Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 193-S.F.No. 457
An act relating to professions; modifying provisions
relating to the board of social work; providing civil
penalties; amending Minnesota Statutes 1996, sections
13.99, subdivision 50; 148B.01, subdivisions 4 and 7;
148B.03; 148B.04, subdivisions 2, 3, and 4; 148B.06,
subdivision 3; 148B.07; 148B.08, subdivision 2;
148B.18, subdivisions 4, 5, 11, and by adding
subdivisions; 148B.19, subdivisions 1, 2, and 4;
148B.20, subdivision 1, and by adding a subdivision;
148B.21, subdivisions 3, 4, 5, 6, 7, and by adding a
subdivision; 148B.215; 148B.22, by adding a
subdivision; 148B.26, subdivision 1, and by adding a
subdivision; 148B.27, subdivisions 1 and 2; and
148B.28, subdivisions 1 and 4; proposing coding for
new law in Minnesota Statutes, chapter 148B; repealing
Minnesota Statutes 1996, sections 148B.01, subdivision
3; 148B.18, subdivisions 6 and 7; 148B.19, subdivision
3; and 148B.23.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 13.99,
subdivision 50, is amended to read:
Subd. 50. [RECORDS OF MENTAL HEALTH AND SOCIAL WORK
DISCIPLINARY ACTION.] The administrative records of disciplinary
action taken by a the board under chapter 148B of social work
are sealed upon judicial review as provided in classified under
section 148B.10 148B.285.
Sec. 2. Minnesota Statutes 1996, section 148B.01,
subdivision 4, is amended to read:
Subd. 4. [BOARD OF MARRIAGE AND FAMILY THERAPY.] "Board of
marriage and family therapy" means the board of marriage and
family therapy established in section 148B.30.
Sec. 3. Minnesota Statutes 1996, section 148B.01,
subdivision 7, is amended to read:
Subd. 7. [LICENSEE.] "Licensee" means a person licensed by
the board of social work or the board of marriage and family
therapy.
Sec. 4. Minnesota Statutes 1996, section 148B.03, is
amended to read:
148B.03 [APPLICABILITY.]
Sections 148B.04 to 148B.17 apply to the board of social
work and the board of marriage and family therapy, and the
licensees within their respective jurisdictions its
jurisdiction, unless superseded by an inconsistent law that
relates specifically to a particular board it.
Sec. 5. Minnesota Statutes 1996, section 148B.04,
subdivision 2, is amended to read:
Subd. 2. [CONTESTED CASE PROCEEDINGS.] Upon application of
a party in a contested case proceeding before a the board, the
board shall produce and permit the inspection and copying, by or
on behalf of the moving party, of any designated documents or
papers relevant to the proceedings, in accordance with rule 34,
Minnesota rules of civil procedure.
Sec. 6. Minnesota Statutes 1996, section 148B.04,
subdivision 3, is amended to read:
Subd. 3. [INFORMATION ON DISCIPLINARY ACTIONS.] If a the
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. 7. Minnesota Statutes 1996, section 148B.04,
subdivision 4, is amended to read:
Subd. 4. [EXCHANGE OF INFORMATION.] The boards board shall
exchange information with other boards, agencies, or departments
within the state, as required under section 214.10, subdivision
8, paragraph (d).
Sec. 8. Minnesota Statutes 1996, section 148B.06,
subdivision 3, is amended to read:
Subd. 3. [INFORMATION REQUIRED.] The boards board shall
require all licensees or applicants to provide their social
security number and Minnesota business identification number on
all license applications. Upon request of the commissioner of
revenue, the board of social work and the board of marriage and
family therapy must provide to the commissioner of revenue a
list of all licensees and applicants, including the name and
address, social security number, and business identification
number. The commissioner of revenue may request a list of the
licensees and applicants no more than once each calendar year.
Sec. 9. Minnesota Statutes 1996, section 148B.07, is
amended to read:
148B.07 [REPORTING OBLIGATIONS.]
Subdivision 1. [PERMISSION TO REPORT.] A person who has
knowledge of any conduct constituting grounds for disciplinary
action relating to licensure or unlicensed practice under this
chapter may report the violation to the appropriate board.
Subd. 2. [INSTITUTIONS.] A state agency, political
subdivision, agency of a local unit of government, private
agency, hospital, clinic, prepaid medical plan, or other health
care institution or organization located in this state shall
report to the appropriate board any action taken by the agency,
institution, or organization or any of its administrators or
medical or other committees to revoke, suspend, restrict, or
condition a licensee's privilege to practice or treat patients
or clients in the institution, or as part of the organization,
any denial of privileges, or any other disciplinary action for
conduct that might constitute grounds for disciplinary action by
a the board under this chapter. The institution or organization
shall also report the resignation of any licensees prior to the
conclusion of any disciplinary action proceeding for conduct
that might constitute grounds for disciplinary action under this
chapter, or prior to the commencement of formal charges but
after the licensee had knowledge that formal charges were
contemplated or in preparation.
Subd. 3. [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A state
or local professional society or association for licensees shall
forward to the appropriate board any 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.
Subd. 4. [LICENSED PROFESSIONALS.] A licensed health
professional shall report to the appropriate board personal
knowledge of any conduct that the licensed health professional
reasonably believes constitutes grounds for disciplinary action
under this chapter by any licensee, including conduct indicating
that the licensee may be medically incompetent, or may be
medically or physically unable to engage safely in the provision
of services. If the information was obtained in the course of a
client relationship, the client is another licensee, and the
treating individual successfully counsels the other individual
to limit or withdraw from practice to the extent required by the
impairment, the board may deem this limitation of or withdrawal
from practice to be sufficient disciplinary action.
Subd. 5. [INSURERS.] Four times each year as prescribed by
a the board, each insurer authorized to sell insurance described
in section 60A.06, subdivision 1, clause (13), and providing
professional liability insurance to licensees, or the medical
joint underwriting association under chapter 62F, shall submit
to the appropriate board a report concerning the licensees
against whom malpractice settlements or awards have been made to
the plaintiff. The report must contain at least the following
information:
(1) the total number of malpractice settlements or awards
made;
(2) the date the malpractice settlements or awards were
made;
(3) the allegations contained in the claim or complaint
leading to the settlements or awards made;
(4) the dollar amount of each malpractice settlement or
award;
(5) the regular address of the practice of the licensee
against whom an award was made or with whom a settlement was
made; and
(6) the name of the licensee against whom an award was made
or with whom a settlement was made.
The insurance company shall, in addition to the above
information, report to the board any information it possesses
that tends to substantiate a charge that a licensee may have
engaged in conduct violating this chapter.
Subd. 6. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the board any judgment or other determination of the court
that adjudges or includes a finding that a licensee is mentally
ill, mentally incompetent, guilty of a felony, guilty of a
violation of federal or state narcotics laws or controlled
substances act, or guilty of an abuse or fraud under Medicare or
Medicaid; or that appoints a guardian of the licensee pursuant
to sections 525.54 to 525.61 or commits a licensee pursuant to
chapter 253B.
Subd. 7. [SELF-REPORTING.] A licensee shall report to
the appropriate board or to the office of mental health practice
any personal action that would require that a report be filed by
any person, health care facility, business, or organization
pursuant to subdivisions 2 to 6.
Subd. 8. [DEADLINES; FORMS.] Reports required by
subdivisions 2 to 7 must be submitted not later than 30 days
after the occurrence of the reportable event or transaction.
The boards board and the office of mental health practice may
provide forms for the submission of reports required by this
section, may require that reports be submitted on the forms
provided, and may adopt rules necessary to assure prompt and
accurate reporting.
Subd. 9. [SUBPOENAS.] The boards board and the office of
mental health practice may issue subpoenas for the production of
any reports required by subdivisions 2 to 7 or any related
documents.
Sec. 10. Minnesota Statutes 1996, section 148B.08,
subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION.] Members of the boards of social
work and marriage and family therapy board and persons employed
by the boards board or engaged in the investigation of
violations and in the preparation and management of charges of
violations of this chapter on behalf of the boards board, are
immune from civil liability and criminal prosecution for any
actions, transactions, or publications in the execution of, or
relating to, their duties under this chapter.
Sec. 11. Minnesota Statutes 1996, section 148B.18, is
amended by adding a subdivision to read:
Subd. 2a. [APPLICANT.] "Applicant" means a person who has
submitted an application, with the appropriate fee, for
licensure by the board.
Sec. 12. Minnesota Statutes 1996, section 148B.18, is
amended by adding a subdivision to read:
Subd. 3a. [CLIENT.] "Client" means an individual, couple,
family, group, organization, or community that receives,
received, or should have received services from an applicant or
a licensee.
Sec. 13. Minnesota Statutes 1996, section 148B.18,
subdivision 4, is amended to read:
Subd. 4. [COUNTY AGENCY SOCIAL WORKER.] "County agency
social worker" means an individual who is employed by a county
social service agency in Minnesota in social work practice or
clinical social work.
Sec. 14. Minnesota Statutes 1996, section 148B.18, is
amended by adding a subdivision to read:
Subd. 4a. [LICENSEE.] "Licensee" means a person licensed
by the board.
Sec. 15. Minnesota Statutes 1996, section 148B.18,
subdivision 5, is amended to read:
Subd. 5. [STATE AGENCY SOCIAL WORKER.] "State agency
social worker" means an individual who is employed by a state
social service agency in Minnesota in social work practice or
clinical social work.
Sec. 16. Minnesota Statutes 1996, section 148B.18,
subdivision 11, is amended to read:
Subd. 11. [SOCIAL WORK PRACTICE.] (a) "Social work
practice" includes is the application of psychosocial social
work theory and, knowledge, methods in the prevention,
treatment, or resolution of social and/or psychological
dysfunction caused by environmental stress, interpersonal or
intrapersonal conflict, physical or mental disorders, or a
combination of these causes, and ethics to restore or enhance
social, psychosocial, or biopsychosocial functioning of
individuals, couples, families, groups, organizations, and
communities, with particular attention to
the person-in-situation person-in-environment configuration.
Social work practice also includes but is not limited to
psychotherapy, which is restricted to social workers qualified
to practice psychotherapy as defined in subdivision 9. For the
following four categories of licensure, social work practice
also includes the following action:
(a) Licensed social workers evaluate and assess
difficulties in psychosocial functioning, develop a treatment
plan to alleviate those difficulties, and either carry it out
themselves or refer clients to other qualified resources for
assistance. Treatment interventions commonly include but are
not limited to psychosocial evaluation; counseling of
individuals, families, and groups; advocacy; referral to
community resources; and facilitation of organizational change
to meet social needs.
(b) Licensed graduate social workers and licensed
independent social workers evaluate and treat more complex
problems in psychosocial functioning. Treatment interventions
include but are not limited to psychosocial evaluation;
counseling of individuals, families, and groups; referral to
community resources; advocacy; facilitation of organizational
change to meet social needs; and psychotherapy when conducted
under supervision as defined in subdivision 12.
(b) For all levels of licensure, social work practice
includes assessment, treatment planning and evaluation, case
management, information and referral, counseling, advocacy,
teaching, research, supervision, consultation, community
organization, and the development, implementation, and
administration of policies, programs, and activities.
(c) For persons licensed at the licensed independent
clinical social workers provide professional services for worker
level, and for persons licensed at either the licensed graduate
social worker or the licensed independent social worker level
who practice social work under the supervision of a licensed
independent clinical social worker, social work practice
includes the diagnosis, and treatment, and prevention of mental
and emotional disorders in individuals, families, and groups,
with the goal of restoring, maintaining, and enhancing social
functioning. The treatment interventions include, but are not
limited to, those listed for licensed graduate and licensed
independent social workers plus of mental and emotional
disorders includes the provision of individual, marital, and
group psychotherapy without supervision. Independent clinical
social work practice may be conducted by independent clinical
social workers in private independent practice or in the employ
of a public or private agency or corporation or other legal
entity.
Social work practice is not medical care nor any other type
of remedial care that may be reimbursed under medical
assistance, chapter 256B, except to the extent such care is
reimbursed under section 256B.0625, subdivision 5, or as
provided under Minnesota Rules, parts 9500.1070, 9500.1020, or
their successor parts.
Sec. 17. [148B.185] [APPLICABILITY.]
Sections 148B.18 to 148B.289 apply to all applicants and
licensees, to all persons practicing social work with clients in
this state, and to persons engaged in the unauthorized practice
of social work.
Sec. 18. Minnesota Statutes 1996, section 148B.19,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The board of social work is
created. The board consists of 11 15 members appointed by the
governor. The members are:
(1) eight ten social workers licensed under sections
148B.18 to 148B.28 148B.289; and
(2) three five public members as defined in section 214.02.
Sec. 19. Minnesota Statutes 1996, section 148B.19,
subdivision 2, is amended to read:
Subd. 2. [QUALIFICATIONS OF BOARD MEMBERS.] Five of the
eight social worker members of the board shall be as follows:
two licensed independent clinical social workers, two licensed
independent social workers, and four licensed social workers
licensed at the baccalaureate level of licensure and five shall
be licensed at the master's level of licensure.
Eight of the social worker members shall be engaged in the
practice of social work in Minnesota in the following settings:
(1) one member shall be engaged in the practice of social
work in a state agency;
(2) one member shall be engaged in the practice of social
work in a county agency;
(3) two members shall be engaged in the practice of social
work in a private agency;
(4) one member shall be engaged in the practice of social
work in a private clinical social work setting;
(5) one member shall be an educator engaged in regular
teaching duties at an accredited program of social work;
(6) one member shall be engaged in the practice of social
work in an elementary, middle, or secondary school, as defined
in section 120.05, and licensed by the board of teaching; and
(7) one member shall be employed in a hospital or nursing
home licensed under chapter 144 or 144A.
In addition, at least three five members shall be
persons with expertise in communities of color and at least four
six members shall reside outside of the seven-county
metropolitan area.
Sec. 20. Minnesota Statutes 1996, section 148B.19,
subdivision 4, is amended to read:
Subd. 4. [OFFICERS AND EXECUTIVE SECRETARY DIRECTOR.] The
board shall annually elect from its membership a chair,
vice-chair, and secretary-treasurer, and shall adopt rules to
govern its proceedings. The board shall appoint and employ an
executive secretary director who is not a member of the board.
Sec. 21. Minnesota Statutes 1996, section 148B.20,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The board of social work shall:
(a) Adopt and enforce rules for licensure of social workers
and for regulation of their professional conduct. The rules
must be designed to protect the public.
(b) Adopt rules establishing standards and methods of
determining whether applicants and licensees are qualified under
sections 148B.21 to 148B.23. The rules must make provision for
examinations and must establish standards for professional
conduct, including adoption of a code of professional ethics and
requirements for continuing education.
(c) Hold examinations at least twice a year to assess
applicants' knowledge and skills. The examinations may be
written or oral and may be administered by the board or by a
body designated by the board. Examinations must test the
knowledge and skills of each of the four groups of social
workers qualified under section 148B.21 to practice social work.
Examinations must minimize cultural bias and must be balanced in
theory.
(d) Issue licenses to individuals qualified under sections
148B.18 to 148B.28 148B.289.
(e) Issue copies of the rules for licensure to all
applicants.
(f) Establish and implement procedures, including a
standard disciplinary process, to ensure that individuals
licensed as social workers will comply with the board's rules.
(g) Establish, maintain, and publish annually a register of
current licensees.
(h) Establish initial and renewal application and
examination fees sufficient to cover operating expenses of the
board and its agents.
(i) Educate the public about the existence and content of
the rules for social work licensing to enable consumers to file
complaints against licensees who may have violated the rules.
(j) (i) Evaluate its rules in order to refine the standards
for licensing social workers and to improve the methods used to
enforce the board's standards.
Sec. 22. Minnesota Statutes 1996, section 148B.20, is
amended by adding a subdivision to read:
Subd. 3. [DUTIES OF THE BOARD.] The board shall by rule
establish fees, including late fees, for licenses and renewals
so that the total fees collected by the board will as closely as
possible equal anticipated expenditures during the fiscal
biennium, as provided in section 16A.1285. Fees must be
credited to accounts in the special revenue fund.
Sec. 23. Minnesota Statutes 1996, section 148B.21,
subdivision 3, is amended to read:
Subd. 3. [SOCIAL WORKER.] To be licensed as a social
worker, an applicant must provide evidence satisfactory to the
board that the applicant:
(1) has received a baccalaureate degree from an accredited
program of social work;
(2) has passed the examination provided for in section
148B.20, subdivision 1;
(3) will engage in social work practice only under
supervision as defined in section 148B.18, subdivision 12, for
at least two years in full-time employment or 4,000 hours of
part-time employment;
(4) will conduct all professional activities as a social
worker in accordance with standards for professional conduct
established by the statutes and the rules of the board; and
(5) has not engaged in conduct warranting a disciplinary
action against a licensee. If the applicant has engaged in
conduct warranting disciplinary action against a licensee, the
board may issue a license only on the applicant's showing that
the public will be protected through the issuance of a license
with conditions or limitations approved by the board.
Sec. 24. Minnesota Statutes 1996, section 148B.21,
subdivision 4, is amended to read:
Subd. 4. [GRADUATE SOCIAL WORKER.] To be licensed as a
graduate social worker, an applicant must provide evidence
satisfactory to the board that the applicant:
(1) has received a master's degree from an accredited
program of social work or doctoral degree in social work;
(2) has passed the examination provided for in section
148B.20, subdivision 1;
(3) will engage in social work practice only under
supervision as defined in section 148B.18, subdivision 12;
(4) will conduct all professional activities as a graduate
social worker in accordance with standards for professional
conduct established by the statutes and rules of the board; and
(5) has not engaged in conduct warranting a disciplinary
action against a licensee. If the applicant has engaged in
conduct warranting disciplinary action against a licensee, the
board may issue a license only on the applicant's showing that
the public will be protected through the issuance of a license
with conditions or limitations approved by the board.
Sec. 25. Minnesota Statutes 1996, section 148B.21,
subdivision 5, is amended to read:
Subd. 5. [INDEPENDENT SOCIAL WORKER.] To be licensed as an
independent social worker, an applicant must provide evidence
satisfactory to the board that the applicant:
(1) has received a master's degree from an accredited
program of social work or doctoral degree in social work;
(2) has passed the examination provided for in section
148B.20, subdivision 1;
(3) has practiced social work for at least two years in
full-time employment or 4,000 hours of part-time employment
under supervision as defined in section 148B.18, subdivision 12,
after receiving the master's or doctoral degree in social work;
(4) will conduct all professional activities as an
independent social worker in accordance with standards for
professional conduct established by the statutes and rules of
the board; and
(5) has not engaged in conduct warranting a disciplinary
action against a licensee. If the applicant has engaged in
conduct warranting disciplinary action against a licensee, the
board may issue a license only on the applicant's showing that
the public will be protected through the issuance of a license
with conditions or limitations approved by the board.
Sec. 26. Minnesota Statutes 1996, section 148B.21,
subdivision 6, is amended to read:
Subd. 6. [INDEPENDENT CLINICAL SOCIAL WORKER.] To be
licensed as an independent clinical social worker, an applicant
must provide evidence satisfactory to the board that the
applicant:
(1) has received a master's degree from an accredited
program of social work, or doctoral degree in social work, that
included an advanced concentration of clinically oriented course
work as defined by the board and a supervised clinical field
placement at the graduate level, or post-master's clinical
training that is found by the board to be equivalent to that
course work and field placement;
(2) has practiced clinical social work for at least two
years in full-time employment or 4,000 hours of part-time
employment under supervision as defined in section 148B.18,
subdivision 12, after receiving the master's or doctoral degree
in social work;
(3) has passed the examination provided for in section
148B.20, subdivision 1;
(4) will conduct all professional activities as an
independent clinical social worker in accordance with standards
for professional conduct established by the statutes and rules
of the board; and
(5) has not engaged in conduct warranting a disciplinary
action against a licensee. If the applicant has engaged in
conduct warranting disciplinary action against a licensee, the
board may issue a license only on the applicant's showing that
the public will be protected through the issuance of a license
with conditions or limitations approved by the board.
Sec. 27. Minnesota Statutes 1996, section 148B.21, is
amended by adding a subdivision to read:
Subd. 6a. [BACKGROUND CHECKS.] The board shall request a
criminal history background check from the superintendent of the
bureau of criminal apprehension on all applicants for initial
licensure. An application for a license under this section must
be accompanied by an executed criminal history consent form and
the fee for conducting the criminal history background check.
Sec. 28. Minnesota Statutes 1996, section 148B.21,
subdivision 7, is amended to read:
Subd. 7. [ESTABLISHMENT OF CANDIDACY STATUS TEMPORARY
PERMIT.] (a) The board may issue a practice temporary permit to
practice social work 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 passed the licensure examination
and the applicant's accredited program of social work; or has
submitted an affidavit on a form provided by the board verifying
the applicant's completion of the requirements for a degree.
The affidavit must be submitted within 15 days of the date of
completion of the degree requirements. The temporary permit
under this clause is valid for six months, or until a license is
issued, whichever comes first, and is nonrenewable;
(2) the applicant is licensed or certified to practice
social work in Minnesota or another jurisdiction, meets the
requirements in section 148B.24, is intending to establish a
practice in Minnesota before being able to take the next
examination for licensure given by the board, and has applied to
take the same examination. has applied for licensure under
section 148B.24 and the board determines that the applicant must
pass the licensure examination before being licensed. The
temporary permit under this clause is valid if the applicant
passes the examination and completes the licensure process
within the time periods specified by the board, and is
nonrenewable; or
(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.
(3) the applicant has passed the licensure examination, has
graduated from a program of social work in candidacy status with
the Council on Social Work Education, and the program of social
work has submitted an affidavit on a form provided by the board
verifying the applicant's completion of the requirements for a
degree. The affidavit must be submitted within 15 days of the
date of completion of the degree requirements. The temporary
permit under this clause is valid for six months, and may be
extended at the board's discretion upon a showing that the
social work program remains in good standing with the Council on
Social Work Education. If the board receives notice from the
Council on Social Work Education that the program of social work
is not in good standing or that accreditation will not be
granted to the program of social work, then the temporary permit
shall be invalid immediately and the applicant shall not qualify
for licensure.
(c) (b) An applicant who obtains a practice temporary
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.
(c) A temporary permit is nonrenewable.
Sec. 29. Minnesota Statutes 1996, section 148B.215, is
amended to read:
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 the date on which the board
mailed the notification of the adverse action, or within 90 days
of August 1, 1992, whichever date occurs later.
Sec. 30. Minnesota Statutes 1996, section 148B.22, is
amended by adding a subdivision to read:
Subd. 3. [BACKGROUND CHECKS.] The board shall request a
criminal history background check from the superintendent of the
bureau of criminal apprehension on all licensees under its
jurisdiction who did not complete a criminal history background
check as part of an application for initial licensure. This
background check is a one-time requirement. An application for
a license under this section must be accompanied by an executed
criminal history consent form and the fee for conducting the
criminal history background check.
Sec. 31. Minnesota Statutes 1996, section 148B.26,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS.] The following conduct is grounds
for the board may refuse to renew or to grant a license to, or
may suspend, revoke, or restrict the license of an individual
whom the board, after a hearing under the contested case
provisions of chapter 14, determines:
(1) is incompetent to engage in social work practice, is
found to be engaged in social work practice in a manner harmful
or dangerous to a client or to the public, or is found to have
engaged in unprofessional conduct, as established by statute,
rule, or a consensus of expert social work opinion as reasonably
necessary for the protection of the public interest;
(2) has violated the rules of the board, the statutes the
board is empowered to enforce, or any other law that is related
to the practice of social work;
(3) has obtained or attempted to obtain a license or
license renewal by bribery or fraudulent representation; or
(4) has knowingly made a false statement on a form required
by the board for licensing or license renewal. to deny the
application for or the renewal of a temporary permit or license,
to take disciplinary or other action against a license as
provided for in section 148B.281, or to take corrective action
against a licensee as provided for in chapter 214:
(1) engaging in any conduct which violates any statute or
rule enforced by the board, or any other law that is related to
the practice of social work;
(2) violating any order issued by the board;
(3) practicing outside the scope of practice authorized by
this chapter for each level of licensure;
(4) failing to demonstrate the qualifications or satisfy
the requirements for licensure, with the burden of proof on the
applicant to demonstrate the qualifications or the satisfaction
of the requirements;
(5) obtaining a temporary permit, license, or license
renewal by fraud, bribery, or cheating, or attempting to subvert
the examination process;
(6) making a false statement or misrepresentation to the
board;
(7) having been the subject of revocation, suspension, or
surrender of a social work or related license or of other
adverse action related to a social work or related license in
another jurisdiction or country;
(8) failing to report the revocation, suspension, or
surrender of a social work or related license or other adverse
action related to a social work or related license in another
jurisdiction or country, failing to report that a complaint or
other charges regarding the person's license have been brought
in this or another jurisdiction or country, or having been
refused a license by any other jurisdiction or country;
(9) engaging in unprofessional conduct or any other conduct
which has the potential for causing harm to the public,
including any departure from or failure to conform to the
minimum standards of acceptable and prevailing practice without
actual injury having to be established;
(10) engaging in unethical conduct or conduct likely to
deceive, defraud, or harm the public, demonstrating a willful or
careless disregard for the health, welfare, or safety of a
client, or engaging in a practice which is professionally
incompetent with proof of actual injury not having to be
established;
(11) being adjudicated by a court of competent
jurisdiction, within or without this state, as incapacitated,
mentally incompetent or mentally ill, chemically dependent,
mentally ill and dangerous to the public, or a psychopathic
personality;
(12) being unable to practice with reasonable skill and
safety by reason of illness, use of alcohol, drugs, chemicals or
any other materials, or as a result of any mental or physical
condition;
(13) engaging in improper or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws;
(14) obtaining money, property, or services from a client
through the use of undue influence, harassment, duress,
deception, or fraud or through the improper use of a
professional position;
(15) engaging in sexual contact, as defined in section
148A.01, with a client or conduct that is or may reasonably be
interpreted by the client as sexual, engaging in verbal behavior
that is or may be reasonably be interpreted as sexually
seductive or sexually demeaning to a client, or engaging in
conduct that violates section 617.23;
(16) being convicted, including a finding or verdict of
guilt, whether or not the adjudication of guilt is withheld or
not entered, an admission of guilt, or a no contest plea, of a
crime against a minor;
(17) being convicted, including a finding or verdict of
guilt, whether or not the adjudication of guilt is withheld or
not entered, an admission of guilt, or a no contest plea of a
felony, gross misdemeanor, or misdemeanor reasonably related to
the practice of social work, as evidenced by a certified copy of
the conviction;
(18) engaging in an unfair discriminatory practice
prohibited by chapter 363 of an employee of the applicant,
licensee, or facility in which the applicant or licensee
practices;
(19) engaging in false, fraudulent, deceptive, or
misleading advertising; or
(20) revealing a privileged communication from or relating
to a client except when otherwise required or permitted by law.
Sec. 32. Minnesota Statutes 1996, section 148B.26, is
amended by adding a subdivision to read:
Subd. 4. [CONDUCT BEFORE LICENSURE.] The board's
jurisdiction to exercise its powers as provided for in
subdivision 1 extends to an applicant's or licensee's conduct
that occurred prior to licensure, if the conduct fell below
minimum standards for the practice of social work at the time
the conduct occurred or the conduct continues to affect the
applicant's or licensee's present ability to practice social
work in conformity with this chapter and the board's rules.
Sec. 33. Minnesota Statutes 1996, section 148B.27,
subdivision 1, is amended to read:
Subdivision 1. [PRACTICE.] After the board adopts rules,
No individual shall engage in social work practice unless that
individual holds a valid temporary permit or a license as a
licensed social worker, licensed graduate social worker,
licensed independent social worker, or licensed independent
clinical social worker.
Sec. 34. Minnesota Statutes 1996, 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 temporary permit or a license
issued under sections 148B.18 to 148B.28 148B.289. City,
county, and state agency social workers who are not licensed
under sections 148B.18 to 148B.28 148B.289 may use only the
title city agency social worker or county agency social worker
or state agency social worker.
Sec. 35. Minnesota Statutes 1996, section 148B.28,
subdivision 1, is amended to read:
Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections
148B.18 to 148B.28 148B.289 shall be construed to prevent
members of other professions or occupations from performing
functions for which they are qualified or licensed. This
exception includes but is not limited to licensed physicians;
registered nurses; licensed practical nurses; psychological
practitioners; probation officers; members of the clergy;
attorneys; marriage and family therapists; chemical dependency
counselors; professional counselors; school counselors; and
registered occupational therapists or certified occupational
therapist assistants. These persons must not, however, hold
themselves out to the public by any title or description stating
or implying that they are engaged in the practice of social
work, or that they are licensed to engage in the practice of
social work. Persons engaged in the practice of social work are
not exempt from the board's jurisdiction solely by the use of
one of the above titles.
Sec. 36. Minnesota Statutes 1996, section 148B.28,
subdivision 4, is amended to read:
Subd. 4. [CITY, COUNTY, AND STATE AGENCY SOCIAL WORKERS.]
The licensing of city, county, and state agency social workers
shall be voluntary. City, county, and state agencies employing
social workers shall not be required to employ licensed social
workers, nor shall they require their social worker employees to
be licensed.
Sec. 37. [148B.281] [COMPLAINTS; INVESTIGATION AND
HEARING.]
Subdivision 1. [DISCOVERY; SUBPOENAS.] In all matters
relating to its lawful regulatory activities, the board may
issue subpoenas and compel the attendance of witnesses and the
production of all necessary papers, books, records, documents,
and other evidentiary material. Any person failing or refusing
to appear to testify regarding any matter about which the person
may be lawfully questioned or failing to produce any papers,
books, records, documents, or other evidentiary materials in the
matter to be heard, after having been required by order of the
board or by a subpoena of the board to do so may, upon
application to the district court in any district, be ordered to
comply with the subpoena or order. Any board member may
administer oaths to witnesses or take their affirmation.
Depositions may be taken within or without the state in the
manner provided by law for the taking of depositions in civil
actions. A subpoena or other process or paper may be served
upon a person it names anywhere within the state by any officer
authorized to serve subpoenas or other process or paper in civil
actions in the same manner as prescribed by law for service of
process issued out of the district court of this state.
Subd. 2. [CLASSIFICATION OF DATA.] The board shall
maintain any records, other than client records, obtained as
part of an investigation, as investigative data under section
13.41. Client records are classified as private under chapter
13, and must be protected as such in the records of the board
and in administrative or judicial proceedings unless the client
authorizes the board in writing to make public the identity of
the client or a portion or all of the client's records.
Subd. 3. [EXAMINATION.] If the board has probable cause to
believe that an applicant or licensee has engaged in conduct
prohibited by chapter 214 or a 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.
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 chapter 214 or a 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 without the taking of testimony or other
evidence. If a contested case hearing is requested, 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 the board as the result of an applicant's or a
licensee's failure to submit to an examination or evaluation are
classified as public.
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, the 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 chapter 214 or a 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.
Subd. 6. [FORMS OF DISCIPLINARY ACTION.] When grounds for
disciplinary action exist under chapter 214 or a statute or rule
enforced by the board, it may take one or more of the following
disciplinary actions:
(1) deny the right to practice;
(2) revoke the right to practice;
(3) suspend the right to practice;
(4) impose limitations on the practice of the licensee;
(5) impose conditions on the practice of the licensee;
(6) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the licensee of any economic advantage gained
by reason of the violation charged, or to discourage repeated
violations;
(7) impose a fee to reimburse the board for all or part of
the cost of the proceedings resulting in disciplinary action
including, but not limited to, the amount paid by the board for
services from the office of administrative hearings, attorney
fees, court reporters, witnesses, reproduction of records, board
members' per diem compensation, board staff time, and expense
incurred by board members and staff;
(8) censure or reprimand the licensee;
(9) require the passing of the examination provided for in
section 148B.20, subdivision 1; or
(10) take any other action justified by the facts of the
case.
Subd. 7. [CENSURE OR REPRIMAND.] (a) In addition to the
board's authority to issue a censure or a reprimand to a
licensee, a designated board member reviewing a complaint as
provided for in chapter 214 may issue a censure or a reprimand
to a licensee. The censure or reprimand shall notify the
licensee that the censure or reprimand will become final
disciplinary action unless the licensee requests a hearing
within 14 days.
(b) If the licensee requests a timely hearing, the
committee shall either schedule a hearing or withdraw the
censure or reprimand. The hearing shall be de novo before the
board, provided that the designated board member who issued the
censure or reprimand shall not deliberate or vote. Evidence
shall be received only in form of affidavits or other documents
except for testimony by the licensee or other witnesses whose
testimony the board chair has authorized for good cause. If
testimony is authorized, it shall be subject to
cross-examination. After the hearing, the board shall affirm or
dismiss the censure or reprimand, or direct the committee to
initiate a contested case proceeding pursuant to chapter 14.
Subd. 8. [TEMPORARY SUSPENSION.] In addition to any other
remedy provided by law, the board may, acting through its
designated board member and without a hearing, temporarily
suspend the right of a licensee to practice if the board member
finds that the licensee has violated a statute or rule that the
board is empowered to enforce and that continued practice by the
licensee would create a serious risk of harm to others. The
suspension is in effect upon service of a written order on the
licensee specifying the statute or rule violated. The order
remains in effect until the board issues a final order in the
matter after a hearing or upon agreement between the board and
the licensee. Service of the order is effective if the order is
served on the licensee or counsel of record personally or by
first class mail to the most recent address provided to the
board for the licensee or the counsel of record. Within ten
days of service of the order, the board shall hold a hearing
before its own members on the sole issue of whether there is a
reasonable basis to continue, modify, or lift the suspension.
Evidence presented by the board or licensee may be in affidavit
form only. The licensee or the counsel of record may appear for
oral argument. Within five working days after the hearing, the
board shall issue its order and, if the suspension is continued,
schedule a contested case hearing within 45 days after issuance
of the order. The administrative law judge shall issue a report
within 30 days after closing of the contested case hearing
record. The board shall issue a final order within 30 days
after receipt of that report.
Subd. 9. [AUTOMATIC SUSPENSION; RESTORATION.] The right to
practice is automatically suspended if (1) a guardian of a
licensee is appointed by order of a court under sections 525.54
to 525.61, or (2) the licensee is committed by order of a court
pursuant to chapter 253B. 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, the 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.
Subd. 10. [ADDITIONAL REMEDIES.] The board may in its own
name issue a cease and desist order to stop a person from
engaging in an unauthorized practice or violating or threatening
to violate a statute, rule, or order which the board has issued
or is empowered to enforce. The cease and desist order must
state the reason for its issuance and give notice of the
person's right to request a hearing under sections 14.57 to
14.62. If, within 15 days of service of the order, the subject
of the order fails to request a hearing in writing, the order is
the final order of the board and is not reviewable by a court or
agency.
A hearing must be initiated by the board not later than 30
days from the date of the board's receipt of a written hearing
request. Within 30 days of receipt of the administrative law
judge's report, the board shall issue a final order modifying,
vacating, or making permanent the cease and desist order as the
facts require. The final order remains in effect until modified
or vacated by the board.
When a request for a stay accompanies a timely hearing
request, the board may, in its discretion, grant the stay. If
the board does not grant a requested stay, it shall refer the
request to the office of administrative hearings within three
working days of receipt of the request. Within ten days after
receiving the request from the board, an administrative law
judge shall issue a recommendation to grant or deny the stay.
The board shall grant or deny the stay within five days of
receiving the administrative law judge's recommendation.
In the event of noncompliance with a cease and desist
order, the board may institute a proceeding in Ramsey county
district court to obtain injunctive relief or other appropriate
relief, including a civil penalty payable to the board not
exceeding $10,000 for each separate violation.
Subd. 11. [INJUNCTIVE RELIEF.] In addition to any other
remedy provided by law, including the issuance of a cease and
desist order under subdivision 1, the board may in its own name
bring an action in Ramsey county district court for injunctive
relief to restrain any unauthorized practice or violation or
threatened violation of any statute, rule, or order which the
board is empowered to regulate, enforce, or issue. A temporary
restraining order must be granted in the proceeding if continued
activity by a licensee would create a serious risk of harm to
others. The board need not show irreparable harm.
Subd. 12. [ADDITIONAL POWERS.] The issuance of a cease and
desist order or injunctive relief granted under this section
does not relieve a licensee from criminal prosecution by a
competent authority or from disciplinary action by the board.
Nothing in this section limits the board's authority to seek
injunctive relief under section 214.11.
Subd. 13. [PENDING APPEAL.] 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.
Sec. 38. [148B.282] [PROFESSIONAL COOPERATION.]
An applicant or a licensee who is the subject of an
investigation, or who is questioned in connection with an
investigation, by or on behalf of the board shall cooperate
fully with the investigation. Cooperation includes responding
fully and promptly to any question raised by or on behalf of the
board relating to the subject of the investigation, providing
copies of client and other records in the applicant's or
licensee's possession relating to the matter under investigation
and executing releases for records, as reasonably requested by
the board, and appearing at conferences or hearings scheduled by
the board. The board shall pay for copies requested. The board
shall be allowed access to any records of a client provided
services by the applicant or licensee under review. If the
client has not signed a consent permitting access to the
client's records, the applicant or licensee shall delete any
data in the record that identifies the client before providing
them to the board. The board shall maintain any records
obtained pursuant to this section as investigative data pursuant
to chapter 13.
Sec. 39. [148B.283] [REPORTING OBLIGATIONS.]
Subdivision 1. [PERMISSION TO REPORT.] A person who has
knowledge of any conduct by an applicant or a licensee which may
constitute grounds for disciplinary action under this chapter or
the rules of the board or of any unlicensed practice under this
chapter may report the violation to the board.
Subd. 2. [INSTITUTIONS.] A state agency, political
subdivision, agency of a local unit of government, private
agency, hospital, clinic, prepaid medical plan, or other health
care institution or organization located in this state shall
report to the board any action taken by the agency, institution,
or organization or any of its administrators or medical or other
committees to revoke, suspend, restrict, or condition an
applicant's or a licensee's privilege to practice or treat
patients or clients in the institution, or as part of the
organization, any denial of privileges, or any other
disciplinary action for conduct that might constitute grounds
for disciplinary action by the board under this chapter. The
institution or organization shall also report the resignation of
any applicants or licensees prior to the conclusion of any
disciplinary action proceeding for conduct that might constitute
grounds for disciplinary action under this chapter, or prior to
the commencement of formal charges but after the applicant or
licensee had knowledge that formal charges were contemplated or
in preparation.
Subd. 3. [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A state
or local professional society or association for licensees shall
forward to the board any complaint received concerning the
ethics or conduct of the practice which the board regulates.
The society or association shall forward a complaint to the
board upon receipt of the complaint. The society or association
shall also report to the board any disciplinary action taken
against a member.
Subd. 4. [LICENSED PROFESSIONALS.] (a) A licensed health
professional shall report to the board information on the
following conduct by an applicant or a licensee:
(1) sexual contact or sexual conduct with a client or a
former client;
(2) failure to make reports required by section 626.556 or
626.557;
(3) impairment in the ability to practice by reason of
illness, use of alcohol, drugs, or other chemicals, or as a
result of any mental or physical condition;
(4) improper or fraudulent billing practices, including
violations of the federal Medicare and Medicaid laws or state
medical assistance laws;
(5) fraud in the licensure application process or any other
false statements made to the board;
(6) conviction of a felony reasonably related to the
practice of social work, including conviction of the
psychotherapist sex crimes in chapter 609; and
(7) a violation of a board order.
(b) A licensed health professional shall also report to the
board information on any other conduct by an applicant or a
licensee that constitutes grounds for disciplinary action under
this chapter or the rules of the board when the licensed health
professional reasonably believes, after appropriate assessment,
that the client's functioning has been or likely will be
affected negatively by the conduct, regardless of whether the
conduct has ceased.
(c) Notwithstanding paragraphs (a) and (b), a licensed
health professional shall report to the board knowledge of any
actions which institutions must report under subdivision 2.
Subd. 5. [REPORTING OTHER LICENSED PROFESSIONALS.] An
applicant or a licensee shall report to the appropriate board
conduct by a licensed health professional which would constitute
grounds for disciplinary action under the chapter governing the
practice of the other licensed health professional and which is
required by law to be reported to the same board.
Subd. 6. [INSURERS AND OTHER ENTITIES MAKING LIABILITY
PAYMENTS.] (a) Four times each year as prescribed by the board,
each insurer authorized to sell insurance described in section
60A.06, subdivision 1, clause (13), and providing professional
liability insurance to licensees, or the medical joint
underwriting association under chapter 62F, shall submit to the
board a report concerning the licensees against whom malpractice
settlements or awards have been made to the plaintiff. The
report must contain at least the following information:
(1) the total number of malpractice settlements or awards
made;
(2) the date the malpractice settlements or awards were
made;
(3) the allegations contained in the claim or complaint
leading to the settlements or awards made;
(4) the dollar amount of each malpractice settlement or
award;
(5) the regular address of the practice of the licensee
against whom an award was made or with whom a settlement was
made; and
(6) the name of the licensee against whom an award was made
or with whom a settlement was made.
(b) A medical clinic, hospital, political subdivision, or
other entity which makes professional liability insurance
payments on behalf of applicants or licensees shall submit to
the board a report concerning malpractice settlements or awards
paid on behalf of applicants or licensees, and any settlements
or awards paid by a clinic, hospital, political subdivision, or
other entity on its own behalf because of care rendered by
applicants or licensees. This requirement excludes forgiveness
of bills. The report shall be made to the board within 30 days
of payment of all or part of any settlement or award.
(c) The insurance company or other entity making
professional liability insurance payments shall, in addition to
the information in paragraph (b), report to the board any
information it possesses that tends to substantiate a charge,
including the factual data underlying a settlement, that an
applicant or a licensee may have engaged in conduct violating
this chapter.
Subd. 7. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the board any judgment or other determination of the court
that adjudges or includes a finding that an applicant or a
licensee is mentally ill, mentally incompetent, guilty of a
felony, guilty of a violation of federal or state narcotics laws
or controlled substances act, or guilty of an abuse or fraud
under Medicare or Medicaid; or that appoints a guardian of the
applicant or licensee pursuant to sections 525.54 to 525.61 or
commits an applicant or a licensee pursuant to chapter 253B.
Subd. 8. [SELF-REPORTING.] An applicant or a licensee
shall report to the board any personal action that would require
that a report be filed by any person, health care facility,
business, or organization pursuant to subdivisions 2 to 7.
Subd. 9. [DEADLINES; FORMS.] Reports required by
subdivisions 2 to 8 must be submitted not later than 30 days
after the occurrence of the reportable event or transaction.
The board may provide forms for the submission of reports
required by this section, may require that reports be submitted
on the forms provided, and may adopt rules necessary to assure
prompt and accurate reporting.
Subd. 10. [SUBPOENAS.] The board may issue subpoenas for
the production of any reports required by subdivisions 2 to 8 or
any related documents.
Sec. 40. [148B.284] [IMMUNITY.]
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.283 or for otherwise reporting,
providing information, or testifying about violations or alleged
violations of this chapter. The reports are classified under
section 13.41.
Subd. 2. [INVESTIGATION.] Board members and employees;
persons engaged on behalf of the board in the investigation of
violations and in the preparation, presentation, and management
of and testimony pertaining to charges of violations; and
persons engaged in monitoring compliance with statutes, rules,
board orders, or corrective action agreements are immune from
civil liability and criminal prosecution for any actions,
transactions, or publications in the execution of, or relating
to, their duties under this chapter.
Sec. 41. [148B.285] [DISCLOSURE.]
Subdivision 1. [CONTESTED CASE PROCEEDINGS.] (a) Upon
application of a party in a board hearing or a contested case
hearing before the board, the board shall produce and permit the
inspection and copying, by or on behalf of the moving party, of
any designated documents or papers relevant to the proceedings,
in accordance with rule 34, Minnesota rules of civil procedure.
(b) The board hearing or contested case hearing shall be
open to the public, except that the board or administrative law
judge shall close the hearing for testimony by clients, and
testimony and argument about clients.
(c) Notwithstanding section 13.41, information which may
identify a client, client records, and licensee health records
are private data during the contested case hearing, as part of
the hearing record, and as part of any appellate or other court
record.
(d) Clients may waive the protections afforded by this
subdivision.
Subd. 2. [INFORMATION ON DISCIPLINARY ACTIONS.] If the
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.
Subd. 3. [EXCHANGE OF INFORMATION.] The board shall
exchange information with other boards, agencies, or departments
within the state, as required under section 214.10, subdivision
8, paragraph (d).
Subd. 4. [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.
Subd. 5. [CLASSIFICATION OF CERTAIN RESIDENCE ADDRESSES
AND TELEPHONE NUMBERS.] Notwithstanding section 13.41,
subdivision 2 or 4, the residence address and telephone number
of an applicant or licensee are private data on individuals as
defined in section 13.02, subdivision 12, if the applicant or
licensee so requests and provides an alternative address and
telephone number.
Subd. 6. [PUBLICATION OF DISCIPLINARY ACTIONS.] At least
annually, each board shall publish and release to the public a
description of all disciplinary measures or actions taken by the
board. The publication must include, for each disciplinary
measure or action taken, the name and business address of the
licensee, the nature of the misconduct, and the measure or
action taken by the board.
Sec. 42. [148B.286] [PROFESSIONAL ACCOUNTABILITY.]
Subdivision 1. [INVESTIGATION.] The board shall maintain
and keep current a file containing the reports and complaints
filed against applicants or licensees within the board's
jurisdiction. Each complaint filed with the board pursuant to
chapter 214 must be investigated according to chapter 214. If
the files maintained by the board show that a malpractice
settlement or award to the plaintiff has been made against an
applicant or a licensee as reported by insurers under section
148B.283, the executive director of the board shall notify the
board and the board may authorize a review of the provider's
practice.
Subd. 2. [ATTORNEY GENERAL INVESTIGATES.] When the board
initiates a review of an applicant's or a licensee's practice it
shall notify the attorney general who shall investigate the
matter in the same manner as provided in chapter 214. If an
investigation is to be made, the attorney general shall notify
the applicant or licensee, and, if the incident being
investigated occurred there, the administrator and chief of
staff at the health care facilities or clinics in which the
professional serves, if applicable.
Subd. 3. [ACCESS TO RECORDS.] The board shall be allowed
access to any records of a client provided services by the
applicant or licensee under review. If the client has not
signed a consent permitting access, the applicant, licensee, or
custodian of the records shall first delete the client's name or
other client identifiers before providing the records to the
board.
Sec. 43. [148B.287] [MALPRACTICE HISTORY.]
Subdivision 1. [SUBMISSION.] Licensees or applicants for
licensure who have previously practiced in another state shall
submit with their application the following information:
(1) number, date, and disposition of any malpractice
settlement or award made relating to the quality of services
provided by the licensee or applicant; and
(2) number, date, and disposition of any civil litigations
or arbitrations relating to the quality of services provided by
the licensee or applicant in which the party complaining against
the licensee or applicant prevailed or otherwise received a
favorable decision or order.
Subd. 2. [BOARD ACTION.] The board shall give due
consideration to the information submitted under this section.
A licensee or applicant for licensure who willfully submits
incorrect information is subject to disciplinary action under
this chapter.
Sec. 44. [148B.288] [EVIDENCE OF PAST SEXUAL CONDUCT.]
In a proceeding for the suspension or revocation of the
right to practice or other disciplinary or adverse action
involving sexual contact with a client or former client, the
board or administrative law judge shall not consider evidence of
the client's previous sexual conduct nor shall any reference to
this conduct be made during the proceedings or in the findings,
except by motion of the complainant, unless the evidence would
be admissible under the applicable provisions of section
609.347, subdivision 3.
Sec. 45. [148B.289] [TAX CLEARANCE CERTIFICATE.]
Subdivision 1. [CERTIFICATE REQUIRED.] The board may not
issue or renew a license if the commissioner of revenue notifies
the board and the licensee or applicant for a license that the
licensee or applicant owes the state delinquent taxes in the
amount of $500 or more. The board may issue or renew a license
or filing only if the commissioner of revenue issues a tax
clearance certificate and the commissioner of revenue or the
licensee or applicant forwards a copy of the clearance to the
board. The commissioner of revenue may issue a clearance
certificate only if the licensee or applicant does not owe the
state any uncontested delinquent taxes. For purposes of this
section, "taxes" means all taxes payable to the commissioner of
revenue, including penalties and interest due on those taxes.
"Delinquent taxes" do not include a tax liability if (1) an
administrative or court action that contests the amount or
validity of the liability has been filed or served, (2) the
appeal period to contest the tax liability has not expired, or
(3) the licensee or applicant has entered into a payment
agreement to pay the liability and is current with the payments.
Subd. 2. [HEARING.] In lieu of the notice and hearing
requirements of section 148B.281, when a licensee or applicant
is required to obtain a clearance certificate under this
subdivision, a contested case hearing must be held if the
licensee or applicant requests a hearing in writing to the
commissioner of revenue within 30 days of the date of the notice
required in subdivision 1. The hearing must be held within 45
days of the date the commissioner of revenue refers the case to
the office of administrative hearings. Notwithstanding any
other law, the licensee or applicant must be served with 20
days' notice in writing specifying the time and place of the
hearing and the allegations against the licensee or applicant.
The notice may be served personally or by mail.
Subd. 3. [INFORMATION REQUIRED.] The board shall require
all licensees or applicants to provide their social security
number and Minnesota business identification number on all
license applications. Upon request of the commissioner of
revenue, the board must provide to the commissioner of revenue a
list of all licensees and applicants, including the name and
address, social security number, and business identification
number. The commissioner of revenue may request a list of the
licensees and applicants no more than once each calendar year.
Sec. 46. [EXEMPTION CLARIFICATION.]
The board of social work may grant a license pursuant to
Minnesota Statutes 1996, section 148B.23, subdivision 1, to a
person who applied for licensure under that section by June 30,
1996, and submitted verification of having practiced social work
in a hospital or nursing home operated by the United States
Department of Veterans Affairs or by a federally recognized
tribe.
Sec. 47. [REVISOR'S INSTRUCTION.]
The revisor shall change "148B.28" to "148B.289" in
Minnesota Statutes, sections 144A.46; 148B.18; 148B.19; 148B.22;
148B.27; and 148B.60.
Sec. 48. [REPEALER.]
Minnesota Statutes 1996, sections 148B.01, subdivision 3;
148B.18, subdivisions 6 and 7; 148B.19, subdivision 3; and
148B.23, are repealed.
Sec. 49. [EFFECTIVE DATE.]
Sections 28 and 46 are effective on the day following final
enactment.
Presented to the governor May 19, 1997
Signed by the governor May 20, 1997, 10:52 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes