3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to professions; modifying provisions relating 1.3 to the board of social work; providing civil 1.4 penalties; amending Minnesota Statutes 1996, sections 1.5 13.99, subdivision 50; 148B.01, subdivisions 4 and 7; 1.6 148B.03; 148B.04, subdivisions 2, 3, and 4; 148B.06, 1.7 subdivision 3; 148B.07; 148B.08, subdivision 2; 1.8 148B.18, subdivisions 4, 5, 11, and by adding 1.9 subdivisions; 148B.19, subdivisions 1, 2, and 4; 1.10 148B.20, subdivision 1, and by adding a subdivision; 1.11 148B.21, subdivisions 3, 4, 5, 6, 7, and by adding a 1.12 subdivision; 148B.215; 148B.22, by adding a 1.13 subdivision; 148B.26, subdivision 1, and by adding a 1.14 subdivision; 148B.27, subdivisions 1 and 2; and 1.15 148B.28, subdivisions 1 and 4; proposing coding for 1.16 new law in Minnesota Statutes, chapter 148B; repealing 1.17 Minnesota Statutes 1996, sections 148B.01, subdivision 1.18 3; 148B.18, subdivisions 6 and 7; 148B.19, subdivision 1.19 3; and 148B.23. 1.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.21 Section 1. Minnesota Statutes 1996, section 13.99, 1.22 subdivision 50, is amended to read: 1.23 Subd. 50. [RECORDS OF
MENTAL HEALTH ANDSOCIAL WORK 1.24 DISCIPLINARY ACTION.] The administrative records of disciplinary 1.25 action taken by athe board under chapter 148Bof social work 1.26 are sealed upon judicial review as provided inclassified under 1.27 section 148B.10148B.285. 1.28 Sec. 2. Minnesota Statutes 1996, section 148B.01, 1.29 subdivision 4, is amended to read: 1.30 Subd. 4. [BOARD OF MARRIAGE AND FAMILY THERAPY.] "Board of1.31 marriage and family therapy" means the board of marriage and 1.32 family therapy established in section 148B.30. 2.1 Sec. 3. Minnesota Statutes 1996, section 148B.01, 2.2 subdivision 7, is amended to read: 2.3 Subd. 7. [LICENSEE.] "Licensee" means a person licensed by 2.4 the board of social work orthe board of marriage and family 2.5 therapy. 2.6 Sec. 4. Minnesota Statutes 1996, section 148B.03, is 2.7 amended to read: 2.8 148B.03 [APPLICABILITY.] 2.9 Sections 148B.04 to 148B.17 apply to the board of social2.10 work andthe board of marriage and family therapy, and the 2.11 licensees within their respective jurisdictionsits 2.12 jurisdiction, unless superseded by an inconsistent law that 2.13 relates specifically to a particular boardit. 2.14 Sec. 5. Minnesota Statutes 1996, section 148B.04, 2.15 subdivision 2, is amended to read: 2.16 Subd. 2. [CONTESTED CASE PROCEEDINGS.] Upon application of 2.17 a party in a contested case proceeding before athe board, the 2.18 board shall produce and permit the inspection and copying, by or 2.19 on behalf of the moving party, of any designated documents or 2.20 papers relevant to the proceedings, in accordance with rule 34, 2.21 Minnesota rules of civil procedure. 2.22 Sec. 6. Minnesota Statutes 1996, section 148B.04, 2.23 subdivision 3, is amended to read: 2.24 Subd. 3. [INFORMATION ON DISCIPLINARY ACTIONS.] If athe 2.25 board imposes disciplinary measures or takes disciplinary action 2.26 of any kind, the name and business address of the licensee, the 2.27 nature of the misconduct, and the action taken by the board, 2.28 including all settlement agreements and other board orders, are 2.29 public data. 2.30 Sec. 7. Minnesota Statutes 1996, section 148B.04, 2.31 subdivision 4, is amended to read: 2.32 Subd. 4. [EXCHANGE OF INFORMATION.] The boardsboard shall 2.33 exchange information with other boards, agencies, or departments 2.34 within the state, as required under section 214.10, subdivision 2.35 8, paragraph (d). 2.36 Sec. 8. Minnesota Statutes 1996, section 148B.06, 3.1 subdivision 3, is amended to read: 3.2 Subd. 3. [INFORMATION REQUIRED.] The boardsboard shall 3.3 require all licensees or applicants to provide their social 3.4 security number and Minnesota business identification number on 3.5 all license applications. Upon request of the commissioner of 3.6 revenue, the board of social work andthe board of marriage and3.7 family therapymust provide to the commissioner of revenue a 3.8 list of all licensees and applicants, including the name and 3.9 address, social security number, and business identification 3.10 number. The commissioner of revenue may request a list of the 3.11 licensees and applicants no more than once each calendar year. 3.12 Sec. 9. Minnesota Statutes 1996, section 148B.07, is 3.13 amended to read: 3.14 148B.07 [REPORTING OBLIGATIONS.] 3.15 Subdivision 1. [PERMISSION TO REPORT.] A person who has 3.16 knowledge of any conduct constituting grounds for disciplinary 3.17 action relating to licensure or unlicensed practice under this 3.18 chapter may report the violation to the appropriateboard. 3.19 Subd. 2. [INSTITUTIONS.] A state agency, political 3.20 subdivision, agency of a local unit of government, private 3.21 agency, hospital, clinic, prepaid medical plan, or other health 3.22 care institution or organization located in this state shall 3.23 report to the appropriateboard any action taken by the agency, 3.24 institution, or organization or any of its administrators or 3.25 medical or other committees to revoke, suspend, restrict, or 3.26 condition a licensee's privilege to practice or treat patients 3.27 or clients in the institution, or as part of the organization, 3.28 any denial of privileges, or any other disciplinary action for 3.29 conduct that might constitute grounds for disciplinary action by 3.30 athe board under this chapter. The institution or organization 3.31 shall also report the resignation of any licensees prior to the 3.32 conclusion of any disciplinary action proceeding for conduct 3.33 that might constitute grounds for disciplinary action under this 3.34 chapter, or prior to the commencement of formal charges but 3.35 after the licensee had knowledge that formal charges were 3.36 contemplated or in preparation. 4.1 Subd. 3. [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A state 4.2 or local professional society or association for licensees shall 4.3 forward to the appropriateboard any complaint received 4.4 concerning the ethics or conduct of the practice which the board 4.5 regulates. The society or association shall forward a complaint 4.6 to the appropriateboard upon receipt of the complaint. The 4.7 society or association shall also report to the appropriate 4.8 board any disciplinary action taken against a member. 4.9 Subd. 4. [LICENSED PROFESSIONALS.] A licensed health 4.10 professional shall report to the appropriateboard personal 4.11 knowledge of any conduct that the licensed health professional 4.12 reasonably believes constitutes grounds for disciplinary action 4.13 under this chapter by any licensee, including conduct indicating 4.14 that the licensee may be medically incompetent, or may be 4.15 medically or physically unable to engage safely in the provision 4.16 of services. If the information was obtained in the course of a 4.17 client relationship, the client is another licensee, and the 4.18 treating individual successfully counsels the other individual 4.19 to limit or withdraw from practice to the extent required by the 4.20 impairment, the board may deem this limitation of or withdrawal 4.21 from practice to be sufficient disciplinary action. 4.22 Subd. 5. [INSURERS.] Four times each year as prescribed by 4.23 athe board, each insurer authorized to sell insurance described 4.24 in section 60A.06, subdivision 1, clause (13), and providing 4.25 professional liability insurance to licensees, or the medical 4.26 joint underwriting association under chapter 62F, shall submit 4.27 to the appropriateboard a report concerning the licensees 4.28 against whom malpractice settlements or awards have been made to 4.29 the plaintiff. The report must contain at least the following 4.30 information: 4.31 (1) the total number of malpractice settlements or awards 4.32 made; 4.33 (2) the date the malpractice settlements or awards were 4.34 made; 4.35 (3) the allegations contained in the claim or complaint 4.36 leading to the settlements or awards made; 5.1 (4) the dollar amount of each malpractice settlement or 5.2 award; 5.3 (5) the regular address of the practice of the licensee 5.4 against whom an award was made or with whom a settlement was 5.5 made; and 5.6 (6) the name of the licensee against whom an award was made 5.7 or with whom a settlement was made. 5.8 The insurance company shall, in addition to the above 5.9 information, report to the board any information it possesses 5.10 that tends to substantiate a charge that a licensee may have 5.11 engaged in conduct violating this chapter. 5.12 Subd. 6. [COURTS.] The court administrator of district 5.13 court or any other court of competent jurisdiction shall report 5.14 to the board any judgment or other determination of the court 5.15 that adjudges or includes a finding that a licensee is mentally 5.16 ill, mentally incompetent, guilty of a felony, guilty of a 5.17 violation of federal or state narcotics laws or controlled 5.18 substances act, or guilty of an abuse or fraud under Medicare or 5.19 Medicaid; or that appoints a guardian of the licensee pursuant 5.20 to sections 525.54 to 525.61 or commits a licensee pursuant to 5.21 chapter 253B. 5.22 Subd. 7. [SELF-REPORTING.] A licensee shall report to 5.23 the appropriateboard or to the office of mental health practice 5.24 any personal action that would require that a report be filed by 5.25 any person, health care facility, business, or organization 5.26 pursuant to subdivisions 2 to 6. 