Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 111-H.F.No. 1140
An act relating to health; modifying requirements for
an agreement to regulate nuclear materials; regulating
the issuance of social work licenses and the payment
of fees; amending Minnesota Statutes 2002, sections
144.1202, subdivision 4; 148B.18, subdivision 2a, by
adding a subdivision; 148B.20, subdivision 3; 148B.21,
subdivision 7; 148B.22, by adding a subdivision;
148B.26, subdivision 1; 148B.27, subdivisions 1, 2;
Laws 2001, chapter 90, section 6; proposing coding for
new law in Minnesota Statutes, chapter 148B; repealing
Minnesota Rules, parts 8740.0200, subpart 3, item C;
8740.0222; 8740.0227; 8740.0290.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 144.1202,
subdivision 4, is amended to read:
Subd. 4. [AGREEMENT; CONDITIONS OF IMPLEMENTATION.] (a) An
agreement entered into before August 2, 2003 2006, must remain
in effect until terminated under the Atomic Energy Act of 1954,
United States Code, title 42, section 2021, paragraph (j). The
governor may not enter into an initial agreement with the
Nuclear Regulatory Commission after August 1, 2003 2006. If an
agreement is not entered into by August 1, 2003 2006, any rules
adopted under this section are repealed effective August 1, 2003
2006.
(b) An agreement authorized under subdivision 1 must be
approved by law before it may be implemented.
Sec. 2. Minnesota Statutes 2002, section 148B.18,
subdivision 2a, is amended to read:
Subd. 2a. [APPLICANT.] "Applicant" means a person who has
submitted an application, with the appropriate fee, for
licensure by the board, temporary licensure, or reinstatement of
an expired license.
Sec. 3. Minnesota Statutes 2002, section 148B.18, is
amended by adding a subdivision to read:
Subd. 13. [TEMPORARY LICENSEE.] "Temporary licensee" means
a person licensed by the board under section 148B.21,
subdivision 7.
Sec. 4. Minnesota Statutes 2002, section 148B.20,
subdivision 3, is amended 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. 5. Minnesota Statutes 2002, section 148B.21,
subdivision 7, is amended to read:
Subd. 7. [TEMPORARY PERMIT LICENSE.] (a) The board may
issue a temporary permit license to practice social work to an
applicant in the following situations, provided the applicant
meets all other requirements for licensure who is either:
(1) the applicant not licensed in any jurisdiction but has:
(i) applied for a license under section 148B.24;
(ii) applied for a temporary license on a form provided by
the board;
(iii) submitted a form provided by the board authorizing
the board to complete a criminal background check with the
Minnesota bureau of criminal apprehension;
(iv) passed the applicable licensure examination provided
for in section 148B.20, subdivision 1, paragraph (c); and
(v) the applicant's accredited program of social work has
submitted an affidavit on attested on a form provided by the
board verifying that the applicant's completion of applicant has
completed the requirements for a baccalaureate or master's
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 from a social work program accredited by the
Council on Social Work Education or the requirements for a
doctoral degree in social work; or
(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; licensed in
another jurisdiction, may or may not have applied for a license
under section 148B.20, and has:
(i) applied for a temporary license on a form provided by
the board;
(ii) submitted a form provided by the board authorizing the
board to complete a criminal background check with the Minnesota
bureau of criminal apprehension;
(iii) submitted evidence satisfactory to the board that the
applicant is currently licensed or credentialed to practice
social work in another jurisdiction; and
(iv) attested on a form provided by the board that the
applicant has completed the requirements for a baccalaureate or
master's degree from a social work program accredited by the
council on social work education or the requirements for a
doctoral degree in social work.
(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 for a temporary license must not practice
social work in Minnesota until the applicant has been granted a
temporary license. An applicant who is practicing social work
at the time of application is ineligible for a temporary license.
(c) An applicant for a temporary license must pay the
nonrefundable application fee described in section 148B.226 plus
the required fee for the cost of the criminal background check.
Only one fee for the cost of the criminal background check must
be submitted when the applicant is applying for both a temporary
license and a license under section 148B.20.
(d) An applicant who is not licensed in another
jurisdiction and who obtains a temporary permit license 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 applies toward the supervision requirement required
after licensure.
(e) A temporary licensee who has provided evidence to the
board that the licensee has completed the requirements for a
baccalaureate degree in social work from a social work program
accredited by the Council on Social Work Education may
temporarily engage in the social work practice described in
section 148B.18, subdivision 11, paragraph (b), but may not
engage in the social work practice described in section 148B.18,
subdivision 11, paragraph (c).
(f) A temporary licensee who has provided evidence to the
board that the licensee has completed the requirements for a
master's degree in social work from a social work program
accredited by the Council on Social Work Education, or the
requirements for a doctoral degree in social work, may
temporarily engage in the social work practice described in
section 148B.18, subdivision 11, paragraphs (b) and (c).
(g) A temporary licensee shall conduct all professional
activities as a social worker in accordance with the
requirements established by the statutes and rules of the board.
(h) A temporary licensee must use the title "Social Worker -
Temporary Licensee" in all professional use of the temporary
licensee's name.
(i) The board may immediately revoke the temporary license
of any temporary licensee who violates any requirements of this
subdivision. A temporary licensee whose temporary license is
revoked shall immediately return the temporary license to the
board.
(c) (j) A temporary permit license is valid for six months,
or until the board issues or denies a license, or until the
board revokes the temporary license, whichever comes first, and
is nonrenewable. An individual holding a temporary license may
not practice social work for more than six months without a
license under section 148B.24.
Sec. 6. Minnesota Statutes 2002, section 148B.22, is
amended by adding a subdivision to read:
Subd. 1a. [REINSTATEMENT OF EXPIRED LICENSES.] (a) The
board must reinstate an expired license under either of the
following conditions:
(1) hardship cases in which the applicant has:
(i) demonstrated to the board's satisfaction that the
applicant was unable to comply with the board's license renewal
requirements due to a mental or physical condition;
(ii) submitted an application for reinstatement on a form
provided by the board;
(iii) paid the applicable hardship reinstatement fee
described in section 148B.226, subdivision 2, paragraph (j);
(iv) demonstrated to the board's satisfaction that the
applicant was in compliance with the board's continuing
education requirements at the time the license expired; and
(v) if applicable, demonstrated to the board's satisfaction
that the licensee is in compliance with the supervised practice
requirements established by the board in rule and statute; or
(2) nonhardship cases in which the applicant has:
(i) submitted an application for reinstatement on a form
provided by the board within one year of the date the license
expired;
(ii) paid the applicable nonhardship reinstatement fee
described in section 148B.226, subdivision 2, paragraph (k);
(iii) demonstrated to the board's satisfaction that the
applicant was in compliance with the board's continuing
education requirements at the time the license expired; and
(iv) if applicable, demonstrated to the board's
satisfaction that the licensee is in compliance with the
supervised practice requirements established by the board in
rule and statute.
(b) When an applicant's expired license has been reinstated
under paragraph (a), clause (1) or (2), the reinstated license
is effective the day following the day the license expired.
(c) A licensee whose license expired on or after August 1,
2001, may apply for reinstatement of an expired license pursuant
to paragraph (a), clause (2). The application must be submitted
no later than July 31, 2004.
Sec. 7. [148B.224] [ALTERNATIVE LICENSE STATUS.]
Subdivision 1. [DEFINED; QUALIFICATIONS.] A license may be
placed on inactive status if a licensee is not practicing social
work in Minnesota and the licensee does not wish to meet license
renewal requirements every two years. A licensee qualifies for
inactive status if the licensee demonstrates to the board that
the licensee is not practicing social work, as defined by
section 148B.18, in any setting in Minnesota.
Subd. 2. [APPLICATION.] (a) A licensee may apply for
inactive status: (1) at any time by submitting a written
application for inactive status; or (2) as an alternative to
applying for the renewal of a license by so recording on the
application for license renewal form and submitting the
completed, signed form. The application for inactive status
must be accompanied by the nonrefundable inactive status fee
specified in section 148B.226, payable to the board of social
work. An application that is not completed or signed, or which
is not accompanied by the correct inactive status fee, shall be
returned to the licensee and is void. If the application for
inactive status is received after the expiration date, the
licensee shall pay a late fee as specified in section 148B.226,
payable to the board of social work, in addition to the inactive
status fee, before the application for inactive status will be
considered by the board.
(b) The licensee shall attest on a form provided by the
board that the applicant will not use the title social worker
and will not engage in social work practice in any setting in
Minnesota after the date of the board's approval of the
application for inactive status.
Subd. 3. [APPROVAL.] The board shall approve an
application for inactive status if the qualifications and
application requirements have been met.
