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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        adopted under this section are repealed effective August 1, 2003 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.