5.27 Subd. 8. [DEADLINES; FORMS.] Reports required by 5.28 subdivisions 2 to 7 must be submitted not later than 30 days 5.29 after the occurrence of the reportable event or transaction. 5.30 The boardsboard and the office of mental health practice may 5.31 provide forms for the submission of reports required by this 5.32 section, may require that reports be submitted on the forms 5.33 provided, and may adopt rules necessary to assure prompt and 5.34 accurate reporting. 5.35 Subd. 9. [SUBPOENAS.] The boardsboard and the office of 5.36 mental health practice may issue subpoenas for the production of 6.1 any reports required by subdivisions 2 to 7 or any related 6.2 documents. 6.3 Sec. 10. Minnesota Statutes 1996, section 148B.08, 6.4 subdivision 2, is amended to read: 6.5 Subd. 2. [INVESTIGATION.] Members of the boards of social6.6 work and marriage and family therapyboard and persons employed 6.7 by the boardsboard or engaged in the investigation of 6.8 violations and in the preparation and management of charges of 6.9 violations of this chapter on behalf of the boardsboard, are 6.10 immune from civil liability and criminal prosecution for any 6.11 actions, transactions, or publications in the execution of, or 6.12 relating to, their duties under this chapter. 6.13 Sec. 11. Minnesota Statutes 1996, section 148B.18, is 6.14 amended by adding a subdivision to read: 6.15 Subd. 2a. [APPLICANT.] "Applicant" means a person who has 6.16 submitted an application, with the appropriate fee, for 6.17 licensure by the board. 6.18 Sec. 12. Minnesota Statutes 1996, section 148B.18, is 6.19 amended by adding a subdivision to read: 6.20 Subd. 3a. [CLIENT.] "Client" means an individual, couple, 6.21 family, group, organization, or community that receives, 6.22 received, or should have received services from an applicant or 6.23 a licensee. 6.24 Sec. 13. Minnesota Statutes 1996, section 148B.18, 6.25 subdivision 4, is amended to read: 6.26 Subd. 4. [COUNTY AGENCY SOCIAL WORKER.] "County agency 6.27 social worker" means an individual who is employed by a county 6.28 social service agency in Minnesota in social work practice or6.29 clinical social work. 6.30 Sec. 14. Minnesota Statutes 1996, section 148B.18, is 6.31 amended by adding a subdivision to read: 6.32 Subd. 4a. [LICENSEE.] "Licensee" means a person licensed 6.33 by the board. 6.34 Sec. 15. Minnesota Statutes 1996, section 148B.18, 6.35 subdivision 5, is amended to read: 6.36 Subd. 5. [STATE AGENCY SOCIAL WORKER.] "State agency 7.1 social worker" means an individual who is employed by a state 7.2 social service agency in Minnesota in social work practice or7.3 clinical social work. 7.4 Sec. 16. Minnesota Statutes 1996, section 148B.18, 7.5 subdivision 11, is amended to read: 7.6 Subd. 11. [SOCIAL WORK PRACTICE.] (a) "Social work 7.7 practice" includesis the application of psychosocialsocial 7.8 work theory and, knowledge, methods in the prevention,7.9 treatment, or resolution of social and/or psychological7.10 dysfunction caused by environmental stress, interpersonal or7.11 intrapersonal conflict, physical or mental disorders, or a7.12 combination of these causes, and ethics to restore or enhance 7.13 social, psychosocial, or biopsychosocial functioning of 7.14 individuals, couples, families, groups, organizations, and 7.15 communities, with particular attention to 7.16 the person-in-situationperson-in-environment configuration. 7.17 Social work practice also includes but is not limited to7.18 psychotherapy, which is restricted to social workers qualified7.19 to practice psychotherapy as defined in subdivision 9. For the7.20 following four categories of licensure, social work practice7.21 also includes the following action:7.22 (a) Licensed social workers evaluate and assess7.23 difficulties in psychosocial functioning, develop a treatment7.24 plan to alleviate those difficulties, and either carry it out7.25 themselves or refer clients to other qualified resources for7.26 assistance. Treatment interventions commonly include but are7.27 not limited to psychosocial evaluation; counseling of7.28 individuals, families, and groups; advocacy; referral to7.29 community resources; and facilitation of organizational change7.30 to meet social needs.7.31 (b) Licensed graduate social workers and licensed7.32 independent social workers evaluate and treat more complex7.33 problems in psychosocial functioning. Treatment interventions7.34 include but are not limited to psychosocial evaluation;7.35 counseling of individuals, families, and groups; referral to7.36 community resources; advocacy; facilitation of organizational8.1 change to meet social needs; and psychotherapy when conducted8.2 under supervision as defined in subdivision 12.8.3 (b) For all levels of licensure, social work practice 8.4 includes assessment, treatment planning and evaluation, case 8.5 management, information and referral, counseling, advocacy, 8.6 teaching, research, supervision, consultation, community 8.7 organization, and the development, implementation, and 8.8 administration of policies, programs, and activities. 8.9 (c) For persons licensed at the licensed independent 8.10 clinical social workers provide professional services forworker 8.11 level, and for persons licensed at either the licensed graduate 8.12 social worker or the licensed independent social worker level 8.13 who practice social work under the supervision of a licensed 8.14 independent clinical social worker, social work practice 8.15 includes the diagnosis ,and treatment , and preventionof mental 8.16 and emotional disorders in individuals, families, and groups ,8.17 with the goal of restoring, maintaining, and enhancing social8.18 functioning. The treatment interventions include, but are not8.19 limited to, those listed for licensed graduate and licensed8.20 independent social workers plusof mental and emotional 8.21 disorders includes the provision of individual, marital, and 8.22 group psychotherapy without supervision. Independent clinical8.23 social work practice may be conducted by independent clinical8.24 social workers in private independent practice or in the employ8.25 of a public or private agency or corporation or other legal8.26 entity.8.27 Social work practice is not medical care nor any other type8.28 of remedial care that may be reimbursed under medical8.29 assistance, chapter 256B, except to the extent such care is8.30 reimbursed under section 256B.0625, subdivision 5, or as8.31 provided under Minnesota Rules, parts 9500.1070, 9500.1020, or8.32 their successor parts.8.33 Sec. 17. [148B.185] [APPLICABILITY.] 8.34 Sections 148B.18 to 148B.289 apply to all applicants and 8.35 licensees, to all persons practicing social work with clients in 8.36 this state, and to persons engaged in the unauthorized practice 9.1 of social work. 9.2 Sec. 18. Minnesota Statutes 1996, section 148B.19, 9.3 subdivision 1, is amended to read: 9.4 Subdivision 1. [CREATION.] The board of social work is 9.5 created. The board consists of 1115 members appointed by the 9.6 governor. The members are: 9.7 (1) eightten social workers licensed under sections 9.8 148B.18 to 148B.28148B.289; and 9.9 (2) threefive public members as defined in section 214.02. 9.10 Sec. 19. Minnesota Statutes 1996, section 148B.19, 9.11 subdivision 2, is amended to read: 9.12 Subd. 2. [QUALIFICATIONS OF BOARD MEMBERS.] Five of the 9.13 eightsocial worker members of the board shall be as follows:9.14 two licensed independent clinical social workers, two licensed9.15 independent social workers, and four licensed social workers9.16 licensed at the baccalaureate level of licensure and five shall 9.17 be licensed at the master's level of licensure. 9.18 Eight of the social worker members shall be engaged in the 9.19 practice of social work in Minnesota in the following settings: 9.20 (1) one member shall be engaged in the practice of social 9.21 work in a state agency; 9.22 (2) one member shall be engaged in the practice of social 9.23 work in a county agency; 9.24 (3) two members shall be engaged in the practice of social 9.25 work in a private agency; 9.26 (4) one member shall be engaged in the practice of social 9.27 work in a private clinical social work setting; 9.28 (5) one member shall be an educator engaged in regular 9.29 teaching duties at an accredited program of social work; 9.30 (6) one member shall be engaged in the practice of social 9.31 work in an elementary, middle, or secondary school , as defined9.32 in section 120.05, and licensed by the board of teaching; and 9.33 (7) one member shall be employed in a hospital or nursing 9.34 home licensed under chapter 144 or 144A. 9.35 In addition, at least threefive members shall be 9.36 persons with expertise in communities of color and at least four10.1 six members shall reside outside of the seven-county 10.2 metropolitan area. 10.3 Sec. 20. Minnesota Statutes 1996, section 148B.19, 10.4 subdivision 4, is amended to read: 10.5 Subd. 4. [OFFICERS AND EXECUTIVE SECRETARYDIRECTOR.] The 10.6 board shall annually elect from its membership a chair, 10.7 vice-chair, and secretary-treasurer, and shall adopt rules to 10.8 govern its proceedings. The board shall appoint and employ an 10.9 executive secretarydirector who is not a member of the board. 10.10 Sec. 21. Minnesota Statutes 1996, section 148B.20, 10.11 subdivision 1, is amended to read: 10.12 Subdivision 1. [GENERAL.] The board of social work shall: 10.13 (a) Adopt and enforce rules for licensure of social workers 10.14 and for regulation of their professional conduct. The rules 10.15 must be designed to protect the public. 