Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 63-S.F.No. 1055
An act relating to occupations and professions;
exempting certain social workers from requirement to
obtain home care provider license; exempting some
social workers employed in a hospital or nursing home
from examination; modifying licensure requirements;
requiring hospital and nursing home social workers to
be licensed; amending Minnesota Statutes 1994,
sections 144A.46, subdivision 2; 148B.23, subdivisions
1 and 2; 148B.27, subdivision 2, and by adding a
subdivision; and 148B.60, subdivision 3; repealing
Minnesota Statutes 1994, sections 148B.23, subdivision
1a; and 148B.28, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 144A.46,
subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.] The following individuals or
organizations are exempt from the requirement to obtain a home
care provider license:
(1) a person who is licensed as a registered nurse under
sections 148.171 to 148.285 and who independently provides
nursing services in the home without any contractual or
employment relationship to a home care provider or other
organization;
(2) a personal care assistant who provides services under
the medical assistance program as authorized under sections
256B.0625, subdivision 19, and 256B.04, subdivision 16;
(3) a person or organization that exclusively offers,
provides, or arranges for personal care assistant services under
the medical assistance program as authorized under sections
256B.0625, subdivision 19, and 256B.04, subdivision 16;
(4) a person who is registered under sections 148.65 to
148.78 and who independently provides physical therapy services
in the home without any contractual or employment relationship
to a home care provider or other organization;
(5) a provider that is licensed by the commissioner of
human services to provide semi-independent living services under
Minnesota Rules, parts 9525.0500 to 9525.0660 when providing
home care services to a person with a developmental disability;
(6) a provider that is licensed by the commissioner of
human services to provide home and community-based services
under Minnesota Rules, parts 9525.2000 to 9525.2140 when
providing home care services to a person with a developmental
disability; or
(7) a person or organization that provides only home
management services, if the person or organization is registered
under section 144A.43, subdivision 3; or
(8) a person who is licensed as a social worker under
sections 148B.18 to 148B.28 and who provides social work
services in the home independently and not through any
contractual or employment relationship with a home care provider
or other organization.
An exemption under this subdivision does not excuse the
individual from complying with applicable provisions of the home
care bill of rights.
Sec. 2. Minnesota Statutes 1994, section 148B.23,
subdivision 1, is amended to read:
Subdivision 1. [EXEMPTION FROM EXAMINATION.] (a) For two
years 12 months from July 1, 1987 1995, the board shall issue a
license without examination to an applicant who:
(1) has received a baccalaureate degree from an accredited
program of social work or from a nationally or regionally
accredited college or university;
(2) after receiving the degree, practiced social work, as
defined by section 148B.18, subdivision 11, in a hospital or a
nursing home licensed under chapters 144 and 144A at some time
between July 1, 1984, and July 1, 1996; and
(3) meets the qualifications for the requested level of
licensure in paragraph (b).
(b) In addition to the requirements in paragraph (a):
(1) for a licensed social worker license, if the board
determines that the applicant has received a baccalaureate
degree from an accredited program of social work, or that the
applicant has at least a baccalaureate degree from an accredited
college or university and two years in full-time employment or
4,000 hours of experience in the supervised practice of social
work within the five years before July 1, 1989, or within a
longer time period as specified by the board the applicant need
not meet further requirements;
(2) for a licensed graduate social worker license, if the
board determines that the applicant has must have received a
master's degree from an accredited program of social work or
doctoral degree in social work; or a master's or doctoral degree
from a graduate program in a human service discipline related to
social work, as approved by the board, from a nationally or
regionally accredited college or university;
(3) for a licensed independent social worker license, if
the board determines that the applicant has must have received a
master's degree from an accredited program of social work or
doctoral degree in social work; or a master's or doctoral degree
from a graduate program in a human service discipline related to
social work, as approved by the board, from a nationally or
regionally accredited college or university; and, after
receiving the degree, has practiced social work for at least two
years in full-time employment or for 4,000 hours of part-time
employment under the supervision of a social worker meeting
these requirements, or of another qualified professional; and
(4) for a licensed independent clinical social
worker license, if the board determines that the applicant has
must have received a master's degree from an accredited program
of social work or doctoral degree in social work; or a master's
or doctoral degree from a graduate program in a human service
discipline related to social work, as approved by the board,
from a nationally or regionally accredited college or
university; and, after receiving the degree, has practiced
clinical social work for at least two years in full-time
employment or for 4,000 hours of part-time employment under the
supervision of a clinical social worker meeting these
requirements, or of another qualified mental health professional.
(b) During the period beginning August 1, 1991, and ending
September 30, 1991, the board shall issue a license without
examination to an applicant who was licensed as a school social
worker by the board of teaching between July 1, 1987, and July
1, 1989. To qualify for a license under this paragraph, the
applicant must:
(1) provide evidence, as determined by the board, of
meeting all other licensure requirements under paragraph (a);
(2) provide evidence, as determined by the board, of
practicing social work between July 1, 1987, and July 1, 1989,
at the level of licensure being applied for;
(3) provide verification, on a form provided by the board,
that the license held with the board of teaching was in good
standing while licensed under their jurisdiction; and
(4) provide a completed application, including all
information required in this paragraph, by September 30, 1991.
(c) The board shall allow an applicant who became licensed
as a school social worker by the board of teaching between July
1, 1989, and July 1, 1990, to take the social work licensure
examination and, upon passing the examination, to receive a
license. To qualify for a license under this paragraph, the
applicant must:
(1) take and pass one of the next two regularly scheduled
social work licensure examinations administered after June 5,
1991;
(2) provide verification, on a form provided by the board,
that the license held with the board of teaching is in good
standing; and
(3) provide a completed application, including all
information required in this paragraph, by the board's
examination application deadline for the February 1992 licensure
examination.
Sec. 3. Minnesota Statutes 1994, section 148B.23,
subdivision 2, is amended to read:
Subd. 2. [OTHER REQUIREMENTS.] An applicant licensed under
this section must also agree to:
(1) engage in social work practice only under the
applicable supervision requirements provided in section 148B.21
for each category of licensees; however, the supervised social
work experience which an applicant licensed as a licensed social
worker must demonstrate under section 148B.21 may have been
obtained before initial licensure; and
(2) conduct all professional activities as a social worker
in accordance with standards for professional conduct
established by the rules of the board by rule.
Sec. 4. Minnesota Statutes 1994, section 148B.27,
subdivision 2, is amended to read:
Subd. 2. [USE OF TITLES.] After the board adopts rules, no
individual shall be presented to the public by any title
incorporating the words "social work" or "social worker" unless
that individual holds a valid license issued under sections
148B.18 to 148B.28. City, county, and state agency social
workers who are not licensed under sections 148B.18 to 148B.28
may use the title city agency social worker or county agency
social worker or state agency social worker. Hospital social
workers who are not licensed under sections 148B.18 to 148B.28
may use the title hospital social worker while acting within the
scope of their employment.
Sec. 5. Minnesota Statutes 1994, section 148B.27, is
amended by adding a subdivision to read:
Subd. 2b. [USE OF HOSPITAL SOCIAL WORKER TITLE.]
Individuals employed as social workers on June 30, 1996, by a
hospital licensed under chapter 144 who do not qualify for
licensure under section 148B.21 or 148B.23, subdivision 1, may
use the title "hospital social worker" for as long as they
continue to be employed by a hospital licensed under chapter 144.
Sec. 6. Minnesota Statutes 1994, section 148B.60,
subdivision 3, is amended to read:
Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR
PRACTITIONER.] "Unlicensed mental health practitioner" or
"practitioner" means a person who provides or purports to
provide, for remuneration, mental health services as defined in
subdivision 4. It does not include persons licensed by the
board of medical practice under chapter 147; the board of
nursing under sections 148.171 to 148.285; the board of
psychology under sections 148.88 to 148.98; the board of social
work under sections 148B.18 to 148B.28; the board of marriage
and family therapy under sections 148B.29 to 148B.39; or another
licensing board if the person is practicing within the scope of
the license; or members of the clergy who are providing pastoral
services in the context of performing and fulfilling the
salaried duties and obligations required of a member of the
clergy by a religious congregation. For the purposes of
complaint investigation or disciplinary action relating to an
individual practitioner, the term includes:
(1) hospital and nursing home social workers exempt from
licensure by the board of social work under section 148B.28,
subdivision 6, including hospital and nursing home social
workers acting within the scope of their employment by the
hospital or nursing home;
(2) persons employed by a program licensed by the
commissioner of human services who are acting as mental health
practitioners within the scope of their employment;
(3) (2) persons employed by a program licensed by the
commissioner of human services who are providing chemical
dependency counseling services; persons who are providing
chemical dependency counseling services in private practice; and
(4) (3) clergy who are providing mental health services
that are equivalent to those defined in subdivision 4.
Sec. 7. [STUDY.]
The board of social work, in consultation with the
Minnesota Hospital Association, shall review the effects of
social worker licensure on rural hospitals and report its
findings to the house health and human services committee and
the senate health care committee by January 15, 1997.
Sec. 8. [EXTENSION OF EXEMPTION FROM EXAMINATION PERIOD.]
From July 1, 1996 to June 30, 1999, the board of social
work may, at its discretion, issue a license without examination
to an applicant who would have qualified for licensure under
section 2 had the person applied between July 1, 1995 and June
30, 1996, and who demonstrates to the board that the applicant
did not have knowledge of the provision for qualifying for
licensure under section 2. The board of social work's
determination as to whether the applicant had knowledge of the
provision for qualifying for licensure under section 2 is final
and is not appealable.
Sec. 9. [REPEALER.]
Minnesota Statutes 1994, sections 148B.23, subdivision 1a;
and 148B.28, subdivision 6, are repealed effective July 1, 1996.
Presented to the governor April 18, 1995
Signed by the governor April 19, 1995, 2:16 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes