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Capital IconMinnesota Legislature

SF 2939

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/16/2020 07:45am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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70.15

A bill for an act
relating to health occupations; removing an unnecessary criminal background fee
for certain health boards; modifying occupational therapy provisions; modifying
provisions for social work practice; modifying licensing requirements for dentists;
permitting payment of certain retirement annuities during employment for peacetime
emergency; amending Minnesota Statutes 2018, sections 147.038, subdivision 1;
147.039; 147.091, subdivision 8; 148.6402, subdivisions 5, 21; 148.6403,
subdivisions 1, 5, 6; 148.6404; 148.6405; 148.6412, subdivision 2; 148.6415;
148.6418, subdivisions 4, 5; 148.6420, subdivisions 4, 5; 148.6423; 148.6425,
subdivision 2; 148.6428; 148.6430; 148.6432, subdivision 3; 148.6435; 148.6443,
as amended; 148.6445, subdivision 11; 148.6448, subdivision 2; 148.6449,
subdivision 2; 148E.010, subdivisions 9, 11, 16, 17, 18, 19, by adding subdivisions;
148E.015; 148E.025, subdivision 2; 148E.055, subdivisions 1, 2, 3, 4, 5, 6, 9, 10,
11, by adding subdivisions; 148E.060, subdivisions 1, 2, 2a; 148E.070, subdivisions
2, 3, 5; 148E.080; 148E.085; 148E.095, subdivision 1; 148E.130, subdivision 1,
by adding subdivisions; 148E.145; 150A.06, subdivision 6; Minnesota Statutes
2019 Supplement, sections 147.01, subdivision 7; 147A.28; 147B.08, subdivision
4; 147C.40, subdivision 5; 147D.27, subdivision 5; 147F.17, subdivision 1;
148.6420, subdivision 1; 148.6448, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 148E; repealing Minnesota Statutes 2018, sections
148.6402, subdivisions 10, 15; 148.6412, subdivision 1; 148E.045; 148E.055,
subdivisions 7, 8; 148E.060, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, 13; 148E.075,
subdivisions 1, 1a, 1b, 2, 3, 8; 148E.095, subdivision 2; 148E.130, subdivisions
2, 3, 4, 5, 6, 7; 148E.135; 148E.140; 148E.150; 148E.155; 148E.160; 148E.165;
148E.170; Minnesota Rules, part 4664.0003, subpart 28.

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

ARTICLE 1

BOARD OF MEDICAL PRACTICE

Section 1.

Minnesota Statutes 2019 Supplement, section 147.01, subdivision 7, is amended
to read:


Subd. 7.

Physician application and license fees.

(a) The board may charge the following
nonrefundable application and license fees processed pursuant to sections 147.02, 147.03,
147.037, 147.0375, and 147.38:

(1) physician application fee, $200;

(2) physician annual registration renewal fee, $192;

(3) physician endorsement to other states, $40;

(4) physician emeritus license, $50;

(5) physician temporary license, $60;

(6) physician late fee, $60;

(7) duplicate license fee, $20;

(8) certification letter fee, $25;

(9) education or training program approval fee, $100;

(10) report creation and generation fee, $60 per hour;

(11) examination administration fee (half day), $50;

(12) examination administration fee (full day), $80;

(13) fees developed by the Interstate Commission for determining physician qualification
to register and participate in the interstate medical licensure compact, as established in rules
authorized in and pursuant to section 147.38, not to exceed $1,000;new text begin and
new text end

(14) verification fee, $25deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (15) criminal background check fee, $32.
deleted text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fee must be deposited
in an account in the state government special revenue fund.

Sec. 2.

Minnesota Statutes 2018, section 147.038, subdivision 1, is amended to read:


Subdivision 1.

Board approval; reporting.

A person holding deleted text beginan activedeleted text endnew text begin anew text end license to
practice medicine in the state may, upon approval of the board, be granted license cancellation
if the board is not investigating the person as a result of a complaint or information received
or if the board has not begun disciplinary proceedings against the person. Such action by
the board deleted text beginshalldeleted text endnew text begin mustnew text end be reported as a cancellation of a license in good standing.

Sec. 3.

Minnesota Statutes 2018, section 147.039, is amended to read:


147.039 CANCELLATION OF LICENSE FOR NONRENEWAL.

The Board of Medical Practice shall not renew, reissue, reinstate, or restore a license
that has lapsed deleted text beginon or after January 1, 1989,deleted text endnew text begin and is not subject to a pending review,
investigation, or disciplinary action,
new text end and has not been renewed within two annual license
renewal cycles deleted text beginstarting July 1, 1991deleted text end. A licensee whose license is canceled for nonrenewal
must obtain a new license by applying for licensure and fulfilling all requirements then in
existence for an initial license to practice medicine in Minnesota.

Sec. 4.

Minnesota Statutes 2018, section 147.091, subdivision 8, is amended to read:


Subd. 8.

Limitation.

deleted text beginNodeleted text endnew text begin Anew text end board deleted text beginproceeding againstdeleted text endnew text begin review or investigation ofnew text end a regulated
person deleted text beginshalldeleted text endnew text begin must notnew text end be deleted text begininstituteddeleted text endnew text begin initiatednew text end unless deleted text begincommenceddeleted text endnew text begin the board has received a
complaint or report
new text end within seven years from the date of the commission of some portion of
the deleted text beginoffense or misconductdeleted text endnew text begin conductnew text end complained of new text beginor reported on new text endexcept for alleged violations
of subdivision 1, paragraph (t).

Sec. 5.

Minnesota Statutes 2019 Supplement, section 147A.28, is amended to read:


147A.28 PHYSICIAN ASSISTANT APPLICATION AND LICENSE FEES.

(a) The board may charge the following nonrefundable fees:

(1) physician assistant application fee, $120;

(2) physician assistant annual registration renewal fee (prescribing authority), $135;

(3) physician assistant annual registration renewal fee (no prescribing authority), $115;

(4) physician assistant temporary registration, $115;

(5) physician assistant temporary permit, $60;

(6) physician assistant locum tenens permit, $25;

(7) physician assistant late fee, $50;

(8) duplicate license fee, $20;

(9) certification letter fee, $25;

(10) education or training program approval fee, $100;

(11) report creation and generation fee, $60 per hour;new text begin and
new text end

(12) verification fee, $25deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (13) criminal background check fee, $32.
deleted text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.

Sec. 6.

Minnesota Statutes 2019 Supplement, section 147B.08, subdivision 4, is amended
to read:


Subd. 4.

Acupuncturist application and license fees.

(a) The board may charge the
following nonrefundable fees:

(1) acupuncturist application fee, $150;

(2) acupuncturist annual registration renewal fee, $150;

(3) acupuncturist temporary registration fee, $60;

(4) acupuncturist inactive status fee, $50;

(5) acupuncturist late fee, $50;

(6) duplicate license fee, $20;

(7) certification letter fee, $25;

(8) education or training program approval fee, $100;

(9) report creation and generation fee, $60 per hour;new text begin and
new text end

(10) verification fee, $25deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (11) criminal background check fee, $32.
deleted text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.

Sec. 7.

Minnesota Statutes 2019 Supplement, section 147C.40, subdivision 5, is amended
to read:


Subd. 5.

Respiratory therapist application and license fees.

(a) The board may charge
the following nonrefundable fees:

(1) respiratory therapist application fee, $100;

(2) respiratory therapist annual registration renewal fee, $90;

(3) respiratory therapist inactive status fee, $50;

(4) respiratory therapist temporary registration fee, $90;

(5) respiratory therapist temporary permit, $60;

(6) respiratory therapist late fee, $50;

(7) duplicate license fee, $20;

(8) certification letter fee, $25;

(9) education or training program approval fee, $100;

(10) report creation and generation fee, $60 per hour;new text begin and
new text end

(11) verification fee, $25deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (12) criminal background check fee, $32.
deleted text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.

Sec. 8.

Minnesota Statutes 2019 Supplement, section 147D.27, subdivision 5, is amended
to read:


Subd. 5.

Additional fees.

The board may also charge the following nonrefundable fees:

(1) verification fee, $25;

(2) certification letter fee, $25;

(3) education or training program approval fee, $100;

(4) report creation and generation fee, $60 per hour;new text begin and
new text end

(5) duplicate license fee, $20deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (6) criminal background check fee, $32.
deleted text end

Sec. 9.

Minnesota Statutes 2019 Supplement, section 147F.17, subdivision 1, is amended
to read:


Subdivision 1.

Fees.

(a) Fees are as follows:

(1) license application fee, $200;

(2) initial licensure and annual renewal, $150;

(3) late fee, $75;

(4) genetic counselor certification fee, $25;

(5) temporary license fee, $60;

(6) duplicate license fee, $20;

(7) certification letter fee, $25;

(8) education or training program approval fee, $100;new text begin and
new text end

(9) report creation and generation fee, $60 per hour billed in quarter-hour increments
with a quarter-hour minimumdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (10) criminal background check fee, $32.
deleted text end

(b) The revenue generated from the fees must be deposited in an account in the state
government special revenue fund.

ARTICLE 2

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Section 1.

Minnesota Statutes 2018, section 148.6402, subdivision 5, is amended to read:


Subd. 5.

Contact hour.

"Contact hour" means an instructional session of 60 deleted text beginconsecutivedeleted text end
minutes, excluding coffee breaks, registration, meals without a speaker, and social activities.

Sec. 2.

Minnesota Statutes 2018, section 148.6402, subdivision 21, is amended to read:


Subd. 21.

Licensure by equivalency.

"Licensure by equivalency" means a method of
licensure described in section 148.6412 by which an individual who possesses a new text begincurrent
new text end credential from the National Board for Certification in Occupational Therapy may qualify
for licensure.

Sec. 3.

Minnesota Statutes 2018, section 148.6403, subdivision 1, is amended to read:


Subdivision 1.

Unlicensed practice prohibited.

deleted text beginNodeleted text endnew text begin Anew text end person deleted text beginshalldeleted text endnew text begin must notnew text end engage in
the practice of occupational therapy unless the person is licensed as an deleted text beginoccupational therapist
or an
deleted text end occupational deleted text begintherapist assistantdeleted text endnew text begin therapy practitionernew text end in accordance with sections
148.6401 to 148.6449.

Sec. 4.

Minnesota Statutes 2018, section 148.6403, subdivision 5, is amended to read:


Subd. 5.

Exempt persons.

This section does not apply to:

(1) a person employed as an deleted text beginoccupational therapist ordeleted text end occupational therapy deleted text beginassistantdeleted text endnew text begin
practitioner
new text end by the government of the United States or any agency of it. However, use of
the protected titles under those circumstances is allowed only in connection with performance
of official duties for the federal government;

(2) a student participating in supervised fieldwork or supervised coursework that is
necessary to meet the requirements of section 148.6408, subdivision 1, or 148.6410,
subdivision 1
, if the person is designated by a title which clearly indicates the person's status
as a student trainee. Any use of the protected titles under these circumstances is allowed
only while the person is performing the duties of the supervised fieldwork or supervised
coursework; or

(3) a person visiting and then leaving the state and performing occupational therapy
services while in the state, if the services are performed no more than 30 days in a calendar
year as part of a professional activity that is limited in scope and duration and is in association
with an occupational therapist licensed under sections 148.6401 to 148.6449, and

(i) the person is credentialed under the law of another state which has credentialing
requirements at least as stringent as the requirements of sections 148.6401 to 148.6449; or

(ii) the person meets the requirements for certification as an occupational therapist
registered (OTR) or a certified occupational therapy assistant (COTA), established by the
National Board for Certification in Occupational Therapy.

Sec. 5.

Minnesota Statutes 2018, section 148.6403, subdivision 6, is amended to read:


Subd. 6.

Sanctions.

A person who practices occupational therapy or holds out as an
deleted text begin occupational therapist ordeleted text end occupational therapy deleted text beginassistantdeleted text endnew text begin practitionernew text end by or through the use
of any title described in subdivision 2 without prior licensure according to sections 148.6401
to 148.6449 is subject to sanctions or action against continuing the activity according to
section 148.6448, chapter 214, or other statutory authority.

Sec. 6.

Minnesota Statutes 2018, section 148.6404, is amended to read:


148.6404 SCOPE OF PRACTICE.

new text begin (a) new text endThe practice of occupational therapy deleted text beginby an occupational therapist or occupational
therapy assistant includes, but is not limited to, intervention directed toward
deleted text endnew text begin means the
therapeutic use of everyday activities with individuals or groups for the purpose of enhancing
or enabling participation. It is the promotion of health and well-being through the use of
occupational therapy services that includes screening, evaluation, intervention, and
consultation to develop, recover, and maintain a client's
new text end:

deleted text begin (1) assessment and evaluation, including the use of skilled observation or the
administration and interpretation of standardized or nonstandardized tests and measurements,
to identify areas for occupational therapy services;
deleted text end

deleted text begin (2) providing for the development ofdeleted text endnew text begin (1)new text end sensory integrative, neuromuscular, deleted text beginordeleted text end motornew text begin,
emotional, motivational, cognitive, or psychosocial
new text end components of performance;

deleted text begin (3) providing for the development of emotional, motivational, cognitive, or psychosocial
components of performance;
deleted text end

deleted text begin (4) developingdeleted text endnew text begin (2)new text end daily living skills;

deleted text begin (5) developingdeleted text endnew text begin (3)new text end feeding and swallowing skills;

deleted text begin (6) developingdeleted text endnew text begin (4)new text end play deleted text beginskillsdeleted text end and leisure deleted text begincapacitiesdeleted text endnew text begin skillsnew text end;

deleted text begin (7) enhancingdeleted text endnew text begin (5)new text end educational deleted text beginperformancedeleted text endnew text begin participationnew text end skills;

deleted text begin (8) enhancingdeleted text endnew text begin (6)new text end functional performance and work deleted text beginreadiness through exercise, range
of motion, and use of ergonomic principles
deleted text endnew text begin participation skillsnew text end;

new text begin (7) community mobility; and
new text end

new text begin (8) health and wellness.
new text end

new text begin Occupational therapy services include but are not limited to:
new text end

deleted text begin (9)deleted text endnew text begin (1)new text end designing, fabricating, or applying rehabilitative technology, such as selected
orthotic and prosthetic devices, and providing training in the functional use of these devices;

deleted text begin (10)deleted text endnew text begin (2)new text end designing, fabricating, or adapting assistive technology and providing training
in the functional use of assistive devices;

deleted text begin (11)deleted text endnew text begin (3)new text end adapting environments using assistive technology such as environmental controls,
wheelchair modifications, and positioning;new text begin and
new text end

deleted text begin (12)deleted text endnew text begin (4)new text end employing physical agent modalitiesdeleted text begin,deleted text end in preparation for or as an adjunct to
purposeful activitydeleted text begin, within the same treatment session ordeleted text end to meet established functional
occupational therapy goalsdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (13) promoting health and wellness.
deleted text end

new text begin (b) Occupational therapy services must be based on nationally established standards of
practice.
new text end

Sec. 7.

Minnesota Statutes 2018, section 148.6405, is amended to read:


148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES AND
QUALIFICATIONS.

(a) An applicant for licensure must comply with the application requirements in section
148.6420. To qualify for licensure, an applicant must satisfy one of the requirements in
paragraphs (b) to (f) and not be subject to denial of licensure under section 148.6448.

(b) A person who applies for licensure as an occupational therapist and who has not
been credentialed by the National Board for Certification in Occupational Therapy or another
jurisdiction must meet the requirements in section 148.6408.

(c) A person who applies for licensure as an occupational therapy assistant and who has
not been credentialed by the National Board for Certification in Occupational Therapy or
another jurisdiction must meet the requirements in section 148.6410.

(d) A person who is certified by the National Board for Certification in Occupational
Therapy may apply for licensure by equivalency and must meet the requirements in section
148.6412.

(e) A person who is credentialed in another jurisdiction new text beginand who was previously certified
by the National Board for Certification in Occupational Therapy
new text endmay apply for licensure
by reciprocity and must meet the requirements in section 148.6415.

(f) A person who applies for temporary licensure must meet the requirements in section
148.6418.

(g) A person who applies for licensure under paragraph (b), (c), or (f) more than two
and less than four years after meeting the new text beginexamination new text endrequirements in section 148.6408new text begin,
subdivision 2,
new text end
or 148.6410new text begin, subdivision 2,new text end must submit the following:

(1) a completed and signed application for licensure on forms provided by the board;

(2) the license application fee required under section 148.6445;

(3) if applying for occupational therapist licensure, proof of having met a minimum of
24 contact hours of continuing education in the two years preceding licensure application,
or if applying for occupational therapy assistant licensure, proof of having met a minimum
of 18 contact hours of continuing education in the two years preceding licensure application;

(4) verified documentation of successful completion of 160 hours of supervised practice
approved by the board under a limited license specified in section 148.6425, subdivision 3,
paragraph (c); and

(5) additional information as requested by the board to clarify information in the
application, including information to determine whether the individual has engaged in
conduct warranting disciplinary action under section 148.6448. The information must be
submitted within 30 new text begincalendar new text enddays deleted text beginafterdeleted text endnew text begin from the date ofnew text end the board's request.

(h) A person who deleted text beginapplieddeleted text endnew text begin appliesnew text end for licensure under paragraph (b), (c), or (f) four years
or more after meeting the new text beginexamination new text endrequirements in section 148.6408new text begin, subdivision 2,new text end or
148.6410new text begin, subdivision 2,new text end mustnew text begin:
new text end

new text begin (1)new text end meet all the requirements in paragraph (g) except clauses (3) and (4)deleted text begin,deleted text endnew text begin;
new text end

new text begin (2)new text end submit documentation of having retaken and deleted text beginpasseddeleted text endnew text begin achieved a qualifying score onnew text end
the credentialing examination for occupational deleted text begintherapistdeleted text endnew text begin therapistsnew text end or occupational therapy
deleted text begin assistantdeleted text endnew text begin assistantsnew text end, or of having completed an occupational therapy refresher program that
contains both a theoretical and clinical component approved by the boarddeleted text begin,deleted text endnew text begin;new text end and

new text begin (3) submit new text endverified documentation of successful completion of 480 hours of supervised
practice approved by the board under a limited license specified in section 148.6425,
subdivision 3
, paragraph (c). The 480 hours of supervised practice must be completed in
six months and may be completed at the applicant's place of work. Only refresher courses
completed within one year prior to the date of application qualify for approval.

Sec. 8.

Minnesota Statutes 2018, section 148.6412, subdivision 2, is amended to read:


Subd. 2.

Persons certified by National Board for Certification in Occupational
Therapy deleted text beginafter June 17, 1996deleted text end.

The board may license any person certified by the National
Board for Certification in Occupational Therapy as an occupational therapist deleted text beginafter June 17,
1996,
deleted text end if the board determines the requirements for certification are equivalent to or exceed
the requirements for licensure as an occupational therapist under section 148.6408. The
board may license any person certified by the National Board for Certification in
Occupational Therapy as an occupational therapy assistant deleted text beginafter June 17, 1996,deleted text end if the board
determines the requirements for certification are equivalent to or exceed the requirements
for licensure as an occupational therapy assistant under section 148.6410. Nothing in this
section limits the board's authority to deny licensure based upon the grounds for discipline
in sections 148.6401 to 148.6449.

Sec. 9.

Minnesota Statutes 2018, section 148.6415, is amended to read:


148.6415 LICENSURE BY RECIPROCITY.

A person who new text beginis not certified by the National Board for Certification in Occupational
Therapy but who
new text endholds a current credential as an occupational therapist in the District of
Columbia or a state or territory of the United States whose standards for credentialing are
determined by the board to be equivalent to or exceed the requirements for licensure under
section 148.6408 may be eligible for licensure by reciprocity as an occupational therapist.
A person who new text beginis not certified by the National Board for Certification in Occupational Therapy
but who
new text endholds a current credential as an occupational therapy assistant in the District of
Columbia or a state or territory of the United States whose standards for credentialing are
determined by the board to be equivalent to or exceed the requirements for licensure under
section 148.6410 may be eligible for licensure by reciprocity as an occupational therapy
assistant. Nothing in this section limits the board's authority to deny licensure based upon
the grounds for discipline in sections 148.6401 to 148.6449. An applicant must provide:

(1) the application materials as required by section 148.6420, subdivisions 1, 3, and 4;

(2) the fees required by section 148.6445;

(3) a copy of a current and unrestricted credential for the practice of occupational therapy
as either an occupational therapist or occupational therapy assistant;

(4) a letter from the jurisdiction that issued the credential describing the applicant's
qualifications that entitled the applicant to receive the credential; and

(5) other information necessary to determine whether the credentialing standards of the
jurisdiction that issued the credential are equivalent to or exceed the requirements for
licensure under sections 148.6401 to 148.6449.

Sec. 10.

Minnesota Statutes 2018, section 148.6418, subdivision 4, is amended to read:


Subd. 4.

Supervision required.

An applicant who has graduated from an accredited
occupational therapy program, as required by section 148.6408, subdivision 1, or 148.6410,
subdivision 1
, and who has not passed the examination required by section 148.6408,
subdivision 2
, or 148.6410, subdivision 2, must practice under the supervision of a licensed
occupational therapist. The supervising therapist must, at a minimum, supervise the person
working under temporary licensure in the performance of the initial evaluation, determination
of the appropriate deleted text begintreatmentdeleted text endnew text begin interventionnew text end plan, and periodic review and modification of the
deleted text begin treatmentdeleted text endnew text begin interventionnew text end plan. The supervising therapist must observe the person working
under temporary licensure in order to deleted text beginassuredeleted text endnew text begin ensurenew text end service competency in carrying out
evaluation, deleted text begintreatmentdeleted text endnew text begin interventionnew text end planning, and deleted text begintreatmentdeleted text endnew text begin interventionnew text end implementation.
The frequency of face-to-face collaboration between the person working under temporary
licensure and the supervising therapist must be based on the condition of each patient or
client, the complexity of deleted text begintreatmentdeleted text endnew text begin interventionnew text end and evaluation procedures, and the
proficiencies of the person practicing under temporary licensure. new text beginFollowing demonstrated
service competency of the applicant, supervision must occur no less than every ten
intervention days or every 30 calendar days, whichever occurs first.
new text endThe occupational
therapist or occupational therapy assistant working under temporary licensure must provide
verification of supervision on the application form provided by the board.

Sec. 11.

Minnesota Statutes 2018, section 148.6418, subdivision 5, is amended to read:


Subd. 5.

Expiration of temporary licensure.

new text begin (a) A person issued a temporary license
pursuant to subdivision 2, clause (1), must demonstrate to the board within the temporary
licensure period successful completion of the qualifying examination requirement under
section 148.6408, subdivision 2, or section 148.6410, subdivision 2. A temporary license
holder who fails the qualifying examination for a second time shall have their temporary
license revoked effective upon notification to the temporary license holder of the examination
score. It is the temporary license holder's obligation to submit to the board their qualifying
examination scores and to refrain from practice if their temporary license is revoked. Failure
to do so subjects the temporary license holder to disciplinary action pursuant to section
148.6448, subdivision 1, clause (5).
new text end

new text begin (b) new text endA temporary license deleted text beginissued to a person pursuant to subdivision 2, clause (1),deleted text end expires
six months from the date of issuance deleted text beginfor occupational therapists and occupational therapy
assistants
deleted text end or on the date the board grants or denies licensure, whichever occurs first. deleted text beginA
temporary license issued to a person pursuant to subdivision 2, clause (2) or (3), expires 90
days after it is issued. Upon application for renewal, a temporary license shall be renewed
once to persons who have not met the examination requirement under section 148.6408,
subdivision 2
, or 148.6410, subdivision 2, within the initial temporary licensure period and
who are not the subject of a disciplinary action nor disqualified on the basis of items in
section 148.6448, subdivision 1. Upon application for renewal, a temporary license shall
be renewed once to persons who are able to demonstrate good cause for failure to meet the
requirements for licensure under section 148.6412 or 148.6415 within the initial temporary
licensure period and who are not the subject of a disciplinary action nor disqualified on the
basis of items in section 148.6448, subdivision 1.
deleted text end

new text begin (c) A temporary license is not renewable.
new text end

Sec. 12.

Minnesota Statutes 2019 Supplement, section 148.6420, subdivision 1, is amended
to read:


Subdivision 1.

Applications for licensure.

An applicant for licensure must:

(1) submit a completed application for licensure on forms provided by the board and
must supply the information requested on the application, including:

(i) the applicant's name, business address and business telephone number, business
setting, new text beginprimary e-mail address, new text endand daytime telephone number;

(ii) the name and location of the occupational therapy program the applicant completed;

(iii) a description of the applicant's education and training, including a list of degrees
received from educational institutions;

(iv) the applicant's work history for the six years preceding the applicationdeleted text begin, including
the number of hours worked
deleted text end;

(v) a list of all credentials currently and previously held in Minnesota and other
jurisdictions;

(vi) a description of any jurisdiction's refusal to credential the applicant;

(vii) a description of all professional disciplinary actions initiated against the applicant
in any jurisdiction;

(viii) information on any physical or mental condition or chemical dependency that
impairs the person's ability to engage in the practice of occupational therapy with reasonable
judgment or safety;

(ix) a description of any misdemeanor or felony conviction that relates to honesty or to
the practice of occupational therapy; and

(x) a description of any state or federal court order, including a conciliation court
judgment or a disciplinary order, related to the individual's occupational therapy practice;

(2) submit with the application all fees required by section 148.6445;

(3) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief;

(4) sign a waiver authorizing the board to obtain access to the applicant's records in this
or any other state in which the applicant holds or previously held a credential for the practice
of an occupation, has completed an accredited occupational therapy education program, or
engaged in the practice of occupational therapy;

(5) submit additional information as requested by the board; and

(6) submit the additional information required for licensure by equivalency, licensure
by reciprocity, and temporary licensure as specified in sections 148.6408 to 148.6418.

Sec. 13.

Minnesota Statutes 2018, section 148.6420, subdivision 4, is amended to read:


Subd. 4.

Applicants credentialed in another jurisdiction.

In addition to providing the
materials required in subdivision 1, an applicant credentialed in another jurisdiction must
request that the appropriate government body in each jurisdiction in which the applicant
holds or held an occupational therapy credential deleted text beginsend a letter to the commissionerdeleted text endnew text begin provide
documentation to the board
new text end that verifies the applicant's credentials. Except as provided in
section 148.6418, a license deleted text beginshalldeleted text endnew text begin mustnew text end not be issued until the deleted text begincommissionerdeleted text endnew text begin boardnew text end receives
deleted text begin letters verifyingdeleted text endnew text begin verification ofnew text end each of the applicant's credentials. Each deleted text beginletterdeleted text endnew text begin verificationnew text end
must include the applicant's name and date of birth, credential number and date of issuance,
a statement regarding investigations pending and disciplinary actions taken or pending
against the applicant, current status of the credential, and the terms under which the credential
was issued.

Sec. 14.

Minnesota Statutes 2018, section 148.6420, subdivision 5, is amended to read:


Subd. 5.

Action on applications for licensure.

(a) The board shall approve, approve
with conditions, or deny licensure. The board shall act on an application for licensure
according to paragraphs (b) to (d).

(b) The board shall determine if the applicant meets the requirements for licensure. The
boarddeleted text begin, or the advisory council at the board's request,deleted text end may investigate information provided
by an applicant to determine whether the information is accurate and complete.

(c) The board shall notify an applicant of action taken on the application and, if licensure
is denied or approved with conditions, the grounds for the board's determination.

(d) An applicant denied licensure or granted licensure with conditions may make a
written request to the board, within 30 days of the date of the board's determination, for
reconsideration of the board's determination. Individuals requesting reconsideration may
submit information which the applicant wants considered in the reconsideration. After
reconsideration of the board's determination to deny licensure or grant licensure with
conditions, the board shall determine whether the original determination should be affirmed
or modified. An applicant is allowed no more than one request in any one biennial licensure
period for reconsideration of the board's determination to deny licensure or approve licensure
with conditions.

Sec. 15.

Minnesota Statutes 2018, section 148.6423, is amended to read:


148.6423 LICENSURE RENEWAL.

Subdivision 1.

Renewal requirements.

To be eligible for licensure renewal, a licensee
must:

(1) submit a completed and signed application for licensure renewal deleted text beginon forms provided
by the board
deleted text end;

(2) submit the renewal fee required under section 148.6445;

(3) submit proof of having met the continuing education requirement of section 148.6443
deleted text begin on forms provided by the boarddeleted text end; and

(4) submit additional information as requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 new text begincalendar
new text end days deleted text beginafterdeleted text endnew text begin ofnew text end the board's request.

Subd. 2.

Renewal deadline.

(a) Except as provided in paragraph (c), licenses must be
renewed every two years. Licensees must comply with the following procedures in paragraphs
(b) to (e).

(b) Each license must state an expiration date. An application for licensure renewal must
be received by the board deleted text beginor postmarkeddeleted text end at least 30 calendar days before the expiration date.
deleted text begin If the postmark is illegible, the application shall be considered timely if received at least 21
calendar days before the expiration date.
deleted text end

(c) If the board changes the renewal schedule and the expiration date is less than two
years, the fee and the continuing education contact hours to be reported at the next renewal
must be prorated.

(d) An application for licensure renewal not received within the time required under
paragraph (b), but received on or before the expiration date, must be accompanied by a late
fee in addition to the renewal fee specified by section 148.6445.

(e) Licensure renewals received after the expiration date deleted text beginshall not be accepted and persons
seeking licensed status
deleted text end must comply with the requirements of section 148.6425.

Subd. 3.

Licensure renewal notice.

At least 60 deleted text begincalendardeleted text end days before the expiration date
in subdivision 2, the board deleted text beginshall maildeleted text endnew text begin must send or transmitnew text end a renewal notice to the deleted text beginlicensee's
last known address on file with the board
deleted text endnew text begin licenseenew text end. The notice must include deleted text beginan application
for licensure renewal and notice of fees required for renewal
deleted text endnew text begin information about accessing
the license renewal and fee schedule
new text end. The licensee's failure to receive notice does not relieve
the licensee of the obligation to meet the renewal deadline and other requirements for
licensure renewal.

new text begin Subd. 4. new text end

new text begin License renewal cycle conversion. new text end

new text begin The license renewal cycle for occupational
therapy licensees is converted to a two-year cycle where renewal is due on the last day of
the licensee's month of birth. Conversion pursuant to this section begins January 1, 2021.
This section governs license renewal procedures for licensees who were licensed before
December 31, 2020. The conversion renewal cycle is the renewal cycle following the first
license renewal after January 1, 2020. The conversion license period is the license period
for the conversion renewal cycle. The conversion license period is between 13 and 24 months
and ends on the last day of the licensee's month of birth in either 2022 or 2023, as described
in subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2020, the licensee's conversion license period
begins on January 1, 2021, and ends on the last day of the licensee's month of birth in 2023,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2022.
new text end

new text begin Subd. 6. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to a licensee who was licensed before December 31, 2020, but whose license is not
current as of December 31, 2020. When the licensee first renews the license after January
1, 2021, the conversion renewal cycle begins on the date the licensee applies for renewal
and ends on the last day of the licensee's month of birth in the next year, except that if the
last day of the licensee's month of birth is less than six months after the date the licensee
applies for renewal, then the renewal period ends on the last day of the licensee's month of
birth two years after the date of renewal.
new text end

new text begin Subd. 7. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 5 or 6, subsequent renewal cycles are biennial and begin on the first day
of the month following the licensee's birth month.
new text end

new text begin Subd. 8. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2021, and who renews that license pursuant to subdivision 5 or 6, must pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee must be charged the biennial license fee listed in section 148.6445 for
the conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is 13 to 24 months, the first biennial
license fee charged after the conversion license period must be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by:
new text end

new text begin (1) subtracting the number of months of the licensee's conversion license period from
24; and
new text end

new text begin (2) multiplying the result of clause (1) by 1/24 of the biennial fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 24 months, the first biennial license
fee charged after the conversion license period must not be adjusted.
new text end

new text begin (e) For the second and all subsequent license renewals made after the conversion license
period, the licensee's biennial license fee is as listed in section 148.6445.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin Subdivisions 4, 5, 7, and 8 expire December 31, 2023.
new text end

Sec. 16.

Minnesota Statutes 2018, section 148.6425, subdivision 2, is amended to read:


Subd. 2.

Licensure renewal after licensure expiration date.

deleted text beginAn individualdeleted text endnew text begin A licenseenew text end
whose application for licensure renewal is received after the licensure expiration date must
submit the following:

(1) a completed and signed application for licensure following lapse in licensed status
deleted text begin on forms provided by the boarddeleted text end;

(2) the renewal fee and the late fee required under section 148.6445;

(3) proof of having met the continuing education requirements in section 148.6443,
subdivision 1
; and

(4) additional information as requested by the board to clarify information in the
application, including information to determine whether the deleted text beginindividualdeleted text endnew text begin licenseenew text end has engaged
in conduct warranting disciplinary action as set forth in section 148.6448. The information
must be submitted within 30new text begin calendarnew text end days deleted text beginafterdeleted text endnew text begin from the date ofnew text end the board's request.

Sec. 17.

Minnesota Statutes 2018, section 148.6428, is amended to read:


148.6428 CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.

A licensee who changes a name, new text beginprimary e-mail address, new text endaddress, deleted text beginordeleted text end employmentnew text begin,
business address, or business telephone number
new text end must inform the boarddeleted text begin, in writing,deleted text end of the
change of name, new text beginprimary e-mail address, new text endaddress, employment, business address, or business
telephone number within 30 new text begincalendar new text enddaysnew text begin from the effective date of the changenew text end. A change
in name must be accompanied by a copy of a marriage certificate or court order. All notices
or other correspondence deleted text beginmailed to ordeleted text end served on a licensee by the board at the licensee's
deleted text begin addressdeleted text endnew text begin contact informationnew text end on file with the board deleted text beginshalldeleted text endnew text begin mustnew text end be considered as having been
received by the licensee.

Sec. 18.

Minnesota Statutes 2018, section 148.6430, is amended to read:


148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.

The occupational therapist is responsible for all duties delegated to the occupational
therapy assistant or tasks assigned to direct service personnel. The occupational therapist
may delegate to an occupational therapy assistant those portions of a client's evaluation,
reevaluation, and deleted text begintreatmentdeleted text endnew text begin interventionnew text end that, according to prevailing new text beginnational new text endpractice
standards deleted text beginof the American Occupational Therapy Associationdeleted text end, can be performed by an
occupational therapy assistant. The occupational therapist may not delegate portions of an
evaluation or reevaluation of a person whose condition is changing rapidly.

Sec. 19.

Minnesota Statutes 2018, section 148.6432, subdivision 3, is amended to read:


Subd. 3.

deleted text beginTreatmentdeleted text endnew text begin Interventionnew text end.

(a) The occupational therapist deleted text beginshalldeleted text endnew text begin mustnew text end determine
the frequency and manner of supervision of an occupational therapy assistant performing
deleted text begin treatmentdeleted text endnew text begin interventionnew text end procedures delegated pursuant to section 148.6430deleted text begin,deleted text end based on the
condition of the patient or client, the complexity of the deleted text begintreatmentdeleted text endnew text begin interventionnew text end procedure,
and the deleted text beginproficienciesdeleted text endnew text begin service competencynew text end of the occupational therapy assistant.

(b) Face-to-face collaboration between the occupational therapist and the occupational
therapy assistant deleted text beginshalldeleted text endnew text begin mustnew text end occurdeleted text begin, at a minimum, every two weeksdeleted text endnew text begin every ten intervention
days or every 30 days, whichever comes first
new text end, during which time the occupational therapist
is responsible for:

(1) planning and documenting an initial deleted text begintreatmentdeleted text endnew text begin interventionnew text end plan and discharge from
deleted text begin treatmentdeleted text endnew text begin interventionsnew text end;

(2) reviewing deleted text begintreatmentdeleted text endnew text begin interventionnew text end goals, therapy programs, and client progress;

(3) supervising changes in the deleted text begintreatmentdeleted text endnew text begin interventionnew text end plan;

(4) conducting or observing deleted text begintreatmentdeleted text endnew text begin interventionnew text end procedures for selected clients and
documenting appropriateness of deleted text begintreatmentdeleted text endnew text begin interventionnew text end procedures. Clients deleted text beginshalldeleted text endnew text begin mustnew text end be
selected based on the occupational therapy services provided to the client and the role of
the occupational therapist and the occupational therapy assistant in those services; and

(5) ensuring the service competency of the occupational therapy assistant in performing
delegated deleted text begintreatmentdeleted text endnew text begin interventionnew text end procedures.

(c) Face-to-face collaboration must occur more frequently deleted text beginthan every two weeksdeleted text end if
necessary to meet the requirements of paragraph (a) or (b).

(d) The occupational therapist deleted text beginshalldeleted text endnew text begin mustnew text end document compliance with this subdivision in
the client's file or chart.

Sec. 20.

Minnesota Statutes 2018, section 148.6435, is amended to read:


148.6435 COORDINATION OF SERVICES.

An occupational therapist deleted text beginshalldeleted text endnew text begin mustnew text end:

(1) collect information necessary to ensure that the provision of occupational therapy
services are consistent with the client's physical and mental health status. The information
required to make this determination may include, but is not limited to, contacting the client's
licensed health care professional for health history, current health status, current medications,
and precautions;

(2) modify or terminate occupational therapy deleted text begintreatmentdeleted text endnew text begin interventionnew text end of a client that is
not beneficial to the client, not tolerated by the client, or refused by the client, and if deleted text begintreatmentdeleted text endnew text begin
intervention
new text end was terminated for a medical reason, notify the client's licensed health care
professional by correspondence postmarked or delivered to the licensed health care
professional within deleted text beginseven calendar daysdeleted text endnew text begin one weeknew text end of the termination of deleted text begintreatmentdeleted text endnew text begin
intervention
new text end;

(3) refer a client to an appropriate health care, social service, or education practitioner
if the client's condition requires services not within the occupational therapist's service
competency or not within the practice of occupational therapy generally;new text begin and
new text end

(4) participate and cooperate in the coordination of occupational therapy services with
other related services, as a member of the professional community serving the clientdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (5) communicate, in writing, with the appropriate licensed health care professional an
occupational therapy plan of care, postmarked or delivered to the licensed health care
professional within 14 calendar days of the initiation of treatment. The occupational therapist
must provide this written communication even if occupational therapy treatment is concluded
in less than 14 consecutive days. The occupational therapist shall document modifications
to the plan of care requested by the licensed health care professional following consultation
with the licensed health care professional. Occupational therapists employed by a school
system are exempt from the requirements of this clause in the performance of their duties
within the school system.
deleted text end

Sec. 21.

Minnesota Statutes 2018, section 148.6443, as amended by Laws 2019, chapter
50, article 1, section 49, is amended to read:


148.6443 CONTINUING EDUCATION REQUIREMENTS.

Subdivision 1.

General requirements.

A licensed occupational therapist must obtain
a minimum of 24 contact hours of continuing education in the two-year licensure period.
A licensed occupational therapy assistant must obtain a minimum of 18 contact hours of
continuing education in the two-year licensure period. All continuing education coursework
must be obtained between the effective and expiration dates of the license. Licensees who
are issued licenses for a period of less than two years deleted text beginshalldeleted text endnew text begin mustnew text end obtain a prorated number
of contact hours required for licensure renewal based on the number of months licensed
during the two-year licensure period.

deleted text begin To qualify as a continuing education activity, the activity must be a minimum of one
contact hour. Contact hours must be earned and reported in increments of one contact hour
or one-half contact hour after the first contact hour of each continuing education activity.
One-half contact hour means an instructional session of 30 consecutive minutes, excluding
coffee breaks, registration, meals without a speaker, and social activities.
deleted text end

Each licensee is responsible for financing the cost of the licensee's continuing education
activities.

Subd. 2.

Standards for determining qualified continuing education activities.

new text begin To be
accepted by the board, activities must be related to a licensee's current or anticipated roles
and responsibilities as an occupational therapy practitioner and must directly or indirectly
serve to protect the public by enhancing the licensee's continuing competence.
new text end

Except as provided in subdivision 3, paragraph (d), in order to qualify as a continuing
education activity, the activity must:

(1) constitute an organized program of learning;

(2) reasonably be expected to advance the knowledge and skills of the occupational
therapy practitioner;

deleted text begin (3) pertain to subjects that directly relate to the practice of occupational therapy;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end be conducted by a sponsor approved by the American Occupational Therapy
Association or by individuals who have education, training, and experience by reason of
which the individuals should be considered experts on the subject matter of the activity;
and

deleted text begin (5)deleted text endnew text begin (4)new text end be presented by a sponsor who has a mechanism to verify participation and
maintains attendance records for new text begina minimum of new text endthree years.

Subd. 3.

Activities qualifying for continuing education contact hours.

(a) The activities
in this subdivision qualify for continuing education contact hours if they meet all other
requirements of this section.

(b) A minimum of one-half of the required contact hours must be directly related to deleted text beginthedeleted text end
occupational therapy practice. The remaining contact hours may be related to occupational
therapy practice, the delivery of occupational therapy services, or to the practitioner's current
professional role.

(c) A licensee may obtain an unlimited number of contact hours in any two-year
continuing education period through participation in the following:

(1) attendance at educational programs of annual conferences, lectures, panel discussions,
workshops, in-service training, seminars, and symposiums;

(2) successful completion of college or university courses. The licensee must obtain a
grade of at least a "C" or a pass in a deleted text beginpass or faildeleted text endnew text begin pass/failnew text end course in order to receive deleted text beginthe
following continuing education credits:
deleted text endnew text begin credit. One college credit equals six continuing
education contact hours;
new text end

deleted text begin (i) one semester credit equals 14 contact hours;
deleted text end

deleted text begin (ii) one trimester credit equals 12 contact hours; and
deleted text end

deleted text begin (iii) one quarter credit equals ten contact hours;
deleted text end

(3) successful completion of home study courses that require the participant to
demonstrate the participant's knowledge following completion of the course.

(d) A licensee may obtain a maximum of deleted text beginsixdeleted text endnew text begin one half of the requirednew text end contact hours in
any two-year continuing education period for:

(1) teaching continuing education new text beginor occupational therapy related new text endcourses that meet the
requirements of this section. A licensee is entitled to earn a maximum of two contact hours
as preparation time for each contact hour of presentation time. Contact hours may be claimed
only once for teaching the same course in any two-year continuing education period. A
course schedule or brochure must be maintained for audit;

(2) supervising occupational therapist or occupational therapy assistant students. A
licensee may earn one contact hour for every eight hours of student supervision. Licensees
must deleted text beginmaintain a log indicating the name ofdeleted text endnew text begin ensure they receive documentation regardingnew text end
each student supervised and the new text begindates and new text endhours each student was supervised. Contact hours
obtained by student supervision must be obtained by supervising students from an
occupational therapy education program accredited by the Accreditation Council for
Occupational Therapy Education;

(3) teaching or participating in courses related to leisure activities, recreational activities,
or hobbies if the practitioner uses these interventions within the practitioner's current practice
or employment; and

(4) engaging in research activities or outcome studies that arenew text begin related to the practice of
occupational therapy and
new text end associated with grants, postgraduate studies, or publications in
professional journals or books.

(e) A licensee may obtain a maximum of two contact hours in any two-year continuing
education period for continuing education activities in the following areas:

(1) personal skill topics: career burnout, communication skills, human relations, and
similar topics; deleted text beginand
deleted text end

(2) training that is obtained in conjunction with a licensee's employment, occurs during
a licensee's normal workday, and does not include subject matter specific to the fundamentals
of occupational therapydeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) participation for a minimum of one year on a professional committee or board.
new text end

Subd. 4.

Activities not qualifying for continuing education contact hours.

deleted text beginNodeleted text end Credit
deleted text begin shalldeleted text endnew text begin must notnew text end be granted for the following activities: hospital rounds, entertainment or
recreational activities, new text beginnoneducational association meetings, and new text endemployment orientation
sessionsdeleted text begin, holding an office or serving as an organizational delegate, meetings for the purpose
of making policy and noneducational association meetings
deleted text end.

Subd. 5.

Reporting continuing education contact hours.

deleted text begin Within one month following
licensure expiration, each licensee shall submit verification that the licensee has met the
continuing education requirements of this section on the continuing education report form
provided by the board. The continuing education report form may require the following
information:
deleted text end new text begin Each licensee must use the continuing education reporting form to verify
meeting the continuing education requirements of this section. The licensee must maintain
documentation, including but not limited to a signed certificate, transcript, or similar evidence
of participation in an activity. The documentation must include a:
new text end

(1) title of new text beginthe new text endcontinuing education activity;

(2) brief description of the continuing education activitynew text begin prepared by the presenter or
sponsor
new text end;

(3) sponsor, presenter, or author;

(4) location and attendance dates;

(5) number of contact hours; and

(6) licensee's deleted text beginnotarized affirmation that the information is true and correctdeleted text endnew text begin namenew text end.

Subd. 6.

Auditing continuing education reports.

(a) The board may audit a percentage
of the continuing education reports based on random selection. A licensee shall maintain
all documentation required by this section for two years after the last day of the biennial
licensure period in which the contact hours were earned.

(b) All renewal applications that are received after the expiration date may be subject
to a continuing education report audit.

(c) Any licensee against whom a complaint is filed may be subject to a continuing
education report audit.

(d) The licensee shall make the following information available to the board for auditing
purposes:

(1) a copy of the completed continuing education deleted text beginreportdeleted text endnew text begin reportingnew text end form for the continuing
education reporting period that is the subject of the audit including all supporting
documentation required by subdivision 5;

deleted text begin (2) a description of the continuing education activity prepared by the presenter or sponsor
that includes the course title or subject matter, date, place, number of program contact hours,
presenters, and sponsors;
deleted text end

deleted text begin (3) documentation of self-study programs by materials prepared by the presenter or
sponsor that includes the course title, course description, name of sponsor or author, and
the number of hours required to complete the program;
deleted text end

deleted text begin (4)deleted text endnew text begin (2)new text end documentation of university, college, or vocational school courses by a new text begintranscript
and a
new text endcourse syllabus, listing in a course bulletin, or equivalent documentation that includes
the course title, instructor's name, course dates, number of contact hours, and course content,
objectives, or goals; and

deleted text begin (5)deleted text endnew text begin (3)new text end verification of attendance by:

(i) a signature of the presenter or a designee at the continuing education activity on the
continuing education report form or a certificate of attendance with the course name, course
date, and licensee's name;

(ii) a summary or outline of the educational content of an audio or video educational
activity to verify the licensee's participation in the activity if a designee is not available to
sign the continuing education report form;new text begin or
new text end

(iii) verification of self-study programs by a certificate of completion or other
documentation indicating that the individual has demonstrated knowledge and has
successfully completed the programdeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (iv) verification of attendance at a university, college, or vocational course by an official
transcript.
deleted text end

Subd. 7.

Waiver of continuing education requirements.

deleted text beginThe board may grant a waiver
of the requirements of this section in cases where the requirements would impose an extreme
hardship on the licensee.
deleted text endnew text begin The board may waive or defer all or part of the continuing education
requirements of this section if the licensee submits a written request and provides satisfactory
evidence to the board of illness, injury, financial hardship, family hardship, or other similar
extenuating circumstances that preclude completion of the requirements during the licensure
period.
new text end The request for a waiver must be in writing, state the circumstances that constitute
deleted text begin extremedeleted text end hardship, state the period of time the licensee wishes to have the continuing
education requirement waived, and state the alternative measures that will be taken if a
waiver is granted. The board deleted text beginshalldeleted text endnew text begin mustnew text end set forth, in writing, the reasons for granting or
denying the waiver. Waivers granted by the board deleted text beginshalldeleted text endnew text begin mustnew text end specify, in writing, the time
limitation and required alternative measures to be taken by the licensee. A request for waiver
deleted text begin shalldeleted text endnew text begin mustnew text end be denied if the board finds that the circumstances stated by the licensee do not
support a claim of deleted text beginextremedeleted text end hardship, the requested time period for waiver is unreasonable,
the alternative measures proposed by the licensee are not equivalent to the continuing
education activity being waived, or the request for waiver is not submitted to the board
within 60 new text begincalendar new text enddays deleted text beginafterdeleted text endnew text begin ofnew text end the expiration date.

Subd. 8.

Penalties for noncompliance.

The board shall refuse to renew or grant, or
shall suspend, condition, limit, or qualify the license of any person who the board determines
has failed to comply with the continuing education requirements of this section. A licensee
may request reconsideration of the board's determination of noncompliance or the penalty
imposed under this section by making a written request to the board within 30 new text begincalendar new text enddays
of the date of notification to the applicant. Individuals requesting reconsideration may submit
information that the licensee wants considered in the reconsideration.

Sec. 22.

Minnesota Statutes 2018, section 148.6445, subdivision 11, is amended to read:


Subd. 11.

Penalty fees.

(a) The penalty fee for practicing occupational therapy or using
protected titles without a current license after the credential has expired and before it is
renewed is the amount of the license renewal fee for any part of the first month, plus the
license renewal fee for any part of any subsequent month up to 36 months.

(b) The penalty fee for applicants who engage in the unauthorized practice of occupational
therapy or use protected titles before being issued a license is the amount of the license
application fee for any part of the first month, plus the license application fee for any part
of any subsequent month up to 36 months. This paragraph does not apply to applicants not
qualifying for a license who engage in the unauthorized practice of occupational therapy.

(c) deleted text beginThe penalty fee for practicing occupational therapy and failingdeleted text endnew text begin When an occupational
therapy practitioner fails
new text end to submit anew text begin requestednew text end continuing education report by the due date
with the correct number or type of hours in the correct time period deleted text beginis $100 plus $20 for each
missing clock hour.
deleted text endnew text begin the practitioner must pay either: (1) a $100 penalty fee and complete
the missing contact hours within 30 calendar days from the date of the penalty fee notice;
or (2) a $100 penalty fee and $20 for each missing contact hour, and complete the missing
number of contact hours by the next reporting due date.
new text end "Missing" means not obtained
between the effective and expiration dates of the licensedeleted text begin, the one-month period following
the license expiration date, or the 30 days following notice of a penalty fee for failing to
report all continuing education hours. The licensee must obtain the missing number of
continuing education hours by the next reporting due date
deleted text end.

(d) Civil penalties and discipline incurred by licensees deleted text beginprior to August 1, 2005,deleted text end for
conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty
fees. For conduct described in paragraph (a) or (b) deleted text beginoccurring after August 1, 2005, anddeleted text end
exceeding six months, payment of a penalty fee does not preclude any disciplinary action
reasonably justified by the individual case.

Sec. 23.

Minnesota Statutes 2019 Supplement, section 148.6448, subdivision 1, is amended
to read:


Subdivision 1.

Grounds for denial of licensure or discipline.

The board may deny an
application for licensure, may approve licensure with conditions, or may discipline a licensee
using any disciplinary actions listed in subdivision 3 on proof that the individual has:

(1) intentionally submitted false or misleading information to the board;

(2) failed, within 30 days, to provide information in response to a written request by the
board;

(3) performed services of an occupational therapist or occupational therapy assistant in
an incompetent manner or in a manner that falls below the community standard of care;

(4) failed to satisfactorily perform occupational therapy services during a period of
temporary licensure;

(5) violated sections 148.6401 to 148.6449;

(6) failed to perform services with reasonable judgment, skill, or safety due to the use
of alcohol or drugs, or other physical or mental impairment;

(7) been convicted of violating any state or federal law, rule, or regulation which directly
relates to the practice of occupational therapy;

(8) aided or abetted another person in violating any provision of sections 148.6401 to
148.6449;

(9) been disciplined for conduct in the practice of an occupation by the state of Minnesota,
another jurisdiction, or a national professional association, if any of the grounds for discipline
are the same or substantially equivalent to those in sections 148.6401 to 148.6449;

(10) not cooperated with the board in an investigation conducted according to subdivision
2;

(11) advertised in a manner that is false or misleading;

(12) engaged in dishonest, unethical, or unprofessional conduct in connection with the
practice of occupational therapy that is likely to deceive, defraud, or harm the public;

(13) demonstrated a willful or careless disregard for the health, welfare, or safety of a
client;

(14) performed medical diagnosis or provided deleted text begintreatmentdeleted text endnew text begin interventionnew text end, other than
occupational therapy, without being licensed to do so under the laws of this state;

(15) paid or promised to pay a commission or part of a fee to any person who contacts
the occupational therapist for consultation or sends patients to the occupational therapist
for deleted text begintreatmentdeleted text endnew text begin interventionnew text end;

(16) engaged in an incentive payment arrangement, other than that prohibited by clause
(15), that promotes occupational therapy overutilization, whereby the referring person or
person who controls the availability of occupational therapy services to a client profits
unreasonably as a result of client deleted text begintreatmentdeleted text endnew text begin interventionnew text end;

(17) engaged in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical
assistance laws;

(18) obtained money, property, or services from a consumer through the use of undue
influence, high pressure sales tactics, harassment, duress, deception, or fraud;

(19) performed services for a client who had no possibility of benefiting from the services;

(20) failed to refer a client for medical evaluation when appropriate or when a client
indicated symptoms associated with diseases that could be medically or surgically treated;

(21) engaged in conduct with a client that is sexual or may reasonably be interpreted by
the client as sexual, or in any verbal behavior that is seductive or sexually demeaning to a
patient;

(22) violated a federal or state court order, including a conciliation court judgment, or
a disciplinary order issued by the board, related to the person's occupational therapy practice;
or

(23) any other just cause related to the practice of occupational therapy.

Sec. 24.

Minnesota Statutes 2018, section 148.6448, subdivision 2, is amended to read:


Subd. 2.

Investigation of complaints.

The board may initiate an investigation upon
receiving a complaint or other oral or written communication that alleges or implies that a
person has violated sections 148.6401 to 148.6449. In the receipt, investigation, and hearing
of a complaint that alleges or implies a person has violated sections 148.6401 to 148.6449,
the board deleted text beginshalldeleted text endnew text begin mustnew text end follow the procedures in deleted text beginsectiondeleted text endnew text begin sectionsnew text end 214.10new text begin and 214.103new text end.

Sec. 25.

Minnesota Statutes 2018, section 148.6449, subdivision 2, is amended to read:


Subd. 2.

Qualifications of board members.

(a) The occupational therapy practitioners
appointed to the board must represent a variety of practice areas and settings.

(b) At least two occupational therapy practitioners must be employed outside the
seven-county metropolitan area.

(c) Board members deleted text beginshalldeleted text endnew text begin must notnew text end serve for deleted text beginnotdeleted text end more than two new text beginfull new text endconsecutive terms.

Sec. 26. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, sections 148.6402, subdivisions 10 and 15; and 148.6412,
subdivision 1,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 4664.0003, subpart 28, new text end new text begin is repealed.
new text end

ARTICLE 3

BOARD OF SOCIAL WORK PRACTICE

Section 1.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Baccalaureate degree. new text end

new text begin "Baccalaureate degree" means a bachelor's degree in
social work from a program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accreditation body that the
board designates.
new text end

Sec. 2.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision
to read:


new text begin Subd. 7b. new text end

new text begin Clock hour. new text end

new text begin "Clock hour" means 60 minutes of learning.
new text end

Sec. 3.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision
to read:


new text begin Subd. 7c. new text end

new text begin Continuing education. new text end

new text begin "Continuing education" means education and training
to maintain, improve, or enhance competent social work practice.
new text end

Sec. 4.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision
to read:


new text begin Subd. 7d. new text end

new text begin Continuing education independent learning. new text end

new text begin "Continuing education
independent learning" means a licensee's individual study, including but not limited to online
activities without live interaction, research for publication, presentations, or professional
development.
new text end

Sec. 5.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision
to read:


new text begin Subd. 7e. new text end

new text begin Continuing education social work ethics. new text end

new text begin "Continuing education social work
ethics" means:
new text end

new text begin (1) the history and evolution of values and ethics in social work, including cultural
awareness and social diversity;
new text end

new text begin (2) ethics theories;
new text end

new text begin (3) professional standards of social work practice, as specified in the ethical codes of
the National Association of Social Workers, the Association of Canadian Social Workers,
the Clinical Social Work Federation, and the Council on Social Work Education;
new text end

new text begin (4) the legal requirements and other considerations for each jurisdiction that registers,
certifies, or licenses social workers; or
new text end

new text begin (5) the ethical decision-making process.
new text end

Sec. 6.

Minnesota Statutes 2018, section 148E.010, subdivision 9, is amended to read:


Subd. 9.

Intern.

"Intern" means a student in field placement working under the
supervision deleted text beginor directiondeleted text end of a social workernew text begin to fulfill the requirements of a program accredited
by the Council on Social Work Education, the Canadian Association of Schools of Social
Work, or a similar accreditation body that the board designates
new text end.

Sec. 7.

Minnesota Statutes 2018, section 148E.010, subdivision 11, is amended to read:


Subd. 11.

Practice of social work.

(a) "Practice of social work" means working to
maintain, restore, or improve behavioral, cognitive, emotional, mental, or social functioning
of clients, in a manner that applies accepted professional social work knowledge, skills, and
values, including the person-in-environment perspective, by providing in person or through
telephone, video conferencing, or electronic means one or more of the social work services
described in paragraph (b), clauses (1) to (3). Social work services may address conditions
that impair or limit behavioral, cognitive, emotional, mental, or social functioning. Such
conditions include, but are not limited to, the following: abuse and neglect of children or
vulnerable adults, addictions, developmental disorders, disabilities, discrimination, illness,
injuries, poverty, and trauma. Practice of social work also means providing social work
services in a position for which the educational basis is the individual's degree in social
work described in subdivision 13.

(b) Social work services include:

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

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

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

(ii) conducting research related to social work services;

(iii) developing and administering programs which provide social work services;

(iv) engaging in community organization to address social problemsnew text begin and macrocosm
issues
new text end through planned collective action;

(v) supervising individuals who provide social work services to clients;

(vi) supervising social workers in order to comply with the supervised practice
requirements specified in sections 148E.100 to 148E.125; and

(vii) teaching professional social work knowledge, skills, and values to students; and

(3) engaging in clinical practicenew text begin as defined in subdivision 6new text end.

Sec. 8.

Minnesota Statutes 2018, section 148E.010, subdivision 16, is amended to read:


Subd. 16.

Student.

"Student" means an individual who is deleted text begintaughtdeleted text end new text begincurrently enrolled in a
program that has been accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body that the board
designates and who studies
new text endprofessional social work knowledge, skills, and values deleted text beginin a
program that has been accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body designated by the
board
deleted text end.

Sec. 9.

Minnesota Statutes 2018, section 148E.010, subdivision 17, is amended to read:


Subd. 17.

Supervisee.

"Supervisee" means an individual deleted text beginprovideddeleted text end new text beginwho receives
new text end evaluation and supervision or directionnew text begin of the supervisee's social work practice through
supervision in order to comply with sections 148E.100 to 148E.125
new text end by an individual who
meets the requirements under section 148E.120.

Sec. 10.

Minnesota Statutes 2018, section 148E.010, subdivision 18, is amended to read:


Subd. 18.

Supervision.

"Supervision" means a professional relationship between a
supervisor and a deleted text beginsocial workerdeleted text endnew text begin superviseenew text end in which the supervisor deleted text beginprovides evaluation and
direction of the services provided by the social worker to promote competent and ethical
services to clients through the continuing development of the social worker's knowledge
and application of accepted professional social work knowledge, skills, and values
deleted text endnew text begin evaluates
and directs the supervisee's social work practice. A supervisor's role is to promote a
supervisee's continued development of the supervisee's knowledge, skills, and abilities to
practice social work in an ethical and competent manner
new text end.

Sec. 11.

Minnesota Statutes 2018, section 148E.010, subdivision 19, is amended to read:


Subd. 19.

Supervisor.

"Supervisor" means an individual who deleted text beginprovidesdeleted text endnew text begin meets the
requirements of section 148E.120 to provide
new text end evaluation and direction through supervision
as described in subdivision 18 in order to comply with sections 148E.100 to 148E.125.

Sec. 12.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Underrepresented community. new text end

new text begin "Underrepresented community" means a
group that is not represented in the majority with respect to race, ethnicity, national origin,
sexual orientation, gender identity, or physical ability.
new text end

Sec. 13.

Minnesota Statutes 2018, section 148E.015, is amended to read:


148E.015 SCOPE.

This chapter applies to all applicants and licensees, all persons who use the title social
worker, and all persons deleted text beginin or out of this state who provide social work services to clients
who reside
deleted text endnew text begin who engage in the practice of social work, as defined in section 148E.010,new text end in
this statenew text begin, regardless of the practitioner's or client's location,new text end unless there are specific
applicable exemptions provided by law.

Sec. 14.

Minnesota Statutes 2018, section 148E.025, subdivision 2, is amended to read:


Subd. 2.

Qualifications of board members.

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

deleted text begin (b) Five social worker members must be licensed social workers under section 148E.055,
subdivision 2
. The other five members must include a licensed graduate social worker, a
licensed independent social worker, and at least two licensed independent clinical social
workers.
deleted text end

new text begin (b) The ten social worker members must include at least:
new text end

new text begin (1) three licensed social workers;
new text end

new text begin (2) two licensed independent clinical social workers; and
new text end

new text begin (3) two licensed graduate social workers or licensed independent social workers.
new text end

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

(1) one member must be engaged in the practice of social work in new text begineither new text enda county new text beginor
state
new text endagency;

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

deleted text begin (3)deleted text endnew text begin (2)new text end one member must be engaged in the practice of social work in an elementary,
middle, or secondary school;

deleted text begin (4)deleted text endnew text begin (3)new text end one member must be deleted text beginemployed in a hospital or nursing home licensed under
chapter 144 or 144A
deleted text endnew text begin engaged in the practice of social work in a health care settingnew text end;

deleted text begin (5)deleted text endnew text begin (4)new text end one member must be engaged in the practice of social work in a private deleted text beginagencydeleted text endnew text begin
setting
new text end;new text begin and
new text end

deleted text begin (6) two members must be engaged in the practice of social work in a clinical social work
setting; and
deleted text end

deleted text begin (7)deleted text endnew text begin (5)new text end one member must be an educator engaged in regular teaching duties at a program
of social work accredited by the Council on Social Work Education or a similar accreditation
body deleted text begindesignated bydeleted text end new text beginthat new text endthe boardnew text begin designatesnew text end.

(d) At the time of their appointments, at least six members must reside outside of the
11-county metropolitan area.

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

new text begin (1) a community of color; or
new text end

new text begin (2) an underrepresented community, as defined in section 148E.010, subdivision 20.
new text end

Sec. 15.

Minnesota Statutes 2018, section 148E.055, subdivision 1, is amended to read:


Subdivision 1.

License required.

deleted text begin(a)deleted text end In order to practice social work, new text beginas defined in
section 148E.010, subdivisions 6 and 11,
new text endan individual must have a social work license
under this section or section 148E.060, except when the individual is exempt from licensure
according to section 148E.065.

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

deleted text begin (c) Effective July 1, 2016, an individual who is newly employed by a city or state agency
or a private nonprofit, nontribal agency previously exempt from licensure under Minnesota
Statutes 2010, section 148D.065, subdivision 5, and section 148E.065, subdivision 5, must
be licensed if:
deleted text end

deleted text begin (1) the individual is presented to the public by any title incorporating the words "social
work" or "social worker"; or
deleted text end

deleted text begin (2) the individual has a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar accrediting body designated by the board, and the individual
provides social work services, including clinical social work services, as those services are
defined in section 148E.010, subdivisions 6 and 11.
deleted text end

Sec. 16.

Minnesota Statutes 2018, section 148E.055, subdivision 2, is amended to read:


Subd. 2.

Qualifications for licensure by examination as a licensed social workernew text begin
(LSW)
new text end.

deleted text begin(a)deleted text end To be licensed as a licensed social worker, an applicant for licensure by
examination must provide evidence satisfactory to the board that the applicant:

(1) has received a baccalaureate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of Schools of Social Work,
or a similar accreditation body deleted text begindesignated by the board, or a doctorate in social work from
an accredited university
deleted text endnew text begin that the board designatesnew text end;

(2) has passed the bachelor's or equivalent examination administered by the Association
of Social Work Boards or a similar examination body deleted text begindesignated by the boarddeleted text endnew text begin that the board
designates
new text end. deleted text beginUnless an applicant applies for licensure by endorsement according to subdivision
7,
deleted text end An examination is not valid if deleted text beginit was takendeleted text endnew text begin the applicant tooknew text end and passed new text beginthe examination
new text end eight or more years prior to submitting deleted text begina completed, signeddeleted text endnew text begin annew text end application deleted text beginform provided
by the board
deleted text endnew text begin for licensure under this sectionnew text end. new text beginAn applicant must take new text endthe examination deleted text beginmay
be taken
deleted text end new text beginno more than six months new text endprior to completing degree requirements;

(3) has submitted a completed, signed application form new text beginthat the board has new text endprovided deleted text beginby
the board, including the applicable application fee specified in section 148E.180
deleted text end. For
new text begin electronic new text endapplications deleted text beginsubmitted electronicallydeleted text end, a "signed application" means providing an
attestation deleted text beginas specified by the boarddeleted text endnew text begin that the board has specifiednew text end;

(4) has deleted text beginsubmitteddeleted text endnew text begin completednew text end the criminal background check deleted text beginfee and a form provided by
the board authorizing a criminal background check according to subdivision 8
deleted text endnew text begin according
to section 214.075 and paid the required fees
new text end;

(5) has paid deleted text beginthedeleted text endnew text begin allnew text end applicable deleted text beginlicense feedeleted text endnew text begin feesnew text end specified in section 148E.180; and

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

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

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

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

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

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

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

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

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

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

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

Sec. 17.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Qualifications for licensure by endorsement as a licensed social worker
(LSW).
new text end

new text begin (a) To be licensed as a licensed social worker, an applicant for licensure by
endorsement must provide evidence satisfactory to the board that the applicant:
new text end

new text begin (1) holds an active license or credential as a baccalaureate-level social worker in another
jurisdiction;
new text end

new text begin (2) holds a bachelor's degree from an accredited college or university;
new text end

new text begin (3) has submitted a completed, signed application form that the board has provided. For
electronic applications, a "signed application" means providing an attestation that the board
has specified;
new text end

new text begin (4) has completed the criminal background check according to section 214.075 and paid
the required fees;
new text end

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

new text begin (6) has paid all applicable fees specified in section 148E.180.
new text end

new text begin (b) An individual licensed under this subdivision is not required to meet the supervised
practice requirements in section 148E.100 provided that the applicant has practiced
baccalaureate-level social work in another jurisdiction for at least 4,000 hours while actively
licensed or credentialed as a baccalaureate-level social worker during the four years
immediately preceding the applicant's submission of an application under this subdivision.
new text end

Sec. 18.

Minnesota Statutes 2018, section 148E.055, subdivision 3, is amended to read:


Subd. 3.

Qualifications for licensure by examination as new text begina new text endlicensed graduate social
workernew text begin (LGSW)new text end.

deleted text begin(a)deleted text end To be licensed as a licensed graduate social worker, an applicant for
licensure by examination must provide evidence satisfactory to the board that the applicant:

(1) has received a graduate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of Schools of Social Work,
or a similar accreditation body deleted text begindesignated by the boarddeleted text endnew text begin that the board designatesnew text end, or a
doctorate in social work from an accredited university;

(2) has passed the master's or equivalent examination administered by the Association
of Social Work Boards or a similar examination body deleted text begindesignated by the boarddeleted text endnew text begin that the board
designates
new text end. deleted text beginUnless an applicant applies for licensure by endorsement according to section
148E.055, subdivision 7,
deleted text end An examination is not valid if deleted text beginit was takendeleted text endnew text begin the applicant tooknew text end and
passed new text beginthe examination new text endeight or more years prior to submitting deleted text begina completed, signeddeleted text endnew text begin annew text end
application deleted text beginform provided by the boarddeleted text endnew text begin for licensure under this sectionnew text end. The new text beginapplicant must
take the
new text endexamination deleted text beginmay be takendeleted text end new text beginno more than six months new text endprior to completing degree
requirements;

(3) has submitted a completed, signed application form new text beginthat the board has new text endprovided deleted text beginby
the board, including the applicable application fee specified in section 148E.180
deleted text end. For
new text begin electronic new text endapplications deleted text beginsubmitted electronicallydeleted text end, a "signed application" means providing an
attestation deleted text beginas specified by the boarddeleted text endnew text begin that the board has specifiednew text end;

(4) has deleted text beginsubmitteddeleted text endnew text begin completednew text end the criminal background check deleted text beginfee and a form provided by
the board authorizing a criminal background check according to subdivision 8
deleted text endnew text begin according
to section 214.075 and paid the required fees
new text end;

(5) has paid deleted text beginthedeleted text endnew text begin allnew text end applicable deleted text beginlicense feedeleted text endnew text begin feesnew text end specified in section 148E.180; and

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

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

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

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

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

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

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

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

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

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

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

Sec. 19.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Qualifications for licensure by endorsement as a licensed graduate social
worker (LGSW).
new text end

new text begin (a) To be licensed as a licensed graduate social worker, an applicant for
licensure by endorsement must provide evidence satisfactory to the board that the applicant:
new text end

new text begin (1) holds an active license or credential as a graduate or master's level social worker in
another jurisdiction;
new text end

new text begin (2) holds a master's degree from an accredited college or university;
new text end

new text begin (3) has submitted a completed, signed application form that the board has provided. For
electronic applications, a "signed application" means providing an attestation that the board
has specified;
new text end

new text begin (4) has completed the criminal background check according to section 214.075 and paid
the required fees;
new text end

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

new text begin (6) has paid all applicable fees specified in section 148E.180.
new text end

new text begin (b) An individual licensed under this subdivision is not required to meet the supervised
practice requirements in section 148E.105 provided that the applicant has practiced
nonclinical graduate or master's level social work in another jurisdiction for at least 4,000
hours while actively licensed or credentialed as a graduate or master's level social worker
during the four years immediately preceding submission of an application under this
subdivision.
new text end

new text begin (c) An individual licensed under this subdivision engaged in clinical social work practice
must comply with the supervised practice requirements in section 148E.106.
new text end

Sec. 20.

Minnesota Statutes 2018, section 148E.055, subdivision 4, is amended to read:


Subd. 4.

new text beginQualifications for new text endlicensure by examinationdeleted text begin;deleted text endnew text begin as anew text end licensed independent
social workernew text begin (LISW)new text end.

deleted text begin(a)deleted text end To be licensed as a licensed independent social worker, an
applicant for licensure by examination must provide evidence satisfactory to the board that
the applicant:

(1) has received a graduate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of Schools of Social Work,
or a similar accreditation body deleted text begindesignated by the boarddeleted text endnew text begin that the board designatesnew text end, or a
doctorate in social work from an accredited university;

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

(3) has passed the advanced generalist or equivalent examination administered by the
Association of Social Work Boards or a similar examination body deleted text begindesignated by the boarddeleted text endnew text begin
that the board designates
new text end. deleted text beginUnless an applicant applies for licensure by endorsement according
to subdivision 7,
deleted text end An examination is not valid if deleted text beginit was takendeleted text endnew text begin the applicant tooknew text end and passed
new text begin the examination new text endeight or more years prior to submitting deleted text begina completed, signeddeleted text endnew text begin annew text end application
deleted text begin form provided by the boarddeleted text endnew text begin for licensure under this sectionnew text end;

(4) has submitted a completed, signed application form deleted text beginprovided by the board, including
the applicable application fee specified in section 148E.180
deleted text endnew text begin that the board has providednew text end.
For new text beginelectronic new text endapplications deleted text beginsubmitted electronicallydeleted text end, a "signed application" means providing
an attestation deleted text beginas specified by the boarddeleted text endnew text begin that the board has specifiednew text end;

(5) has deleted text beginsubmitteddeleted text endnew text begin completednew text end the criminal background check deleted text beginfee and a form provided by
the board authorizing a criminal background check according to subdivision 8
deleted text endnew text begin according
to section 214.075 and paid the required fees
new text end;

(6) has paid deleted text beginthedeleted text endnew text begin allnew text end applicable deleted text beginlicense feedeleted text endnew text begin feesnew text end specified in section 148E.180; and

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

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

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

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

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

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

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

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

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

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

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

Sec. 21.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Qualifications for licensure by endorsement as a licensed independent
social worker (LISW).
new text end

new text begin (a) To be licensed as a licensed independent social worker, an
applicant for licensure by endorsement must provide evidence satisfactory to the board that
the applicant:
new text end

new text begin (1) holds an active license or credential as an advanced practice graduate or master's
level social worker in another jurisdiction;
new text end

new text begin (2) holds a master's degree from an accredited college or university;
new text end

new text begin (3) has submitted a completed, signed application form that the board provided. For
electronic applications, a "signed application" means providing an attestation that the board
has specified;
new text end

new text begin (4) has completed the criminal background check according to section 214.075 and paid
the required fees;
new text end

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

new text begin (6) has paid all applicable fees specified in section 148E.180.
new text end

new text begin (b) An individual licensed under this subdivision engaged in clinical social work practice
must comply with the supervised practice requirements in section 148E.110.
new text end

Sec. 22.

Minnesota Statutes 2018, section 148E.055, subdivision 5, is amended to read:


Subd. 5.

new text beginQualifications for new text endlicensure by examinationdeleted text begin;deleted text endnew text begin as anew text end licensed independent
clinical social workernew text begin (LICSW)new text end.

(a) To be licensed as a licensed independent clinical
social worker, an applicant for licensure by examination must provide evidence satisfactory
to the board that the applicant:

(1) has received a graduate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of Schools of Social Work,
or a similar accreditation body deleted text begindesignated by the boarddeleted text endnew text begin that the board designatesnew text end, or a
doctorate in social work from an accredited university;

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

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

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

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

(iv) 18 clock hours (five percent) in evaluation methodologies;

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

(vi) 18 clock hours (five percent) in culturally specific clinical assessment and
intervention;

(3) has practiced clinical social work as defined in section 148E.010, including both
diagnosis and treatment, and has met the supervised practice requirements specified in
sections 148E.100 to 148E.125;

(4) has passed the clinical or equivalent examination administered by the Association
of Social Work Boards or a similar examination body deleted text begindesignated by the boarddeleted text endnew text begin that the board
designates
new text end. deleted text beginUnless an applicant applies for licensure by endorsement according to subdivision
7,
deleted text end An examination is not valid if deleted text beginit was takendeleted text endnew text begin the applicant tooknew text end and passed new text beginthe examination
new text end eight or more years prior to submitting deleted text begina completed, signeddeleted text endnew text begin annew text end application deleted text beginform provided
by the board
deleted text endnew text begin for licensure under this sectionnew text end;

(5) has submitted a completed, signed application form new text beginthat the board has new text endprovided deleted text beginby
the board, including the applicable application fee specified in section 148E.180
deleted text end. Fornew text begin
electronic
new text end applications deleted text beginsubmitted electronicallydeleted text end, a "signed application" means providing an
attestation deleted text beginas specified by the boarddeleted text endnew text begin that the board has specifiednew text end;

(6) has deleted text beginsubmitteddeleted text endnew text begin completednew text end the criminal background check deleted text beginfee and a form provided by
the board authorizing a criminal background check according to subdivision 8
deleted text endnew text begin according
to section 214.075 and paid the required fees
new text end;

(7) has paid deleted text beginthedeleted text endnew text begin all applicablenew text end license deleted text beginfeedeleted text endnew text begin feesnew text end specified in section 148E.180; and

(8) has not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice, the board may take action
according to sections 148E.255 to 148E.270.

(b) The requirement in paragraph (a), clause (2), may be satisfied through:

(1) a graduate degree program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accreditation body deleted text begindesignated
by the board
deleted text endnew text begin that the board designatesnew text end; or a doctorate in social work from an accredited
universitynew text begin. An academic institution must certify clinical clock hours in the clinical knowledge
areas on a form that the board has provided to meet this requirement
new text end;

(2) graduate coursework from an accredited institution of higher learningnew text begin. An academic
institution must certify clinical clock hours in the clinical knowledge areas on a form that
the board has provided to meet this requirement
new text end; or

(3) up to deleted text begin90deleted text endnew text begin 120new text end continuing education hours, deleted text beginnot to exceed 20 hours of independent
study
deleted text endnew text begin which the applicant may complete via continuing education independent learningnew text end as
deleted text begin specifieddeleted text endnew text begin definednew text end in section deleted text begin148E.130, subdivision 5deleted text endnew text begin 148E.010, subdivision 7dnew text end. deleted text beginThe
continuing education must have a course description available for public review and must
include a posttest. Compliance with this requirement must be documented on a form provided
by the board. The board may conduct audits of the information submitted in order to
determine compliance with the requirements of this section.
deleted text endnew text begin The applicant must include
documents verifying completion of clinical clock hours in the clinical knowledge areas to
meet this requirement as specified in section 148E.130, subdivision 11.
new text end

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

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

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

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

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

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

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

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

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

Sec. 23.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Qualifications for licensure by endorsement as a licensed independent
clinical social worker (LICSW).
new text end

new text begin To be licensed as a licensed independent clinical social
worker, an applicant for licensure by endorsement must provide evidence satisfactory to
the board that the applicant:
new text end

new text begin (1) holds an active license or credential as an independent clinical level social worker
in another jurisdiction;
new text end

new text begin (2) holds a master's degree from an accredited college or university;
new text end

new text begin (3) has submitted a completed, signed application form that the board has provided. For
electronic applications, a "signed application" means providing an attestation that the board
has specified;
new text end

new text begin (4) has completed the criminal background check according to section 214.075 and paid
the required fees;
new text end

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

new text begin (6) has paid all applicable fees specified in section 148E.180.
new text end

Sec. 24.

Minnesota Statutes 2018, section 148E.055, subdivision 6, is amended to read:


Subd. 6.

Degrees from outside United States or Canada.

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

Sec. 25.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Void application. new text end

new text begin An application that is not completed and signed, or that is
not accompanied by the correct fee, is void and the board must return it to the applicant,
along with any fee submitted.
new text end

Sec. 26.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision
to read:


new text begin Subd. 8b. new text end

new text begin Investigation. new text end

new text begin By applying for licensure, an applicant authorizes the board
to investigate and request additional information to verify completion of all license
qualifications.
new text end

Sec. 27.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision
to read:


new text begin Subd. 8c. new text end

new text begin Application time limit. new text end

new text begin (a) Within one year of the date that the board receives
an application for licensure under this section, the applicant must meet all the requirements
for licensure and provide all of the information that the board has requested, or the application
must be closed.
new text end

new text begin (b) If an applicant graduated from a program in candidacy status with the Council on
Social Work Education, the Canadian Association of Schools of Social Work, or a similar
accrediting body that the board designates, the applicant must meet all of the requirements
for licensure and provide all of the information requested within one year of the date that
the board receives an application for licensure under this section or within 30 days of the
date the program is approved or denied accreditation, whichever is later, or the application
must be closed.
new text end

Sec. 28.

Minnesota Statutes 2018, section 148E.055, subdivision 9, is amended to read:


Subd. 9.

Effective date.

deleted text beginThedeleted text endnew text begin An initial license isnew text end effective deleted text begindate of an initial license isdeleted text endnew text begin
on
new text end the day deleted text beginon whichdeleted text end new text beginthat new text endthe board receives the applicable license fee from an applicant
approved for licensure.

Sec. 29.

Minnesota Statutes 2018, section 148E.055, subdivision 10, is amended to read:


Subd. 10.

Expiration date.

deleted text beginThe expiration date of an initial license isdeleted text endnew text begin An initial license
expires on
new text end the last day of the licensee's birth month in the second calendar year following
the effective date of the initial license.

Sec. 30.

Minnesota Statutes 2018, section 148E.055, subdivision 11, is amended to read:


Subd. 11.

Change in license.

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

(b) The deleted text begineffective date of thedeleted text end new license is new text begineffective on new text endthe day deleted text beginon whichdeleted text endnew text begin thatnew text end the board
receives the applicable license fee from an applicant approved for the new license.

(c) The deleted text beginexpiration date of thedeleted text end new license deleted text beginisdeleted text endnew text begin expires onnew text end the same new text beginexpiration new text enddate as deleted text beginthe
expiration date of
deleted text end the license new text beginpreviously new text endheld by the licensee prior to the change in the
license.

Sec. 31.

Minnesota Statutes 2018, section 148E.060, subdivision 1, is amended to read:


Subdivision 1.

Students deleted text beginand otherdeleted text endnew text begin ornew text end persons not currently licensed in another
jurisdiction.

(a) deleted text beginThe board may issuedeleted text endnew text begin To be issuednew text end a temporary license to practice social
work deleted text begintodeleted text endnew text begin,new text end an applicant who is new text begina student as defined in section 148E.010 or a person new text endnot licensed
or credentialed to practice social work in any jurisdiction deleted text beginbut hasdeleted text endnew text begin must provide evidence
satisfactory to the board that the applicant
new text end:

(1) deleted text beginapplieddeleted text endnew text begin has submitted a current applicationnew text end for a license under section 148E.055;

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

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

new text begin (2) has submitted the required fees and documentation for the criminal background check
according to section 214.075;
new text end

deleted text begin (4)deleted text endnew text begin (3) hasnew text end passed the applicable licensure examination deleted text beginprovided fordeleted text endnew text begin requirednew text end in section
148E.055;

new text begin (4) has completed all requirements for a baccalaureate or graduate degree in social work
from a program accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accrediting body that the board
designates, or a doctorate in social work from an accredited university, including all
coursework and internships required to obtain the degree;
new text end

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

new text begin (5) has submitted a completed, signed temporary license application form that the board
has provided. For electronic applications, a "signed application" means providing an
attestation that the board has specified;
new text end

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

deleted text begin (6)deleted text endnew text begin (7) hasnew text end not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice, the board may take action
according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license is effective on the day that the board receives the application
and fee or on the date that all requirements are complete as specified in this subdivision,
whichever date is later.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end A temporary license issued under this subdivision expires deleted text beginafterdeleted text endnew text begin on the last day
of the month
new text end six monthsnew text begin from the effective date or when a license is issued under section
148E.055, whichever date is earlier. A temporary license is nonrenewable
new text end.

new text begin (d) In all professional use of the social worker's name, an individual with a baccalaureate
or graduate temporary license must represent themselves as a temporary license baccalaureate
social worker or temporary license graduate social worker. An individual with a baccalaureate
or graduate temporary license must not use the credentials LSW, LGSW, LISW, or LICSW
until the individual is issued a license under section 148E.055.
new text end

new text begin (e) An individual issued a baccalaureate temporary license under this subdivision is
authorized to practice social work as described in section 148E.050, subdivision 2. An
individual issued a graduate temporary license under this subdivision is authorized to practice
social work as described in section 148E.050, subdivision 3.
new text end

new text begin (f) An individual issued a temporary license under this subdivision must obtain
supervision in compliance with sections 148E.100 to 148E.125. Supervised practice obtained
with a temporary license applies to the supervised practice requirements for a license issued
under section 148E.055.
new text end

new text begin (g) An individual issued a temporary license under this subdivision may complete
continuing education in compliance with the requirements of section 148E.130. Continuing
education obtained with a temporary license may be applied to the continuing education
requirements of a license issued under section 148E.055.
new text end

Sec. 32.

Minnesota Statutes 2018, section 148E.060, subdivision 2, is amended to read:


Subd. 2.

deleted text beginEmergency situations anddeleted text end Persons currently licensed in another
jurisdiction.

(a) deleted text beginThe board may issuedeleted text endnew text begin To be issuednew text end a temporary license to practice social
work deleted text begintodeleted text endnew text begin,new text end an applicant who is licensed or credentialed to practice social work in another
jurisdictiondeleted text begin, may or may not have applied for a license under section 148E.055, and hasdeleted text endnew text begin
must provide evidence satisfactory to the board that the applicant
new text end:

(1) deleted text beginapplied for a temporary license on a form provided by the boarddeleted text endnew text begin holds an active
license or credential to practice social work in another jurisdiction
new text end;

(2) deleted text beginsubmitted a form provided by the board authorizing the board to complete a criminal
background check
deleted text endnew text begin has completed the criminal background check according to section
214.075 and submitted the required fees
new text end;

(3) deleted text beginsubmitted evidence satisfactory to the board that the applicant is currently licensed
or credentialed to practice social work in another jurisdiction
deleted text endnew text begin has submitted a completed,
signed temporary license application form that the board has provided. For electronic
applications, a "signed application" means providing an attestation that the board has
specified
new text end;

(4) deleted text beginattested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program accredited
by the Council on Social Work Education, the Canadian Association of Schools of Social
Work, or a similar accrediting body designated by the board, or a doctorate in social work
from an accredited university
deleted text endnew text begin has paid the fee specified in section 148E.180new text end; and

(5) new text beginhas new text endnot engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice, the board may take action
according to sections 148E.255 to 148E.270.

(b) A temporary license deleted text beginissued under this subdivision expires after six monthsdeleted text endnew text begin is effective
on the day that the board receives the application and fee or on the date that all requirements
are complete as specified in this subdivision, whichever date is later
new text end.

new text begin (c) A temporary license issued under this subdivision expires on the last day of the month
six months from the effective date or when a license is issued under section 148E.055,
whichever date is earlier. A temporary license in nonrenewable.
new text end

new text begin (d) The board may not issue a temporary license to an individual more than one time in
a 12-month period under this subdivision.
new text end

new text begin (e) In all professional use of the social worker's name, an individual with a baccalaureate
or graduate temporary license must represent themselves as a Temporary License
Baccalaureate Social Worker or Temporary License Graduate Social Worker. An individual
with a baccalaureate or graduate temporary license must not use the credentials LSW,
LGSW, LISW, or LICSW until the individual is issued a license under section 148E.055.
new text end

new text begin (f) An individual issued a baccalaureate temporary license under this subdivision is
authorized to practice social work as described in section 148E.050, subdivision 2. An
individual issued a graduate temporary license under this subdivision is authorized to practice
social work as described in section 148E.050, subdivision 3, 4, or 5, consistent with the
individual's license or credential in the other jurisdiction.
new text end

Sec. 33.

Minnesota Statutes 2018, section 148E.060, subdivision 2a, is amended to read:


Subd. 2a.

new text beginApplicants graduating from new text endprograms in candidacy status.

(a) deleted text beginThe board
may issue
deleted text endnew text begin To be issuednew text end a temporary license to practice social work deleted text begintodeleted text endnew text begin,new text end an applicant who deleted text beginhas
completed the requirements for a baccalaureate or graduate degree in social work from
deleted text endnew text begin is
a student as defined in section 148E.010 or a graduate from
new text end a program in candidacy status
with the Council on Social Work Education, the Canadian Association of Schools of Social
Work, or a similar accrediting body deleted text begindesignated by the board, and hasdeleted text endnew text begin that the board
designates, must provide evidence satisfactory to the board that the applicant
new text end:

(1) deleted text beginapplieddeleted text endnew text begin has a current applicationnew text end for a license under section 148E.055;

(2) deleted text beginapplied for a temporary license on a form provided by the boarddeleted text endnew text begin has submitted the
required fees and documentation for the criminal background check according to section
214.075
new text end;

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

deleted text begin (4)deleted text endnew text begin (3) hasnew text end passed the applicable licensure examination deleted text beginprovided fordeleted text endnew text begin requirednew text end in section
148E.055; deleted text beginand
deleted text end

new text begin (4) has completed all requirements for a baccalaureate, graduate, or doctoral degree in
social work from a program in candidacy status with the Council on Social Work Education,
the Canadian Association of Schools of Social Work, or a similar accrediting body that the
board designates, including all coursework and internships required to obtain the degree;
new text end

new text begin (5) has submitted a completed, signed temporary license application form that the board
has provided. For electronic applications, a "signed application" means providing an
attestation that the board has specified;
new text end

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

deleted text begin (5)deleted text end new text begin(7) has new text endnot engaged in conduct that is in violation of the standards of practice specified
in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in violation
of the standards of practice, the board may take action according to sections 148E.255 to
148E.270.

new text begin (b) A temporary license is effective on the day that the board receives the application
and fee or on the date that all requirements are complete as specified in this subdivision,
whichever date is later.
new text end

new text begin (c) A temporary license issued under this subdivision expires on the last day of the month
12 months from the license's effective date or when a license is issued under section
148E.055, whichever date is earlier. A temporary license is nonrenewable.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end A temporary license issued under this subdivision deleted text beginexpires after 12 months butdeleted text end
may be extended deleted text beginat the board's discretiondeleted text end upon a showing that the social work program
remains in deleted text begingood standingdeleted text endnew text begin candidacy statusnew text end with the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accrediting body deleted text begindesignated
by the board
deleted text endnew text begin that the board designatesnew text end.

new text begin (e) In all professional use of the social worker's name, an individual with a baccalaureate
or graduate temporary license must represent themselves as a Temporary License
Baccalaureate Social Worker or Temporary License Graduate Social Worker. An individual
with a baccalaureate or graduate temporary license must not use the credentials LSW,
LGSW, LISW, or LICSW until the individual has a license under section 148E.055.
new text end

new text begin (f) An individual who has a baccalaureate temporary license under this subdivision is
authorized to practice social work as described in section 148E.050, subdivision 2. An
individual who has a graduate temporary license under this subdivision is authorized to
practice social work as described in section 148E.050, subdivision 3.
new text end

new text begin (g) An individual issued a temporary license under this subdivision must obtain
supervision in compliance with sections 148E.100 to 148E.125. Supervised practice obtained
with a temporary license applies to the supervised practice requirements for a license issued
under section 148E.055.
new text end

new text begin (h) An individual who has a temporary license under this subdivision may complete
continuing education in compliance with the requirements of section 148E.130. An individual
who earns continuing education hours with a temporary license may apply those continuing
education hours to the continuing education requirements of a license under section 148E.055.
new text end

new text begin (i) new text endIf deleted text beginthe board receives notice fromdeleted text end the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accrediting body deleted text begindesignated by the
board that the social work program is not in good standing, or that the accreditation will
not be granted to the social work program
deleted text endnew text begin that the board designates does not grant
accreditation to the program in candidacy status
new text end, thenew text begin board must immediately revoke thenew text end
temporary license deleted text beginis immediately revokeddeleted text end.

Sec. 34.

Minnesota Statutes 2018, section 148E.070, subdivision 2, is amended to read:


Subd. 2.

deleted text beginMailingdeleted text end License renewal notices.

The board must deleted text beginmaildeleted text endnew text begin sendnew text end a notice for license
renewal to a licensee at least 45 days before the expiration date of the license. deleted text beginMailing the
notice by United States mail
deleted text end new text beginThe board may send the renewal notice new text endto the licensee's last
known mailing address deleted text beginconstitutes valid mailingdeleted text endnew text begin or electronicallynew text end. Failure to receive the
renewal notice does not relieve a licensee of the obligation to renew a license and to pay
the renewal fee.

Sec. 35.

Minnesota Statutes 2018, section 148E.070, subdivision 3, is amended to read:


Subd. 3.

Submitting license renewal applications.

(a) In order to renew a license, a
licensee must submit:

(1) a completed, signed application for license renewal; and

(2) the applicable renewal fee specified in section 148E.180.

new text begin The board must receive new text endthe completed, signed application and renewal fee deleted text beginmust be received
by the board
deleted text end prior to midnight deleted text beginofdeleted text endnew text begin onnew text end the day of the license expiration date. For new text beginelectronic
new text end renewals deleted text beginsubmitted electronicallydeleted text end, a "signed application" means providing an attestation deleted text beginasdeleted text endnew text begin
that the board has
new text end specified deleted text beginby the boarddeleted text end.

(b) An application deleted text beginwhich isdeleted text endnew text begin that the applicant hasnew text end not completed and signed, or deleted text beginwhichdeleted text endnew text begin
that
new text end is not accompanied by the correct fee, deleted text beginmust be returned to the applicant, along with
any fee submitted, and
deleted text end is void.new text begin The board must return the incomplete application and any
fee to the applicant.
new text end

(c) The completed, signed application must include documentation that the licensee has
met the continuing education requirements specified in sections 148E.130 to deleted text begin148E.170deleted text endnew text begin
148E.145
new text end and, if applicable, the supervised practice requirements specified in sections
148E.100 to 148E.125.

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

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

(2) conduct an audit to determine if the applicant has met the continuing education
requirements specified in sections 148E.130 to deleted text begin148E.170deleted text endnew text begin 148E.145new text end; and

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

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

Sec. 36.

Minnesota Statutes 2018, section 148E.070, subdivision 5, is amended to read:


Subd. 5.

Expired license.

(a) deleted text beginIf an application does not meet the requirements specified
in subdivisions 3 and 4, the license automatically expires.
deleted text end A licensee whose license has
expired may deleted text beginreactivatedeleted text endnew text begin restorenew text end a license new text beginto active status new text endby meeting the requirements in
section 148E.080 or new text beginmay new text endbe relicensed by meeting the requirements specified in section
148E.055.

(b) The board may take action according to sections 148E.255 to 148E.270 based on a
licensee's conduct before the expiration of the license.

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

Sec. 37.

new text begin [148E.0751] TEMPORARY LEAVE LICENSE STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Temporary leave. new text end

new text begin (a) At the time of license renewal, a licensee may
apply for temporary leave license status by:
new text end

new text begin (1) submitting a completed, signed application on a form that the board has provided.
For electronic applications, a "signed application" means providing an attestation that the
board has specified;
new text end

new text begin (2) paying the fee specified in section 148E.180; and
new text end

new text begin (3) demonstrating to the satisfaction of the board that the licensee is not engaged in the
practice of social work as defined in section 148E.010, subdivisions 6 and 11, in any setting,
including settings in which social workers are exempt from licensure according to section
148E.065.
new text end

new text begin (b) By submitting an application for temporary leave license status, an applicant
authorizes the board to:
new text end

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

new text begin (2) determine if the applicant has met the continuing education requirements specified
in sections 148E.130 to 148E.145; and
new text end

new text begin (3) determine whether the applicant has met the supervision requirements specified in
sections 148E.100 to 148E.125.
new text end

new text begin (c) An application that the applicant has not completed and signed, or that is not
accompanied by the correct fee, is void. The board must return the application to the
applicant, along with any fee.
new text end

new text begin Subd. 2. new text end

new text begin Four-year time limit. new text end

new text begin (a) A temporary leave license status may not exceed
four consecutive years. If a licensee fails to restore the license to active status according to
section 148E.080, the license automatically expires at the end of the four-year term.
new text end

new text begin (b) The board must send a notice to a licensee at least 45 days before the expiration date
of the temporary leave license status. The board may send the renewal notice to the licensee's
last known mailing address or electronically.
new text end

new text begin Subd. 3. new text end

new text begin Return to active license status. new text end

new text begin A licensee with temporary leave license status
may restore their license to active license status according to section 148E.080, including
documenting required continuing education hours.
new text end

new text begin Subd. 4. new text end

new text begin Prohibition on practice and representation. new text end

new text begin A licensee who has temporary
leave license status: (1) must not practice, attempt to practice, offer to practice, or advertise
or hold out as being authorized to practice social work; and (2) must include "temporary
leave" in any use of the license credential LSW, LGSW, LISW, or LICSW.
new text end

new text begin Subd. 5. new text end

new text begin Disciplinary or other action. new text end

new text begin The board may resolve any pending complaints
against a licensee before approving an application for temporary leave license status specified
in this section. The board may take action according to sections 148E.255 to 148E.290
against a licensee who has temporary leave license status specified in this section based on
conduct occurring before the temporary leave license status or conduct occurring while the
license is in temporary leave license status.
new text end

Sec. 38.

new text begin [148E.0752] EMERITUS INACTIVE LICENSE STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Emeritus inactive license. new text end

new text begin (a) At the time of license renewal, a licensee
may apply for emeritus inactive license status by:
new text end

new text begin (1) submitting a completed, signed application on a form that the board has provided.
For electronic applications, a "signed application" means providing an attestation that board
has specified;
new text end

new text begin (2) paying the fee specified in section 148E.180; and
new text end

new text begin (3) demonstrating to the satisfaction of the board that the licensee is retired from social
work practice as defined in section 148E.010, subdivisions 6 and 11, and will not engage
in the practice of social work in any setting, including settings in which social workers are
exempt from licensure according to section 148E.065.
new text end

new text begin (b) By submitting an application for emeritus inactive license status, an applicant
authorizes the board to:
new text end

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

new text begin (2) determine if the applicant has met the continuing education requirements specified
in sections 148E.130 to 148E.145; and
new text end

new text begin (3) determine whether the applicant has met the supervision requirements specified in
sections 148E.100 to 148E.125.
new text end

new text begin (c) An application that the applicant has not completed and signed, or that is not
accompanied by the correct fee, is void. The board must return the application to the
applicant, along with any fee.
new text end

new text begin Subd. 2. new text end

new text begin Return to active license status. new text end

new text begin (a) A licensee with emeritus inactive license
status may restore their license status to active license status during the first four years of
the emeritus inactive status according to section 148E.080, including documenting required
continuing education hours.
new text end

new text begin (b) A licensee in emeritus inactive status is not eligible to restore their license to active
status after four years. The licensee may reapply for a license according to section 148E.055.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition on practice and representation. new text end

new text begin A licensee who has emeritus
inactive license status: (1) must not practice, attempt to practice, offer to practice, or advertise
or hold out as being authorized to practice social work; and (2) must include "emeritus
inactive" in any use of the license credential LSW, LGSW, LISW, or LICSW.
new text end

new text begin Subd. 4. new text end

new text begin Disciplinary or other action. new text end

new text begin The board may resolve any pending complaints
against a licensee before approving an application for emeritus inactive license status
specified in this section. The board may take action according to sections 148E.255 to
148E.290 against a licensee who has emeritus inactive license status specified in this section
based on conduct occurring before the emeritus inactive license status or conduct occurring
while the license is in emeritus inactive status.
new text end

Sec. 39.

new text begin [148E.0753] EMERITUS ACTIVE LICENSE STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Emeritus active license. new text end

new text begin (a) At the time of license renewal, a licensee
may apply for emeritus active license status by:
new text end

new text begin (1) submitting a completed, signed application on a form that the board has provided.
For electronic applications, a "signed application" means providing an attestation that the
board has specified;
new text end

new text begin (2) paying the fee specified in section 148E.180; and
new text end

new text begin (3) demonstrating to the satisfaction of the board that the licensee is retired from social
work practice as defined in section 148E.010, subdivisions 6 and 11, other than the limited
practice allowed in subdivision 2.
new text end

new text begin (b) By submitting an application for emeritus active license status, an applicant authorizes
the board to:
new text end

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

new text begin (2) determine if the applicant has met the continuing education requirements specified
in sections 148E.130 to 148E.145; and
new text end

new text begin (3) determine whether the applicant has met the supervision requirements specified in
sections 148E.100 to 148E.125.
new text end

new text begin (c) An application that the applicant has not completed and signed, or that is not
accompanied by the correct fee, is void. The board must return the application to the
applicant, along with any fee.
new text end

new text begin Subd. 2. new text end

new text begin Limitation on practice and representation. new text end

new text begin (a) A licensee who has emeritus
active license status is only authorized to engage in:
new text end

new text begin (1) pro bono or unpaid social work practice as specified in section 148E.010, subdivisions
6 and 11; or
new text end

new text begin (2) paid social work practice not to exceed 500 clock hours per calendar year for the
exclusive purpose of:
new text end

new text begin (i) providing licensing supervision as specified in sections 148E.100 to 148E.125;
new text end

new text begin (ii) providing consultation to licensees as specified in section 148E.200, subdivision 2;
or
new text end

new text begin (iii) presenting continuing education activities as specified in section 148E.130,
subdivision 9.
new text end

new text begin (b) In all professional use of the social worker's name, a licensee must include "emeritus
active" in all use of their LSW, LGSW, LISW, or LICSW license credential.
new text end

new text begin Subd. 3. new text end

new text begin Renewal. new text end

new text begin (a) An applicant who has emeritus active license status may renew
their license according to the requirements specified in section 148E.070 and must pay
one-half of the renewal fee specified in section 148E.180, subdivision 3.
new text end

new text begin (b) Failure to renew an emeritus active license status will result in an expired license as
specified in section 148E.070.
new text end

new text begin (c) At the time of license renewal, a licensee must provide evidence satisfactory to the
board that the licensee has, during the renewal term, completed one-half of the clock hours
of continuing education as specified in section 148E.130, including at least two clock hours
in social work ethics.
new text end

new text begin Subd. 4. new text end

new text begin Return to active license status. new text end

new text begin An applicant may restore a license in emeritus
active status to active license status according to section 148E.080.
new text end

new text begin Subd. 5. new text end

new text begin Disciplinary or other action. new text end

new text begin The board may resolve any pending complaints
against a licensee before approving an application for emeritus active license status specified
in this section. The board may take action according to sections 148E.255 to 148E.290
against a licensee who has emeritus active license status specified in this section based on
conduct occurring before the emeritus active license status or conduct occurring while the
license is in emeritus active license status.
new text end

Sec. 40.

Minnesota Statutes 2018, section 148E.080, is amended to read:


148E.080 REACTIVATIONS.

deleted text begin Subdivision 1. deleted text end

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

deleted text begin The board must mail
a notice for reactivation to a licensee on temporary leave at least 45 days before the expiration
date of the license according to section 148E.075, subdivision 1. Mailing the notice by
United States mail to the licensee's last known mailing address constitutes valid mailing.
Failure to receive the reactivation notice does not relieve a licensee of the obligation to
comply with the provisions of this section to reactivate a license.
deleted text end

new text begin Subd. 1a. new text end

new text begin Reactivation from temporary leave license status. new text end

new text begin To restore a license from
temporary leave license status to active status, a licensee must do the following within the
time period specified in section 148E.0751, subdivision 2:
new text end

new text begin (1) submit a completed, signed application on a form that the board has provided. For
electronic applications, a "signed application" means providing an attestation that the board
has specified. An application that the applicant has not completed and signed is void. The
board must return the application and any fee to the applicant;
new text end

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

new text begin (3) pay the reactivation fee specified in section 148E.180.
new text end

Subd. 2.

Reactivation from deleted text begina temporary leave ordeleted text end emeritus new text begininactive license new text endstatus.

To
deleted text begin reactivatedeleted text endnew text begin restorenew text end a license from deleted text begina temporary leave ordeleted text end emeritus new text begininactive license new text endstatusnew text begin to
active status
new text end, a licensee must do the following within the time period specified in section
deleted text begin 148E.075, subdivisions 1, 1a, and 1bdeleted text endnew text begin 148E.0752, subdivision 2new text end:

(1) deleted text begincomplete an application form specified by the boarddeleted text endnew text begin submit a completed, signed
application on a form that the board has provided. For electronic applications, a "signed
application" means providing an attestation that the board has specified. An application that
the applicant has not completed and signed is void. The board must return the application
and any fee to the applicant
new text end;

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

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

deleted text begin (4)deleted text endnew text begin (3)new text end pay the reactivation deleted text beginof a licensedeleted text end fee specified in section 148E.180deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (5) pay the wall certificate fee according to section 148E.095, subdivision 1, paragraph
(b) or (c), if the licensee needs a duplicate license.
deleted text end

Subd. 3.

Reactivation of an expired license.

To deleted text beginreactivatedeleted text endnew text begin restorenew text end an expired licensenew text begin
to active status
new text end, a licensee must do the following within one year of the expiration date:

(1) deleted text begincomplete an application form specified by the boarddeleted text endnew text begin submit a completed, signed
application on a form that the board has provided. For electronic applications, a "signed
application" means providing an attestation that the board has specified. An application that
the applicant has not completed and signed is void. The board must return the application
and any fee to the applicant
new text end;

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

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

deleted text begin (4)deleted text endnew text begin (3)new text end pay the reactivation deleted text beginof an expired licensedeleted text end fee specified in section 148E.180.

Subd. 4.

Continuing education requirements.

(a) new text beginAt the time of reactivation, new text enda licensee
who is on temporary leave new text beginlicense status new text endor who deleted text beginhas andeleted text endnew text begin is onnew text end emeritus new text begininactive new text endlicense new text beginstatus
new text end must new text begindocument compliance with the following continuing education requirements:
new text end

new text begin (1) new text endobtain deleted text beginthedeleted text endnew text begin at least twonew text end continuing education hours deleted text beginthat would be required if the license
was active. At the time of reactivation, the licensee must document compliance with the
continuing education requirements specified in sections 148E.130 to 148E.170.
deleted text endnew text begin in social
work ethics; and
new text end

new text begin (2) complete the board's jurisprudence exam.
new text end

(b) A licensee applying for reactivation according to deleted text beginsubdivision 2 or 3deleted text endnew text begin this sectionnew text end may
apply for deleted text begina variancedeleted text endnew text begin an extensionnew text end to the continuing education requirements according to
deleted text begin sectionsdeleted text endnew text begin sectionnew text end 148E.130 deleted text beginto 148E.170deleted text endnew text begin, subdivision 10new text end.

Subd. 5.

Reactivation of a voluntarily terminated license.

To deleted text beginreactivatedeleted text endnew text begin restorenew text end a
voluntarily terminated licensenew text begin to active statusnew text end, a licensee must do the following within one
year of the date new text beginthat new text endthe voluntary termination takes effect:

(1) deleted text begincomplete an application form specified by the boarddeleted text endnew text begin submit a completed, signed
application on a form that the board has provided. For electronic applications, a "signed
application" means providing an attestation that the board has specified. An application that
the applicant has not completed and signed is void. The board must return the application
and any fee to the applicant
new text end;

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

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

deleted text begin (4)deleted text endnew text begin (3)new text end pay the reactivation deleted text beginof an expired or voluntarily terminated licensedeleted text end fee specified
in section 148E.180.

new text begin Subd. 6. new text end

new text begin Reactivation from emeritus active status. new text end

new text begin To restore a license from emeritus
active license status to active status, a licensee must do the following while the license
remains in emeritus active license status:
new text end

new text begin (1) submit a completed, signed application on a form that the board has provided. For
electronic applications, a "signed application" means providing an attestation that the board
has specified. An application that is not completed and signed is void. The board must return
the application and any fee to the applicant; and
new text end

new text begin (2) pay the reactivation fee specified in section 148E.180.
new text end

Sec. 41.

Minnesota Statutes 2018, section 148E.085, is amended to read:


148E.085 VOLUNTARY deleted text beginTERMINATIONSdeleted text endnew text begin TERMINATION LICENSE STATUSnew text end.

Subdivision 1.

deleted text beginRequests fordeleted text end Voluntary termination.

(a) A licensee may deleted text beginrequestdeleted text endnew text begin apply
for
new text end voluntary termination of a license if the licensee deleted text begindemonstratesdeleted text endnew text begin:
new text end

new text begin (1) submits a completed, signed application on a form that the board has provided. For
electronic applications, a "signed application" means providing an attestation that the board
has specified. An application that the applicant has not completed and signed is void. The
board must return the application to the applicant. No fee is required to voluntarily terminate
a license; and
new text end

new text begin (2) demonstratesnew text end to the satisfaction of the board that the licensee is not engaged in the
practice of social work new text beginas defined in section 148E.010, subdivisions 6 and 11, new text endin any setting
except deleted text beginsettings in which social workers aredeleted text endnew text begin when the individual isnew text end exempt from licensure
according to section 148E.065.

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

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

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

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

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

new text begin (b) By submitting an application for voluntary termination, an applicant authorizes the
board to:
new text end

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

new text begin (2) determine if the applicant has met the continuing education requirements specified
in section 148E.130; and
new text end

new text begin (3) determine whether the applicant has met the supervision requirements specified in
sections 148E.100 to 148E.125.
new text end

Subd. 2.

deleted text beginApplication for new licensuredeleted text endnew text begin Return to active license statusnew text end.

A licensee
who has voluntarily terminated a licensenew text begin: (1)new text end may deleted text beginnot reactivatedeleted text endnew text begin restorenew text end the license deleted text beginafter
one year following the date the voluntary termination takes effect. However, a licensee who
has voluntarily terminated a license
deleted text endnew text begin according to section 148E.080; or (2)new text end may deleted text beginapplydeleted text endnew text begin reapplynew text end
for a deleted text beginnewdeleted text end license according to section 148E.055.

Subd. 3.

Prohibition on practicenew text begin and representationnew text end.

A licensee who has voluntarily
terminated a licensenew text begin: (1)new text end must notnew text begin use the credentials LSW, LGSW, LISW, or LICSW; and
(2) must not
new text end practice, attempt to practice, offer to practice, or advertise or hold out as
authorized to practice social work, except when the individual is exempt from licensure
according to section 148E.065.

Subd. 4.

Disciplinary or other action.

new text beginThe board may resolve any pending complaints
against a licensee before approving a request for voluntary termination.
new text endThe board may take
action according to sections 148E.255 to deleted text begin148E.270deleted text endnew text begin 148E.290new text end against a licensee deleted text beginwhosedeleted text endnew text begin who
voluntarily terminated their
new text end license deleted text beginhas been terminateddeleted text end based on conduct occurring before
the license deleted text beginisdeleted text end new text beginwas voluntarily new text endterminated deleted text beginor for practicing social work without a licensedeleted text end.

Sec. 42.

Minnesota Statutes 2018, section 148E.095, subdivision 1, is amended to read:


Subdivision 1.

License wall certificate.

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

(b) deleted text beginThe board must replace a license wall certificate whendeleted text endnew text begin To request a duplicate license
wall certificate, the licensee must
new text end:

(1) deleted text begina licensee submits an affidavit to the board that the original license wall certificate
was lost, stolen, or destroyed
deleted text endnew text begin submit a request for another license wall certificate in writingnew text end;
and

(2) deleted text beginthe licensee submitsdeleted text endnew text begin submitnew text end the license wall certificate fee specified in section
148E.180.

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

deleted text begin (1) a licensee requests a revised license wall certificate according to this section; and
deleted text end

deleted text begin (2) a licensee submits the license wall certificate fee specified in section 148E.180.
deleted text end

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

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

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

Sec. 43.

Minnesota Statutes 2018, section 148E.130, subdivision 1, is amended to read:


Subdivision 1.

Total clock hours required.

new text begin(a) A licensee must complete 40 hours of
continuing education for each two-year renewal term.
new text endAt the time of license renewal, a
licensee must provide evidence satisfactory to the board that the licensee hasdeleted text begin, during the
renewal term, completed at least 40 clock hours of
deleted text endnew text begin completed the requirednew text end continuing
educationnew text begin hours during the previous renewal termnew text end.new text begin Of the total clock hours required:
new text end

new text begin (1) all licensees must complete two hours in social work ethics as defined in section
148E.010;
new text end

new text begin (2) licensed independent clinical social workers must complete 12 clock hours in one
or more of the clinical content areas specified in section 148E.055, subdivision 5, paragraph
(a), clause (2);
new text end

new text begin (3) licensees providing licensing supervision according to sections 148E.100 to 148E.125,
must complete six clock hours in supervision as defined in section 148E.010; and
new text end

new text begin (4) no more than half of the required clock hours may be completed via continuing
education independent learning as defined in section 148E.010.
new text end

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

Sec. 44.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Acceptable content. new text end

new text begin The continuing education must:
new text end

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

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

Sec. 45.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Acceptable continuing education activities. new text end

new text begin (a) A continuing education activity
must be one of the following:
new text end

new text begin (1) academic coursework at an institution of higher learning. One credit of coursework
in a semester-based academic institution is the equivalent of 15 clock hours;
new text end

new text begin (2) educational workshops, seminars, conferences, or live webinars;
new text end

new text begin (3) staff training from an employer; or
new text end

new text begin (4) continuing education independent learning as defined in section 148E.010.
new text end

new text begin (b) A continuing education activity automatically meets the requirements of this section
if the licensee completes it through:
new text end

new text begin (1) a board-approved continuing education provider;
new text end

new text begin (2) a continuing education provider or program approved by the Association of Social
Work Boards or a similar examination body that the board has designated; or
new text end

new text begin (3) a continuing education program approved by the National Association of Social
Workers.
new text end

new text begin (c) The board does not require providers and programs to be preapproved, but the
continuing education activity must meet the requirements specified in this section.
new text end

Sec. 46.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Extension. new text end

new text begin At the time of renewal, the board may grant a onetime extension
to complete the required clock hours when a licensee is unable to comply with this section.
new text end

Sec. 47.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Records retention; licensees. new text end

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

new text begin (1) for educational workshops, seminars, conferences, or live webinars, documentation
of attendance issued by the presenter or sponsor must include the:
new text end

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

new text begin (ii) title and date of the activity;
new text end

new text begin (iii) number of clock hours; and
new text end

new text begin (iv) names of the presenters;
new text end

new text begin (2) for academic coursework at an institution of higher learning, a transcript must include
the:
new text end

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

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

new text begin (iii) dates of the course; and
new text end

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

new text begin (3) for an employer's staff training, an employer's documentation of attendance must
include the:
new text end

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

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

new text begin (iii) date of the training; and
new text end

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

new text begin (4) for continuing education independent learning, a written summary of the activity
conducted must include the:
new text end

new text begin (i) topics covered;
new text end

new text begin (ii) applicability of the activity to the licensee's social work practice;
new text end

new text begin (iii) titles and authors or presenters of materials reviewed;
new text end

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

new text begin (v) number of clock hours completed.
new text end

Sec. 48.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Audits. new text end

new text begin (a) The board may audit licensees at the time of license renewal or
reactivation to determine the licensee's compliance with the requirements of this section.
new text end

new text begin (b) When the board audits a licensee, the licensee must provide the documentation
specified in subdivision 11.
new text end

Sec. 49.

Minnesota Statutes 2018, section 148E.145, is amended to read:


148E.145 CONTINUING EDUCATION PROVIDERS deleted text beginAPPROVED BY BOARDdeleted text end.

Subdivision 1.

Board approval.

(a) deleted text beginThe board must approve a continuing education
provider who
deleted text endnew text begin For the board to approve a continuing education provider, the provider mustnew text end:

(1) deleted text beginsubmitsdeleted text endnew text begin submitnew text end a completed application deleted text beginto the board which provides the information
required by subdivision 2 and which meets the criteria specified in subdivision 3; and
deleted text endnew text begin form
that the board has provided;
new text end

new text begin (2) agree to comply with the requirements of this section;
new text end

new text begin (3) submit a signed statement that indicates that the provider agrees to provide
documentation of attendance that meets the requirements of section 148E.130, subdivision
11, to each participant in the provider's program; and
new text end

deleted text begin (2) paysdeleted text endnew text begin (4) paynew text end the new text begincontinuing education new text endprovider fee specified in section 148E.180.

(b) An approval is valid for deleted text beginprograms offered no later thandeleted text end one year from the date new text beginthat
the board receives
new text endthe application deleted text beginis approved by the boarddeleted text endnew text begin and feenew text end.

new text begin (c) During the one-year period, an approved provider may provide no more than the
number of clock hours for which the provider has applied as specified in section 148E.180,
subdivision 4. If the provider wishes to offer additional clock hours during the one-year
period, the provider must submit another application and fee to the board.
new text end

deleted text begin Subd. 2. deleted text end

deleted text begin Information required. deleted text end

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

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

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

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

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

Subd. 3.

deleted text beginCriteria for programsdeleted text endnew text begin Continuing education activity requirementsnew text end.

(a) deleted text beginA
continuing education provider must employ the following criteria in determining whether
to offer a continuing education program
deleted text endnew text begin An approved provider must ensure that all continuing
education activities
new text end:

(1) deleted text beginwhether the material to be presented willdeleted text end promote the standards of practice described
in sections 148E.195 to 148E.240;

(2) deleted text beginwhether the material to be presented willdeleted text end contribute to the practice of social work as
defined in section 148E.010;new text begin and
new text end

(3) deleted text beginwhether the material to be presented is intended for the benefit of practicing social
workers; and
deleted text endnew text begin are presented by individuals with expertise in the material or content.
new text end

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

(b) deleted text beginThe material presented must not be primarily procedural or primarily oriented towards
business practices or self-development.
deleted text endnew text begin An approved provider must provide documentation
of completion to each participant that includes the information required by section 148E.130,
subdivision 11.
new text end

deleted text begin Subd. 4. deleted text end

deleted text begin Audits. deleted text end

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

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

Subd. 5.

Records retentiondeleted text begin; continuing education providersdeleted text end.

new text beginAn approved provider
must maintain the following information
new text endfor three years following the end of each program
deleted text begin offered by a continuing education provider, the provider must maintain the following
information
deleted text endnew text begin activitynew text end:

(1) thenew text begin program'snew text end title deleted text beginof the programdeleted text end;

(2) a description of the new text beginprogram's new text endcontent and objectives deleted text beginof the programdeleted text end;

(3) thenew text begin program'snew text end date deleted text beginof the programdeleted text end;

(4) the new text beginprogram's new text endnumber of clock hours deleted text begincredited for participation in the programdeleted text end;

(5) deleted text beginthe program locationdeleted text endnew text begin whether the activity was presented as a live interactive activity
or continuing education independent learning
new text end;

(6) the names and qualifications of the deleted text beginprimarydeleted text end new text beginprogram's new text endpresenters;new text begin and
new text end

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

deleted text begin (8)deleted text endnew text begin (7)new text end a list of the deleted text beginparticipants in the programdeleted text endnew text begin program's attendeesnew text end.

new text begin Subd. 6. new text end

new text begin Audits. new text end

new text begin (a) The board may audit an approved provider to determine compliance
with the requirements of this section.
new text end

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

new text begin Subd. 7. new text end

new text begin Revocation. new text end

new text begin The board may revoke approval of an approved provider if the
board determines the provider failed to meet the requirements of this section.
new text end

Sec. 50. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 148E.045; 148E.055, subdivisions 7 and 8; 148E.060,
subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 13; 148E.075, subdivisions 1, 1a, 1b, 2, 3, and
8; 148E.095, subdivision 2; 148E.130, subdivisions 2, 3, 4, 5, 6, and 7; 148E.135; 148E.140;
148E.150; 148E.155; 148E.160; 148E.165; and 148E.170,
new text end new text begin are repealed.
new text end

ARTICLE 4

BOARD OF DENTISTRY

Section 1.

Minnesota Statutes 2018, section 150A.06, subdivision 6, is amended to read:


Subd. 6.

Display of name and certificates.

(a) The deleted text begininitial license and subsequentdeleted text end renewal
certificate of every dentist, dental therapist, dental hygienist, or dental assistant deleted text beginshalldeleted text endnew text begin mustnew text end
be conspicuously displayed new text beginin plain sight of patients new text endin every office in which that person
practicesdeleted text begin, in plain sight of patients. When available from the board, the board shall allow
the display of a wallet-sized initial license and wallet-sized subsequent renewal certificate
only at nonprimary practice locations instead of displaying an original-sized initial license
and subsequent renewal certificate
deleted text end.new text begin Duplicate renewal certificates may be obtained from
the board.
new text end

(b) Near or on the entrance door to every office where dentistry is practiced, the name
of each dentist practicing there, as inscribed on the current license certificate, deleted text beginshalldeleted text endnew text begin mustnew text end be
displayed in plain sight.

new text begin (c) The board must allow the display of a mini-license for guest license holders
performing volunteer dental services. There is no fee for the mini-license for guest volunteers.
new text end

ARTICLE 5

REEMPLOYING RETIRED MEMBERS OF PERA AND MSRS

Section 1. new text beginPERMITTING PAYMENT OF RETIREMENT ANNUITY DURING
PERIOD OF EMPLOYMENT AS A HEALTH CARE WORKER DURING A
PEACETIME EMERGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "health care worker" means a person, whether licensed or unlicensed, employed by
a public employer during a peacetime emergency to provide health care, health-care-related
services, or long-term care;
new text end

new text begin (2) "peacetime emergency" means any peacetime emergency declared by the governor
in an executive order that relates to the infectious disease known as COVID-19;
new text end

new text begin (3) "public employer" means any political subdivision or executive branch agency of
the state, including any county, municipality, and Hennepin Healthcare System, Inc.; and
new text end

new text begin (4) "reemployment year" means the 12-month period that a person is covered by a phased
retirement agreement under Minnesota Statutes, section 353.371, or in a postretirement
option position under Minnesota Statutes, section 43A.346.
new text end

new text begin Subd. 2. new text end

new text begin Health care workers to continue receiving retirement annuities. new text end

new text begin (a)
Notwithstanding any law to the contrary, a person is entitled to continue to receive a
retirement annuity if the person:
new text end

new text begin (1) is receiving a retirement annuity and has not been employed in public service for at
least 30 days or has been retired for at least 30 days and is about to begin receiving a
retirement annuity from any of the pension plans administered by the Public Employees
Retirement Association or from any of the pension plans administered by the Minnesota
State Retirement System; and
new text end

new text begin (2) is hired or rehired by a public employer as a health care worker on or after the effective
date of a declaration of a peacetime emergency.
new text end

new text begin (b) A person described in paragraph (a) is not subject to the provisions of Minnesota
Statutes, section 352.115, subdivision 10, or 353.37, and the monthly amount of the person's
retirement annuity shall not change as a result of employment during a peacetime emergency,
notwithstanding the additional hours and percentage of time worked by the person.
new text end

new text begin (c) Notwithstanding any law to the contrary, a public employer may hire or rehire a
person under this subdivision without either the public employer or the person having to
enter into or comply with the requirements of Minnesota Statutes, section 43A.346 or
353.371.
new text end

new text begin Subd. 3. new text end

new text begin No limitation on hours or percentage of time worked under a postretirement
option.
new text end

new text begin (a) A health care worker who entered into a phased retirement agreement under
Minnesota Statutes, section 353.371, before the effective date of this section, or has been
employed in a postretirement option position under Minnesota Statutes, section 43A.346,
since before the effective date of this section, shall not be subject to any limitation on the
number of hours or percentage of time worked imposed by Minnesota Statutes, section
43A.346 or 353.371, as applicable, during any reemployment year that includes the date on
which this section expires.
new text end

new text begin (b) Upon the expiration of a peacetime emergency, the health care worker shall continue
to be covered by the phased retirement agreement or continue employment in the
postretirement option position, as applicable, if the health care worker elects to continue
employment, except that the limitation on the number of hours or percentage of time worked
shall not apply until the reemployment year that begins after the reemployment year that
includes the date on which this section expires.
new text end

new text begin (c) The period of employment during a peacetime emergency shall be added to and shall
extend the period of employment governed by the phased retirement agreement under
Minnesota Statutes, section 353.371, subdivision 4, or in a postretirement option position
under Minnesota Statutes, section 43A.346, subdivision 6, as applicable.
new text end

new text begin (d) The requirements of Minnesota Statutes, sections 43A.346 and 353.371, prohibiting
the crediting of additional service toward the health care worker's annuity and prohibiting
the making of employee or employer contributions during employment covered by a phased
retirement agreement or in a postretirement option position, as applicable, shall apply during
a peacetime emergency. The monthly amount of the health care worker's retirement annuity
shall not change as a result of employment during a peacetime emergency, notwithstanding
any increase in the hours and percentage of time worked by the health care worker.
new text end

new text begin (e) Nothing in this section shall be considered as terminating (1) a phased retirement
agreement under Minnesota Statutes, section 353.371, or (2) the employment of a health
care worker in a postretirement option position under Minnesota Statutes, section 43A.346.
new text end

new text begin Subd. 4. new text end

new text begin Expiration date. new text end

new text begin This section expires on December 31 of the year in which
the peacetime emergency expires or is terminated or rescinded by proper authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: S2939-1

148.6402 DEFINITIONS.

Subd. 10.

Direct supervision.

"Direct supervision" of an occupational therapy assistant using physical agent modalities means that the occupational therapist has evaluated the patient and determined a need for use of a particular physical agent modality in the occupational therapy treatment plan, has determined the appropriate physical agent modality application procedure, and is available for in-person intervention while treatment is provided.

Subd. 15.

Occupational therapy.

"Occupational therapy" means the use of purposeful activity to maximize the independence and the maintenance of health of an individual who is limited by a physical injury or illness, a cognitive impairment, a psychosocial dysfunction, a mental illness, a developmental or learning disability, or an adverse environmental condition. The practice encompasses evaluation, assessment, treatment, and consultation. Occupational therapy services may be provided individually, in groups, or through social systems. Occupational therapy includes those services described in section 148.6404.

148.6412 LICENSURE BY EQUIVALENCY.

Subdivision 1.

Persons certified by National Board for Certification in Occupational Therapy before June 17, 1996.

Persons certified by the National Board for Certification in Occupational Therapy as an occupational therapist before June 17, 1996, may apply for licensure by equivalency for occupational therapist. Persons certified by the National Board for Certification in Occupational Therapy as an occupational therapy assistant before June 17, 1996, may apply for licensure by equivalency for occupational therapy assistant.

148E.045 CONTESTED CASE HEARING.

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

148E.055 LICENSE REQUIREMENTS.

Subd. 7.

Licensure by endorsement.

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

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

(c) An application for licensure by endorsement must meet the applicable license requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and submit the licensure by endorsement application fee specified in section 148E.180.

(d) The following requirements apply:

(1) An applicant for licensure by endorsement who is applying for licensure as a licensed social worker must meet the requirements specified in subdivision 2.

(2) An applicant for licensure by endorsement who is applying for licensure as a licensed graduate social worker must meet the requirements specified in subdivision 3.

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

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

Subd. 8.

Criminal background checks.

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

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

(2) the criminal background check fee specified by the Bureau of Criminal Apprehension.

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

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

(c) If a criminal background check indicates that an applicant has engaged in criminal behavior, the board may take action according to sections 148E.255 to 148E.270.

148E.060 TEMPORARY LICENSES.

Subd. 3.

Teachers.

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

(1) applied for a temporary license on a form provided by the board;

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

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

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

(b) A temporary license issued under this subdivision expires after 12 months.

Subd. 4.

Temporary license application fee.

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

Subd. 5.

Temporary license term.

A temporary license is valid until expiration, or until the board issues or denies the license according to section 148E.055, or until the board revokes the temporary license, whichever comes first. A temporary license is nonrenewable.

Subd. 6.

Licensee with temporary license; baccalaureate degree.

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

Subd. 7.

Licensee with temporary license; graduate degree.

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

Subd. 8.

Supervision requirements.

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

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

Subd. 9.

Prohibition on practice.

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

Subd. 10.

Representation of professional status.

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

Subd. 11.

Standards of practice.

A licensee with a temporary license must conduct all professional activities as a social worker according to the requirements of sections 148E.195 to 148E.240.

Subd. 13.

Revocation of temporary license.

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

148E.075 ALTERNATE LICENSES.

Subdivision 1.

Temporary leave license.

(a) A licensee qualifies for temporary leave from active practice if the licensee demonstrates to the satisfaction of the board that the licensee is not engaged in the practice of social work in any setting, including settings in which social workers are exempt from licensure according to section 148E.065. A licensee who is granted temporary leave from active practice may reactivate the license according to section 148E.080.

(b) A licensee may maintain a temporary leave license for no more than four consecutive years.

(c) A licensee who is granted temporary leave from active practice may reactivate the license according to section 148E.080. If a licensee does not apply for reactivation within 60 days following the end of the consecutive four-year period, the license automatically expires. An individual with an expired license may apply for new licensure according to section 148E.055.

(d) Except as provided in paragraph (e), a licensee who holds a temporary leave license must not practice, attempt to practice, offer to practice, or advertise or hold out as authorized to practice social work.

(e) The board may grant a variance to the requirements of paragraph (d) if a licensee on temporary leave license provides emergency social work services. A variance is granted only if the board provides the variance in writing to the licensee. The board may impose conditions or restrictions on the variance.

(f) In making representations of professional status to the public, when holding a temporary leave license, a licensee must state that the license is not active and that the licensee cannot practice social work.

Subd. 1a.

Emeritus inactive license.

(a) A licensee qualifies for an emeritus inactive license if the licensee demonstrates to the satisfaction of the board that the licensee is:

(1) retired from social work practice; and

(2) not engaged in the practice of social work in any setting, including settings in which social workers are exempt from licensure according to section 148E.065.

(b) A licensee with an emeritus inactive license may apply for reactivation according to section 148E.080 only during the four years following the granting of the emeritus inactive license. However, after four years following the granting of the emeritus inactive license, an individual may apply for new licensure according to section 148E.055.

(c) Except as provided in paragraph (d), a licensee who holds an emeritus inactive license must not practice, attempt to practice, offer to practice, or advertise or hold out as authorized to practice social work.

(d) The board may grant a variance to the requirements of paragraph (c) if a licensee on emeritus inactive license provides emergency social work services. A variance is granted only if the board provides the variance in writing to the licensee. The board may impose conditions or restrictions on the variance.

(e) In making representations of professional status to the public, when holding an emeritus inactive license, a licensee must state that the license is not active and that the licensee cannot practice social work.

Subd. 1b.

Emeritus active license.

(a) A licensee qualifies for an emeritus active license if the applicant demonstrates to the satisfaction of the board that the licensee is:

(1) retired from social work practice; and

(2) in compliance with the supervised practice requirements, as applicable, under sections 148E.100 to 148E.125.

(b) A licensee who is issued an emeritus active license is only authorized to engage in:

(1) pro bono or unpaid social work practice as specified in section 148E.010, subdivisions 6 and 11; or

(2) paid social work practice not to exceed 240 clock hours per calendar year, for the exclusive purpose to provide licensing supervision as specified in sections 148E.100 to 148E.125; and

(3) the authorized scope of practice specified in section 148E.050.

(c) An emeritus active license must be renewed according to the requirements specified in section 148E.070, subdivisions 1, 2, 3, 4, and 5.

(d) At the time of license renewal a licensee must provide evidence satisfactory to the board that the licensee has, during the renewal term, completed 20 clock hours of continuing education, including at least two clock hours in ethics, as specified in section 148E.130:

(1) for licensed independent clinical social workers, at least 12 clock hours must be in the clinical content areas specified in section 148E.055, subdivision 5; and

(2) for social workers providing supervision according to sections 148E.100 to 148E.125, at least three clock hours must be in the practice of supervision.

(e) Independent study hours must not consist of more than eight clock hours of continuing education per renewal term.

(f) Failure to renew an active emeritus license on the expiration date will result in an expired license as specified in section 148E.070, subdivision 5.

(g) The board may grant a variance to the requirements of paragraph (b) if a licensee holding an emeritus active license provides emergency social work services. A variance is granted only if the board provides the variance in writing to the licensee. The board may impose conditions or restrictions on the variance.

(h) In making representations of professional status to the public, when holding an emeritus active license, a licensee must state that an emeritus active license authorizes only pro bono or unpaid social work practice, or paid social work practice not to exceed 240 clock hours per calendar year, for the exclusive purpose to provide licensing supervision as specified in sections 148E.100 to 148E.125.

(i) Notwithstanding the time limit and emeritus active license renewal requirements specified in this section, a licensee who possesses an emeritus active license may reactivate the license according to section 148E.080 or apply for new licensure according to section 148E.055.

Subd. 2.

Application.

A licensee may apply for temporary leave license, emeritus inactive license, or emeritus active license:

(1) at any time when currently licensed under section 148E.055, 148E.0555, 148E.0556, or 148E.0557, or when licensed as specified in this section, by submitting an application form required by the board; or

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

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

Subd. 3.

Fee.

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

(b) If an application for temporary leave or emeritus active license is received after the license expiration date, the licensee must pay a renewal late fee as specified in section 148E.180 in addition to the temporary leave fee.

(c) Regardless of when the application for emeritus active license is submitted, the emeritus active license fee is one-half of the renewal fee for the applicable license specified in section 148E.180, subdivision 3, and must accompany the application. A licensee who is approved for emeritus active license before the license expiration date is not entitled to receive a refund for any portion of the license or renewal fee.

Subd. 8.

Disciplinary or other action.

The board may resolve any pending complaints against a licensee before approving an application for an alternate license specified in this section. The board may take action according to sections 148E.255 to 148E.270 against a licensee who is issued an alternate license specified in this section based on conduct occurring before the license is inactive or conduct occurring while the license is effective.

148E.095 LICENSE CERTIFICATE OR CARD.

Subd. 2.

License card.

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

(b) The board must replace a license card when a licensee submits:

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

(2) the license card fee specified in section 148E.180.

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

148E.130 CLOCK HOURS REQUIRED.

Subd. 2.

Ethics requirement.

At least two of the clock hours required under subdivision 1 must be in social work ethics, including at least one of the following:

(1) the history and evolution of values and ethics in social work;

(2) ethics theories;

(3) professional standards of social work practice, as specified in the ethical codes of the National Association of Social Workers, the Association of Canadian Social Workers, the Clinical Social Work Federation, and the Council on Social Work Education;

(4) the legal requirements and other considerations for each jurisdiction that registers, certifies, or licenses social workers; or

(5) the ethical decision-making process.

Subd. 3.

Requirement for LICSW's.

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

Subd. 4.

Requirement for supervisors.

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

Subd. 5.

Independent study.

Independent study must not consist of more than 15 clock hours of continuing education per renewal term. Independent study must be for publication, public presentation, or professional development. Independent study includes, but is not limited to, electronic study. For purposes of subdivision 4, independent study includes consultation or training regarding supervision with a licensed professional who has demonstrated supervisory skills.

Subd. 6.

Coursework.

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

Subd. 7.

Prorated renewal term.

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

148E.135 APPROVAL OF CLOCK HOURS.

Subdivision 1.

Ways of approving clock hours.

The clock hours required under section 148E.130 must be approved in one or more of the following ways:

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

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

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

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

Subd. 2.

Preapproval not required.

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

148E.140 VARIANCES.

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

148E.150 APPROVED CONTINUING EDUCATION PROVIDERS.

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

148E.155 APPROVED CONTINUING EDUCATION PROGRAMS.

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

148E.160 CONTINUING EDUCATION PROGRAMS APPROVED BY BOARD.

Subdivision 1.

Required program content.

In order to be approved by the board, a continuing education program must:

(1) promote the standards of practice described in sections 148E.195 to 148E.240;

(2) contribute to the practice of social work as defined in section 148E.010; and

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

Subd. 2.

Types of continuing education programs.

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

148E.165 CONTINUING EDUCATION REQUIREMENTS OF LICENSEES.

Subdivision 1.

Records retention; licensees.

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

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

(i) the name of the sponsor or presenter of the program;

(ii) the title of the workshop or seminar;

(iii) the dates the licensee participated in the program; and

(iv) the number of clock hours completed;

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

(i) the name of the institution offering the course;

(ii) the title of the course;

(iii) the dates the licensee participated in the course; and

(iv) the number of credits completed;

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

(i) the name of the employer;

(ii) the title of the staff training;

(iii) the dates the licensee participated in the program; and

(iv) the number of clock hours completed; and

(4) for independent study, including electronic study, or consultation or training regarding supervision, a written summary of the activity conducted, including the following information:

(i) the topics covered;

(ii) a description of the applicability of the activity to the licensee's authorized scope of practice;

(iii) the titles and authors of books and articles consulted or the name of the organization offering the activity, or the name and title of the licensed professional consulted regarding supervision;

(iv) the dates the licensee conducted the activity; and

(v) the number of clock hours the licensee conducted the activity.

Subd. 2.

Audits.

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

148E.170 REVOCATION OF CONTINUING EDUCATION APPROVALS.

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

Repealed Minnesota Rule: S2939-1

4664.0003 DEFINITIONS.

Subp. 28.

Occupational therapy.

"Occupational therapy" has the meaning given in Minnesota Statutes, section 148.6402, subdivision 15.