10.16 (b) Adopt rules establishing standards and methods of 10.17 determining whether applicants and licensees are qualified under 10.18 sections 148B.21 to 148B.23. The rules must make provision for 10.19 examinations and must establish standards for professional 10.20 conduct, including adoption of a code of professional ethics and 10.21 requirements for continuing education. 10.22 (c) Hold examinations at least twice a year to assess 10.23 applicants' knowledge and skills. The examinations may be 10.24 written or oral and may be administered by the board or by a 10.25 body designated by the board. Examinations must test the 10.26 knowledge and skills of each of the four groups of social 10.27 workers qualified under section 148B.21 to practice social work. 10.28 Examinations must minimize cultural bias and must be balanced in 10.29 theory. 10.30 (d) Issue licenses to individuals qualified under sections 10.31 148B.18 to 148B.28148B.289. 10.32 (e) Issue copies of the rules for licensure to all 10.33 applicants. 10.34 (f) Establish and implement procedures, including a 10.35 standard disciplinary process, to ensure that individuals 10.36 licensed as social workers will comply with the board's rules. 11.1 (g) Establish, maintain, and publish annually a register of 11.2 current licensees. 11.3 (h) Establish initial and renewal application and11.4 examination fees sufficient to cover operating expenses of the11.5 board and its agents.11.6 (i)Educate the public about the existence and content of 11.7 the rules for social work licensing to enable consumers to file 11.8 complaints against licensees who may have violated the rules. 11.9 (j)(i) Evaluate its rules in order to refine the standards 11.10 for licensing social workers and to improve the methods used to 11.11 enforce the board's standards. 11.12 Sec. 22. Minnesota Statutes 1996, section 148B.20, is 11.13 amended by adding a subdivision to read: 11.14 Subd. 3. [DUTIES OF THE BOARD.] The board shall by rule 11.15 establish fees, including late fees, for licenses and renewals 11.16 so that the total fees collected by the board will as closely as 11.17 possible equal anticipated expenditures during the fiscal 11.18 biennium, as provided in section 16A.1285. Fees must be 11.19 credited to accounts in the special revenue fund. 11.20 Sec. 23. Minnesota Statutes 1996, section 148B.21, 11.21 subdivision 3, is amended to read: 11.22 Subd. 3. [SOCIAL WORKER.] To be licensed as a social 11.23 worker, an applicant must provide evidence satisfactory to the 11.24 board that the applicant: 11.25 (1) has received a baccalaureate degree from an accredited 11.26 program of social work; 11.27 (2) has passed the examination provided for in section 11.28 148B.20, subdivision 1; 11.29 (3) will engage in social work practice only under 11.30 supervision as defined in section 148B.18, subdivision 12, for 11.31 at least two years in full-time employment or 4,000 hours of 11.32 part-time employment; 11.33 (4) will conduct all professional activities as a social 11.34 worker in accordance with standards for professional conduct 11.35 established by the statutes and therules of the board; and 11.36 (5) has not engaged in conduct warranting a disciplinary 12.1 action against a licensee. If the applicant has engaged in 12.2 conduct warranting disciplinary action against a licensee, the 12.3 board may issue a license only on the applicant's showing that 12.4 the public will be protected through the issuance of a license 12.5 with conditions or limitations approved by the board. 12.6 Sec. 24. Minnesota Statutes 1996, section 148B.21, 12.7 subdivision 4, is amended to read: 12.8 Subd. 4. [GRADUATE SOCIAL WORKER.] To be licensed as a 12.9 graduate social worker, an applicant must provide evidence 12.10 satisfactory to the board that the applicant: 12.11 (1) has received a master's degree from an accredited 12.12 program of social work or doctoral degree in social work; 12.13 (2) has passed the examination provided for in section 12.14 148B.20, subdivision 1; 12.15 (3) will engage in social work practice only under 12.16 supervision as defined in section 148B.18, subdivision 12; 12.17 (4) will conduct all professional activities as a graduate 12.18 social worker in accordance with standards for professional 12.19 conduct established by the statutes and rules of the board; and 12.20 (5) has not engaged in conduct warranting a disciplinary 12.21 action against a licensee. If the applicant has engaged in 12.22 conduct warranting disciplinary action against a licensee, the 12.23 board may issue a license only on the applicant's showing that 12.24 the public will be protected through the issuance of a license 12.25 with conditions or limitations approved by the board. 12.26 Sec. 25. Minnesota Statutes 1996, section 148B.21, 12.27 subdivision 5, is amended to read: 12.28 Subd. 5. [INDEPENDENT SOCIAL WORKER.] To be licensed as an 12.29 independent social worker, an applicant must provide evidence 12.30 satisfactory to the board that the applicant: 12.31 (1) has received a master's degree from an accredited 12.32 program of social work or doctoral degree in social work; 12.33 (2) has passed the examination provided for in section 12.34 148B.20, subdivision 1; 12.35 (3) has practiced social work for at least two years in 12.36 full-time employment or 4,000 hours of part-time employment 13.1 under supervision as defined in section 148B.18, subdivision 12, 13.2 after receiving the master's or doctoral degree in social work; 13.3 (4) will conduct all professional activities as an 13.4 independent social worker in accordance with standards for 13.5 professional conduct established by the statutes and rules of 13.6 the board; and 13.7 (5) has not engaged in conduct warranting a disciplinary 13.8 action against a licensee. If the applicant has engaged in 13.9 conduct warranting disciplinary action against a licensee, the 13.10 board may issue a license only on the applicant's showing that 13.11 the public will be protected through the issuance of a license 13.12 with conditions or limitations approved by the board. 13.13 Sec. 26. Minnesota Statutes 1996, section 148B.21, 13.14 subdivision 6, is amended to read: 13.15 Subd. 6. [INDEPENDENT CLINICAL SOCIAL WORKER.] To be 13.16 licensed as an independent clinical social worker, an applicant 13.17 must provide evidence satisfactory to the board that the 13.18 applicant: 13.19 (1) has received a master's degree from an accredited 13.20 program of social work, or doctoral degree in social work, that 13.21 included an advanced concentration of clinically oriented course 13.22 work as defined by the board and a supervised clinical field 13.23 placement at the graduate level, or post-master's clinical 13.24 training that is found by the board to be equivalent to that 13.25 course work and field placement; 13.26 (2) has practiced clinical social work for at least two 13.27 years in full-time employment or 4,000 hours of part-time 13.28 employment under supervision as defined in section 148B.18, 13.29 subdivision 12, after receiving the master's or doctoral degree 13.30 in social work; 13.31 (3) has passed the examination provided for in section 13.32 148B.20, subdivision 1; 13.33 (4) will conduct all professional activities as an 13.34 independent clinical social worker in accordance with standards 13.35 for professional conduct established by the statutes and rules 13.36 of the board; and 14.1 (5) has not engaged in conduct warranting a disciplinary 14.2 action against a licensee. If the applicant has engaged in 14.3 conduct warranting disciplinary action against a licensee, the 14.4 board may issue a license only on the applicant's showing that 14.5 the public will be protected through the issuance of a license 14.6 with conditions or limitations approved by the board. 14.7 Sec. 27. Minnesota Statutes 1996, section 148B.21, is 14.8 amended by adding a subdivision to read: 14.9 Subd. 6a. [BACKGROUND CHECKS.] The board shall request a 14.10 criminal history background check from the superintendent of the 14.11 bureau of criminal apprehension on all applicants for initial 14.12 licensure. An application for a license under this section must 14.13 be accompanied by an executed criminal history consent form and 14.14 the fee for conducting the criminal history background check. 14.15 Sec. 28. Minnesota Statutes 1996, section 148B.21, 14.16 subdivision 7, is amended to read: 14.17 Subd. 7. [ ESTABLISHMENT OF CANDIDACY STATUSTEMPORARY 14.18 PERMIT.] (a) The board may issue a practicetemporary permit to 14.19 practice social work to an applicant in the following 14.20 situations, provided the applicant meets all other requirements 14.21 for licensure: 14.22 (1) the applicant has applied to take the first examination14.23 for licensure given by the board following either graduation or14.24 anticipated graduation from anpassed the licensure examination 14.25 and the applicant's accredited program of social work ; orhas 14.26 submitted an affidavit on a form provided by the board verifying 14.27 the applicant's completion of the requirements for a degree. 