Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 460-S.F.No. 2234 
           An act relating to occupations and professions; 
          modifying disciplinary requirements of the board of 
          social work; allowing the issuance of practice 
          permits; clarifying requirements for changes in 
          licensure level; amending Minnesota Statutes 1990, 
          sections 148B.04, by adding a subdivision; 148B.15; 
          148B.18, subdivisions 9 and 12; 148B.21, subdivision 
          2, and by adding subdivisions; 148B.22, subdivision 2; 
          148B.28, subdivision 2; Minnesota Statutes 1991 
          Supplement, sections 148B.04, subdivision 3; 148B.05, 
          subdivision 1; 148B.07, subdivision 3; 148B.08, 
          subdivision 1; and 148B.175, subdivisions 3, 4, 5, and 
          8; proposing coding for new law in Minnesota Statutes, 
          chapter 148B; repealing Minnesota Statutes 1990, 
          section 148B.05, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
148B.04, subdivision 3, is amended to read: 
    Subd. 3.  [INFORMATION ON DISCIPLINARY ACTIONS.] If a board 
imposes disciplinary measures or takes disciplinary action of 
any kind, the name and business address of the licensee, the 
nature of the misconduct, and the action taken by the board, 
including all settlement agreements and other board orders, are 
public data. 
    Sec. 2.  Minnesota Statutes 1990, section 148B.04, is 
amended by adding a subdivision to read: 
    Subd. 5.  [INFORMATION TO THE COMPLAINANT.] The board shall 
furnish to a person who made a complaint a statement of the 
result of an investigation of the complaint and a description of 
the activities and actions of the board relating to the 
complaint. 
    Sec. 3.  Minnesota Statutes 1991 Supplement, section 
148B.05, subdivision 1, is amended to read: 
    Subdivision 1.  [DISCIPLINARY ACTION BY A BOARD.] A 
suspension, revocation, condition, limitation, qualification, or 
restriction of an individual's license or right to practice is 
in effect pending determination of an appeal unless the court, 
upon petition and for good cause shown, orders otherwise.  The 
right to provide services is automatically suspended if (1) a 
guardian of the person of a licensee is appointed by order of a 
probate court pursuant to sections 525.54 to 525.61, for reasons 
other than the minority of the licensee, or (2) the licensee is 
committed by order of a probate court pursuant to chapter 253B 
or sections 526.09 to 526.11.  The right to provide services 
remains suspended until the licensee is restored to capacity by 
a court and, upon petition by the licensee, the suspension is 
terminated by the board after a hearing.  In its discretion, a 
board may restore and reissue permission to provide services, 
but as a condition thereof may impose any disciplinary or 
corrective measure that it might originally have imposed.  
    Sec. 4.  Minnesota Statutes 1991 Supplement, section 
148B.07, subdivision 3, is amended to read: 
    Subd. 3.  [PROFESSIONAL SOCIETIES.] A state or local 
professional society or association for licensees shall 
report forward to the appropriate board any termination, 
revocation, or suspension of membership or any other 
disciplinary action taken against a licensee.  If the society 
has received a complaint that might be grounds for discipline 
under this chapter against a member on which it has not taken 
any disciplinary action, the society shall report the complaint 
and the reason why it has not taken action on it or shall direct 
the complainant to the appropriate board complaint received 
concerning the ethics or conduct of the practice which the board 
regulates.  The society or association shall forward a complaint 
to the appropriate board upon receipt of the complaint.  The 
society or association shall also report to the appropriate 
board any disciplinary action taken against a member.  
    Sec. 5.  Minnesota Statutes 1991 Supplement, section 
148B.08, subdivision 1, is amended to read: 
    Subdivision 1.  [REPORTING.] Any person, health care 
facility, business, or organization is immune from civil 
liability or criminal prosecution for submitting in good faith a 
report under section 148B.07 or for otherwise reporting 
violations or alleged violations of this chapter.  All the 
reports are confidential and absolutely privileged 
communications.  
    Sec. 6.  Minnesota Statutes 1990, section 148B.15, is 
amended to read: 
    148B.15 [DISPUTE RESOLUTION.] 
    Subdivision 1.  [ARBITRATION.] Each board shall encourage 
regulated individuals to submit all fee disputes with clients to 
binding arbitration.  
    Subd. 2.  [MEDIATION.] Each board shall encourage regulated 
individuals to submit all disputes with clients that are not 
related to violations of a code of professional conduct to 
voluntary mediation.  
    Sec. 7.  Minnesota Statutes 1991 Supplement, section 
148B.175, subdivision 3, is amended to read: 
    Subd. 3.  [EXAMINATION.] If a board has probable cause to 
believe that an applicant or licensee has engaged in conduct 
prohibited by section 214.10, or statute or rule enforced by the 
board, it may issue an order directing the applicant or licensee 
to submit to a mental or physical examination or chemical 
dependency evaluation.  For the purpose of this section, every 
applicant or licensee is considered to have consented to submit 
to a mental or physical examination or chemical dependency 
evaluation when ordered to do so in writing by the board and to 
have waived all objections to the admissibility of the 
examiner's or evaluator's testimony or reports on the grounds 
that the testimony or reports constitute a privileged 
communication. 
    Sec. 8.  Minnesota Statutes 1991 Supplement, section 
148B.175, subdivision 4, is amended to read: 
    Subd. 4.  [FAILURE TO SUBMIT TO AN EXAMINATION.] Failure to 
submit to an examination or evaluation when ordered, unless the 
failure was due to circumstances beyond the control of the 
applicant or licensee, constitutes an admission that the 
applicant or licensee violated section 214.10, or statute or 
rule enforced by the board, based on the factual specifications 
in the examination or evaluation order, and may result in an 
application being denied or a default and final disciplinary 
order being entered after a contested case hearing.  The only 
issues to be determined at the hearing are whether the 
designated board member had probable cause to issue the 
examination or evaluation order and whether the failure to 
submit was due to circumstances beyond the control of the 
applicant or licensee.  Neither the record of a proceeding under 
this subdivision nor the orders entered by the board are 
admissible, subject to subpoena, or to be used against the 
applicant or licensee in a proceeding in which the board is not 
a party or decision maker.  Information obtained under this 
subdivision is classified as private under chapter 13 and the 
orders issued by a board as the result of an applicant or 
licensee to submit to an examination or evaluation are 
classified as public. 
    Sec. 9.  Minnesota Statutes 1991 Supplement, section 
148B.175, subdivision 5, is amended to read: 
    Subd. 5.  [ACCESS TO DATA AND RECORDS.] In addition to 
ordering a physical or mental examination or chemical dependency 
evaluation and notwithstanding section 13.42, 144.651, 595.02, 
or any other law limiting access to medical or other health 
records, a board may obtain data and health records relating to 
an applicant or licensee without the applicant's or licensee's 
consent if the board has probable cause to believe that an 
applicant or licensee has engaged in conduct prohibited by 
section 214.10, or statute or rule enforced by the board.  An 
applicant, licensee, insurance company, health care facility, 
provider as defined in section 144.335, subdivision 1, paragraph 
(b), or government agency shall comply with any written request 
of the board under this subdivision and is not liable in any 
action for damages for releasing the data requested by the board 
if the data are released in accordance with a written request 
made under this subdivision, unless the information is false and 
the person or entity giving the information knew or had reason 
to know that the information was false.  Information on 
individuals obtained under this section is investigative data 
under section 13.41. 
    Sec. 10.  Minnesota Statutes 1991 Supplement, section 
148B.175, subdivision 8, is amended to read: 
     Subd. 8.  [AUTOMATIC SUSPENSION.] The right to practice is 
automatically suspended if (1) a guardian of a licensee is 
appointed by order of a probate court under sections 525.54 to 
525.61, or (2) the licensee is committed by order of a probate 
court pursuant to chapter 253B or sections 526.09 to 526.11.  
The right to practice remains suspended until the licensee is 
restored to capacity by a court and, upon petition by the 
licensee, the suspension is terminated by the board after a 
hearing or upon agreement between the board and the 
licensee.  In its discretion, a board may restore and reissue 
permission to provide services, but as a condition of the 
permission may impose a disciplinary or corrective measure that 
it might originally have imposed.  
    Sec. 11.  Minnesota Statutes 1990, section 148B.18, 
subdivision 9, is amended to read: 
    Subd. 9.  [PSYCHOTHERAPY.] "Psychotherapy" in clinical 
social work practice means the application of social work 
theory, methodology, and values in the treatment of a person or 
persons who have cognitive, emotional, behavioral, or social 
dysfunctions through psychosocial, psychological, or 
interpersonal methods.  The treatment is a planned and 
structured program, conducted by a qualified mental health 
professional and which is based on information from a 
differential diagnostic examination assessment, and is directed 
toward the accomplishment of goals provided in a plan of 
care.  Social workers qualified to practice The 
person-in-situation/environment configuration is considered and 
integrated into the diagnosis and treatment.  Psychotherapy 
are may be conducted by licensed independent clinical social 
workers; or and by licensed graduate or licensed independent 
social workers who have training required by section 148B.21, 
subdivision 6, and practice under the supervision of either a 
licensed independent clinical social worker or, if approved by 
the board, by another qualified mental health professional. 
    Sec. 12.  Minnesota Statutes 1990, section 148B.18, 
subdivision 12, is amended to read: 
    Subd. 12.  [SUPERVISION.] "Supervision" means the direction 
of social work practice in face-to-face sessions.  Further 
standards for supervision shall be determined by the social work 
licensing board.  Supervision shall be provided: 
    (1) by a social worker licensed at least at the level of 
the worker being supervised and qualified under section 148B.21 
to practice without supervision, except that a licensed graduate 
social worker may supervise a licensed social worker; or 
    (2) by another qualified professional or qualified mental 
health professional when the social work licensing board 
determines that supervision by a social worker as required in 
clause (1) is unobtainable, and or in other situations 
considered appropriate by the board of social work examiners, by 
another qualified professional. 
    Sec. 13.  Minnesota Statutes 1990, section 148B.21, 
subdivision 2, is amended to read: 
    Subd. 2.  [FEE.] Each applicant shall pay a nonrefundable 
fee set by the board.  Fees paid to the board shall be deposited 
in the general state government special revenue fund. 
    Sec. 14.  Minnesota Statutes 1990, section 148B.21, is 
amended by adding a subdivision to read: 
    Subd. 7.  [ESTABLISHMENT OF CANDIDACY STATUS.] (a) The 
board may issue a practice permit to an applicant in the 
following situations, provided the applicant meets all other 
requirements for licensure: 
    (1) the applicant has applied to take the first examination 
for licensure given by the board following either graduation or 
anticipated graduation from an accredited program of social 
work; or 
    (2) the applicant is licensed or certified to practice 
social work in Minnesota or another jurisdiction, meets the 
requirements in section 148B.24, has or is intending to 
establish a residence in Minnesota before being able to take the 
next examination for licensure given by the board, and has 
applied to take the same examination. 
    (b) The practice permit is valid until the board takes 
final action on the application, which shall occur within 60 
days of the board's receipt of the applicant's examination 
results.  The board, at its discretion, may extend the practice 
permit if the applicant fails to pass or take the examination.  
If the board determines that an extension of the practice permit 
is not warranted, the applicant must cease practicing social 
work immediately. 
    (c) An applicant who obtains a practice permit, and who has 
applied for a level of licensure which requires supervision upon 
licensure, may practice social work only under the supervision 
of a licensed social worker who is eligible to provide 
supervision under section 148B.18, subdivision 12.  The 
applicant's supervisor must provide evidence to the board, 
before the applicant is approved by the board for licensure, 
that the applicant has practiced social work under supervision.  
This supervision will not apply toward the supervision 
requirement required after licensure. 
    Sec. 15.  Minnesota Statutes 1990, section 148B.21, is 
amended by adding a subdivision to read: 
    Subd. 8.  [CHANGE OF LICENSURE LEVEL.] An applicant who 
applies under this section for licensure as a licensed 
independent social worker or a licensed independent clinical 
social worker, and who is licensed at the time of application as 
a licensed graduate social worker, licensed independent social 
worker, or a licensed independent clinical social worker under 
section 148B.23, is not required to meet the educational 
requirement of this section.  The applicant must meet all other 
requirements for licensure at the new level of licensure. 
    Sec. 16.  [148B.215] [CONTESTED CASE HEARING.] 
    An applicant or a licensee who is the subject of an adverse 
action by the board may request a contested case hearing under 
chapter 14.  An applicant or a licensee who desires to request a 
contested case hearing must submit a written request to the 
board within 90 days of receipt of notification of the adverse 
action, or within 90 days of the effective date of this section, 
whichever date occurs later. 
    Sec. 17.  Minnesota Statutes 1990, section 148B.22, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTINUING EDUCATION.] At the time of renewal, 
each licensee shall provide evidence satisfactory to the board 
that the licensee has completed during each three-year two-year 
period at least the equivalent of 45 30 clock hours of 
continuing professional postdegree education in programs 
approved by the board and continues to be qualified to practice 
under sections 148B.18 to 148B.28.  
    Sec. 18.  Minnesota Statutes 1990, section 148B.28, 
subdivision 2, is amended to read: 
    Subd. 2.  [STUDENTS.] Nothing in sections 148B.18 to 
148B.28 shall be construed to prevent students enrolled in an 
accredited program of social work to engage in the practice of 
social work, or to prevent social work practice by individuals 
preparing for licensed independent clinical social work practice 
under qualified supervision in a social work setting.  
    Sec. 19.  [CONTESTED CASE HEARING.] 
    A person who applied for licensure by the board of social 
work under Minnesota Statutes, section 148B.23, who desires to 
contest the board's decision regarding the application must 
submit a written request for a contested case hearing to the 
board of social work by December 31, 1992.  This time limitation 
applies to both applicants who were denied licensure and 
applicants who were licensed at a different level of licensure 
than they requested. 
    Sec. 20.  [REPEALER.] 
    Minnesota Statutes 1990, section 148B.05, subdivision 2, is 
repealed. 
    Sec. 21.  [INSTRUCTION TO REVISOR.] 
    In the next edition of Minnesota Statutes, the revisor 
shall delete the term "social work licensing board" and insert 
"board of social work" where found in Minnesota Statutes, 
sections 148B.18 to 148B.28. 
    Presented to the governor April 14, 1992 
    Signed by the governor April 17, 1992, 9:58 a.m.