Minnesota Session Laws - 2001, Regular Session

                             CHAPTER 90-S.F.No. 923 
                  An act relating to health occupations; temporarily 
                  exempting certain persons who are refugees or 
                  immigrants to the United States and for whom English 
                  is a second language from the examination requirement 
                  for social work licensure and for obtaining a 
                  temporary permit to practice social work; amending 
                  Minnesota Statutes 2000, section 148B.21, subdivisions 
                  3, 4, 5, 6, and 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 148B.21, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SOCIAL WORKER.] (a) Except as provided in 
        paragraph (b), 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 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. 
           (b) An applicant who was born in a foreign country, who has 
        taken and failed to pass the examination specified in paragraph 
        (a), clause (2), at least once since January 1, 2000, and for 
        whom English is a second language, is eligible for licensure as 
        a social worker if the applicant: 
           (1) provides evidence satisfactory to the board of 
        compliance with the requirements in paragraph (a), clauses (1), 
        (3), (4), and (5); and 
           (2) provides to the board letters of recommendation and 
        experience ratings from two licensed social workers and one 
        professor from the applicant's social work program who can 
        attest to the applicant's competence.  
        This paragraph expires August 1, 2005.  
           Sec. 2.  Minnesota Statutes 2000, section 148B.21, 
        subdivision 4, is amended to read: 
           Subd. 4.  [GRADUATE SOCIAL WORKER.] (a) Except as provided 
        in paragraph (b), 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. 
           (b) An applicant who was born in a foreign country, who has 
        taken and failed to pass the examination specified in paragraph 
        (a), clause (2), at least once since January 1, 2000, and for 
        whom English is a second language, is eligible for licensure as 
        a graduate social worker if the applicant: 
           (1) provides evidence satisfactory to the board of 
        compliance with the requirements in paragraph (a), clauses (1), 
        (3), (4), and (5); and 
           (2) provides to the board letters of recommendation and 
        experience ratings from two licensed social workers and one 
        professor from the applicant's social work program who can 
        attest to the applicant's competence.  
        This paragraph expires August 1, 2005.  
           Sec. 3.  Minnesota Statutes 2000, section 148B.21, 
        subdivision 5, is amended to read: 
           Subd. 5.  [INDEPENDENT SOCIAL WORKER.] (a) Except as 
        provided in paragraph (b), 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. 
           (b) An applicant who was born in a foreign country, who has 
        taken and failed to pass the examination specified in paragraph 
        (a), clause (2), at least once since January 1, 2000, and for 
        whom English is a second language, is eligible for licensure as 
        an independent social worker if the applicant: 
           (1) provides evidence satisfactory to the board of 
        compliance with the requirements in paragraph (a), clauses (1), 
        (3), (4), and (5); and 
           (2) provides to the board letters of recommendation and 
        experience ratings from two licensed social workers and one 
        professor from the applicant's social work program who can 
        attest to the applicant's competence. 
        This paragraph expires August 1, 2005. 
           Sec. 4.  Minnesota Statutes 2000, section 148B.21, 
        subdivision 6, is amended to read: 
           Subd. 6.  [INDEPENDENT CLINICAL SOCIAL WORKER.] (a) Except 
        as provided in paragraph (b), 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. 
           (b) An applicant who was born in a foreign country, who has 
        taken and failed to pass the examination specified in paragraph 
        (a), clause (3), at least once since January 1, 2000, and for 
        whom English is a second language, is eligible for licensure as 
        an independent clinical social worker if the applicant: 
           (1) provides evidence satisfactory to the board of 
        compliance with the requirements in paragraph (a), clauses (1), 
        (2), (4), and (5); and 
           (2) provides to the board letters of recommendation and 
        experience ratings from two licensed social workers and one 
        professor from the applicant's social work program who can 
        attest to the applicant's competence. 
        This paragraph expires August 1, 2005.  
           Sec. 5.  Minnesota Statutes 2000, section 148B.21, 
        subdivision 7, is amended to read: 
           Subd. 7.  [TEMPORARY PERMIT.] (a) The board may issue a 
        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 passed the licensure examination and 
        the applicant's accredited 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, or until a license is 
        issued, whichever comes first, and is nonrenewable; 
           (2) the applicant 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 
           (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; or 
           (4) the applicant was born in a foreign country, the 
        applicant has taken and failed to pass the licensure 
        examination, English is a second language for the applicant, and 
        the applicant's accredited 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 or until a license is 
        issued, whichever comes first, and is nonrenewable.  This clause 
        expires August 1, 2005.  
           (b) An applicant who obtains a temporary permit 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. 6.  [STUDY OF THE SOCIAL WORKER LICENSE EXAMINATION.] 
           (a) The board of social work shall, upon receipt of funding 
        from federal or private sources, commission a study by an 
        independent researcher to determine the extent to which the 
        social work licensure examination failure rate for applicants 
        who were born in a foreign country and for whom English is not 
        their first language is greater than the failure rate for 
        applicants from other populations taking the licensure 
        examination, and the underlying cause of any such disparity.  
        The study shall include consultations with and the collection of 
        data from Minnesota social work educators; representatives of 
        culturally based community organizations, including, but not 
        limited to, the Asian-Pacific, Chicano/Latino, and Somali 
        populations; and the national organization that develops, owns, 
        and maintains the social work examinations used by the board.  
        The study shall also include the collection and review of 
        relevant data from other health-related boards in Minnesota, as 
        well as relevant data from social work and health-related boards 
        in other states.  The results of the study shall be reported 
        directly to the board.  
           (b) Provided funding is received to conduct the study, the 
        board shall submit a report to the legislature by September 1, 
        2003.  The report shall include the results of the study as well 
        as recommendations on possible remedies to address any disparity 
        in examination failure rates among different populations. 
           Presented to the governor May 8, 2001 
           Signed by the governor May 10, 2001, 2:56 p.m.