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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