14.28 The affidavit must be submitted within 15 days of the date of 14.29 completion of the degree requirements. The temporary permit 14.30 under this clause is valid for six months, or until a license is 14.31 issued, whichever comes first, and is nonrenewable; 14.32 (2) the applicant is licensed or certified to practice14.33 social work in Minnesota or another jurisdiction, meets the14.34 requirements in section 148B.24, is intending to establish a14.35 practice in Minnesota before being able to take the next14.36 examination for licensure given by the board, and has applied to15.1 take the same examination.has applied for licensure under 15.2 section 148B.24 and the board determines that the applicant must 15.3 pass the licensure examination before being licensed. The 15.4 temporary permit under this clause is valid if the applicant 15.5 passes the examination and completes the licensure process 15.6 within the time periods specified by the board, and is 15.7 nonrenewable; or 15.8 (b) The practice permit is valid until the board takes15.9 final action on the application, which shall occur within 6015.10 days of the board's receipt of the applicant's examination15.11 results. The board, at its discretion, may extend the practice15.12 permit if the applicant fails to pass or take the examination.15.13 If the board determines that an extension of the practice permit15.14 is not warranted, the applicant must cease practicing social15.15 work immediately.15.16 (3) the applicant has passed the licensure examination, has 15.17 graduated from a program of social work in candidacy status with 15.18 the Council on Social Work Education, and the program of social 15.19 work has submitted an affidavit on a form provided by the board 15.20 verifying the applicant's completion of the requirements for a 15.21 degree. The affidavit must be submitted within 15 days of the 15.22 date of completion of the degree requirements. The temporary 15.23 permit under this clause is valid for six months, and may be 15.24 extended at the board's discretion upon a showing that the 15.25 social work program remains in good standing with the Council on 15.26 Social Work Education. If the board receives notice from the 15.27 Council on Social Work Education that the program of social work 15.28 is not in good standing or that accreditation will not be 15.29 granted to the program of social work, then the temporary permit 15.30 shall be invalid immediately and the applicant shall not qualify 15.31 for licensure. 15.32 (c)(b) An applicant who obtains a practicetemporary 15.33 permit , and who has applied for a level of licensure which15.34 requires supervision upon licensure,may practice social work 15.35 only under the supervision of a licensed social worker who is 15.36 eligible to provide supervision under section 148B.18, 16.1 subdivision 12. The applicant's supervisor must provide 16.2 evidence to the board, before the applicant is approved by the 16.3 board for licensure, that the applicant has practiced social 16.4 work under supervision. This supervision will not apply toward 16.5 the supervision requirement required after licensure. 16.6 (c) A temporary permit is nonrenewable. 16.7 Sec. 29. Minnesota Statutes 1996, section 148B.215, is 16.8 amended to read: 16.9 148B.215 [CONTESTED CASE HEARING.] 16.10 An applicant or a licensee who is the subject of an adverse 16.11 action by the board may request a contested case hearing under 16.12 chapter 14. An applicant or a licensee who desires to request a 16.13 contested case hearing must submit a written request to the 16.14 board within 90 days of receipt ofthe date on which the board 16.15 mailed the notification of the adverse action , or within 90 days16.16 of August 1, 1992, whichever date occurs later. 16.17 Sec. 30. Minnesota Statutes 1996, section 148B.22, is 16.18 amended by adding a subdivision to read: 16.19 Subd. 3. [BACKGROUND CHECKS.] The board shall request a 16.20 criminal history background check from the superintendent of the 16.21 bureau of criminal apprehension on all licensees under its 16.22 jurisdiction who did not complete a criminal history background 16.23 check as part of an application for initial licensure. This 16.24 background check is a one-time requirement. An application for 16.25 a license under this section must be accompanied by an executed 16.26 criminal history consent form and the fee for conducting the 16.27 criminal history background check. 16.28 Sec. 31. Minnesota Statutes 1996, section 148B.26, 16.29 subdivision 1, is amended to read: 16.30 Subdivision 1. [GROUNDS.] The following conduct is grounds 16.31 for the board may refuse to renew or to grant a license to, or16.32 may suspend, revoke, or restrict the license of an individual16.33 whom the board, after a hearing under the contested case16.34 provisions of chapter 14, determines:16.35 (1) is incompetent to engage in social work practice, is16.36 found to be engaged in social work practice in a manner harmful17.1 or dangerous to a client or to the public, or is found to have17.2 engaged in unprofessional conduct, as established by statute,17.3 rule, or a consensus of expert social work opinion as reasonably17.4 necessary for the protection of the public interest;17.5 (2) has violated the rules of the board, the statutes the17.6 board is empowered to enforce, or any other law that is related17.7 to the practice of social work;17.8 (3) has obtained or attempted to obtain a license or17.9 license renewal by bribery or fraudulent representation; or17.10 (4) has knowingly made a false statement on a form required17.11 by the board for licensing or license renewal.to deny the 17.12 application for or the renewal of a temporary permit or license, 17.13 to take disciplinary or other action against a license as 17.14 provided for in section 148B.281, or to take corrective action 17.15 against a licensee as provided for in chapter 214: 17.16 (1) engaging in any conduct which violates any statute or 17.17 rule enforced by the board, or any other law that is related to 17.18 the practice of social work; 17.19 (2) violating any order issued by the board; 17.20 (3) practicing outside the scope of practice authorized by 17.21 this chapter for each level of licensure; 17.22 (4) failing to demonstrate the qualifications or satisfy 17.23 the requirements for licensure, with the burden of proof on the 17.24 applicant to demonstrate the qualifications or the satisfaction 17.25 of the requirements; 17.26 (5) obtaining a temporary permit, license, or license 17.27 renewal by fraud, bribery, or cheating, or attempting to subvert 17.28 the examination process; 17.29 (6) making a false statement or misrepresentation to the 17.30 board; 17.31 (7) having been the subject of revocation, suspension, or 17.32 surrender of a social work or related license or of other 17.33 adverse action related to a social work or related license in 17.34 another jurisdiction or country; 17.35 (8) failing to report the revocation, suspension, or 17.36 surrender of a social work or related license or other adverse 18.1 action related to a social work or related license in another 18.2 jurisdiction or country, failing to report that a complaint or 18.3 other charges regarding the person's license have been brought 18.4 in this or another jurisdiction or country, or having been 18.5 refused a license by any other jurisdiction or country; 18.6 (9) engaging in unprofessional conduct or any other conduct 18.7 which has the potential for causing harm to the public, 18.8 including any departure from or failure to conform to the 18.9 minimum standards of acceptable and prevailing practice without 18.10 actual injury having to be established; 18.11 (10) engaging in unethical conduct or conduct likely to 18.12 deceive, defraud, or harm the public, demonstrating a willful or 18.13 careless disregard for the health, welfare, or safety of a 18.14 client, or engaging in a practice which is professionally 18.15 incompetent with proof of actual injury not having to be 18.16 established; 18.17 (11) being adjudicated by a court of competent 18.18 jurisdiction, within or without this state, as incapacitated, 18.19 mentally incompetent or mentally ill, chemically dependent, 18.20 mentally ill and dangerous to the public, or a psychopathic 18.21 personality; 18.22 (12) being unable to practice with reasonable skill and 18.23 safety by reason of illness, use of alcohol, drugs, chemicals or 18.24 any other materials, or as a result of any mental or physical 18.25 condition; 18.26 (13) engaging in improper or fraudulent billing practices, 18.27 including violations of the federal Medicare and Medicaid laws 18.28 or state medical assistance laws; 18.29 (14) obtaining money, property, or services from a client 18.30 through the use of undue influence, harassment, duress, 18.31 deception, or fraud or through the improper use of a 18.32 professional position; 18.33 (15) engaging in sexual contact, as defined in section 18.34 148A.01, with a client or conduct that is or may reasonably be 18.35 interpreted by the client as sexual, engaging in verbal behavior 18.36 that is or may be reasonably be interpreted as sexually 19.1 seductive or sexually demeaning to a client, or engaging in 19.2 conduct that violates section 617.23; 19.3 (16) being convicted, including a finding or verdict of 19.4 guilt, whether or not the adjudication of guilt is withheld or 19.5 not entered, an admission of guilt, or a no contest plea, of a 19.6 crime against a minor; 19.7 (17) being convicted, including a finding or verdict of 19.8 guilt, whether or not the adjudication of guilt is withheld or 19.9 not entered, an admission of guilt, or a no contest plea of a 19.10 felony, gross misdemeanor, or misdemeanor reasonably related to 19.11 the practice of social work, as evidenced by a certified copy of 19.12 the conviction; 19.13 (18) engaging in an unfair discriminatory practice 19.14 prohibited by chapter 363 of an employee of the applicant, 19.15 licensee, or facility in which the applicant or licensee 19.16 practices; 19.17 (19) engaging in false, fraudulent, deceptive, or 19.18 misleading advertising; or 19.19 (20) revealing a privileged communication from or relating 19.20 to a client except when otherwise required or permitted by law. 19.21 Sec. 32. Minnesota Statutes 1996, section 148B.26, is 19.22 amended by adding a subdivision to read: 19.23 Subd. 4. [CONDUCT BEFORE LICENSURE.] The board's 19.24 jurisdiction to exercise its powers as provided for in 19.25 subdivision 1 extends to an applicant's or licensee's conduct 19.26 that occurred prior to licensure, if the conduct fell below 19.27 minimum standards for the practice of social work at the time 19.28 the conduct occurred or the conduct continues to affect the 19.29 applicant's or licensee's present ability to practice social 19.30 work in conformity with this chapter and the board's rules. 19.31 Sec. 33. Minnesota Statutes 1996, section 148B.27, 19.32 subdivision 1, is amended to read: 19.33 Subdivision 1. [PRACTICE.] After the board adopts rules,19.34 No individual shall engage in social work practice unless that 19.35 individual holds a valid temporary permit or a license as a 19.36 licensed social worker, licensed graduate social worker, 20.1 licensed independent social worker, or licensed independent 20.2 clinical social worker. 20.3 Sec. 34. Minnesota Statutes 1996, section 148B.27, 20.4 subdivision 2, is amended to read: 20.5 Subd. 2. [USE OF TITLES.] After the board adopts rules,No 20.6 individual shall be presented to the public by any title 20.7 incorporating the words "social work" or "social worker" unless 20.8 that individual holds a valid temporary permit or a license 20.9 issued under sections 148B.18 to 148B.28148B.289. City, 20.10 county, and state agency social workers who are not licensed 20.11 under sections 148B.18 to 148B.28148B.289 may use only the 20.12 title city agency social worker or county agency social worker 20.13 or state agency social worker. 20.14 Sec. 35. Minnesota Statutes 1996, section 148B.28, 20.15 subdivision 1, is amended to read: 20.16 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 20.17 148B.18 to 148B.28148B.289 shall be construed to prevent 20.18 members of other professions or occupations from performing 20.19 functions for which they are qualified or licensed. This 20.20 exception includes but is not limited to licensed physicians; 20.21 registered nurses; licensed practical nurses; psychological 20.22 practitioners; probation officers; members of the clergy; 20.23 attorneys; marriage and family therapists; chemical dependency 20.24 counselors; professional counselors; school counselors; and 20.25 registered occupational therapists or certified occupational 20.26 therapist assistants. These persons must not, however, hold 20.27 themselves out to the public by any title or description stating 20.28 or implying that they are engaged in the practice of social 20.29 work, or that they are licensed to engage in the practice of 20.30 social work. Persons engaged in the practice of social work are 20.31 not exempt from the board's jurisdiction solely by the use of 20.32 one of the above titles. 20.33 Sec. 36. Minnesota Statutes 1996, section 148B.28, 20.34 subdivision 4, is amended to read: 20.35 Subd. 4. [CITY, COUNTY, AND STATE AGENCY SOCIAL WORKERS.] 20.36 The licensing of city, county, and state agency social workers 21.1 shall be voluntary. City, county, and state agencies employing 21.2 social workers shall not be required to employ licensed social 21.3 workers , nor shall they require their social worker employees to21.4 be licensed. 21.5 Sec. 37. [148B.281] [COMPLAINTS; INVESTIGATION AND 21.6 HEARING.] 21.7 Subdivision 1. [DISCOVERY; SUBPOENAS.] In all matters 21.8 relating to its lawful regulatory activities, the board may 21.9 issue subpoenas and compel the attendance of witnesses and the 21.10 production of all necessary papers, books, records, documents, 21.11 and other evidentiary material. Any person failing or refusing 21.12 to appear to testify regarding any matter about which the person 21.13 may be lawfully questioned or failing to produce any papers, 21.14 books, records, documents, or other evidentiary materials in the 21.15 matter to be heard, after having been required by order of the 21.16 board or by a subpoena of the board to do so may, upon 21.17 application to the district court in any district, be ordered to 21.18 comply with the subpoena or order. Any board member may 21.19 administer oaths to witnesses or take their affirmation. 21.20 Depositions may be taken within or without the state in the 21.21 manner provided by law for the taking of depositions in civil 21.22 actions. A subpoena or other process or paper may be served 21.23 upon a person it names anywhere within the state by any officer 21.24 authorized to serve subpoenas or other process or paper in civil 21.25 actions in the same manner as prescribed by law for service of 21.26 process issued out of the district court of this state. 21.27 Subd. 2. [CLASSIFICATION OF DATA.] The board shall 21.28 maintain any records, other than client records, obtained as 21.29 part of an investigation, as investigative data under section 21.30 13.41. Client records are classified as private under chapter 21.31 13, and must be protected as such in the records of the board 21.32 and in administrative or judicial proceedings unless the client 21.33 authorizes the board in writing to make public the identity of 21.34 the client or a portion or all of the client's records. 21.35 Subd. 3. [EXAMINATION.] If the board has probable cause to 21.36 believe that an applicant or licensee has engaged in conduct 22.1 prohibited by chapter 214 or a statute or rule enforced by the 22.2 board, it may issue an order directing the applicant or licensee 22.3 to submit to a mental or physical examination or chemical 22.4 dependency evaluation. For the purpose of this section, every 22.5 applicant or licensee is considered to have consented to submit 22.6 to a mental or physical examination or chemical dependency 22.7 evaluation when ordered to do so in writing by the board and to 22.8 have waived all objections to the admissibility of the 22.9 examiner's or evaluator's testimony or reports on the grounds 22.10 that the testimony or reports constitute a privileged 22.11 communication. 22.12 Subd. 4. [FAILURE TO SUBMIT TO AN EXAMINATION.] Failure to 22.13 submit to an examination or evaluation when ordered, unless the 22.14 failure was due to circumstances beyond the control of the 22.15 applicant or licensee, constitutes an admission that the 22.16 applicant or licensee violated chapter 214 or a statute or rule 22.17 enforced by the board, based on the factual specifications in 22.18 the examination or evaluation order, and may result in an 22.19 application being denied or a default and final disciplinary 22.20 order being entered without the taking of testimony or other 22.21 evidence. If a contested case hearing is requested, the only 22.22 issues to be determined at the hearing are whether the 22.23 designated board member had probable cause to issue the 22.24 examination or evaluation order and whether the failure to 22.25 submit was due to circumstances beyond the control of the 22.26 applicant or licensee. Neither the record of a proceeding under 22.27 this subdivision nor the orders entered by the board are 22.28 admissible, subject to subpoena, or to be used against the 22.29 applicant or licensee in a proceeding in which the board is not 22.30 a party or decision maker. Information obtained under this 22.31 subdivision is classified as private under chapter 13 and the 22.32 orders issued by the board as the result of an applicant's or a 22.33 licensee's failure to submit to an examination or evaluation are 22.34 classified as public. 22.35 Subd. 5. [ACCESS TO DATA AND RECORDS.] In addition to 22.36 ordering a physical or mental examination or chemical dependency 23.1 evaluation and notwithstanding section 13.42, 144.651, 595.02, 23.2 or any other law limiting access to medical or other health 23.3 records, the board may obtain data and health records relating 23.4 to an applicant or licensee without the applicant's or 23.5 licensee's consent if the board has probable cause to believe 23.6 that an applicant or licensee has engaged in conduct prohibited 23.7 by chapter 214 or a statute or rule enforced by the board. An 23.8 applicant, licensee, insurance company, health care facility, 23.9 provider as defined in section 144.335, subdivision 1, paragraph 23.10 (b), or government agency shall comply with any written request 23.11 of the board under this subdivision and is not liable in any 23.12 action for damages for releasing the data requested by the board 23.13 if the data are released in accordance with a written request 23.14 made under this subdivision, unless the information is false and 23.15 the person or entity giving the information knew or had reason 23.16 to know that the information was false. Information on 23.17 individuals obtained under this section is investigative data 23.18 under section 13.41. 23.19 Subd. 6. [FORMS OF DISCIPLINARY ACTION.] When grounds for 23.20 disciplinary action exist under chapter 214 or a statute or rule 23.21 enforced by the board, it may take one or more of the following 23.22 disciplinary actions: 23.23 (1) deny the right to practice; 23.24 (2) revoke the right to practice; 23.25 (3) suspend the right to practice; 23.26 (4) impose limitations on the practice of the licensee; 23.27 (5) impose conditions on the practice of the licensee; 23.28 (6) impose a civil penalty not exceeding $10,000 for each 23.29 separate violation, the amount of the civil penalty to be fixed 23.30 so as to deprive the licensee of any economic advantage gained 23.31 by reason of the violation charged, or to discourage repeated 23.32 violations; 23.33 (7) impose a fee to reimburse the board for all or part of 23.34 the cost of the proceedings resulting in disciplinary action 23.35 including, but not limited to, the amount paid by the board for 23.36 services from the office of administrative hearings, attorney 24.1 fees, court reporters, witnesses, reproduction of records, board 24.2 members' per diem compensation, board staff time, and expense 24.3 incurred by board members and staff; 24.4 (8) censure or reprimand the licensee; 24.5 (9) require the passing of the examination provided for in 24.6 section 148B.20, subdivision 1; or 24.7 (10) take any other action justified by the facts of the 24.8 case. 24.9 Subd. 7. [CENSURE OR REPRIMAND.] (a) In addition to the 24.10 board's authority to issue a censure or a reprimand to a 24.11 licensee, a designated board member reviewing a complaint as 24.12 provided for in chapter 214 may issue a censure or a reprimand 24.13 to a licensee. The censure or reprimand shall notify the 24.14 licensee that the censure or reprimand will become final 24.15 disciplinary action unless the licensee requests a hearing 24.16 within 14 days. 24.17 (b) If the licensee requests a timely hearing, the 24.18 committee shall either schedule a hearing or withdraw the 24.19 censure or reprimand. The hearing shall be de novo before the 24.20 board, provided that the designated board member who issued the 24.21 censure or reprimand shall not deliberate or vote. Evidence 24.22 shall be received only in form of affidavits or other documents 24.23 except for testimony by the licensee or other witnesses whose 24.24 testimony the board chair has authorized for good cause. If 24.25 testimony is authorized, it shall be subject to 24.26 cross-examination. After the hearing, the board shall affirm or 24.27 dismiss the censure or reprimand, or direct the committee to 24.28 initiate a contested case proceeding pursuant to chapter 14. 24.29 Subd. 8. [TEMPORARY SUSPENSION.] In addition to any other 24.30 remedy provided by law, the board may, acting through its 24.31 designated board member and without a hearing, temporarily 24.32 suspend the right of a licensee to practice if the board member 24.33 finds that the licensee has violated a statute or rule that the 24.34 board is empowered to enforce and that continued practice by the 24.35 licensee would create a serious risk of harm to others. The 24.36 suspension is in effect upon service of a written order on the 25.1 licensee specifying the statute or rule violated. The order 25.2 remains in effect until the board issues a final order in the 25.3 matter after a hearing or upon agreement between the board and 25.4 the licensee. Service of the order is effective if the order is 25.5 served on the licensee or counsel of record personally or by 25.6 first class mail to the most recent address provided to the 25.7 board for the licensee or the counsel of record. Within ten 25.8 days of service of the order, the board shall hold a hearing 25.9 before its own members on the sole issue of whether there is a 25.10 reasonable basis to continue, modify, or lift the suspension. 25.11 Evidence presented by the board or licensee may be in affidavit 25.12 form only. The licensee or the counsel of record may appear for 25.13 oral argument. Within five working days after the hearing, the 25.14 board shall issue its order and, if the suspension is continued, 25.15 schedule a contested case hearing within 45 days after issuance 25.16 of the order. The administrative law judge shall issue a report 25.17 within 30 days after closing of the contested case hearing 25.18 record. The board shall issue a final order within 30 days 25.19 after receipt of that report. 25.20 Subd. 9. [AUTOMATIC SUSPENSION; RESTORATION.] The right to 25.21 practice is automatically suspended if (1) a guardian of a 25.22 licensee is appointed by order of a court under sections 525.54 25.23 to 525.61, or (2) the licensee is committed by order of a court 25.24 pursuant to chapter 253B. The right to practice remains 25.25 suspended until the licensee is restored to capacity by a court 25.26 and, upon petition by the licensee, the suspension is terminated 25.27 by the board after a hearing or upon agreement between the board 25.28 and the licensee. In its discretion, the board may restore and 25.29 reissue permission to provide services, but as a condition of 25.30 the permission may impose a disciplinary or corrective measure 25.31 that it might originally have imposed. 25.32 Subd. 10. [ADDITIONAL REMEDIES.] The board may in its own 25.33 name issue a cease and desist order to stop a person from 25.34 engaging in an unauthorized practice or violating or threatening 25.35 to violate a statute, rule, or order which the board has issued 25.36 or is empowered to enforce. The cease and desist order must 26.1 state the reason for its issuance and give notice of the 26.2 person's right to request a hearing under sections 14.57 to 26.3 14.62. If, within 15 days of service of the order, the subject 26.4 of the order fails to request a hearing in writing, the order is 26.5 the final order of the board and is not reviewable by a court or 26.6 agency. 26.7 A hearing must be initiated by the board not later than 30 26.8 days from the date of the board's receipt of a written hearing 26.9 request. Within 30 days of receipt of the administrative law 26.10 judge's report, the board shall issue a final order modifying, 26.11 vacating, or making permanent the cease and desist order as the 26.12 facts require. The final order remains in effect until modified 26.13 or vacated by the board. 26.14 When a request for a stay accompanies a timely hearing 26.15 request, the board may, in its discretion, grant the stay. If 26.16 the board does not grant a requested stay, it shall refer the 26.17 request to the office of administrative hearings within three 26.18 working days of receipt of the request. Within ten days after 26.19 receiving the request from the board, an administrative law 26.20 judge shall issue a recommendation to grant or deny the stay. 26.21 The board shall grant or deny the stay within five days of 26.22 receiving the administrative law judge's recommendation. 26.23 In the event of noncompliance with a cease and desist 26.24 order, the board may institute a proceeding in Ramsey county 26.25 district court to obtain injunctive relief or other appropriate 26.26 relief, including a civil penalty payable to the board not 26.27 exceeding $10,000 for each separate violation. 26.28 Subd. 11. [INJUNCTIVE RELIEF.] In addition to any other 26.29 remedy provided by law, including the issuance of a cease and 26.30 desist order under subdivision 1, the board may in its own name 26.31 bring an action in Ramsey county district court for injunctive 26.32 relief to restrain any unauthorized practice or violation or 26.33 threatened violation of any statute, rule, or order which the 26.34 board is empowered to regulate, enforce, or issue. A temporary 26.35 restraining order must be granted in the proceeding if continued 26.36 activity by a licensee would create a serious risk of harm to 27.1 others. The board need not show irreparable harm. 27.2 Subd. 12. [ADDITIONAL POWERS.] The issuance of a cease and 27.3 desist order or injunctive relief granted under this section 27.4 does not relieve a licensee from criminal prosecution by a 27.5 competent authority or from disciplinary action by the board. 27.6 Nothing in this section limits the board's authority to seek 27.7 injunctive relief under section 214.11. 27.8 Subd. 13. [PENDING APPEAL.] A suspension, revocation, 27.9 condition, limitation, qualification, or restriction of an 27.10 individual's license or right to practice is in effect pending 27.11 determination of an appeal unless the court, upon petition and 27.12 for good cause shown, orders otherwise. 27.13 Sec. 38. [148B.282] [PROFESSIONAL COOPERATION.] 27.14 An applicant or a licensee who is the subject of an 27.15 investigation, or who is questioned in connection with an 27.16 investigation, by or on behalf of the board shall cooperate 27.17 fully with the investigation. Cooperation includes responding 27.18 fully and promptly to any question raised by or on behalf of the 27.19 board relating to the subject of the investigation, providing 27.20 copies of client and other records in the applicant's or 27.21 licensee's possession relating to the matter under investigation 27.22 and executing releases for records, as reasonably requested by 27.23 the board, and appearing at conferences or hearings scheduled by 27.24 the board. The board shall pay for copies requested. The board 27.25 shall be allowed access to any records of a client provided 27.26 services by the applicant or licensee under review. If the 27.27 client has not signed a consent permitting access to the 27.28 client's records, the applicant or licensee shall delete any 27.29 data in the record that identifies the client before providing 27.30 them to the board. The board shall maintain any records 27.31 obtained pursuant to this section as investigative data pursuant 27.32 to chapter 13. 27.33 Sec. 39. [148B.283] [REPORTING OBLIGATIONS.] 27.34 Subdivision 1. [PERMISSION TO REPORT.] A person who has 27.35 knowledge of any conduct by an applicant or a licensee which may 27.36 constitute grounds for disciplinary action under this chapter or 28.1 the rules of the board or of any unlicensed practice under this 28.2 chapter may report the violation to the board. 28.3 Subd. 2. [INSTITUTIONS.] A state agency, political 28.4 subdivision, agency of a local unit of government, private 28.5 agency, hospital, clinic, prepaid medical plan, or other health 28.6 care institution or organization located in this state shall 28.7 report to the board any action taken by the agency, institution, 28.8 or organization or any of its administrators or medical or other 28.9 committees to revoke, suspend, restrict, or condition an 28.10 applicant's or a licensee's privilege to practice or treat 28.11 patients or clients in the institution, or as part of the 28.12 organization, any denial of privileges, or any other 28.13 disciplinary action for conduct that might constitute grounds 28.14 for disciplinary action by the board under this chapter. The 28.15 institution or organization shall also report the resignation of 28.16 any applicants or licensees prior to the conclusion of any 28.17 disciplinary action proceeding for conduct that might constitute 28.18 grounds for disciplinary action under this chapter, or prior to 28.19 the commencement of formal charges but after the applicant or 28.20 licensee had knowledge that formal charges were contemplated or 28.21 in preparation. 28.22 Subd. 3. [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A state 28.23 or local professional society or association for licensees shall 28.24 forward to the board any complaint received concerning the 28.25 ethics or conduct of the practice which the board regulates. 28.26 The society or association shall forward a complaint to the 28.27 board upon receipt of the complaint. The society or association 28.28 shall also report to the board any disciplinary action taken 28.29 against a member. 28.30 Subd. 4. [LICENSED PROFESSIONALS.] (a) A licensed health 28.31 professional shall report to the board information on the 28.32 following conduct by an applicant or a licensee: 28.33 (1) sexual contact or sexual conduct with a client or a 28.34 former client; 28.35 (2) failure to make reports required by section 626.556 or 28.36 626.557; 29.1 (3) impairment in the ability to practice by reason of 29.2 illness, use of alcohol, drugs, or other chemicals, or as a 29.3 result of any mental or physical condition; 29.4 (4) improper or fraudulent billing practices, including 29.5 violations of the federal Medicare and Medicaid laws or state 29.6 medical assistance laws; 29.7 (5) fraud in the licensure application process or any other 29.8 false statements made to the board; 29.9 (6) conviction of a felony reasonably related to the 29.10 practice of social work, including conviction of the 29.11 psychotherapist sex crimes in chapter 609; and 29.12 (7) a violation of a board order. 29.13 (b) A licensed health professional shall also report to the 29.14 board information on any other conduct by an applicant or a 29.15 licensee that constitutes grounds for disciplinary action under 29.16 this chapter or the rules of the board when the licensed health 29.17 professional reasonably believes, after appropriate assessment, 29.18 that the client's functioning has been or likely will be 29.19 affected negatively by the conduct, regardless of whether the 29.20 conduct has ceased. 29.21 (c) Notwithstanding paragraphs (a) and (b), a licensed 29.22 health professional shall report to the board knowledge of any 29.23 actions which institutions must report under subdivision 2. 29.24 Subd. 5. [REPORTING OTHER LICENSED PROFESSIONALS.] An 29.25 applicant or a licensee shall report to the appropriate board 29.26 conduct by a licensed health professional which would constitute 29.27 grounds for disciplinary action under the chapter governing the 29.28 practice of the other licensed health professional and which is 29.29 required by law to be reported to the same board. 29.30 Subd. 6. [INSURERS AND OTHER ENTITIES MAKING LIABILITY 29.31 PAYMENTS.] (a) Four times each year as prescribed by the board, 29.32 each insurer authorized to sell insurance described in section 29.33 60A.06, subdivision 1, clause (13), and providing professional 29.34 liability insurance to licensees, or the medical joint 29.35 underwriting association under chapter 62F, shall submit to the 29.36 board a report concerning the licensees against whom malpractice 30.1 settlements or awards have been made to the plaintiff. The 30.2 report must contain at least the following information: 30.3 (1) the total number of malpractice settlements or awards 30.4 made; 30.5 (2) the date the malpractice settlements or awards were 30.6 made; 30.7 (3) the allegations contained in the claim or complaint 30.8 leading to the settlements or awards made; 30.9 (4) the dollar amount of each malpractice settlement or 30.10 award; 30.11 (5) the regular address of the practice of the licensee 30.12 against whom an award was made or with whom a settlement was 30.13 made; and 30.14 (6) the name of the licensee against whom an award was made 30.15 or with whom a settlement was made. 30.16 (b) A medical clinic, hospital, political subdivision, or 30.17 other entity which makes professional liability insurance 30.18 payments on behalf of applicants or licensees shall submit to 30.19 the board a report concerning malpractice settlements or awards 30.20 paid on behalf of applicants or licensees, and any settlements 30.21 or awards paid by a clinic, hospital, political subdivision, or 30.22 other entity on its own behalf because of care rendered by 30.23 applicants or licensees. This requirement excludes forgiveness 30.24 of bills. The report shall be made to the board within 30 days 30.25 of payment of all or part of any settlement or award. 30.26 (c) The insurance company or other entity making 30.27 professional liability insurance payments shall, in addition to 30.28 the information in paragraph (b), report to the board any 30.29 information it possesses that tends to substantiate a charge, 30.30 including the factual data underlying a settlement, that an 30.31 applicant or a licensee may have engaged in conduct violating 30.32 this chapter. 30.33 Subd. 7. [COURTS.] The court administrator of district 30.34 court or any other court of competent jurisdiction shall report 30.35 to the board any judgment or other determination of the court 30.36 that adjudges or includes a finding that an applicant or a 31.1 licensee is mentally ill, mentally incompetent, guilty of a 31.2 felony, guilty of a violation of federal or state narcotics laws 31.3 or controlled substances act, or guilty of an abuse or fraud 31.4 under Medicare or Medicaid; or that appoints a guardian of the 31.5 applicant or licensee pursuant to sections 525.54 to 525.61 or 31.6 commits an applicant or a licensee pursuant to chapter 253B. 31.7 Subd. 8. [SELF-REPORTING.] An applicant or a licensee 31.8 shall report to the board any personal action that would require 31.9 that a report be filed by any person, health care facility, 31.10 business, or organization pursuant to subdivisions 2 to 7. 31.11 Subd. 9. [DEADLINES; FORMS.] Reports required by 31.12 subdivisions 2 to 8 must be submitted not later than 30 days 31.13 after the occurrence of the reportable event or transaction. 31.14 The board may provide forms for the submission of reports 31.15 required by this section, may require that reports be submitted 31.16 on the forms provided, and may adopt rules necessary to assure 31.17 prompt and accurate reporting. 31.18 Subd. 10. [SUBPOENAS.] The board may issue subpoenas for 31.19 the production of any reports required by subdivisions 2 to 8 or 31.20 any related documents. 31.21 Sec. 40. [148B.284] [IMMUNITY.] 31.22 Subdivision 1. [REPORTING.] Any person, health care 31.23 facility, business, or organization is immune from civil 31.24 liability or criminal prosecution for submitting in good faith a 31.25 report under section 148B.283 or for otherwise reporting, 31.26 providing information, or testifying about violations or alleged 31.27 violations of this chapter. The reports are classified under 31.28 section 13.41. 31.29 Subd. 2. [INVESTIGATION.] Board members and employees; 31.30 persons engaged on behalf of the board in the investigation of 31.31 violations and in the preparation, presentation, and management 31.32 of and testimony pertaining to charges of violations; and 31.33 persons engaged in monitoring compliance with statutes, rules, 31.34 board orders, or corrective action agreements are immune from 31.35 civil liability and criminal prosecution for any actions, 31.36 transactions, or publications in the execution of, or relating 32.1 to, their duties under this chapter. 32.2 Sec. 41. [148B.285] [DISCLOSURE.] 32.3 Subdivision 1. [CONTESTED CASE PROCEEDINGS.] (a) Upon 32.4 application of a party in a board hearing or a contested case 32.5 hearing before the board, the board shall produce and permit the 32.6 inspection and copying, by or on behalf of the moving party, of 32.7 any designated documents or papers relevant to the proceedings, 32.8 in accordance with rule 34, Minnesota rules of civil procedure. 32.9 (b) The board hearing or contested case hearing shall be 32.10 open to the public, except that the board or administrative law 32.11 judge shall close the hearing for testimony by clients, and 32.12 testimony and argument about clients. 32.13 (c) Notwithstanding section 13.41, information which may 32.14 identify a client, client records, and licensee health records 32.15 are private data during the contested case hearing, as part of 32.16 the hearing record, and as part of any appellate or other court 32.17 record. 32.18 (d) Clients may waive the protections afforded by this 32.19 subdivision. 32.20 Subd. 2. [INFORMATION ON DISCIPLINARY ACTIONS.] If the 32.21 board imposes disciplinary measures or takes disciplinary action 32.22 of any kind, the name and business address of the licensee, the 32.23 nature of the misconduct, and the action taken by the board, 32.24 including all settlement agreements and other board orders, are 32.25 public data. 32.26 Subd. 3. [EXCHANGE OF INFORMATION.] The board shall 32.27 exchange information with other boards, agencies, or departments 32.28 within the state, as required under section 214.10, subdivision 32.29 8, paragraph (d). 32.30 Subd. 4. [INFORMATION TO THE COMPLAINANT.] The board shall 32.31 furnish to a person who made a complaint a statement of the 32.32 result of an investigation of the complaint and a description of 32.33 the activities and actions of the board relating to the 32.34 complaint. 32.35 Subd. 5. [CLASSIFICATION OF CERTAIN RESIDENCE ADDRESSES 32.36 AND TELEPHONE NUMBERS.] Notwithstanding section 13.41, 33.1 subdivision 2 or 4, the residence address and telephone number 33.2 of an applicant or licensee are private data on individuals as 33.3 defined in section 13.02, subdivision 12, if the applicant or 33.4 licensee so requests and provides an alternative address and 33.5 telephone number. 33.6 Subd. 6. [PUBLICATION OF DISCIPLINARY ACTIONS.] At least 33.7 annually, each board shall publish and release to the public a 33.8 description of all disciplinary measures or actions taken by the 33.9 board. The publication must include, for each disciplinary 33.10 measure or action taken, the name and business address of the 33.11 licensee, the nature of the misconduct, and the measure or 33.12 action taken by the board. 33.13 Sec. 42. [148B.286] [PROFESSIONAL ACCOUNTABILITY.] 33.14 Subdivision 1. [INVESTIGATION.] The board shall maintain 33.15 and keep current a file containing the reports and complaints 33.16 filed against applicants or licensees within the board's 33.17 jurisdiction. Each complaint filed with the board pursuant to 33.18 chapter 214 must be investigated according to chapter 214. If 33.19 the files maintained by the board show that a malpractice 33.20 settlement or award to the plaintiff has been made against an 33.21 applicant or a licensee as reported by insurers under section 33.22 148B.283, the executive director of the board shall notify the 33.23 board and the board may authorize a review of the provider's 33.24 practice. 33.25 Subd. 2. [ATTORNEY GENERAL INVESTIGATES.] When the board 33.26 initiates a review of an applicant's or a licensee's practice it 33.27 shall notify the attorney general who shall investigate the 33.28 matter in the same manner as provided in chapter 214. If an 33.29 investigation is to be made, the attorney general shall notify 33.30 the applicant or licensee, and, if the incident being 33.31 investigated occurred there, the administrator and chief of 33.32 staff at the health care facilities or clinics in which the 33.33 professional serves, if applicable. 33.34 Subd. 3. [ACCESS TO RECORDS.] The board shall be allowed 33.35 access to any records of a client provided services by the 33.36 applicant or licensee under review. If the client has not 34.1 signed a consent permitting access, the applicant, licensee, or 34.2 custodian of the records shall first delete the client's name or 34.3 other client identifiers before providing the records to the 34.4 board. 34.5 Sec. 43. [148B.287] [MALPRACTICE HISTORY.] 34.6 Subdivision 1. [SUBMISSION.] Licensees or applicants for 34.7 licensure who have previously practiced in another state shall 34.8 submit with their application the following information: 34.9 (1) number, date, and disposition of any malpractice 34.10 settlement or award made relating to the quality of services 34.11 provided by the licensee or applicant; and 34.12 (2) number, date, and disposition of any civil litigations 34.13 or arbitrations relating to the quality of services provided by 34.14 the licensee or applicant in which the party complaining against 34.15 the licensee or applicant prevailed or otherwise received a 34.16 favorable decision or order. 34.17 Subd. 2. [BOARD ACTION.] The board shall give due 34.18 consideration to the information submitted under this section. 34.19 A licensee or applicant for licensure who willfully submits 34.20 incorrect information is subject to disciplinary action under 34.21 this chapter. 34.22 Sec. 44. [148B.288] [EVIDENCE OF PAST SEXUAL CONDUCT.] 34.23 In a proceeding for the suspension or revocation of the 34.24 right to practice or other disciplinary or adverse action 34.25 involving sexual contact with a client or former client, the 34.26 board or administrative law judge shall not consider evidence of 34.27 the client's previous sexual conduct nor shall any reference to 34.28 this conduct be made during the proceedings or in the findings, 34.29 except by motion of the complainant, unless the evidence would 34.30 be admissible under the applicable provisions of section 34.31 609.347, subdivision 3. 34.32 Sec. 45. [148B.289] [TAX CLEARANCE CERTIFICATE.] 34.33 Subdivision 1. [CERTIFICATE REQUIRED.] The board may not 34.34 issue or renew a license if the commissioner of revenue notifies 34.35 the board and the licensee or applicant for a license that the 34.36 licensee or applicant owes the state delinquent taxes in the 35.1 amount of $500 or more. The board may issue or renew a license 35.2 or filing only if the commissioner of revenue issues a tax 35.3 clearance certificate and the commissioner of revenue or the 35.4 licensee or applicant forwards a copy of the clearance to the 35.5 board. The commissioner of revenue may issue a clearance 35.6 certificate only if the licensee or applicant does not owe the 35.7 state any uncontested delinquent taxes. For purposes of this 35.8 section, "taxes" means all taxes payable to the commissioner of 35.9 revenue, including penalties and interest due on those taxes. 35.10 "Delinquent taxes" do not include a tax liability if (1) an 35.11 administrative or court action that contests the amount or 35.12 validity of the liability has been filed or served, (2) the 35.13 appeal period to contest the tax liability has not expired, or 35.14 (3) the licensee or applicant has entered into a payment 35.15 agreement to pay the liability and is current with the payments. 35.16 Subd. 2. [HEARING.] In lieu of the notice and hearing 35.17 requirements of section 148B.281, when a licensee or applicant 35.18 is required to obtain a clearance certificate under this 35.19 subdivision, a contested case hearing must be held if the 35.20 licensee or applicant requests a hearing in writing to the 35.21 commissioner of revenue within 30 days of the date of the notice 35.22 required in subdivision 1. The hearing must be held within 45 35.23 days of the date the commissioner of revenue refers the case to 35.24 the office of administrative hearings. Notwithstanding any 35.25 other law, the licensee or applicant must be served with 20 35.26 days' notice in writing specifying the time and place of the 35.27 hearing and the allegations against the licensee or applicant. 35.28 The notice may be served personally or by mail. 35.29 Subd. 3. [INFORMATION REQUIRED.] The board shall require 35.30 all licensees or applicants to provide their social security 35.31 number and Minnesota business identification number on all 35.32 license applications. Upon request of the commissioner of 35.33 revenue, the board must provide to the commissioner of revenue a 35.34 list of all licensees and applicants, including the name and 35.35 address, social security number, and business identification 35.36 number. The commissioner of revenue may request a list of the 36.1 licensees and applicants no more than once each calendar year. 36.2 Sec. 46. [EXEMPTION CLARIFICATION.] 36.3 The board of social work may grant a license pursuant to 36.4 Minnesota Statutes 1996, section 148B.23, subdivision 1, to a 36.5 person who applied for licensure under that section by June 30, 36.6 1996, and submitted verification of having practiced social work 36.7 in a hospital or nursing home operated by the United States 36.8 Department of Veterans Affairs or by a federally recognized 36.9 tribe. 36.10 Sec. 47. [REVISOR'S INSTRUCTION.] 36.11 The revisor shall change "148B.28" to "148B.289" in 36.12 Minnesota Statutes, sections 144A.46; 148B.18; 148B.19; 148B.22; 36.13 148B.27; and 148B.60. 36.14 Sec. 48. [REPEALER.] 36.15 Minnesota Statutes 1996, sections 148B.01, subdivision 3; 36.16 148B.18, subdivisions 6 and 7; 148B.19, subdivision 3; and 36.17 148B.23, are repealed. 36.18 Sec. 49. [EFFECTIVE DATE.] 36.19 Sections 28 and 46 are effective on the day following final 36.20 enactment.