Subd. 4. [PRACTICE PROHIBITED.] Licensees on inactive
status shall not practice, attempt to practice, offer to
practice, or advertise or hold themselves out as authorized to
practice social work in any setting in Minnesota and shall use
only the title "Social Worker - Inactive Status."
Subd. 5. [TIME LIMIT ON INACTIVE STATUS.] A licensee may
maintain a license on inactive status for up to ten consecutive
years. Within 30 days after the end of this ten-year period,
the licensee must apply for reactivation of the license pursuant
to subdivision 7 or the license expires. The board shall mail
an application for reactivation to a licensee at least 45 days
before the expiration date of the license. Placing the
application for license reactivation in first class United
States mail, addressed to the licensee at the licensee's last
known mailing address with postage prepaid, constitutes valid
mailing. Failure to receive the reactivation application does
not release a license holder from the requirements of this
section.
Subd. 6. [CONTINUING EDUCATION REQUIREMENT.] A licensee
whose license is on inactive status must continue to obtain the
continuing education hours required by rule that would be
required if the licensee's license were on active status.
Subd. 7. [REACTIVATING A LICENSE.] (a) To reactivate a
license, a licensee must complete an application for
reactivation of a license, in a form specified by the board;
document compliance with the continuing education hours required
by subdivision 6 and any continuing education hours not reported
by the last expiration date of the license; submit a supervision
plan under rules of the board, if required; pay a prorated
license renewal fee for the balance of the biennial renewal
cycle; and pay the duplicate license certificate fee specified
in section 148B.226, if the licensee needs a license in order to
meet the requirements of Minnesota Rules, part 8740.0340,
subpart 4.
(b) If a licensee who reactivates a license has been on
inactive status for five or more consecutive years and has not
practiced social work during this period, the licensee must
receive at least 38 hours of supervision for the first year of
full-time practice or 2,000 hours of part-time practice, in
accordance with the supervised practice requirements in rules of
the board, for application to the licensee's current level. A
licensee must submit a supervision plan before beginning
practice, in accordance with rules of the board. A licensee
must have the supervisor submit verification of the supervised
practice in a form specified by the board within 30 days of
completing this supervised practice requirement. This
supervision requirement must be waived if the licensee can
document at least two years of social work practice, outside of
Minnesota, within the previous five-year period.
(c) For licensed social workers, the completed hours of
supervised practice required under this subpart apply toward any
remaining hours required by Minnesota Rules, part 8740.0130,
subpart 3.
(d) Licensed graduate social workers and licensed
independent social workers shall complete this supervised
practice requirement before applying for another social work
license. Supervised practice hours obtained to meet this
requirement may be applied toward the supervised practice
requirement for another social work license.
Subd. 8. [LICENSE OR RENEWAL FEE.] A licensee who is
approved for inactive status before the end of the renewal cycle
may not receive a refund for any portion of the license fee or
renewal fee.
Subd. 9. [DISCIPLINARY OR CORRECTIVE ACTION.] The board
shall retain jurisdiction over a license on inactive status and
may take disciplinary or corrective action against the license
based on conduct occurring before inactive status was granted or
during the inactive status period.
Sec. 8. [148B.225] [EMERITUS STATUS.]
Subdivision 1. [DEFINED; QUALIFICATIONS.] A licensee may
apply for an emeritus license if the licensee is retired from
social work practice and does not intend to practice social work
in any setting in Minnesota. A licensee shall qualify for an
emeritus license if the licensee demonstrates to the board that
the licensee is not practicing social work, as defined in
section 148B.18, and verifies that the licensee is retired from
social work practice.
Subd. 2. [APPLICATION.] (a) A licensee may apply for an
emeritus license: (1) at any time by submitting a written
application for an emeritus license; or (2) as an alternative to
applying for the renewal of a license by so recording on the
application for license renewal form and submitting a completed,
signed form. The application for an emeritus license must be
accompanied by the onetime, nonrefundable emeritus license fee
specified in section 148B.226, payable to the board of social
work. An application which is not completed or signed, or which
is not accompanied by the correct emeritus license fee must be
returned to the licensee and is void.
(b) An applicant for an emeritus license shall attest on a
form provided by the board that the licensee will not use the
title "social worker" and will not engage in social work
practice in any setting in Minnesota after the date of the
board's approval of the application for an emeritus license.
Subd. 3. [APPROVAL.] The board shall approve an
application for an emeritus license if the qualifications and
application requirements have been met. Upon approval of an
application for an emeritus license, the board shall issue an
emeritus license certificate.
Subd. 4. [PRACTICE PROHIBITED.] A licensee with an
emeritus license shall not practice, attempt to practice, offer
to practice, or advertise or hold out as authorized to practice
social work in any setting in Minnesota, and shall use only the
title "social worker emeritus."
Subd. 5. [REACTIVATING A LICENSE.] A licensee with an
emeritus license may reactivate a license by meeting the
requirements of section 148B.224, subdivision 7.
Subd. 6. [LICENSE OR RENEWAL FEE.] A licensee who applies
for and is approved for an emeritus license before the end of
the renewal cycle may not receive a refund for any portion of
the license fee or renewal fee.
Subd. 7. [DISCIPLINARY ACTION.] (a) The board may resolve
any pending complaints against a licensee before approving an
application for an emeritus license.
(b) The board shall retain jurisdiction and may take
disciplinary action against a licensee holding an emeritus
license based on conduct occurring before issuance of the
emeritus license.
Sec. 9. [148B.226] [FEES.]
Subdivision 1. [HOW PAYABLE.] The fees in subdivision 2
must be paid by personal check, bank draft, cashier's check, or
money order payable to the board of social work. All fees are
nonrefundable.
Subd. 2. [FEE AMOUNTS.] (a) Application fees for licensure
are as follows:
(1) for a licensed social worker or a licensed graduate
social worker, $45;
(2) for a licensed independent social worker or a licensed
independent clinical social worker, $90;
(3) for a reciprocity application for licensure at all
levels, $150; and
(4) for a temporary license application, $50.
(b) A criminal background check fee must be paid in the
amount determined by the bureau of criminal apprehension.
(c) License fees payable in addition to application fees
for licensure are as follows:
(1) licensed social worker, $115.20;
(2) licensed graduate social worker, $201.60;
(3) licensed independent social worker, $302.40; and
(4) licensed independent clinical social worker, $331.20.
(d) License renewal fees are as follows:
(1) licensed social worker, $115.20;
(2) licensed graduate social worker, $201.60;
(3) licensed independent social worker, $302.40; and
(4) licensed independent clinical social worker, $331.20.
(e) An emeritus license fee is $43.20.
(f) A duplicate license wall certificate is $30.
(g) Inactive status fees are as follows:
(1) licensed social worker, $115.20;
(2) licensed graduate social worker, $201.60;
(3) licensed independent social worker, $302.40; and
(4) licensed independent clinical social worker, $331.20.
(h) A duplicate license card is $10.
(i) A late fee is one-half of the applicable license
renewal fee or inactive status fee.
(j) Hardship reinstatement fees are as follows:
(1) licensed social worker, $172.80;
(2) licensed graduate social worker, $302.40;
(3) licensed independent social worker, $453.60; and
(4) licensed independent clinical social worker, $496.80.
(k) Nonhardship reinstatement fees are as follows:
(1) licensed social worker, $230.40;
(2) licensed graduate social worker, $403.20;
(3) licensed independent social worker, $604.80; and
(4) licensed independent clinical social worker, $662.40.
Sec. 10. Minnesota Statutes 2002, section 148B.26,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS.] The following conduct is grounds
for the board 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 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. 11. Minnesota Statutes 2002, section 148B.27,
subdivision 1, is amended to read:
Subdivision 1. [PRACTICE.] No individual shall engage in
social work practice unless that individual holds a valid
temporary permit license or a license as a licensed social
worker, licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker.
Sec. 12. Minnesota Statutes 2002, section 148B.27,
subdivision 2, is amended to read:
Subd. 2. [USE OF TITLES.] 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 license or a license issued under sections
148B.18 to 148B.289. City, county, and state agency social
workers who are not licensed under sections 148B.18 to 148B.289
may use only the title city agency social worker or county
agency social worker or state agency social worker.
Sec. 13. Laws 2001, chapter 90, section 6, is amended to
read:
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 2004. 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.
Sec. 14. [REVISOR INSTRUCTION.]
The revisor shall change references in Minnesota Rules from
"part 8740.0290" to "Minnesota Statutes, section 148B.226."
Sec. 15. [REPEALER.]
Minnesota Rules, parts 8740.0200, subpart 3, item C;
8740.0222; 8740.0227; and 8740.0290, are repealed.
Sec. 16. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
Presented to the governor May 23, 2003
Signed by the governor May 27, 2003, 4:07 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes