Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 147-S.F.No. 1204
An act relating to health; recodifying statutes and
rules relating to social work; authorizing rulemaking;
providing penalties; modifying provisions relating to
physical therapists; providing penalties; modifying
the Psychology Practice Act; phasing out licensure as
a licensed psychological practitioner; modifying
dental licensure provisions; establishing fees;
modifying provisions for licensed professional
counselors; authorizing certain rulemaking; modifying
physician review; modifying information contained on
prescriptions; providing recognition for the practice
of respiratory therapy in emergency situations;
providing that audiologists need not obtain hearing
instrument dispenser certification; providing
penalties; transferring oversight authority for the
Office of Mental Health Practice; requiring a report;
establishing penalty fees for certain credentialed
health occupations; modifying certain health care
provider disclosure and payments; providing criminal
penalties; appropriating money; amending Minnesota
Statutes 2004, sections 13.383, subdivision 10;
13.411, subdivision 5; 45.0135, by adding a
subdivision; 144.335, subdivision 1; 144A.46,
subdivision 2; 144E.001, subdivisions 8, 15, by adding
a subdivision; 144E.27, subdivision 2; 144E.28,
subdivisions 1, 3, 7, 8; 147.09; 147A.18, subdivisions
1, 3; 147C.05; 148.512, subdivision 6, by adding
subdivisions; 148.513, by adding a subdivision;
148.515, by adding a subdivision; 148.5194, by adding
subdivisions; 148.5195, subdivision 3; 148.5196,
subdivision 1; 148.6445, by adding a subdivision;
148.65, by adding subdivisions; 148.706; 148.75;
148.89, subdivision 5; 148.90, subdivision 1; 148.907,
by adding a subdivision; 148.908, subdivision 2, by
adding a subdivision; 148.909; 148.916, subdivision 2;
148.925, subdivision 6; 148.941, subdivision 2;
148.96, subdivision 3; 148B.53, subdivisions 1, 3;
148B.54, subdivision 2; 148B.59; 148B.60; 148B.61;
148C.03, subdivision 1; 148C.04, subdivisions 3, 4, 6;
148C.091, subdivision 1; 148C.10, subdivision 2;
148C.11, subdivisions 1, 4, 5, 6; 148C.12, subdivision
3, by adding a subdivision; 150A.01, subdivision 6a;
150A.06, subdivision 1a; 150A.10, subdivision 1a;
153A.13, subdivision 5; 153A.14, subdivisions 2h, 2i,
4, 4c, 9; 153A.15, subdivision 1; 153A.20, subdivision
1; 214.01, subdivision 2; 214.06, subdivision 1, by
adding a subdivision; 214.103, subdivision 1; 245.462,
subdivision 18; 245.4871, subdivision 27; 256B.0625,
subdivision 38; 256J.08, subdivision 73a; 319B.02,
subdivision 19; 319B.40; Laws 2003, chapter 118,
section 29, as amended; proposing coding for new law
in Minnesota Statutes, chapters 62J; 62Q; 144E; 148;
148B; 148C; 150A; 153A; 214; proposing coding for new
law as Minnesota Statutes, chapter 148D; repealing
Minnesota Statutes 2004, sections 148B.18; 148B.185;
148B.19; 148B.20; 148B.21; 148B.215; 148B.22;
148B.224; 148B.225; 148B.226; 148B.24; 148B.25;
148B.26; 148B.27; 148B.28; 148B.281; 148B.282;
148B.283; 148B.284; 148B.285; 148B.286; 148B.287;
148B.288; 148B.289; 148C.02; 148C.12, subdivision 4;
153A.14, subdivisions 2a, 8, 10; 153A.19; Minnesota
Rules, parts 4747.0030, subparts 11, 16; 4747.1200;
4747.1300; 5601.0100, subparts 3, 4; 8740.0100;
8740.0110; 8740.0120; 8740.0122; 8740.0130; 8740.0155;
8740.0185; 8740.0187; 8740.0200; 8740.0240; 8740.0260;
8740.0285; 8740.0300; 8740.0310; 8740.0315; 8740.0320;
8740.0325; 8740.0330; 8740.0335; 8740.0340; 8740.0345.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
BOARD OF SOCIAL WORK
Section 1. Minnesota Statutes 2004, section 13.383,
subdivision 10, is amended to read:
Subd. 10. [SOCIAL WORKERS.] (a) [DISCIPLINARY DATA
GENERALLY.] Data held by the Board of Social Work in connection
with disciplinary matters are classified under
sections 148B.281, subdivisions 2 and 5, and 148B.285 148D.255
to 148D.270.
(b) [REPORTS OF VIOLATIONS.] Certain reports of violations
submitted to the Board of Social Work are classified
under section 148B.284 sections 148D.240 to 148D.250.
(c) [CLIENT RECORDS.] Client records of a patient cared
for by a social worker who is under review by the Board of
Social Work are classified under sections 148B.282 and 148B.286,
subdivision 3 section 148D.230.
Sec. 2. Minnesota Statutes 2004, section 13.411,
subdivision 5, is amended to read:
Subd. 5. [SOCIAL WORKERS.] Residence addresses and
telephone numbers of social worker licensees are classified
under section 148B.285, subdivision 5 chapter 148D.
Sec. 3. Minnesota Statutes 2004, section 144.335,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them:
(a) "Patient" means a natural person who has received
health care services from a provider for treatment or
examination of a medical, psychiatric, or mental condition, the
surviving spouse and parents of a deceased patient, or a person
the patient appoints in writing as a representative, including a
health care agent acting pursuant to chapter 145C, unless the
authority of the agent has been limited by the principal in the
principal's health care directive. Except for minors who have
received health care services pursuant to sections 144.341 to
144.347, in the case of a minor, patient includes a parent or
guardian, or a person acting as a parent or guardian in the
absence of a parent or guardian.
(b) "Provider" means (1) any person who furnishes health
care services and is regulated to furnish the services pursuant
to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D,
150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a
home care provider licensed under section 144A.46; (3) a health
care facility licensed pursuant to this chapter or chapter 144A;
(4) a physician assistant registered under chapter 147A; and (5)
an unlicensed mental health practitioner regulated pursuant to
sections 148B.60 to 148B.71.
(c) "Individually identifiable form" means a form in which
the patient is or can be identified as the subject of the health
records.
Sec. 4. Minnesota Statutes 2004, section 144A.46,
subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.] The following individuals or
organizations are exempt from the requirement to obtain a home
care provider license:
(1) a person who is licensed as a registered nurse under
sections 148.171 to 148.285 and who independently provides
nursing services in the home without any contractual or
employment relationship to a home care provider or other
organization;
(2) a personal care assistant who provides services to only
one individual under the medical assistance program as
authorized under sections 256B.0625, subdivision 19a, and
256B.04, subdivision 16;
(3) a person or organization that exclusively offers,
provides, or arranges for personal care assistant services to
only one individual under the medical assistance program as
authorized under sections 256B.0625, subdivision 19a, and
256B.04, subdivision 16;
(4) a person who is licensed under sections 148.65 to
148.78 and who independently provides physical therapy services
in the home without any contractual or employment relationship
to a home care provider or other organization;
(5) a provider that is licensed by the commissioner of
human services to provide semi-independent living services under
Minnesota Rules, parts 9525.0500 to 9525.0660 when providing
home care services to a person with a developmental disability;
(6) a provider that is licensed by the commissioner of
human services to provide home and community-based services
under Minnesota Rules, parts 9525.2000 to 9525.2140 when
providing home care services to a person with a developmental
disability;
(7) a person or organization that provides only home
management services, if the person or organization is registered
under section 144A.461; or
(8) a person who is licensed as a social worker under
sections 148B.18 to 148B.289 chapter 148D and who provides
social work services in the home independently and not through
any contractual or employment relationship with a home care
provider or other organization.
An exemption under this subdivision does not excuse the
individual from complying with applicable provisions of the home
care bill of rights.
Sec. 5. Minnesota Statutes 2004, section 147.09, is
amended to read:
147.09 [EXEMPTIONS.]
Section 147.081 does not apply to, control, prevent or
restrict the practice, service, or activities of:
(1) A person who is a commissioned medical officer of, a
member of, or employed by, the armed forces of the United
States, the United States Public Health Service, the Veterans
Administration, any federal institution or any federal agency
while engaged in the performance of official duties within this
state, if the person is licensed elsewhere.
(2) A licensed physician from a state or country who is in
actual consultation here.
(3) A licensed or registered physician who treats the
physician's home state patients or other participating patients
while the physicians and those patients are participating
together in outdoor recreation in this state as defined by
section 86A.03, subdivision 3. A physician shall first register
with the board on a form developed by the board for that
purpose. The board shall not be required to promulgate the
contents of that form by rule. No fee shall be charged for this
registration.
(4) A student practicing under the direct supervision of a
preceptor while the student is enrolled in and regularly
attending a recognized medical school.
(5) A student who is in continuing training and performing
the duties of an intern or resident or engaged in postgraduate
work considered by the board to be the equivalent of an
internship or residency in any hospital or institution approved
for training by the board, provided the student has a residency
permit issued by the board under section 147.0391.
(6) A person employed in a scientific, sanitary, or
teaching capacity by the state university, the Department of
Education, a public or private school, college, or other bona
fide educational institution, a nonprofit organization, which
has tax-exempt status in accordance with the Internal Revenue
Code, section 501(c)(3), and is organized and operated primarily
for the purpose of conducting scientific research directed
towards discovering the causes of and cures for human diseases,
or the state Department of Health, whose duties are entirely of
a research, public health, or educational character, while
engaged in such duties; provided that if the research includes
the study of humans, such research shall be conducted under the
supervision of one or more physicians licensed under this
chapter.
(7) Physician's assistants registered in this state.
(8) A doctor of osteopathy duly licensed by the state Board
of Osteopathy under Minnesota Statutes 1961, sections 148.11 to
148.16, prior to May 1, 1963, who has not been granted a license
to practice medicine in accordance with this chapter provided
that the doctor confines activities within the scope of the
license.
(9) Any person licensed by a health related licensing
board, as defined in section 214.01, subdivision 2, or
registered by the commissioner of health pursuant to section
214.13, including psychological practitioners with respect to
the use of hypnosis; provided that the person confines
activities within the scope of the license.
(10) A person who practices ritual circumcision pursuant to
the requirements or tenets of any established religion.
(11) A Christian Scientist or other person who endeavors to
prevent or cure disease or suffering exclusively by mental or
spiritual means or by prayer.
(12) A physician licensed to practice medicine in another
state who is in this state for the sole purpose of providing
medical services at a competitive athletic event. The physician
may practice medicine only on participants in the athletic
event. A physician shall first register with the board on a
form developed by the board for that purpose. The board shall
not be required to adopt the contents of the form by rule. The
physician shall provide evidence satisfactory to the board of a
current unrestricted license in another state. The board shall
charge a fee of $50 for the registration.
(13) A psychologist licensed under section 148.907 or a
social worker licensed under section 148B.21 chapter 148D who
uses or supervises the use of a penile or vaginal plethysmograph
in assessing and treating individuals suspected of engaging in
aberrant sexual behavior and sex offenders.
(14) Any person issued a training course certificate or
credentialed by the Emergency Medical Services Regulatory Board
established in chapter 144E, provided the person confines
activities within the scope of training at the certified or
credentialed level.
(15) An unlicensed complementary and alternative health
care practitioner practicing according to chapter 146A.
Sec. 6. [148D.001] [CITATION.]
This chapter may be cited as the "Minnesota Board of Social
Work Practice Act."
Sec. 7. [148D.010] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purpose of this chapter,
the terms in this section have the meanings given.
Subd. 2. [APPLICANT.] "Applicant" means a person who
submits an application to the board for a new license, a license
renewal, a change in license, an inactive license, reactivation
of a license, or a voluntary termination.
Subd. 3. [APPLICATION.] "Application" means an application
to the board for a new license, a license renewal, a change in
license, an inactive license, reactivation of a license, or
voluntary termination.
Subd. 4. [BOARD.] "Board" means the Board of Social Work
created under section 148D.025.
Subd. 5. [CLIENT.] "Client" means an individual, couple,
family, group, community, or organization that receives or has
received social work services as described in subdivision 9.
Subd. 6. [CLINICAL PRACTICE.] "Clinical practice" means
applying professional social work knowledge, skills, and values
in the differential diagnosis and treatment of psychosocial
function, disability, or impairment, including addictions and
emotional, mental, and behavioral disorders. Treatment includes
a plan based on a differential diagnosis. Treatment may
include, but is not limited to, the provision of psychotherapy
to individuals, couples, families, and groups. Clinical social
workers may also provide the services described in subdivision 9.
Subd. 7. [INTERN.] "Intern" means a student in field
placement working under the supervision or direction of a social
worker.
Subd. 8. [PERSON-IN-ENVIRONMENT PERSPECTIVE.]
"Person-in-environment perspective" means viewing human
behavior, development, and function in the context of one or
more of the following: the environment, social functioning,
mental health, and physical health.
Subd. 9. [PRACTICE OF SOCIAL WORK.] "Practice of social
work" means working to maintain, restore, or improve behavioral,
cognitive, emotional, mental, or social functioning of clients,
in a manner that applies accepted professional social work
knowledge, skills, and values, including the
person-in-environment perspective, by providing in person or
through telephone, video conferencing, or electronic means one
or more of the social work services described in clauses (1) to
(3). Social work services may address conditions that impair or
limit behavioral, cognitive, emotional, mental, or social
functioning. Such conditions include, but are not limited to,
the following: abuse and neglect of children or vulnerable
adults, addictions, developmental disorders, disabilities,
discrimination, illness, injuries, poverty, and trauma. Social
work services include:
(1) providing assessment and intervention through direct
contact with clients, developing a plan based on information
from an assessment, and providing services which include, but
are not limited to, assessment, case management, client-centered
advocacy, client education, consultation, counseling, crisis
intervention, and referral;
(2) providing for the direct or indirect benefit of clients
through administrative, educational, policy, or research
services including, but not limited to:
(i) advocating for policies, programs, or services to
improve the well-being of clients;
(ii) conducting research related to social work services;
(iii) developing and administering programs which provide
social work services;
(iv) engaging in community organization to address social
problems through planned collective action;
(v) supervising individuals who provide social work
services to clients;
(vi) supervising social workers in order to comply with the
supervised practice requirements specified in sections 148D.100
to 148D.125; and
(vii) teaching professional social work knowledge, skills,
and values to students; and
(3) engaging in clinical practice.
Subd. 10. [PROFESSIONAL NAME.] "Professional name" means
the name a licensed social worker uses in making representations
of the social worker's professional status to the public and
which has been designated to the board in writing pursuant to
section 148D.090.
Subd. 11. [PROFESSIONAL SOCIAL WORK KNOWLEDGE, SKILLS, AND
VALUES.] "Professional social work knowledge, skills, and values"
means the knowledge, skills, and values taught in programs
accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar
accreditation body designated by the board. Professional social
work knowledge, skills, and values include, but are not limited
to, principles of person-in-environment and the values,
principles, and standards described in the Code of Ethics of the
National Association of Social Workers.
Subd. 12. [SEXUAL CONDUCT.] "Sexual conduct" means any
physical contact or conduct that may be reasonably interpreted
as sexual, or any oral, written, electronic, or other
communication that suggests engaging in physical contact or
conduct that may be reasonably interpreted as sexual.
Subd. 13. [SOCIAL WORKER.] "Social worker" means an
individual who:
(1) is licensed as a social worker; or
(2) has obtained a social work degree from a program
accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar
accreditation body designated by the board and engages in the
practice of social work.
Subd. 14. [STUDENT.] "Student" means an individual who is
taught professional social work knowledge, skills, and values in
a program that has been accredited by the Council on Social Work
Education, the Canadian Association of Schools of Social Work,
or a similar accreditation body designated by the board.
Subd. 15. [SUPERVISEE.] "Supervisee" means an individual
provided evaluation and supervision or direction by a social
worker.
Subd. 16. [SUPERVISION.] "Supervision" means a
professional relationship between a supervisor and a social
worker in which the supervisor provides evaluation and direction
of the services provided by the social worker to promote
competent and ethical services to clients through the continuing
development of the social worker's knowledge and application of
accepted professional social work knowledge, skills, and values.
Sec. 8. [148D.015] [SCOPE.]
This chapter applies to all applicants and licensees, all
persons who use the title social worker, and all persons in or
out of this state who provide social work services to clients
who reside in this state unless there are specific applicable
exemptions provided by law.
Sec. 9. [148D.020] [CHAPTER 214.]
Chapter 214 applies to the Board of Social Work unless
superseded by this chapter.
Sec. 10. [148D.025] [BOARD OF SOCIAL WORK.]
Subdivision 1. [CREATION.] The Board of Social Work
consists of 15 members appointed by the governor. The members
are:
(1) ten social workers licensed pursuant to section
148D.055; and
(2) five public members as defined in section 214.02.
Subd. 2. [QUALIFICATIONS OF BOARD MEMBERS.] (a) All social
worker members must have engaged in the practice of social work
in Minnesota for at least one year during the ten years
preceding their appointments.
(b) Five social worker members must be licensed social
workers. The other five members must be a licensed graduate
social worker, a licensed independent social worker, or a
licensed independent clinical social worker.
(c) Eight social worker members must be engaged at the time
of their appointment in the practice of social work in Minnesota
in the following settings:
(1) one member must be engaged in the practice of social
work in a county agency;
(2) one member must be engaged in the practice of social
work in a state agency;
(3) one member must be engaged in the practice of social
work in an elementary, middle, or secondary school;
(4) one member must be employed in a hospital or nursing
home licensed under chapter 144 or 144A;
(5) two members must be engaged in the practice of social
work in a private agency;
(6) one member must be engaged in the practice of social
work in a clinical social work setting; and
(7) one member must be an educator engaged in regular
teaching duties at a program of social work accredited by the
Council on Social Work Education or a similar accreditation body
designated by the board.
(d) At the time of their appointments, at least six members
must reside outside of the seven-county metropolitan area.
(e) At the time of their appointments, at least five
members must be persons with expertise in communities of color.
Subd. 3. [OFFICERS.] The board must annually elect from
its membership a chair, vice-chair, and secretary-treasurer.
Subd. 4. [BYLAWS.] The board must adopt bylaws to govern
its proceedings.
Subd. 5. [EXECUTIVE DIRECTOR.] The board must appoint and
employ an executive director who is not a member of the board.
The employment of the executive director shall be subject to the
terms described in section 214.04, subdivision 2a.
Sec. 11. [148D.030] [DUTIES OF THE BOARD.]
Subdivision 1. [DUTIES.] The board must perform the duties
necessary to promote and protect the public health, safety, and
welfare through the licensure and regulation of persons who
practice social work in this state. These duties include, but
are not limited to:
(1) establishing the qualifications and procedures for
individuals to be licensed as social workers;
(2) establishing standards of practice for social workers;
(3) holding examinations or contracting with the
Association of Social Work Boards or a similar examination body
designated by the board to hold examinations to assess
applicants' qualifications;
(4) issuing licenses to qualified individuals pursuant to
sections 148D.055 and 148D.060;
(5) taking disciplinary, adversarial, corrective, or other
action pursuant to sections 148D.255 to 148D.270 when an
individual violates the requirements of this chapter;
(6) assessing fees pursuant to sections 148D.175 and
148D.180; and
(7) educating social workers and the public on the
requirements of the board.
Subd. 2. [RULES.] The board may adopt and enforce rules to
carry out the duties specified in subdivision 1.
Sec. 12. [148D.035] [VARIANCES.]
If the effect of a requirement pursuant to this chapter is
unreasonable, impossible to execute, absurd, or would impose an
extreme hardship on a licensee, the board may grant a variance
if the variance is consistent with promoting and protecting the
public health, safety, and welfare. A variance must not be
granted for core licensing standards such as substantive
educational and examination requirements.
Sec. 13. [148D.040] [IMMUNITY.]
Board members, board employees, and persons engaged on
behalf of the board are immune from civil liability for any
actions, transactions, or publications in the lawful execution
of or relating to their duties under this chapter.
Sec. 14. [148D.045] [CONTESTED CASE HEARING.]
An applicant or a licensee who is the subject of a
disciplinary or adversarial action by the board pursuant to this
chapter may request a contested case hearing under sections
14.57 to 14.62. An applicant or a licensee who desires to
request a contested case hearing must submit a written request
to the board within 90 days after the date on which the board
mailed the notification of the adverse action, except as
otherwise provided in this chapter.
Sec. 15. [148D.050] [LICENSING; SCOPE OF PRACTICE.]
Subdivision 1. [REQUIREMENTS.] The practice of social work
must comply with the requirements of subdivision 2, 3, 4, or 5.
Subd. 2. [LICENSED SOCIAL WORKER.] A licensed social
worker may engage in social work practice except that a licensed
social worker must not engage in clinical practice.
Subd. 3. [LICENSED GRADUATE SOCIAL WORKER.] A licensed
graduate social worker may engage in social work practice except
that a licensed graduate social worker must not engage in
clinical practice except under the supervision of a licensed
independent clinical social worker or an alternate supervisor
pursuant to section 148D.120.
Subd. 4. [LICENSED INDEPENDENT SOCIAL WORKER.] A licensed
independent social worker may engage in social work practice
except that a licensed independent social worker must not engage
in clinical practice except under the supervision of a licensed
independent clinical social worker or an alternate supervisor
pursuant to section 148D.120.
Subd. 5. [LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] A
licensed independent clinical social worker may engage in social
work practice, including clinical practice.
Sec. 16. [148D.055] [LICENSE REQUIREMENTS.]
Subdivision 1. [LICENSE REQUIRED.] (a) In order to
practice social work, an individual must have a social work
license under this section or section 148D.060, except when the
individual is exempt from licensure pursuant to section 148D.065.
(b) Individuals who teach professional social work
knowledge, skills, and values to students and who have a social
work degree from a program accredited by the Council on Social
Work Education, the Canadian Association of Schools of Social
Work, or a similar accreditation body designated by the board
must have a social work license under this section or section
148D.060, except when the individual is exempt from licensure
pursuant to section 148D.065.
Subd. 2. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A
LICENSED SOCIAL WORKER.] (a) Except as provided in paragraph
(i), to be licensed as a licensed social worker, an applicant
for licensure by examination must provide evidence satisfactory
to the board that the applicant:
(1) has received a baccalaureate degree in social work from
a program accredited by the Council on Social Work Education,
the Canadian Association of Schools of Social Work, or a similar
accreditation body designated by the board;
(2) has passed the bachelors or equivalent examination
administered by the Association of Social Work Boards or a
similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to
subdivision 7, an examination is not valid if it was taken and
passed eight or more years prior to submitting a completed,
signed application form provided by the board. The examination
may be taken prior to completing degree requirements;
(3) has submitted a completed, signed application form
provided by the board, including the applicable application fee
specified in section 148D.180. For applications submitted
electronically, a "signed application" means providing an
attestation as specified by the board;
(4) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background
check pursuant to subdivision 8;
(5) has paid the applicable license fee specified in
section 148D.180; and
(6) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
(b) An application that is not completed and signed, or
that is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
(c) A licensee granted a license by the board pursuant to
paragraph (a) must meet the supervised practice requirements
specified in sections 148D.100 to 148D.125. If a licensee does
not meet the supervised practice requirements, the board may
take action pursuant to sections 148D.255 to 148D.270.
(d) By submitting an application for licensure, an
applicant authorizes the board to investigate any information
provided or requested in the application. The board may request
that the applicant provide additional information, verification,
or documentation.
(e) Within one year of the time the board receives an
application for licensure, the applicant must meet all the
requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph
(d). If within one year the applicant does not meet all the
requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the
application for licensure must be closed.
(f) Except as provided in paragraph (g), an applicant may
not take more than three times the bachelors or equivalent
examination administered by the Association of Social Work
Boards, or a similar examination body designated by the board.
An applicant must receive a passing score on the bachelors or
equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the
board in no more than 18 months after the date the applicant
first failed the examination.
(g) Notwithstanding paragraph (f), the board may allow an
applicant to take, for a fourth or subsequent time, the
bachelors or equivalent examination administered by the
Association of Social Work Boards or a similar examination body
designated by the board if the applicant:
(1) meets all requirements specified in paragraphs (a) to
(e) other than passing the bachelors or equivalent examination
administered by the Association of Social Work Boards or a
similar examination body designated by the board;
(2) provides to the board a description of the efforts the
applicant has made to improve the applicant's score and
demonstrates to the board's satisfaction that the efforts are
likely to improve the score; and
(3) provides to the board letters of recommendation from
two licensed social workers attesting to the applicant's ability
to practice social work competently and ethically in accordance
with professional social work knowledge, skills, and values.
(h) An individual must not practice social work until the
individual passes the examination and receives a social work
license under this section or section 148D.060. If the board
has reason to believe that an applicant may be practicing social
work without a license, and the applicant has failed the
bachelors or equivalent examination administered by the
Association of Social Work Boards or a similar examination body
designated by the board, the board may notify the applicant's
employer that the applicant is not licensed as a social worker.
(i) 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 to the board of compliance with the
requirements in paragraph (a), clauses (1) and (3) to (6), and
in paragraphs (b) to (e) and (h); 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, 2007.
Subd. 3. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A
LICENSED GRADUATE SOCIAL WORKER.] (a) Except as provided in
paragraph (i), to be licensed as a licensed graduate social
worker, an applicant for licensure by examination must provide
evidence satisfactory to the board that the applicant:
(1) has received a graduate degree in social work from a
program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar
accreditation body designated by the board;
(2) has passed the masters or equivalent examination
administered by the Association of Social Work Boards or a
similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to
section 148D.055, subdivision 7, an examination is not valid if
it was taken and passed eight or more years prior to submitting
a completed, signed application form provided by the board. The
examination may be taken prior to completing degree
requirements;
(3) has submitted a completed, signed application form
provided by the board, including the applicable application fee
specified in section 148D.180. For applications submitted
electronically, a "signed application" means providing an
attestation as specified by the board;
(4) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background
check pursuant to subdivision 8;
(5) has paid the applicable license fee specified in
section 148D.180; and
(6) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
(b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
(c) A licensee granted a license by the board pursuant to
paragraph (a) must meet the supervised practice requirements
specified in sections 148D.100 to 148D.125. If a licensee does
not meet the supervised practice requirements, the board may
take action pursuant to sections 148D.255 to 148D.270.
(d) By submitting an application for licensure, an
applicant authorizes the board to investigate any information
provided or requested in the application. The board may request
that the applicant provide additional information, verification,
or documentation.
(e) Within one year of the time the board receives an
application for licensure, the applicant must meet all the
requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph
(d). If within one year the applicant does not meet all the
requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the
application for licensure must be closed.
(f) Except as provided in paragraph (g), an applicant may
not take more than three times the masters or equivalent
examination administered by the Association of Social Work
Boards or a similar examination body designated by the board.
An applicant must receive a passing score on the masters or
equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the
board in no more than 18 months after the date the applicant
first failed the examination.
(g) Notwithstanding paragraph (f), the board may allow an
applicant to take, for a fourth or subsequent time, the masters
or equivalent examination administered by the Association of
Social Work Boards or a similar examination body designated by
the board if the applicant:
(1) meets all requirements specified in paragraphs (a) to
(e) other than passing the masters or equivalent examination
administered by the Association of Social Work boards or a
similar examination body designated by the board;
(2) provides to the board a description of the efforts the
applicant has made to improve the applicant's score and
demonstrates to the board's satisfaction that the efforts are
likely to improve the score; and
(3) provides to the board letters of recommendation from
two licensed social workers attesting to the applicant's ability
to practice social work competently and ethically in accordance
with professional social work knowledge, skills, and values.
(h) An individual must not practice social work until the
individual passes the examination and receives a social work
license under this section or section 148D.060. If the board
has reason to believe that an applicant may be practicing social
work without a license, and the applicant has failed the masters
or equivalent examination administered by the Association of
Social Work Boards or a similar examination body designated by
the board, the board may notify the applicant's employer that
the applicant is not licensed as a social worker.
(i) 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 to the board of compliance with the
requirements in paragraph (a), clauses (1) and (3) to (6), and
in paragraphs (b) to (e) and (h); 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, 2007.
Subd. 4. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A
LICENSED INDEPENDENT SOCIAL WORKER.] (a) Except as provided in
paragraph (i), to be licensed as a licensed independent social
worker, an applicant for licensure by examination must provide
evidence satisfactory to the board that the applicant:
(1) has received a graduate degree in social work from a
program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar
accreditation body designated by the board;
(2) has practiced social work as defined in section
148D.010, and has met the supervised practice requirements
specified in sections 148D.100 to 148D.125;
(3) has passed the advanced generalist or equivalent
examination administered by the Association of Social Work
Boards or a similar examination body designated by the board.
Unless an applicant applies for licensure by endorsement
pursuant to subdivision 7, an examination is not valid if it was
taken and passed eight or more years prior to submitting a
completed, signed application form provided by the board;
(4) has submitted a completed, signed application form
provided by the board, including the applicable application fee
specified in section 148D.180. For applications submitted
electronically, a "signed application" means providing an
attestation as specified by the board;
(5) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background
check pursuant to subdivision 8;
(6) has paid the applicable license fee specified in
section 148D.180; and
(7) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
(b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
(c) A licensed independent social worker who practices
clinical social work must meet the supervised practice
requirements specified in sections 148D.100 to 148D.125. If a
licensee does not meet the supervised practice requirements, the
board may take action pursuant to sections 148D.255 to 148D.270.
(d) By submitting an application for licensure, an
applicant authorizes the board to investigate any information
provided or requested in the application. The board may request
that the applicant provide additional information, verification,
or documentation.
(e) Within one year of the time the board receives an
application for licensure, the applicant must meet all the
requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph
(d). If within one year the applicant does not meet all the
requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the
application for licensure must be closed.
(f) Except as provided in paragraph (g), an applicant may
not take more than three times the advanced generalist or
equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the
board. An applicant must receive a passing score on the masters
or equivalent examination administered by the Association of
Social Work Boards or a similar examination body designated by
the board in no more than 18 months after the first time the
applicant failed the examination.
(g) Notwithstanding paragraph (f), the board may allow an
applicant to take, for a fourth or subsequent time, the advanced
generalist or equivalent examination administered by the
Association of Social Work Boards or a similar examination body
designated by the board if the applicant:
(1) meets all requirements specified in paragraphs (a) to
(e) other than passing the advanced generalist or equivalent
examination administered by the Association of Social Work
Boards or a similar examination body designated by the board;
(2) provides to the board a description of the efforts the
applicant has made to improve the applicant's score and
demonstrates to the board's satisfaction that the efforts are
likely to improve the score; and
(3) provides to the board letters of recommendation from
two licensed social workers attesting to the applicant's ability
to practice social work competently and ethically in accordance
with professional social work knowledge, skills, and values.
(h) An individual must not practice social work until the
individual passes the examination and receives a social work
license under this section or section 148D.060. If the board
has reason to believe that an applicant may be practicing social
work without a license, except as provided in section 148D.065,
and the applicant has failed the advanced generalist or
equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the
board, the board may notify the applicant's employer that the
applicant is not licensed as a social worker.
(i) 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
a social worker if the applicant:
(1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1), (2), and (4) to (7),
and in paragraphs (b) to (e) and (h); 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, 2007.
Subd. 5. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A
LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] (a) Except as
provided in paragraph (h), to be licensed as a licensed
independent clinical social worker, an applicant for licensure
by examination must provide evidence satisfactory to the board
that the applicant:
(1) has received a graduate degree in social work from a
program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar
accreditation body designated by the board;
(2) has practiced clinical social work as defined in
section 148D.010, including both diagnosis and treatment, and
has met the supervised practice requirements specified in
sections 148D.100 to 148D.125;
(3) has passed the clinical or equivalent examination
administered by the Association of Social Work Boards or a
similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to
subdivision 7, an examination is not valid if it was taken and
passed eight or more years prior to submitting a completed,
signed application form provided by the board;
(4) has submitted a completed, signed application form
provided by the board, including the applicable application fee
specified in section 148D.180. For applications submitted
electronically, a "signed application" means providing an
attestation as specified by the board;
(5) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background
check pursuant to subdivision 8;
(6) has paid the license fee specified in section 148D.180;
and
(7) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
(b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
(c) By submitting an application for licensure, an
applicant authorizes the board to investigate any information
provided or requested in the application. The board may request
that the applicant provide additional information, verification,
or documentation.
(d) Within one year of the time the board receives an
application for licensure, the applicant must meet all the
requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph
(c). If within one year the applicant does not meet all the
requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the
application for licensure must be closed.
(e) Except as provided in paragraph (f), an applicant may
not take more than three times the clinical or equivalent
examination administered by the Association of Social Work
Boards or a similar examination body designated by the board.
An applicant must receive a passing score on the clinical or
equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the
board no later than 18 months after the first time the applicant
failed the examination.
(f) Notwithstanding paragraph (e), the board may allow an
applicant to take, for a fourth or subsequent time, the clinical
or equivalent examination administered by the Association of
Social Work Boards or a similar examination body designated by
the board if the applicant:
(1) meets all requirements specified in paragraphs (a) to
(d) other than passing the clinical or equivalent examination
administered by the Association of Social Work Boards or a
similar examination body designated by the board;
(2) provides to the board a description of the efforts the
applicant has made to improve the applicant's score and
demonstrates to the board's satisfaction that the efforts are
likely to improve the score; and
(3) provides to the board letters of recommendation from
two licensed social workers attesting to the applicant's ability
to practice social work competently and ethically in accordance
with professional social work knowledge, skills, and values.
(g) An individual must not practice social work until the
individual passes the examination and receives a social work
license under this section or section 148D.060. If the board
has reason to believe that an applicant may be practicing social
work without a license, and the applicant has failed the
clinical or equivalent examination administered by the
Association of Social Work Boards or a similar examination body
designated by the board, the board may notify the applicant's
employer that the applicant is not licensed as a social worker.
(h) 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
a social worker if the applicant:
(1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1), (2), and (4) to (7),
and paragraphs (b) to (d) and (g); 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, 2007.
Subd. 6. [DEGREES FROM OUTSIDE THE UNITED STATES OR
CANADA.] If an applicant receives a degree from a program
outside the United States or Canada that is not accredited by
the Council on Social Work Education, the Canadian Association
of Schools of Social Work, or a similar examination body
designated by the board, the degree does not fulfill the
requirements specified in subdivision 2, paragraph (a), clause
(1); 3, paragraph (a), clause (1); 4, paragraph (a), clause (1);
or 5, paragraph (a), clause (1), unless the Council on Social
Work Education or a similar accreditation body designated by the
board has determined through the council's international
equivalency determination service that the degree earned is
equivalent to the degree required.
Subd. 7. [LICENSURE BY ENDORSEMENT.] (a) An applicant for
licensure by endorsement must hold a current license or
credential to practice social work in another jurisdiction.
(b) An applicant for licensure by endorsement who meets the
qualifications of paragraph (a) and who demonstrates to the
satisfaction of the board that the applicant passed the
examination administered by the Association of Social Work
Boards or a similar examination body designated by the board for
the applicable license in Minnesota is not required to retake
the licensing examination.
(c) An application for licensure by endorsement must meet
the applicable license requirements specified in subdivisions 1
to 6 and submit the licensure by endorsement application fee
specified in section 148D.180.
Subd. 8. [CRIMINAL BACKGROUND CHECKS.] (a) Except as
provided in paragraph (b), an initial license application must
be accompanied by:
(1) a form provided by the board authorizing the board to
complete a criminal background check; and
(2) the criminal background check fee specified by the
Bureau of Criminal Apprehension.
Criminal background check fees collected by the board must
be used to reimburse the Bureau of Criminal Apprehension for the
criminal background checks.
(b) An applicant who has previously submitted a license
application authorizing the board to complete a criminal
background check is exempt from the requirement specified in
paragraph (a).
(c) If a criminal background check indicates that an
applicant has engaged in criminal behavior, the board may take
action pursuant to sections 148D.255 to 148D.270.
Subd. 9. [EFFECTIVE DATE.] The effective date of an
initial license is the day on which the board receives the
applicable license fee from an applicant approved for licensure.
Subd. 10. [EXPIRATION DATE.] The expiration date of an
initial license is the last day of the licensee's birth month in
the second calendar year following the effective date of the
initial license.
Subd. 11. [CHANGE IN LICENSE.] (a) A licensee who changes
from a licensed social worker to a licensed graduate social
worker, or from a licensed graduate social worker to a licensed
independent social worker, or from a licensed graduate social
worker or licensed independent social worker to a licensed
independent clinical social worker, must pay the prorated share
of the fee for the new license.
(b) The effective date of the new license is the day on
which the board receives the applicable license fee from an
applicant approved for the new license.
(c) The expiration date of the new license is the same date
as the expiration date of the license held by the licensee prior
to the change in the license.
Sec. 17. [148D.060] [TEMPORARY LICENSES.]
Subdivision 1. [STUDENTS AND OTHER PERSONS NOT CURRENTLY
LICENSED IN ANOTHER JURISDICTION.] The board may issue a
temporary license to practice social work to an applicant who is
not licensed or credentialed to practice social work in any
jurisdiction but has:
(1) applied for a license under section 148D.055;
(2) applied for a temporary license on a form provided by
the board;
(3) submitted a form provided by the board authorizing the
board to complete a criminal background check;
(4) passed the applicable licensure examination provided
for in section 148D.055;
(5) attested on a form provided by the board that the
applicant has completed the requirements for a baccalaureate or
graduate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of
Schools of Social Work, or a similar accreditation body
designated by the board; and
(6) not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
Subd. 2. [EMERGENCY SITUATIONS AND PERSONS CURRENTLY
LICENSED IN ANOTHER JURISDICTION.] The board may issue a
temporary license to practice social work to an applicant who is
licensed or credentialed to practice social work in another
jurisdiction, may or may not have applied for a license under
section 148D.055, and has:
(1) applied for a temporary license on a form provided by
the board;
(2) submitted a form provided by the board authorizing the
board to complete a criminal background check;
(3) submitted evidence satisfactory to the board that the
applicant is currently licensed or credentialed to practice
social work in another jurisdiction;
(4) attested on a form provided by the board that the
applicant has completed the requirements for a baccalaureate or
graduate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of
Schools of Social Work, or a similar accreditation body
designated by the board; and
(5) not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
Subd. 3. [TEACHERS.] The board may issue a temporary
license to practice social work to an applicant whose permanent
residence is outside the United States, who is teaching social
work at an academic institution in Minnesota for a period not to
exceed 12 months, who may or may not have applied for a license
under section 148D.055, and who has:
(1) applied for a temporary license on a form provided by
the board;
(2) submitted a form provided by the board authorizing the
board to complete a criminal background check;
(3) attested on a form provided by the board that the
applicant has completed the requirements for a baccalaureate or
graduate degree in social work; and
(4) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
Subd. 4. [TEMPORARY LICENSE APPLICATION FEE.] An applicant
for a temporary license must pay the application fee described
in section 148D.180 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 148D.055.
Subd. 5. [TEMPORARY LICENSE TERM.] (a) A temporary license
is valid until expiration, or until the board issues or denies
the license pursuant to section 148D.055, or until the board
revokes the temporary license, whichever comes first. A
temporary license is nonrenewable.
(b) A temporary license issued pursuant to subdivision 1 or
2 expires after six months.
(c) A temporary license issued pursuant to subdivision 3
expires after 12 months.
Subd. 6. [LICENSEE WITH A TEMPORARY LICENSE WHO HAS
COMPLETED REQUIREMENTS FOR A BACCALAUREATE DEGREE.] A licensee
with a temporary license who has provided evidence to the board
that the licensee has completed the requirements for a
baccalaureate degree in social work from a program accredited by
the Council on Social Work Education, the Canadian Association
of Schools of Social Work, or a similar accreditation body
designated by the board may temporarily engage in social work
practice except that a licensee with a temporary license may not
engage in clinical social work practice.
Subd. 7. [LICENSEE WITH A TEMPORARY LICENSE WHO HAS
COMPLETED REQUIREMENTS FOR A GRADUATE DEGREE.] A licensee with a
temporary license who has provided evidence to the board that
the licensee has completed the requirements for a graduate
degree in social work from a program accredited by the Council
on Social Work Education, the Canadian Association of Schools of
Social Work, or a similar accreditation body designated by the
board may temporarily engage in social work practice, including
clinical practice.
Subd. 8. [SUPERVISION REQUIREMENTS.] (a) Except as
provided in paragraph (b), an applicant who is not currently
licensed or credentialed to practice social work in another
jurisdiction and who obtains a temporary license may practice
social work only under the supervision of an individual licensed
as a social worker who is eligible to provide supervision under
sections 148D.100 to 148D.125. Before the applicant is approved
for licensure, the applicant's supervisor must attest to the
board's satisfaction that the applicant has practiced social
work under supervision. This supervision applies toward the
supervision required after licensure.
(b) If an applicant is currently licensed or credentialed
to practice social work in another jurisdiction, and receives a
temporary license pursuant to subdivision 3, the requirements
specified in paragraph (a) do not apply. However, if an
applicant with a temporary license chooses to practice social
work under supervision, the supervision applies to the
requirements specified in sections 148D.100 to 148D.125.
Subd. 9. [PROHIBITION ON PRACTICE.] An applicant for a
temporary license must not practice social work in Minnesota,
except as provided in section 148D.065, until the applicant has
been granted a temporary license.
Subd. 10. [REPRESENTATION OF PROFESSIONAL STATUS.] In
making representations of professional status to the public, a
licensee with a temporary license must state that the licensee
has a temporary license.
Subd. 11. [STANDARDS OF PRACTICE.] A licensee with a
temporary license must conduct all professional activities as a
social worker in accordance with the requirements of sections
148D.195 to 148D.240.
Subd. 12. [INELIGIBILITY.] An applicant who is currently
practicing social work in Minnesota in a setting that is not
exempt under section 148D.065 at the time of application is
ineligible for a temporary license.
Subd. 13. [REVOCATION OF TEMPORARY LICENSE.] The board may
immediately revoke the temporary license of any licensee who
violates any requirements of this section. The revocation must
be made for cause, without notice or opportunity to be heard. A
licensee whose temporary license is revoked must immediately
return the temporary license to the board.
Sec. 18. [148D.065] [EXEMPTIONS.]
Subdivision 1. [OTHER PROFESSIONALS.] Nothing in this
chapter may 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, licensed psychologists, psychological
practitioners, probation officers, members of the clergy and
Christian Science practitioners, attorneys, marriage and family
therapists, alcohol and drug 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 titles in
this subdivision.
Subd. 2. [STUDENTS.] An internship, externship, or any
other social work experience that is required for the completion
of an accredited program of social work does not constitute the
practice of social work under this chapter.
Subd. 3. [GEOGRAPHIC WAIVER.] A geographic waiver may be
granted by the board on a case-by-case basis to agencies with
special regional hiring problems. The waiver is for the purpose
of permitting agencies to hire individuals who do not meet the
qualifications of section 148D.055 or 148D.060 to practice
social work.
Subd. 4. [CITY, COUNTY, AND STATE AGENCY SOCIAL
WORKERS.] The licensure of city, county, and state agency social
workers is voluntary. City, county, and state agencies
employing social workers are not required to employ licensed
social workers.
Subd. 5. [FEDERALLY RECOGNIZED TRIBES AND PRIVATE
NONPROFIT AGENCIES WITH A MINORITY FOCUS.] The licensure of
social workers who are employed by federally recognized tribes,
or by private nonprofit agencies whose primary service focus
addresses ethnic minority populations, and who are themselves
members of ethnic minority populations within those agencies, is
voluntary.
Sec. 19. [148D.070] [LICENSE RENEWALS.]
Subdivision 1. [LICENSE RENEWAL TERM.] (a) If a license is
renewed, the license must be renewed for a two-year renewal
term. The renewal term is the period from the effective date of
an initial or renewed license to the expiration date of the
license.
(b) The effective date of a renewed license is the day
following the expiration date of the expired license.
(c) The expiration date of a renewed license is the last
day of the licensee's birth month in the second calendar year
following the effective date of the renewed license.
Subd. 2. [MAILING LICENSE RENEWAL NOTICES.] The board must
mail a notice for license renewal to a licensee at least 45 days
before the expiration date of the license. Mailing the notice
by United States mail to the licensee's last known mailing
address constitutes valid mailing. Failure to receive the
renewal notice does not relieve a licensee of the obligation to
renew a license and to pay the renewal fee.
Subd. 3. [SUBMITTING LICENSE RENEWAL APPLICATIONS.] (a) In
order to renew a license, a licensee must submit:
(1) a completed, signed application for license renewal;
and
(2) the applicable renewal fee specified in section
148D.180.
The completed, signed application and renewal fee must be
received by the board prior to midnight of the day of the
license expiration date. For renewals submitted electronically,
a "signed application" means providing an attestation as
specified by the board.
(b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
(c) The completed, signed application must include
documentation that the licensee has met the continuing education
requirements specified in sections 148D.130 to 148D.170 and, if
applicable, the supervised practice requirements specified in
sections 148D.100 to 148D.125.
(d) By submitting a renewal application, an applicant
authorizes the board to:
(1) investigate any information provided or requested in
the application. The board may request that the applicant
provide additional information, verification, or documentation;
(2) conduct an audit to determine if the applicant has met
the continuing education requirements specified in sections
148D.130 to 148D.170; and
(3) if applicable, conduct an audit to determine whether
the applicant has met the supervision requirements specified in
sections 148D.100 to 148D.125.
(e) If a licensee's application for license renewal meets
the requirements specified in paragraph (a), the licensee may
continue to practice after the license expiration date until the
board approves or denies the application.
Subd. 4. [RENEWAL LATE FEE.] An application that is
received after the license expiration date must be accompanied
by the renewal late fee specified in section 148D.180 in
addition to the applicable renewal fee. The application,
renewal fee, and renewal late fee must be received by the board
within 60 days of the license expiration date, or the license
automatically expires.
Subd. 5. [EXPIRED LICENSE.] (a) If an application does not
meet the requirements specified in subdivisions 3 and 4, the
license automatically expires. A licensee whose license has
expired may reactivate a license by meeting the requirements in
section 148D.080 or be relicensed by meeting the requirements
specified in section 148D.055.
(b) The board may take action pursuant to sections 148D.255
to 148D.270 based on a licensee's conduct before the expiration
of the license.
(c) An expired license may be reactivated within one year
of the expiration date specified in section 148D.080. After one
year of the expiration date, an individual may apply for a new
license pursuant to section 148D.055.
Sec. 20. [148D.075] [INACTIVE LICENSES.]
Subdivision 1. [INACTIVE STATUS.] (a) A licensee qualifies
for inactive status under either of the circumstances described
in paragraph (b) or (c).
(b) A licensee qualifies for inactive status when the
licensee is granted temporary leave from active practice. A
licensee qualifies for temporary leave from active practice if
the licensee demonstrates to the satisfaction of the board that
the licensee is not engaged in the practice of social work in
any setting, including settings in which social workers are
exempt from licensure pursuant to section 148D.065. A licensee
who is granted temporary leave from active practice may
reactivate the license pursuant to section 148D.080.
(c) A licensee qualifies for inactive status when a
licensee is granted an emeritus license. A licensee qualifies
for an emeritus license if the licensee demonstrates to the
satisfaction of the board that:
(i) the licensee is retired from social work practice; and
(ii) the licensee is not engaged in the practice of social
work in any setting, including settings in which social workers
are exempt from licensure pursuant to section 148D.065.
A licensee who possesses an emeritus license may reactivate the
license pursuant to section 148D.080.
Subd. 2. [APPLICATION.] A licensee may apply for inactive
status:
(1) at any time by submitting an application for a
temporary leave from active practice or 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
and submitting the completed, signed application to the board.
An application that is not completed or signed, or that is
not accompanied by the correct fee, must be returned to the
applicant, along with any fee submitted, and is void. For
applications submitted electronically, a "signed application"
means providing an attestation as specified by the board.
Subd. 3. [FEE.] (a) Regardless of when the application for
inactive status is submitted, the temporary leave or emeritus
license fee specified in section 148D.180, whichever is
applicable, must accompany the application. A licensee who is
approved for inactive status before the license expiration date
is not entitled to receive a refund for any portion of the
license or renewal fee.
(b) If an application for temporary leave is received after
the license expiration date, the licensee must pay a renewal
late fee as specified in section 148D.180 in addition to the
temporary leave fee.
Subd. 4. [TIME LIMITS FOR TEMPORARY LEAVES.] A licensee
may maintain an inactive license on temporary leave for no more
than five consecutive years. If a licensee does not apply for
reactivation within 60 days following the end of the consecutive
five-year period, the license automatically expires.
Subd. 5. [TIME LIMITS FOR AN EMERITUS LICENSE.] A licensee
with an emeritus license may not apply for reactivation pursuant
to section 148D.080 after five years following the granting of
the emeritus license. However, after five years following the
granting of the emeritus license, an individual may apply for
new licensure pursuant to section 148D.055.
Subd. 6. [PROHIBITION ON PRACTICE.] (a) Except as provided
in paragraph (b), a licensee whose license is inactive must not
practice, attempt to practice, offer to practice, or advertise
or hold out as authorized to practice social work.
(b) The board may grant a variance to the requirements of
paragraph (a) if a licensee on inactive status provides
emergency social work services. A variance is granted only if
the board provides the variance in writing to the licensee. The
board may impose conditions or restrictions on the variance.
Subd. 7. [REPRESENTATIONS OF PROFESSIONAL STATUS.] In
making representations of professional status to the public, a
licensee whose license is inactive must state that the license
is inactive and that the licensee cannot practice social work.
Subd. 8. [DISCIPLINARY OR OTHER ACTION.] The board may
resolve any pending complaints against a licensee before
approving an application for inactive status. The board may
take action pursuant to sections 148D.255 to 148D.270 against a
licensee whose license is inactive based on conduct occurring
before the license is inactive or conduct occurring while the
license is inactive.
Sec. 21. [148D.080] [REACTIVATIONS.]
Subdivision 1. [MAILING NOTICES TO LICENSEES ON TEMPORARY
LEAVE.] The board must mail a notice for reactivation to a
licensee on temporary leave at least 45 days before the
expiration date of the license pursuant to section 148D.075,
subdivision 4. Mailing the notice by United States mail to the
licensee's last known mailing address constitutes valid
mailing. Failure to receive the reactivation notice does not
relieve a licensee of the obligation to comply with the
provisions of this section to reactivate a license.
Subd. 2. [REACTIVATION FROM A TEMPORARY LEAVE OR EMERITUS
STATUS.] To reactivate a license from a temporary leave or
emeritus status, a licensee must do the following within the
time period specified in section 148D.075, subdivisions 4 and 5:
(1) complete an application form specified by the board;
(2) document compliance with the continuing education
requirements specified in subdivision 4;
(3) submit a supervision plan, if required;
(4) pay the reactivation of an inactive licensee fee
specified in section 148D.180; and
(5) pay the wall certificate fee in accordance with section
148D.095, subdivision 1, paragraph (b) or (c), if the licensee
needs a duplicate license.
Subd. 3. [REACTIVATION OF AN EXPIRED LICENSE.] To
reactivate an expired license, a licensee must do the following
within one year of the expiration date:
(1) complete an application form specified by the board;
(2) document compliance with the continuing education
requirements that were in effect at the time the license
expired;
(3) document compliance with the supervision requirements,
if applicable, that were in effect at the time the license
expired; and
(4) pay the reactivation of an expired license fee
specified in section 148D.180.
Subd. 4. [CONTINUING EDUCATION REQUIREMENTS.] (a) A
licensee who is on temporary leave or who has an emeritus
license must obtain the continuing education hours that would be
required if the license was active. At the time of
reactivation, the licensee must document compliance with the
continuing education requirements specified in sections 148D.130
to 148D.170.
(b) A licensee applying for reactivation pursuant to
subdivision 2 or 3 may apply for a variance to the continuing
education requirements pursuant to sections 148D.130 to 148D.170.
Subd. 5. [REACTIVATION OF A VOLUNTARILY TERMINATED
LICENSE.] To reactivate a voluntarily terminated license, a
licensee must do the following within one year of the date the
voluntary termination takes effect:
(1) complete an application form specified by the board;
(2) document compliance with the continued education
requirements that were in effect at the time the license was
voluntarily terminated;
(3) document compliance with the supervision requirements,
if applicable, that were in effect at the time the license was
voluntarily terminated; and
(4) pay the reactivation of an expired or voluntarily
terminated license fee specified in section 148D.180.
Sec. 22. [148D.085] [VOLUNTARY TERMINATIONS.]
Subdivision 1. [REQUESTS FOR VOLUNTARY TERMINATION.] (a) A
licensee may request voluntary termination of a license if the
licensee demonstrates to the satisfaction of the board that the
licensee is not engaged in the practice of social work in any
setting except settings in which social workers are exempt from
licensure pursuant to section 148D.065.
(b) A licensee may apply for voluntary termination:
(1) at any time by submitting an application; or
(2) as an alternative to applying for the renewal of a
license by so recording on the application for license renewal
and submitting the completed, signed application to the board.
For applications submitted electronically, a "signed
application" means providing an attestation as specified by the
board. An application that is not completed and signed must be
returned to the applicant and is void.
(c) The board may resolve any pending complaints against a
licensee before approving a request for voluntary termination.
Subd. 2. [APPLICATION FOR NEW LICENSURE.] A licensee who
has voluntarily terminated a license may not reactivate the
license after one year following the date the voluntary
termination takes effect. However, a licensee who has
voluntarily terminated a license may apply for a new license
pursuant to section 148D.055.
Subd. 3. [PROHIBITION ON PRACTICE.] A licensee who has
voluntarily terminated a license must not practice, attempt to
practice, offer to practice, or advertise or hold out as
authorized to practice social work, except when the individual
is exempt from licensure pursuant to section 148D.065.
Subd. 4. [DISCIPLINARY OR OTHER ACTION.] The board may
take action pursuant to sections 148D.255 to 148D.270 against a
licensee whose license has been terminated based on conduct
occurring before the license is terminated or for practicing
social work without a license.
Sec. 23. [148D.090] [NAME; CHANGE OF NAME OR ADDRESS.]
Subdivision 1. [NAME.] A licensee must use the licensee's
legal name or a professional name. If the licensee uses a
professional name, the licensee must inform the board in writing
of both the licensee's professional name and legal name and must
comply with the requirements of this section.
Subd. 2. [LEGAL NAME CHANGE.] Within 30 days after
changing the licensee's legal name, a licensee must:
(1) request a new license wall certificate;
(2) provide legal verification of the name change; and
(3) pay the license wall certificate fee specified in
section 148D.180.
Subd. 3. [PROFESSIONAL NAME CHANGE.] Within 30 days after
changing the licensee's professional name, a licensee must:
(1) request a new license wall certificate;
(2) provide a notarized statement attesting to the name
change; and
(3) pay the license wall certificate fee specified in
section 148D.180.
Subd. 4. [ADDRESS OR TELEPHONE CHANGE.] When a licensee
changes a mailing address, home address, work address, e-mail
address, or daytime public telephone number, the licensee must
notify the board of the change electronically or in writing no
more than 30 days after the date of the change.
Sec. 24. [148D.095] [LICENSE CERTIFICATE OR CARD.]
Subdivision 1. [LICENSE WALL CERTIFICATE.] (a) The board
must issue a new license wall certificate when the board issues
a new license. No fee in addition to the applicable license fee
specified in section 148D.180 is required.
(b) The board must replace a license wall certificate when:
(1) a licensee submits an affidavit to the board that the
original license wall certificate was lost, stolen, or
destroyed; and
(2) the licensee submits the license wall certificate fee
specified in section 148D.180.
(c) The board must issue a revised license wall certificate
when:
(1) a licensee requests a revised license wall certificate
pursuant to section 148D.095; and
(2) submits the license wall certificate fee specified in
section 148D.180.
(d) The board must issue an additional license wall
certificate when:
(1) a licensee submits a written request for a new
certificate because the licensee practices in more than one
location; and
(2) the licensee submits the license wall certificate fee
specified in section 148D.180.
Subd. 2. [LICENSE CARD.] (a) The board must issue a new
license card when the board issues a new license. No fee in
addition to the applicable license fee specified in section
148D.180 is required.
(b) The board must replace a license card when a licensee
submits:
(1) an affidavit to the board that the original license
card was lost, stolen, or destroyed; and
(2) the license card fee specified in section 148D.180.
(c) The board must issue a revised license card when the
licensee submits a written request for a new license wall
certificate because of a new professional or legal name pursuant
to section 148D.090, subdivision 2 or 3. No fee in addition to
the one specified in subdivision 1, paragraph (b), is required.
Sec. 25. [148D.100] [LICENSED SOCIAL WORKERS; SUPERVISED
PRACTICE.]
Subdivision 1. [SUPERVISION REQUIRED AFTER LICENSURE.]
After receiving a license from the board as a licensed social
worker, the licensed social worker must obtain at least 75 hours
of supervision in accordance with the requirements of this
section.
Subd. 2. [PRACTICE REQUIREMENTS.] The supervision required
by subdivision 1 must be obtained during the first 4,000 hours
of postbaccalaureate social work practice authorized by law. At
least three hours of supervision must be obtained during every
160 hours of practice.
Subd. 3. [TYPES OF SUPERVISION.] (a) Thirty-seven and
one-half hours of the supervision required by subdivision 1 must
consist of one-on-one in-person supervision.
(b) Thirty-seven and one-half hours must consist of one or
more of the following types of supervision, subject to the
limitation in clause (3):
(1) one-on-one in-person supervision;
(2) in-person group supervision; or
(3) electronic supervision such as by telephone or video
conferencing, provided that electronic supervision must not
exceed 25 hours.
(c) To qualify as in-person group supervision, the group
must not exceed seven members including the supervisor.
Subd. 4. [SUPERVISOR REQUIREMENTS.] The supervision
required by subdivision 1 must be provided by a supervisor who:
(1) is a licensed social worker who has completed the
supervised practice requirements;
(2) is a licensed graduate social worker, licensed
independent social worker, or licensed independent clinical
social worker; or
(3) meets the requirements specified in section 148D.120,
subdivision 2.
Subd. 5. [SUPERVISEE REQUIREMENTS.] The supervisee must:
(1) to the satisfaction of the supervisor, practice
competently and ethically in accordance with professional social
work knowledge, skills, and values;
(2) receive supervision in the following content areas:
(i) development of professional values and
responsibilities;
(ii) practice skills;
(iii) authorized scope of practice;
(iv) ensuring continuing competence; and
(v) ethical standards of practice;
(3) submit a supervision plan in accordance with section
148D.125, subdivision 1; and
(4) if the board audits the supervisee's supervised
practice, submit verification of supervised practice in
accordance with section 148D.125, subdivision 3.
Subd. 6. [AFTER COMPLETION OF SUPERVISION REQUIREMENTS.] A
licensed social worker who fulfills the supervision requirements
specified in subdivisions 1 to 5 is not required to be
supervised after completion of the supervision requirements.
Subd. 7. [ATTESTATION.] The social worker and the social
worker's supervisor must attest that the supervisee has met or
has made progress on meeting the applicable supervision
requirements in accordance with section 148D.125, subdivision 2.
Sec. 26. [148D.105] [LICENSED GRADUATE SOCIAL WORKERS;
SUPERVISED PRACTICE.]
Subdivision 1. [SUPERVISION REQUIRED AFTER
LICENSURE.] After receiving a license from the board as a
licensed graduate social worker, a licensed graduate social
worker must obtain at least 75 hours of supervision in
accordance with the requirements of this section.
Subd. 2. [PRACTICE REQUIREMENTS.] The supervision required
by subdivision 1 must be obtained during the first 4,000 hours
of postgraduate social work practice authorized by law. At
least three hours of supervision must be obtained during every
160 hours of practice.
Subd. 3. [TYPES OF SUPERVISION.] (a) Thirty-seven and
one-half hours of the supervision required by subdivision 1 must
consist of one-on-one in-person supervision.
(b) Thirty-seven and one-half hours must consist of one or
more of the following types of supervision, subject to the
limitation in clause (3):
(1) one-on-one in-person supervision;
(2) in-person group supervision; or
(3) electronic supervision such as by telephone or video
conferencing, provided that electronic supervision must not
exceed 25 hours.
(c) To qualify as in-person group supervision, the group
must not exceed seven members including the supervisor.
Subd. 4. [SUPERVISOR REQUIREMENTS.] The supervision
required by subdivision 1 must be provided by a supervisor who
meets the requirements specified in section 148D.120. The
supervision must be provided:
(1) if the supervisee is not engaged in clinical practice,
by a (i) licensed independent social worker, (ii) licensed
graduate social worker who has completed the supervised practice
requirements, or (iii) licensed independent clinical social
worker;
(2) if the supervisee is engaged in clinical practice, by a
licensed independent clinical social worker; or
(3) by a supervisor who meets the requirements specified in
section 148D.120, subdivision 2.
Subd. 5. [SUPERVISEE REQUIREMENTS.] The supervisee must:
(1) to the satisfaction of the supervisor, practice
competently and ethically in accordance with professional social
work knowledge, skills, and values;
(2) receive supervision in the following content areas:
(i) development of professional values and
responsibilities;
(ii) practice skills;
(iii) authorized scope of practice;
(iv) ensuring continuing competence; and
(v) ethical standards of practice;
(3) submit a supervision plan in accordance with section
148D.125, subdivision 1; and
(4) verify supervised practice in accordance with section
148D.125, subdivision 3, if:
(i) the board audits the supervisee's supervised practice;
or
(ii) a licensed graduate social worker applies for a
licensed independent social worker or licensed independent
clinical social worker license.
Subd. 6. [LICENSED GRADUATE SOCIAL WORKERS WHO PRACTICE
CLINICAL SOCIAL WORK.] (a) A licensed graduate social worker
must not engage in clinical social work practice except under
supervision by a licensed independent clinical social worker or
an alternate supervisor designated pursuant to section 148D.120,
subdivision 2.
(b) Except as provided in paragraph (c), a licensed
graduate social worker must not engage in clinical social work
practice under supervision for more than 8,000 hours. In order
to practice clinical social work for more than 8,000 hours, a
licensed graduate social worker must obtain a licensed
independent clinical social worker license.
(c) Notwithstanding the requirements of paragraph (b), the
board may grant a licensed graduate social worker permission to
engage in clinical social work practice for more than 8,000
hours if the licensed graduate social worker petitions the board
and demonstrates to the board's satisfaction that for reasons of
personal hardship the licensed graduate social worker should be
granted an extension to continue practicing clinical social work
under supervision for up to an additional 2,000 hours.
(d) Upon completion of 4,000 hours of clinical social work
practice and 75 hours of supervision in accordance with the
requirements of this section, a licensed graduate social worker
is eligible to apply for a licensed independent clinical social
worker license pursuant to section 148D.115, subdivision 1.
Subd. 7. [LICENSED GRADUATE SOCIAL WORKERS WHO DO NOT
PRACTICE CLINICAL SOCIAL WORK.] A licensed graduate social
worker who fulfills the supervision requirements specified in
subdivisions 1 to 5, and who does not practice clinical social
work, is not required to be supervised after completion of the
supervision requirements.
Subd. 8. [ATTESTATION.] A social worker and the social
worker's supervisor must attest that the supervisee has met or
has made progress on meeting the applicable supervision
requirements in accordance with section 148D.125, subdivision 2.
Sec. 27. [148D.110] [LICENSED INDEPENDENT SOCIAL WORKERS;
SUPERVISED PRACTICE.]
Subdivision 1. [SUPERVISION REQUIRED BEFORE
LICENSURE.] Before becoming licensed as a licensed independent
social worker, a person must have obtained at least 75 hours of
supervision during 4,000 hours of postgraduate social work
practice authorized by law in accordance with the requirements
of section 148D.105, subdivisions 3, 4, and 5. At least three
hours of supervision must be obtained during every 160 hours of
practice.
Subd. 2. [LICENSED INDEPENDENT SOCIAL WORKERS WHO PRACTICE
CLINICAL SOCIAL WORK AFTER LICENSURE.] (a) After licensure, a
licensed independent social worker must not engage in clinical
social work practice except under supervision by a licensed
independent clinical social worker or an alternate supervisor
designated pursuant to section 148D.120, subdivision 2.
(b) Except as provided in paragraph (c), a licensed
independent social worker must not engage in clinical social
work practice under supervision for more than 8,000 hours. In
order to practice clinical social work for more than 8,000
hours, a licensed independent social worker must obtain a
licensed independent clinical social worker license.
(c) Notwithstanding the requirements of paragraph (b), the
board may grant a licensed independent social worker permission
to engage in clinical social work practice for more than 8,000
hours if the licensed independent social worker petitions the
board and demonstrates to the board's satisfaction that for
reasons of personal hardship the licensed independent social
worker should be granted an extension to continue practicing
clinical social work under supervision for up to an additional
2,000 hours.
Subd. 3. [LICENSED INDEPENDENT SOCIAL WORKERS WHO DO NOT
PRACTICE CLINICAL SOCIAL WORK AFTER LICENSURE.] After licensure,
a licensed independent social worker is not required to be
supervised if the licensed independent social worker does not
practice clinical social work.
Sec. 28. [148D.115] [LICENSED INDEPENDENT CLINICAL SOCIAL
WORKERS; SUPERVISED PRACTICE.]
Subdivision 1. [SUPERVISION REQUIRED BEFORE
LICENSURE.] Before becoming licensed as a licensed independent
clinical social worker, a person must have obtained at least 75
hours of supervision during 4,000 hours of postgraduate clinical
practice authorized by law in accordance with the requirements
of section 148D.105, subdivisions 3, 4, and 5. At least three
hours of supervision must be obtained during every 160 hours of
practice.
Subd. 2. [NO SUPERVISION REQUIRED AFTER LICENSURE.] After
licensure, a licensed independent clinical social worker is not
required to be supervised.
Sec. 29. [148D.120] [REQUIREMENTS OF SUPERVISORS.]
Subdivision 1. [SUPERVISORS LICENSED AS SOCIAL WORKERS.]
(a) Except as provided in paragraph (b), to be eligible to
provide supervision under this section, a social worker must
attest, on a form provided by the board, that he or she has met
the applicable licensure requirements specified in sections
148D.100 to 148D.115.
(b) If the board determines that supervision is not
obtainable from an individual meeting the requirements specified
in paragraph (a), the board may approve an alternate supervisor
pursuant to subdivision 2.
Subd. 2. [ALTERNATE SUPERVISORS.] (a) The board may
approve an alternate supervisor if:
(1) the board determines that supervision is not obtainable
pursuant to paragraph (b);
(2) the licensee requests in the supervision plan submitted
pursuant to section 148D.125, subdivision 1, that an alternate
supervisor conduct the supervision;
(3) the licensee describes the proposed supervision and the
name and qualifications of the proposed alternate supervisor;
and
(4) the requirements of paragraph (d) are met.
(b) The board may determine that supervision is not
obtainable if:
(1) the licensee provides documentation as an attachment to
the supervision plan submitted pursuant to section 148D.125,
subdivision 1, that the licensee has conducted a thorough search
for a supervisor meeting the applicable licensure requirements
specified in sections 148D.100 to 148D.115;
(2) the licensee demonstrates to the board's satisfaction
that the search was unsuccessful; and
(3) the licensee describes the extent of the search and the
names and locations of the persons and organizations contacted.
(c) The following are not grounds for a determination that
supervision is unobtainable:
(1) obtaining a supervisor who meets the requirements of
subdivision 1 would present the licensee with a financial
hardship;
(2) the licensee is unable to obtain a supervisor who meets
the requirements of subdivision 1 within the licensee's agency
or organization and the agency or organization will not allow
outside supervision; or
(3) the specialized nature of the licensee's practice
requires supervision from a practitioner other than an
individual licensed as a social worker.
(d) An alternate supervisor must:
(1) be an unlicensed social worker who is employed in, and
provides the supervision in, a setting exempt from licensure by
section 148D.065, and who has qualifications equivalent to the
applicable requirements specified in sections 148D.100 to
148D.115; or
(2) be a licensed marriage and family therapist or a mental
health professional as established by section 245.462,
subdivision 18, or 245.4871, subdivision 27, or an equivalent
mental health professional, as determined by the board, who is
licensed or credentialed by a state, territorial, provincial, or
foreign licensing agency.
In order to qualify to provide clinical supervision of a
licensed graduate social worker or licensed independent social
worker engaged in clinical practice, the alternate supervisor
must be a mental health professional as established by section
245.462, subdivision 18, or 245.4871, subdivision 27, or an
equivalent mental health professional, as determined by the
board, who is licensed or credentialed by a state, territorial,
provincial, or foreign licensing agency.
Sec. 30. [148D.125] [DOCUMENTATION OF SUPERVISION.]
Subdivision 1. [SUPERVISION PLAN.] (a) A social worker
must submit, on a form provided by the board, a supervision plan
for meeting the supervision requirements specified in sections
148D.100 to 148D.120.
(b) The supervision plan must be submitted no later than 90
days after the licensee begins a social work practice position
after becoming licensed.
(c) For failure to submit the supervision plan within 90
days after beginning a social work practice position, a licensee
must pay the supervision plan late fee specified in section
148D.180 when the licensee applies for license renewal.
(d) A license renewal application submitted pursuant to
paragraph (a) must not be approved unless the board has received
a supervision plan.
(e) The supervision plan must include the following:
(1) the name of the supervisee, the name of the agency in
which the supervisee is being supervised, and the supervisee's
position title;
(2) the name and qualifications of the person providing the
supervision;
(3) the number of hours of one-on-one in-person supervision
and the number and type of additional hours of supervision to be
completed by the supervisee;
(4) the supervisee's position description;
(5) a brief description of the supervision the supervisee
will receive in the following content areas:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge,
skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice; and
(6) if applicable, a detailed description of the
supervisee's clinical social work practice, addressing:
(i) the client population, the range of presenting issues,
and the diagnoses;
(ii) the clinical modalities that were utilized; and
(iii) the process utilized for determining clinical
diagnoses, including the diagnostic instruments used and the
role of the supervisee in the diagnostic process.
(f) The board must receive a revised supervision plan
within 90 days of any of the following changes:
(1) the supervisee has a new supervisor;
(2) the supervisee begins a new social work position;
(3) the scope or content of the supervisee's social work
practice changes substantially;
(4) the number of practice or supervision hours changes
substantially; or
(5) the type of supervision changes as supervision is
described in section 148D.100, subdivision 3, or 148D.105,
subdivision 3, or as required in section 148D.115, subdivision 4.
(g) For failure to submit a revised supervised plan as
required in paragraph (f), a supervisee must pay the supervision
plan late fee specified in section 148D.180, when the supervisee
applies for license renewal.
(h) The board must approve the supervisor and the
supervision plan.
Subd. 2. [ATTESTATION.] (a) When a supervisee submits
renewal application materials to the board, the supervisee and
supervisor must submit an attestation providing the following
information on a form provided by the board:
(1) the name of the supervisee, the name of the agency in
which the supervisee is being supervised, and the supervisee's
position title;
(2) the name and qualifications of the supervisor;
(3) the number of hours and dates of each type of
supervision completed;
(4) the supervisee's position description;
(5) a declaration that the supervisee has not engaged in
conduct in violation of the standards of practice specified in
sections 148D.195 to 148D.240;
(6) a declaration that the supervisee has practiced
competently and ethically in accordance with professional social
work knowledge, skills, and values; and
(7) a list of the content areas in which the supervisee has
received supervision, including the following:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge,
skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice.
(b) The information provided on the attestation form must
demonstrate to the board's satisfaction that the supervisee has
met or has made progress on meeting the applicable supervised
practice requirements.
Subd. 3. [VERIFICATION OF SUPERVISED PRACTICE.] (a) In
addition to receiving the attestation required pursuant to
subdivision 2, the board must receive verification of supervised
practice if:
(1) the board audits the supervision of a supervisee
pursuant to section 148D.070, subdivision 3; or
(2) an applicant applies for a license as a licensed
independent social worker or as a licensed independent clinical
social worker.
(b) When verification of supervised practice is required
pursuant to paragraph (a), the board must receive from the
supervisor the following information on a form provided by the
board:
(1) the name of the supervisee, the name of the agency in
which the supervisee is being supervised, and the supervisee's
position title;
(2) the name and qualifications of the supervisor;
(3) the number of hours and dates of each type of
supervision completed;
(4) the supervisee's position description;
(5) a declaration that the supervisee has not engaged in
conduct in violation of the standards of practice specified in
sections 148D.195 to 148D.240;
(6) a declaration that the supervisee has practiced
ethically and competently in accordance with professional social
work knowledge, skills, and values;
(7) a list of the content areas in which the supervisee has
received supervision, including the following:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge,
skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice; and
(8) if applicable, a detailed description of the
supervisee's clinical social work practice, addressing:
(i) the client population, the range of presenting issues,
and the diagnoses;
(ii) the clinical modalities that were utilized; and
(iii) the process utilized for determining clinical
diagnoses, including the diagnostic instruments used and the
role of the supervisee in the diagnostic process.
(c) The information provided on the verification form must
demonstrate to the board's satisfaction that the supervisee has
met the applicable supervised practice requirements.
Subd. 4. [ALTERNATIVE VERIFICATION OF SUPERVISED
PRACTICE.] Notwithstanding the requirements of subdivision 3,
the board may accept alternative verification of supervised
practice if a supervisee demonstrates to the satisfaction of the
board that the supervisee is unable to locate a former
supervisor to provide the required information.
Sec. 31. [148D.130] [CLOCK HOURS REQUIRED.]
Subdivision 1. [TOTAL CLOCK HOURS REQUIRED.] At the time
of license renewal, a licensee must provide evidence
satisfactory to the board that the licensee has, during the
renewal term, completed at least 30 clock hours of continuing
education.
Subd. 2. [ETHICS REQUIREMENT.] At least two of the clock
hours required under subdivision 1 must be in social work ethics.
Subd. 3. [INDEPENDENT STUDY.] Independent study must not
consist of more than ten clock hours of continuing education per
renewal term. Independent study must be for publication, public
presentation, or professional development. Independent study
includes, but is not limited to, electronic study.
Subd. 4. [COURSEWORK.] One credit of coursework in a
semester-based academic institution is the equivalent of 15
clock hours.
Subd. 5. [PRORATED RENEWAL TERM.] If the licensee's
renewal term is prorated to be less or more than 24 months, the
required number of continuing education clock hours is prorated
proportionately.
Sec. 32. [148D.135] [APPROVAL OF CLOCK HOURS.]
Subdivision 1. [WAYS OF APPROVING CLOCK HOURS.] The clock
hours required under section 148D.130 must be approved in one or
more of the following ways:
(1) the hours must be offered by a continuing education
provider approved by the board;
(2) the hours must be offered by a continuing education
provider approved by the Association of Social Work Boards or a
similar examination body designated by the board;
(3) the hours must be earned through a continuing education
program approved by the National Association of Social Workers;
or
(4) the hours must be earned through a continuing education
program approved by the board.
Subd. 2. [PREAPPROVAL NOT REQUIRED.] Providers and
programs are not required to be preapproved but must meet the
requirements specified in this section.
Sec. 33. [148D.140] [VARIANCES.]
The board may grant a variance to the continuing education
requirements specified in section 148D.130, when a licensee
demonstrates to the satisfaction of the board that the licensee
is unable to complete the required number of clock hours during
the renewal term. The board may allow a licensee to complete
the required number of clock hours within a time frame specified
by the board. The board must not allow a licensee to complete
less than the required number of clock hours.
Sec. 34. [148D.145] [CONTINUING EDUCATION PROVIDERS
APPROVED BY THE BOARD.]
Subdivision 1. [BOARD APPROVAL.] (a) The board must
approve a continuing education provider who:
(1) submits a completed application to the board which
provides the information required by subdivision 2 and which
meets the criteria specified in subdivision 3; and
(2) pays the provider fee specified in section 148D.180.
(b) An approval is valid for programs offered no later than
one year from the date the application is approved by the board.
Subd. 2. [INFORMATION REQUIRED.] The information that must
be provided to the board includes, but is not limited to, the
following:
(1) the name of the continuing education provider;
(2) the address, telephone number, and e-mail address of a
contact person for the provider;
(3) a signed statement that indicates the provider
understands and agrees to abide by the criteria specified in
subdivision 3; and
(4) a signed statement that indicates the provider agrees
to furnish a certificate of attendance to each participant in a
program offered by the provider.
Subd. 3. [CRITERIA FOR PROGRAMS OFFERED BY CONTINUING
EDUCATION PROVIDERS.] (a) A continuing education provider must
employ the following criteria in determining whether to offer a
continuing education program:
(1) whether the material to be presented will promote the
standards of practice described in sections 148D.195 to
148D.240;
(2) whether the material to be presented will contribute to
the practice of social work as defined in section 148D.010;
(3) whether the material to be presented is intended for
the benefit of practicing social workers; and
(4) whether the persons presenting the program are
qualified in the subject matter being presented.
(b) The material presented must not be primarily procedural
or primarily oriented towards business practices or
self-development.
Subd. 4. [AUDITS.] (a) The board may audit programs
offered by a continuing education provider approved by the board
to determine compliance with the requirements of this section.
(b) A continuing education provider audited by the board
must provide the documentation specified in subdivision 5.
Subd. 5. [INFORMATION REQUIRED TO BE MAINTAINED BY
CONTINUING EDUCATION PROVIDERS.] For three years following the
end of each program offered by a continuing education provider,
the provider must maintain the following information:
(1) the title of the program;
(2) a description of the content and objectives of the
program;
(3) the date of the program;
(4) the number of clock hours credited for participation in
the program;
(5) the program location;
(6) the names and qualifications of the primary presenters;
(7) a description of the primary audience the program was
designed for; and
(8) a list of the participants in the program.
Sec. 35. [148D.150] [CONTINUING EDUCATION PROVIDERS
APPROVED BY THE ASSOCIATION OF SOCIAL WORK BOARDS.]
In order to receive credit for a program offered by a
continuing education provider approved by the Association of
Social Work Boards or a similar examination body designated by
the board, the provider must be listed on the Association of
Social Work Boards Web site as a provider currently approved by
the Association of Social Work Boards or a similar examination
body designated by the board.
Sec. 36. [148D.155] [CONTINUING EDUCATION PROGRAMS
APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.]
In order to receive credit for a program approved by the
National Association of Social Workers, the program must be
listed on the National Association of Social Workers Web site as
a program currently approved by the National Association of
Social Workers.
Sec. 37. [148D.160] [CONTINUING EDUCATION PROGRAMS
APPROVED BY THE BOARD.]
Subdivision 1. [REQUIRED PROGRAM CONTENT.] In order to be
approved by the board, a continuing education program must:
(1) promote the standards of practice described in sections
148D.195 to 148D.240;
(2) contribute to the practice of social work as defined in
section 148D.010; and
(3) not be primarily procedural or be primarily oriented
towards business practices or self-development.
Subd. 2. [TYPES OF CONTINUING EDUCATION PROGRAMS.] In
order to be approved by the board, a continuing education
program must be one of the following: academic coursework
offered by an institution of higher learning; educational
workshops, seminars, or conferences offered by an organization
or individual; staff training offered by a public or private
employer; or independent study.
Sec. 38. [148D.165] [CONTINUING EDUCATION REQUIREMENTS OF
LICENSEES.]
Subdivision 1. [INFORMATION REQUIRED TO BE MAINTAINED BY
LICENSEES.] For one year following the expiration date of a
license, the licensee must maintain documentation of clock hours
earned during the previous renewal term. The documentation must
include the following:
(1) for educational workshops or seminars offered by an
organization or at a conference, a copy of the certificate of
attendance issued by the presenter or sponsor giving the
following information:
(i) the name of the sponsor or presenter of the program;
(ii) the title of the workshop or seminar;
(iii) the dates the licensee participated in the program;
and
(iv) the number of clock hours completed;
(2) for academic coursework offered by an institution of
higher learning, a copy of a transcript giving the following
information:
(i) the name of the institution offering the course;
(ii) the title of the course;
(iii) the dates the licensee participated in the course;
and
(iv) the number of credits completed;
(3) for staff training offered by public or private
employers, a copy of the certificate of attendance issued by the
employer giving the following information:
(i) the name of the employer;
(ii) the title of the staff training;
(iii) the dates the licensee participated in the program;
and
(iv) the number of clock hours completed; and
(4) for independent study, including electronic study, a
written summary of the study conducted, including the following
information:
(i) the topics studied;
(ii) a description of the applicability of the study to the
licensee's authorized scope of practice;
(iii) the titles and authors of books and articles
consulted or the name of the organization offering the study;
(iv) the dates the licensee conducted the study; and
(v) the number of clock hours the licensee conducted the
study.
Subd. 2. [AUDITS.] The board may audit license renewal and
reactivation applications to determine compliance with the
requirements of sections 148D.130 to 148D.170. A licensee
audited by the board must provide the documentation specified in
subdivision 1 regardless of whether the provider or program has
been approved by the board, the Association of Social Work
Boards, or a similar examination body designated by the board,
or the National Association of Social Workers.
Sec. 39. [148D.170] [REVOCATION OF CONTINUING EDUCATION
APPROVALS.]
The board may revoke approval of a provider or of a program
offered by a provider, or of an individual program approved by
the board, if the board determines subsequent to the approval
that the provider or program failed to meet the requirements of
sections 148D.130 to 148D.170.
Sec. 40. [148D.175] [FEES.]
The fees specified in section 148D.180 are nonrefundable
and must be deposited in the state government special revenue
fund.
Sec. 41. [148D.180] [FEE AMOUNTS.]
Subdivision 1. [APPLICATION FEES.] Application fees for
licensure are as follows:
(1) for a licensed social worker, $45;
(2) for a licensed graduate social worker, $45;
(3) for a licensed independent social worker, $90;
(4) for a licensed independent clinical social worker, $90;
(5) for a temporary license, $50; and
(6) for a licensure by endorsement, $150.
The fee for criminal background checks is the fee charged
by the Bureau of Criminal Apprehension. The criminal background
check fee must be included with the application fee as required
pursuant to section 148D.055.
Subd. 2. [LICENSE FEES.] License fees are as follows:
(1) for a licensed social worker, $115.20;
(2) for a licensed graduate social worker, $201.60;
(3) for a licensed independent social worker, $302.40;
(4) for a licensed independent clinical social worker,
$331.20;
(5) for an emeritus license, $43.20; and
(6) for a temporary leave fee, the same as the renewal fee
specified in subdivision 3.
If the licensee's initial license term is less or more than
24 months, the required license fees must be prorated
proportionately.
Subd. 3. [RENEWAL FEES.] Renewal fees for licensure are as
follows:
(1) for a licensed social worker, $115.20;
(2) for a licensed graduate social worker, $201.60;
(3) for a licensed independent social worker, $302.40; and
(4) for a licensed independent clinical social worker,
$331.20.
Subd. 4. [CONTINUING EDUCATION PROVIDER FEES.] Continuing
education provider fees are as follows:
(1) for a provider who offers programs totaling one to
eight clock hours in a one-year period pursuant to section
148D.145, $50;
(2) for a provider who offers programs totaling nine to 16
clock hours in a one-year period pursuant to section 148D.145,
$100;
(3) for a provider who offers programs totaling 17 to 32
clock hours in a one-year period pursuant to section 148D.145,
$200;
(4) for a provider who offers programs totaling 33 to 48
clock hours in a one-year period pursuant to section 148D.145,
$400; and
(5) for a provider who offers programs totaling 49 or more
clock hours in a one-year period pursuant to section 148D.145,
$600.
Subd. 5. [LATE FEES.] Late fees are as follows:
(1) renewal late fee, one-half of the renewal fee specified
in subdivision 3; and
(2) supervision plan late fee, $40.
Subd. 6. [LICENSE CARDS AND WALL CERTIFICATES.] (a) The
fee for a license card as specified in section 148D.095 is $10.
(b) The fee for a license wall certificate as specified in
section 148D.095 is $30.
Subd. 7. [REACTIVATION FEES.] Reactivation fees are as
follows:
(1) reactivation from a temporary leave or emeritus status,
the prorated share of the renewal fee specified in subdivision
3; and
(2) reactivation of an expired license, 1-1/2 times the
renewal fees specified in subdivision 3.
Subd. 8. [TEMPORARY FEE REDUCTION.] For fiscal years 2006,
2007, 2008, and 2009, the following fee changes are effective:
(1) in subdivision 1, the application fee for a licensed
independent social worker is reduced to $45;
(2) in subdivision 1, the application fee for a licensed
independent clinical social worker is reduced to $45;
(3) in subdivision 1, the application fee for a licensure
by endorsement is reduced to $85;
(4) in subdivision 2, the license fee for a licensed social
worker is reduced to $90;
(5) in subdivision 2, the license fee for a licensed
graduate social worker is reduced to $160;
(6) in subdivision 2, the license fee for a licensed
independent social worker is reduced to $240;
(7) in subdivision 2, the license fee for a licensed
independent clinical social worker is reduced to $265;
(8) in subdivision 3, the renewal fee for a licensed social
worker is reduced to $90;
(9) in subdivision 3, the renewal fee for a licensed
graduate social worker is reduced to $160;
(10) in subdivision 3, the renewal fee for a licensed
independent social worker is reduced to $240;
(11) in subdivision 3, the renewal fee for a licensed
independent clinical social worker is reduced to $265; and
(12) in subdivision 5, the renewal late fee is reduced to
one-third of the renewal fee specified in subdivision 3.
This subdivision expires on June 30, 2009.
Sec. 42. [148D.185] [PURPOSE OF COMPLIANCE LAWS.]
The purpose of sections 148D.185 to 148D.290 is to protect
the public by ensuring that all persons licensed as social
workers meet minimum standards of practice. The board shall
promptly and fairly investigate and resolve all complaints
alleging violations of statutes and rules that the board is
empowered to enforce and (1) take appropriate disciplinary
action, adversarial action, or other action justified by the
facts, or (2) enter into corrective action agreements or
stipulations to cease practice, when doing so is consistent with
the board's obligation to protect the public.
Sec. 43. [148D.190] [GROUNDS FOR ACTION.]
Subdivision 1. [SCOPE.] The grounds for action in
subdivisions 2 to 4 and the standards of practice requirements
in sections 148D.195 to 148D.240 apply to all licensees and
applicants.
Subd. 2. [VIOLATIONS.] The board has grounds to take
action pursuant to sections 148D.255 to 148D.270 when a social
worker violates:
(1) a statute or rule enforced by the board, including this
section and sections 148D.195 to 148D.240;
(2) a federal or state law or rule related to the practice
of social work; or
(3) an order, stipulation, or agreement agreed to or issued
by the board.
Subd. 3. [CONDUCT BEFORE LICENSURE.] A violation of the
requirements specified in this section and sections 148D.195 to
148D.240 is grounds for the board to take action under sections
148D.255 to 148D.270. The board's jurisdiction to exercise the
powers provided in this section extends to an applicant or
licensee's conduct that occurred before licensure if:
(1) the conduct did not meet the minimum accepted and
prevailing standards of professional social work practice at the
time the conduct occurred; or
(2) the conduct adversely affects the applicant or
licensee's present ability to practice social work in conformity
with the requirements of sections 148D.195 to 148D.240.
Subd. 4. [UNAUTHORIZED PRACTICE.] The board has grounds to
take action pursuant to sections 148D.255 to 148D.270 when a
social worker:
(1) practices outside the scope of practice authorized by
section 148D.050;
(2) engages in the practice of social work without a social
work license under section 148D.055 or 148D.060, except when the
social worker is exempt from licensure pursuant to section
148D.065;
(3) provides social work services to a client who receives
social work services in this state, and is not licensed pursuant
to section 148D.055 or 148D.060, except when the social worker
is exempt from licensure pursuant to section 148D.065.
Sec. 44. [148D.195] [REPRESENTATIONS TO CLIENTS AND
PUBLIC.]
Subdivision 1. [REQUIRED DISPLAYS AND INFORMATION FOR
CLIENTS.] (a) A social worker must conspicuously display at the
social worker's places of practice, or make available as a
handout for all clients, information that the client has the
right to the following:
(1) to be informed of the social worker's license status,
education, training, and experience;
(2) to examine public data on the social worker maintained
by the board;
(3) to report a complaint about the social worker's
practice to the board; and
(4) to be informed of the board's mailing address, e-mail
address, Web site address, and telephone number.
(b) A social worker must conspicuously display the social
worker's wall certificate at the social worker's places of
practice and office locations. Additional wall certificates may
be requested pursuant to section 148D.095.
Subd. 2. [REPRESENTATIONS.] (a) No applicant or other
individual may be represented to the public by any title
incorporating the words "social work" or "social worker" unless
the individual holds a license pursuant to sections 148D.055 and
148D.060 or practices in a setting exempt from licensure
pursuant to section 148D.065.
(b) In all professional use of a social worker's name, the
social worker must use the license designation "LSW" or
"licensed social worker" for a licensed social worker, "LGSW" or
"licensed graduate social worker" for a licensed graduate social
worker, "LISW" or "licensed independent social worker" for a
licensed independent social worker, or "LICSW" or "licensed
independent clinical social worker" for a licensed independent
clinical social worker.
(c) Public statements or advertisements must not be
untruthful, misleading, false, fraudulent, deceptive, or
potentially exploitative of clients, former clients, interns,
students, supervisees, or the public.
(d) A social worker must not:
(1) use licensure status as a claim, promise, or guarantee
of successful service;
(2) obtain a license by cheating or employing fraud or
deception;
(3) make false statements or misrepresentations to the
board or in materials submitted to the board; or
(4) engage in conduct that has the potential to deceive or
defraud a social work client, intern, student, supervisee, or
the public.
Subd. 3. [INFORMATION ON CREDENTIALS.] (a) A social worker
must provide accurate and factual information concerning the
social worker's credentials, education, training, and experience
when the information is requested by clients, potential clients,
or other persons or organizations.
(b) A social worker must not misrepresent directly or by
implication the social worker's license, degree, professional
certifications, affiliations, or other professional
qualifications in any oral or written communications to clients,
potential clients, or other persons or organizations. A social
worker must take reasonable steps to prevent such
misrepresentations by other social workers.
(c) A social worker must not hold out as a person licensed
as a social worker without having a social work license pursuant
to sections 148D.055 and 148D.060.
(d) A social worker must not misrepresent directly or by
implication (1) affiliations with institutions or organizations,
or (2) purposes or characteristics of institutions or
organizations with which the social worker is or has been
affiliated.
Sec. 45. [148D.200] [COMPETENCE.]
Subdivision 1. [COMPETENCE.] (a) A social worker must
provide services and hold out as competent only to the extent
the social worker's education, training, license, consultation
received, supervision experience, or other relevant professional
experience demonstrate competence in the services provided. A
social worker must make a referral to a competent professional
when the services required are beyond the social worker's
competence or authorized scope of practice.
(b) When generally recognized standards do not exist with
respect to an emerging area of practice, including but not
limited to providing social work services through electronic
means, a social worker must take the steps necessary, such as
consultation or supervision, to ensure the competence of the
social worker's work and to protect clients from harm.
Subd. 2. [SUPERVISION OR CONSULTATION.] Notwithstanding
the completion of supervision requirements as specified in
sections 148D.100 to 148D.125, a social worker must obtain
supervision or engage in consultation when appropriate or
necessary for competent and ethical practice.
Subd. 3. [DELEGATION OF SOCIAL WORK RESPONSIBILITIES.] (a)
A social worker must not delegate a social work responsibility
to another individual when the social worker knows or reasonably
should know that the individual is not licensed when required to
be licensed pursuant to sections 148D.055 and 148D.060.
(b) A social worker must not delegate a social work
responsibility to another individual when the social worker
knows or reasonably should know that the individual is not
competent to assume the responsibility or perform the task.
Sec. 46. [148D.205] [IMPAIRMENT.]
Subdivision 1. [GROUNDS FOR ACTION.] The board has grounds
to take action under sections 148D.255 to 148D.270 when a social
worker is 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, physical, or
psychological condition.
Subd. 2. [SELF-REPORTING.] A social worker regulated by
the board who is 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, physical,
or psychological condition, must report to the board or the
health professionals services program.
Sec. 47. [148D.210] [PROFESSIONAL AND ETHICAL CONDUCT.]
The board has grounds to take action under sections
148D.255 to 148D.270 when a social worker:
(1) engages in unprofessional or unethical conduct,
including any departure from or failure to conform to the
minimum accepted ethical and other prevailing standards of
professional social work practice, without actual injury to a
social work client, intern, student, supervisee or the public
needing to be established;
(2) engages in conduct that has the potential to cause harm
to a client, intern, student, supervisee, or the public;
(3) demonstrates a willful or careless disregard for the
health, welfare, or safety of a client, intern, student, or
supervisee; or
(4) engages in acts or conduct adversely affecting the
applicant or licensee's current ability or fitness to engage in
social work practice, whether or not the acts or conduct
occurred while engaged in the practice of social work.
Sec. 48. [148D.215] [RESPONSIBILITIES TO CLIENTS.]
Subdivision 1. [RESPONSIBILITY TO CLIENTS.] A social
worker's primary professional responsibility is to the client.
A social worker must respect the client's interests, including
the interest in self-determination, except when required to do
otherwise by law.
Subd. 2. [NONDISCRIMINATION.] A social worker must not
discriminate against a client, intern, student, or supervisee or
in providing services to a client, intern, or supervisee on the
basis of age, gender, sexual orientation, race, color, national
origin, religion, illness, disability, political affiliation, or
social or economic status.
Subd. 3. [RESEARCH.] When undertaking research activities,
a social worker must use accepted protocols for the protection
of human subjects, including (1) establishing appropriate
safeguards to protect the subject's vulnerability, and (2)
obtaining the subjects' informed consent.
Sec. 49. [148D.220] [RELATIONSHIPS WITH CLIENTS, FORMER
CLIENTS, AND OTHER INDIVIDUALS.]
Subdivision 1. [SOCIAL WORKER RESPONSIBILITY.] (a) A
social worker is responsible for acting professionally in
relationships with clients or former clients. A client or a
former client's initiation of, or attempt to engage in, or
request to engage in, a personal, sexual, or business
relationship is not a defense to a violation of this section.
(b) When a relationship is permitted by this section,
social workers who engage in such a relationship assume the full
burden of demonstrating that the relationship will not be
detrimental to the client or the professional relationship.
Subd. 2. [PROFESSIONAL BOUNDARIES.] A social worker must
maintain appropriate professional boundaries with a client. A
social worker must not engage in practices with clients that
create an unacceptable risk of client harm or of impairing a
social worker's objectivity or professional judgment. A social
worker must not act or fail to act in a way that, as judged by a
reasonable and prudent social worker, inappropriately encourages
the client to relate to the social worker outside of the
boundaries of the professional relationship, or in a way that
interferes with the client's ability to benefit from social work
services from the social worker.
Subd. 3. [MISUSE OF PROFESSIONAL RELATIONSHIP.] A social
worker must not use the professional relationship with a client,
student, supervisee, or intern to further the social worker's
personal, emotional, financial, sexual, religious, political, or
business benefit or interests.
Subd. 4. [IMPROPER TERMINATION.] A social worker must not
terminate a professional relationship for the purpose of
beginning a personal, sexual, or business relationship with a
client.
Subd. 5. [PERSONAL RELATIONSHIP WITH A CLIENT.] (a) Except
as provided in paragraph (b), a social worker must not engage in
a personal relationship with a client that creates a risk of
client harm or of impairing a social worker's objectivity or
professional judgment.
(b) Notwithstanding paragraph (a), if a social worker is
unable to avoid a personal relationship with a client, the
social worker must take appropriate precautions, such as
consultation or supervision, to address the potential for risk
of client harm or of impairing a social worker's objectivity or
professional judgment.
Subd. 6. [PERSONAL RELATIONSHIP WITH A FORMER CLIENT.] A
social worker may engage in a personal relationship with a
former client after appropriate termination of the professional
relationship, except:
(1) as prohibited by subdivision 8; or
(2) if a reasonable and prudent social worker would
conclude after appropriate assessment that (i) the former client
is emotionally dependent on the social worker or continues to
relate to the social worker as a client, or (ii) the social
worker is emotionally dependent on the client or continues to
relate to the former client as a social worker.
Subd. 7. [SEXUAL CONDUCT WITH A CLIENT.] A social worker
must not engage in or suggest sexual conduct with a client.
Subd. 8. [SEXUAL CONDUCT WITH A FORMER CLIENT.] (a) A
social worker who has engaged in diagnosing, counseling, or
treating a client with mental, emotional, or behavioral
disorders must not engage in or suggest sexual conduct with the
former client under any circumstances unless:
(1) the social worker did not intentionally or
unintentionally coerce, exploit, deceive, or manipulate the
former client at any time;
(2) the social worker did not represent to the former
client that sexual conduct with the social worker is consistent
with or part of the client's treatment;
(3) the social worker's sexual conduct was not detrimental
to the former client at any time;
(4) the former client is not emotionally dependent on the
social worker and does not continue to relate to the social
worker as a client; and
(5) the social worker is not emotionally dependent on the
client and does not continue to relate to the former client as a
social worker.
(b) If there is an alleged violation of paragraph (a), the
social worker assumes the full burden of demonstrating to the
board that the social worker did not intentionally or
unintentionally coerce, exploit, deceive, or manipulate the
client, and the social worker's sexual conduct was not
detrimental to the client at any time. Upon request, a social
worker must provide information to the board addressing:
(1) the amount of time that has passed since termination of
services;
(2) the duration, intensity, and nature of services;
(3) the circumstances of termination of services;
(4) the former client's emotional, mental, and behavioral
history;
(5) the former client's current emotional, mental, and
behavioral status;
(6) the likelihood of adverse impact on the former client;
and
(7) the existence of actions, conduct, or statements made
by the social worker during the course of services suggesting or
inviting the possibility of a sexual relationship with the
client following termination of services.
(c) A social worker who has provided social work services
other than those described in paragraph (a) to a client must not
engage in or suggest sexual conduct with the former client if a
reasonable and prudent social worker would conclude after
appropriate assessment that engaging in such behavior with the
former client would create an unacceptable risk of harm to the
former client.
Subd. 9. [SEXUAL CONDUCT WITH A STUDENT, SUPERVISEE, OR
INTERN.] (a) A social worker must not engage in or suggest
sexual conduct with a student while the social worker has
authority over any part of the student's academic program.
(b) A social worker supervising an intern must not engage
in or suggest sexual conduct with the intern during the course
of the internship.
(c) A social worker practicing social work as a supervisor
must not engage in or suggest sexual conduct with a supervisee
during the period of supervision.
Subd. 10. [SEXUAL HARASSMENT.] A social worker must not
engage in any physical, oral, written, or electronic behavior
that a client, former client, student, supervisee, or intern may
reasonably interpret as sexually harassing or sexually demeaning.
Subd. 11. [BUSINESS RELATIONSHIP WITH A CLIENT.] A social
worker must not purchase goods or services from a client or
otherwise engage in a business relationship with a client except
when:
(1) a social worker purchases goods or services from the
client and a reasonable and prudent social worker would
determine that it is not practical or reasonable to obtain the
goods or services from another provider; and
(2) engaging in the business relationship will not be
detrimental to the client or the professional relationship.
Subd. 12. [BUSINESS RELATIONSHIP WITH A FORMER CLIENT.] A
social worker may purchase goods or services from a former
client or otherwise engage in a business relationship with a
former client after appropriate termination of the professional
relationship unless a reasonable and prudent social worker would
conclude after appropriate assessment that:
(1) the former client is emotionally dependent on the
social worker and purchasing goods or services from the former
client or otherwise engaging in a business relationship with the
former client would be detrimental to the former client; or
(2) the social worker is emotionally dependent on the
former client and purchasing goods or services from the former
client or otherwise engaging in a business relationship with the
former client would be detrimental to the former client.
Subd. 13. [PREVIOUS SEXUAL, PERSONAL, OR BUSINESS
RELATIONSHIP.] (a) A social worker must not engage in a social
worker/client relationship with an individual with whom the
social worker had a previous sexual relationship.
(b) A social worker must not engage in a social
worker/client relationship with an individual with whom the
social worker had a previous personal or business relationship
if a reasonable and prudent social worker would conclude after
appropriate assessment that the social worker/client
relationship would create an unacceptable risk of client harm or
that the social worker's objectivity or professional judgment
may be impaired.
Subd. 14. [GIVING ALCOHOL OR OTHER DRUGS TO A CLIENT.] (a)
Unless authorized by law, a social worker must not offer
medication or controlled substances to a client.
(b) A social worker must not accept medication or
controlled substances from a client except that if authorized by
law, a social worker may accept medication or controlled
substances from a client for purposes of disposal or to monitor
use.
(c) A social worker must not offer alcoholic beverages to a
client except when such an offer is authorized or prescribed by
a physician or is in accordance with a client's care plan.
(d) A social worker must not accept alcoholic beverages
from a client.
Subd. 15. [RELATIONSHIP WITH A CLIENT'S FAMILY OR
HOUSEHOLD MEMBER.] Subdivisions 1 to 14 apply to a social
worker's relationship with a client's family or household member
when a reasonable and prudent social worker would conclude after
appropriate assessment that a relationship with a family or
household member would create an unacceptable risk of harm to
the client.
Sec. 50. [148D.225] [TREATMENT AND INTERVENTION SERVICES.]
Subdivision 1. [ASSESSMENT OR DIAGNOSIS.] A social worker
must base treatment and intervention services on an assessment
or diagnosis. A social worker must evaluate, on an ongoing
basis, the appropriateness of the assessment or diagnosis.
Subd. 2. [ASSESSMENT OR DIAGNOSTIC INSTRUMENTS.] A social
worker must not use an assessment or diagnostic instrument
without adequate training. A social worker must follow
standards and accepted procedures for using an assessment or
diagnostic instrument. A social worker must inform a client of
the purpose before administering the instrument and must make
the results available to the client.
Subd. 3. [PLAN FOR SERVICES.] A social worker must develop
a plan for services that includes goals based on the assessment
or diagnosis. A social worker must evaluate, on an ongoing
basis, the appropriateness of the plan and the client's progress
toward the goals.
Subd. 4. [RECORDS.] (a) A social worker must make and
maintain current and accurate records, appropriate to the
circumstances, of all services provided to a client. At a
minimum, the records must contain documentation of:
(1) the assessment or diagnosis;
(2) the content of the service plan;
(3) progress with the plan and any revisions of assessment,
diagnosis, or plan;
(4) any fees charged and payments made;
(5) copies of all client-written authorizations for release
of information; and
(6) other information necessary to provide appropriate
services.
(b) These records must be maintained by the social worker
for at least seven years after the last date of service to the
client. Social workers who are employed by an agency or other
entity are not required to:
(1) maintain personal or separate records; or
(2) personally retain records at the conclusion of their
employment.
Subd. 5. [TERMINATION OF SERVICES.] A social worker must
terminate a professional relationship with a client when the
social worker reasonably determines that the client is not
likely to benefit from continued services or the services are no
longer needed, unless the social worker is required by law to
provide services. A social worker who anticipates terminating
services must give reasonable notice to the client in a manner
that is appropriate to the needs of the client. The social
worker must provide appropriate referrals as needed or upon
request of the client.
Sec. 51. [148D.230] [CONFIDENTIALITY AND RECORDS.]
Subdivision 1. [INFORMED CONSENT.] (a) A social worker
must obtain valid, informed consent, appropriate to the
circumstances, before providing services to clients. When
obtaining informed consent, the social worker must determine
whether the client has the capacity to provide informed
consent. If the client does not have the capacity to provide
consent, the social worker must obtain consent for the services
from the client's legal representative. The social worker must
not provide services, unless authorized or required by law, if
the client or the client's legal representative does not consent
to the services.
(b) If a social worker determines that a client does not
have the capacity to provide consent, and the client does not
have a legal representative, the social worker:
(1) must, except as provided in clause (2), secure a legal
representative for a client before providing services; or
(2) may, notwithstanding clause (1), provide services,
except when prohibited by other applicable law, that are
necessary to ensure the client's safety or to preserve the
client's property or financial resources.
(c) A social worker must use clear and understandable
language, including using an interpreter proficient in the
client's primary language as necessary, to inform clients of the
plan of services, risks related to the plan, limits to services,
relevant costs, terms of payment, reasonable alternatives, the
client's right to refuse or withdraw consent, and the time frame
covered by the consent.
Subd. 2. [MANDATORY REPORTING AND DISCLOSURE OF CLIENT
INFORMATION.] At the beginning of a professional relationship
and during the professional relationship as necessary and
appropriate, a social worker must inform the client of those
circumstances under which the social worker may be required to
disclose client information specified in subdivision 3,
paragraph (a), without the client's consent.
Subd. 3. [CONFIDENTIALITY OF CLIENT INFORMATION.] (a) A
social worker must ensure the confidentiality of all client
information obtained in the course of the social worker/client
relationship and all client information otherwise obtained by
the social worker that is relevant to the social worker/client
relationship. Except as provided in this section, client
information may be disclosed or released only with the client's
or the client's legal representative's valid informed consent,
appropriate to the circumstances, except when otherwise required
by law. A social worker must seek consent to disclose or
release client information only when such disclosure or release
is necessary to provide social work services.
(b) A social worker must continue to maintain
confidentiality of the client information specified in paragraph
(a) upon termination of the professional relationship including
upon the death of the client, except as provided under this
section or other applicable law.
(c) A social worker must limit access to the client
information specified in paragraph (a) in a social worker's
agency to appropriate agency staff whose duties require access.
Subd. 4. [RELEASE OF CLIENT INFORMATION WITH WRITTEN
INFORMED CONSENT.] (a) Except as provided in subdivision 5,
client information specified in subdivision 3, paragraph (a),
may be released only with the client's or the client's legal
representative's written informed consent. The written informed
consent must:
(1) explain to whom the client's records may be released;
(2) explain the purpose for the release; and
(3) state an expiration date for the authorized release of
the records.
(b) A social worker may provide client information
specified in subdivision 3, paragraph (a), to a third party for
the purpose of payment for services rendered only with the
client's written informed consent.
(c) Except as provided in subdivision 5, a social worker
may disclose client information specified in subdivision 3,
paragraph (a), only with the client's or the client's legal
representative's written informed consent. When it is not
practical to obtain written informed consent before providing
necessary services, a social worker may disclose or release
client information with the client's or the client's legal
representative's oral informed consent.
(d) Unless otherwise authorized by law, a social worker
must obtain a client's written informed consent before taking a
photograph of the client or making an audio or video recording
of the client, or allowing a third party to do the same. The
written informed consent must explain:
(1) the purpose of the photograph or the recording and how
the photograph or recording will be used, how it will be stored,
and when it will be destroyed; and
(2) how the client may have access to the photograph or
recording.
Subd. 5. [RELEASE OF CLIENT INFORMATION WITHOUT WRITTEN
INFORMED CONSENT.] (a) A social worker may disclose client
information specified in subdivision 3, paragraph (a), without
the written consent of the client or the client's legal
representative only under the following circumstances or under
the circumstances described in paragraph (b):
(1) when mandated or authorized by federal or state law,
including the mandatory reporting requirements under the duty to
warn, maltreatment of minors, and vulnerable adult laws
specified in section 148D.240, subdivisions 6 to 8;
(2) when the board issues a subpoena to the social worker;
or
(3) when a court of competent jurisdiction orders release
of the client records or information.
(b) When providing services authorized or required by law
to a client who does not have the capacity to provide consent
and who does not have a legal representative, a social worker
must disclose or release client records or information as
necessary to provide services to ensure the client's safety or
to preserve the client's property or financial resources.
Subd. 6. [RELEASE OF CLIENT RECORDS OR INFORMATION.] When
releasing client records or information under this section, a
social worker must release current, accurate, and complete
records or information.
Sec. 52. [148D.235] [FEES AND BILLING PRACTICES.]
Subdivision 1. [FEES AND PAYMENTS.] (a) A social worker
must ensure that a client or a client's legal representative is
informed of all fees at the initial session or meeting with the
client, and that payment for services is arranged with the
client or the client's legal representative at the beginning of
the professional relationship. Upon request from a client or a
client's legal representative, a social worker must provide in a
timely manner a written payment plan or a written explanation of
the charges for any services rendered.
(b) When providing services authorized or required by law
to a client who does not have the capacity to provide consent
and who does not have a legal representative, a social worker
may submit reasonable bills to an appropriate payer for services
provided.
Subd. 2. [BILLING FOR SERVICES NOT PROVIDED.] A social
worker must not bill for services that have not been provided
except that, with prior notice to the client, a social worker
may bill for failed appointments or for cancellations without
sufficient notice. A social worker may bill only for provided
services which are necessary and appropriate. Financial
responsibility for failed appointment billings resides solely
with the client and such costs may not be billed to public or
private payers.
Subd. 3. [NO PAYMENT FOR REFERRALS.] A social worker must
not accept or give a commission, rebate, or other form of
remuneration solely or primarily to profit from the referral of
a client.
Subd. 4. [FEES AND BILLING PRACTICES.] A social worker
must not engage in improper or fraudulent billing practices,
including, but not limited to, violations of the federal
Medicare and Medicaid laws or state medical assistance laws.
Sec. 53. [148D.240] [REPORTING REQUIREMENTS.]
Subdivision 1. [FAILURE TO SELF-REPORT ADVERSE
ACTIONS.] The board has grounds to take action under sections
148D.255 to 148D.270 when a social worker fails to report to the
board within 90 days:
(1) having been disciplined, sanctioned, or found to have
violated a state, territorial, provincial, or foreign licensing
agency's laws or rules;
(2) having been convicted of committing a felony, gross
misdemeanor, or misdemeanor reasonably related to the practice
of social work;
(3) having had a finding or verdict of guilt, whether or
not the adjudication of guilt is withheld or not entered, of
committing a felony, gross misdemeanor, or misdemeanor
reasonably related to the practice of social work;
(4) having admitted to committing, or entering a no contest
plea to committing, a felony, gross misdemeanor, or misdemeanor
reasonably related to the practice of social work; or
(5) having been denied licensure by a state, territorial,
provincial, or foreign licensing agency.
Subd. 2. [FAILURE TO SUBMIT APPLICATION INFORMATION.] The
board has grounds to take action under sections 148D.255 to
148D.270 when an applicant or licensee fails to submit with an
application the following information:
(1) the dates and dispositions of any malpractice
settlements or awards made relating to the social work services
provided by the applicant or licensee; or
(2) the dates and dispositions of any civil litigations or
arbitrations relating to the social work services provided by
the applicant or licensee.
Subd. 3. [REPORTING OTHER LICENSED HEALTH
PROFESSIONALS.] An applicant or licensee must report to the
appropriate health-related licensing board conduct by a licensed
health professional which would constitute grounds for
disciplinary action under the statutes and rules enforced by
that board.
Subd. 4. [REPORTING UNLICENSED PRACTICE.] An applicant or
licensee must report to the board conduct by an unlicensed
person which constitutes the practice of social work, as defined
in section 148D.010, except when the unlicensed person is exempt
from licensure pursuant to section 148D.065.
Subd. 5. [FAILURE TO REPORT OTHER APPLICANTS OR LICENSEES
AND UNLICENSED PRACTICE.] The board has grounds to take action
under sections 148D.255 to 148.270 when an applicant or licensee
fails to report to the board conduct:
(1) by another licensee or applicant which the applicant or
licensee has reason to believe may reasonably constitute grounds
for disciplinary action under this section; or
(2) by an unlicensed person that constitutes the practice
of social work when a license is required to practice social
work.
Subd. 6. [DUTY TO WARN.] A licensee must comply with the
duty to warn established by section 148.975.
Subd. 7. [REPORTING MALTREATMENT OF MINORS.] An applicant
or licensee must comply with the reporting of maltreatment of
minors established by section 626.556.
Subd. 8. [REPORTING MALTREATMENT OF VULNERABLE ADULTS.] An
applicant or licensee must comply with the reporting of
maltreatment of vulnerable adults established by section 626.557.
Subd. 9. [SUBPOENAS.] The board may issue subpoenas
pursuant to section 148D.245 and chapter 214 for the production
of any reports required by this section or any related documents.
Sec. 54. [148D.245] [INVESTIGATIVE POWERS AND PROCEDURES.]
Subdivision 1. [SUBPOENAS.] (a) 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 as part of its investigation of
an applicant or licensee under this section or chapter 214.
(b) If any person fails or refuses to appear or testify
regarding any matter about which the person may be lawfully
questioned, or fails or refuses 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, the board may institute a
proceeding in any district court to enforce the board's order or
subpoena.
(c) The board or a designated member of the board acting on
behalf of the board may issue subpoenas or administer oaths to
witnesses or take affirmations. Depositions may be taken within
or out of the state in the manner provided by law for the taking
of depositions in civil actions.
(d) A subpoena or other process or paper may be served upon
any person named therein, by mail or by any officer authorized
to serve subpoenas or other process or paper in civil actions,
with the same fees and mileage and in the same manner as
prescribed by law for service of process issued out of the
district court of this state.
(e) Fees, mileage, and other costs must be paid as the
board directs.
Subd. 2. [CLASSIFICATION OF DATA.] (a) Any records
obtained as part of an investigation must be treated as
investigative data under section 13.41 and be classified as
confidential data.
(b) Notwithstanding paragraph (a), client records must be
treated as private data under chapter 13. Client records must
be protected as private data 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. [MENTAL OR PHYSICAL EXAMINATION; CHEMICAL
DEPENDENCY EVALUATION.] (a) If the board has (1) probable cause
to believe that an applicant or licensee has violated a statute
or rule enforced by the board, or an order issued by the board
and (2) the board believes the applicant may have a
health-related condition relevant to the violation, the board
may issue an order directing the applicant or licensee to submit
to one or more of the following: a mental examination, a
physical examination, or a chemical dependency evaluation.
(b) An examination or evaluation order issued by the board
must include:
(1) factual specifications on which the order is based;
(2) the purpose of the examination or evaluation;
(3) the name of the person or entity that will conduct the
examination or evaluation; and
(4) the means by which the examination or evaluation will
be paid for.
(c) Every applicant or licensee must submit to a mental
examination, a physical examination, or a chemical dependency
evaluation when ordered to do so in writing by the board.
(d) By submitting to a mental examination, a physical
examination, or a chemical dependency evaluation, an applicant
or licensee waives all objections to the admissibility of the
examiner 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.] (a) If an
applicant or licensee fails to submit to an examination or
evaluation ordered by the board pursuant to subdivision 3,
unless the failure was due to circumstances beyond the control
of the applicant or licensee, the failure is an admission that
the applicant or licensee violated a statute or rule enforced by
the board as specified in the examination or evaluation order
issued by the board. The failure may result in an application
being denied or other adversarial, corrective, or disciplinary
action being taken by the board without a contested case hearing.
(b) If an applicant or licensee requests a contested case
hearing after the board denies an application or takes other
disciplinary or adversarial action, the only issues which may be
determined at the hearing are:
(1) whether the board had probable cause to issue the
examination or evaluation order; and
(2) whether the failure to submit to the examination or
evaluation was due to circumstances beyond the control of the
applicant or licensee.
(c) Neither the record of a proceeding under this
subdivision nor an order issued by the board may be admissible,
subject to subpoena, or be used against the applicant or
licensee in a proceeding in which the board is not a party or
decision maker.
(d) Information obtained under this subdivision must be
treated as private data under chapter 13. An order issued by
the board as the result of an applicant's or licensee's failure
to submit to an examination or evaluation must be treated as
public data under chapter 13.
Subd. 5. [ACCESS TO DATA AND RECORDS.] (a) In addition to
ordering a physical or mental examination or chemical dependency
evaluation, and notwithstanding section 13.384, 144.651, 595.02,
or any other statute limiting access to health records, the
board or a designated member of the board acting on behalf of
the board may subpoena physical, mental, and chemical dependency
health records relating to an applicant or licensee without the
applicant's or licensee's consent if:
(1) the board has probable cause to believe that the
applicant or licensee has violated chapter 214, a statute or
rule enforced by the board, or an order issued by the board; and
(2) the board has reason to believe that the records are
relevant and necessary to the investigation.
(b) An applicant, licensee, insurance company, government
agency, health care facility, or provider as defined in section
144.335, subdivision 1, paragraph (b), must comply with any
subpoena of the board under this subdivision and is not liable
in any action for damages for releasing information subpoenaed
by the board under this subdivision unless the information
provided is false and the person or entity providing the
information knew or had reason to know that the information was
false.
(c) Information on individuals obtained under this
subdivision must be treated as investigative data under section
13.41 and be classified as confidential data.
(d) If an applicant, licensee, person, or entity does not
comply with any subpoena of the board under this subdivision,
the board may institute a proceeding in any district court to
enforce the board's subpoena.
Subd. 6. [EVIDENCE OF PAST SEXUAL CONDUCT.] If, in a
proceeding for taking action against an applicant or licensee
under this section, the charges involve sexual contact with a
client or former client, the board or administrative law judge
must not consider evidence of the client's or former client's
previous sexual conduct. Reference to the client's or former
client's previous sexual conduct must not 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.
Subd. 7. [INVESTIGATIONS INVOLVING VULNERABLE ADULTS OR
CHILDREN IN NEED OF PROTECTION.] (a) Except as provided in
paragraph (b), if the board receives a complaint about a social
worker regarding the social worker's involvement in a case of
vulnerable adults or children in need of protection, the county
or other appropriate public authority may request that the board
suspend its investigation, and the board must comply until such
time as the court issues its findings on the case.
(b) Notwithstanding paragraph (a), the board may continue
with an investigation if the board determines that doing so is
in the best interests of the vulnerable adult or child and is
consistent with the board's obligation to protect the public.
If the board chooses to continue an investigation, the board
must notify the county or other appropriate public authority in
writing and state its reasons for doing so.
Subd. 8. [NOTIFICATION OF COMPLAINANT.] (a) In no more
than 14 calendar days after receiving a complaint regarding a
licensee, the board must notify the complainant that the board
has received the complaint.
(b) The board must periodically notify the complainant of
the status of the complaint.
Subd. 9. [NOTIFICATION OF LICENSEE.] (a) Except as
provided in paragraph (b), in no more than 60 calendar days
after receiving a complaint regarding a licensee, the board must
notify the licensee that the board has received the complaint
and inform the licensee of:
(1) the substance of the complaint;
(2) the sections of the law that allegedly have been
violated; and
(3) whether an investigation is being conducted.
(b) Paragraph (a) does not apply if:
(1) the board determines that such notice would compromise
the board's investigation pursuant to section 214.10; or
(2) the board determines that such notice cannot reasonably
be accomplished within this time.
(c) The board must periodically notify the licensee of the
status of the complaint.
Subd. 10. [RESOLUTION OF COMPLAINTS.] In no more than one
year after receiving a complaint regarding a licensee, the board
must resolve or dismiss the complaint unless the board
determines that resolving or dismissing the complaint cannot
reasonably be accomplished within this time.
Sec. 55. [148D.250] [OBLIGATION TO COOPERATE.]
Subdivision 1. [OBLIGATION TO COOPERATE.] An applicant or
licensee who is the subject of an investigation, or who is
questioned by or on behalf of the board in connection with an
investigation, must cooperate fully with the investigation.
Cooperation includes, but is not limited to:
(1) responding fully and promptly to any question relating
to the investigation;
(2) as reasonably requested by the board, providing copies
of client and other records in the applicant's or licensee's
possession relating to the investigation;
(3) executing release of records as reasonably requested by
the board; and
(4) appearing at conferences, hearings, or meetings
scheduled by the board, as required in sections 148D.255 to
148D.270 and chapter 214.
Subd. 2. [INVESTIGATION.] A social worker must not
knowingly withhold relevant information, give false or
misleading information, or do anything to obstruct an
investigation of the social worker or another social worker by
the board or by another state or federal regulatory or law
enforcement authority.
Subd. 3. [PAYMENT FOR COPIES.] The board must pay for
copies requested by the board.
Subd. 4. [ACCESS TO CLIENT RECORDS.] Notwithstanding any
law to the contrary, an applicant or licensee must allow the
board access to any records of a client provided services by the
applicant or licensee under investigation. If the client has
not signed a consent permitting access to the client's records,
the applicant or licensee must delete any data in the records
that identifies the client before providing the records to the
board.
Subd. 5. [CLASSIFICATION OF DATA.] Any records obtained
pursuant to this subdivision must be treated as investigative
data pursuant to section 13.41 and be classified as confidential
data.
Sec. 56. [148D.255] [TYPES OF ACTIONS.]
Subdivision 1. [ACTIONS.] The board may take disciplinary
action pursuant to section 148D.260, adversarial but
nondisciplinary action pursuant to section 148D.265, or
voluntary action pursuant to section 148D.270. Any action taken
under sections 148D.260 to 148D.270 is public data.
Subd. 2. [DISCIPLINARY ACTION.] For purposes of section
148D.260, "disciplinary action" means an action taken by the
board against an applicant or licensee that addresses a
complaint alleging a violation of a statute or rule the board is
empowered to enforce.
Subd. 3. [ADVERSARIAL BUT NONDISCIPLINARY ACTION.] For
purposes of section 148D.265, "adversarial but nondisciplinary
action" means a nondisciplinary action taken by the board that
addresses a complaint alleging a violation of a statute or rule
the board is empowered to enforce.
Subd. 4. [VOLUNTARY ACTION.] For purposes of section
148D.270, "voluntary action" means a nondisciplinary action
agreed to by the board or a designated board member and an
applicant or licensee that, through educational or other
corrective means, addresses a complaint alleging a violation of
a statute or rule that the board is empowered to enforce.
Sec. 57. [148D.260] [DISCIPLINARY ACTIONS.]
Subdivision 1. [GENERAL DISCIPLINARY ACTIONS.] (a) When
the board has grounds for disciplinary actions under this
chapter, the board may take one or more of the following
disciplinary actions:
(1) deny an application;
(2) permanently revoke a license to practice social work;
(3) indefinitely or temporarily suspend a license to
practice social work;
(4) impose restrictions on a licensee's scope of practice;
(5) impose conditions required for the licensee to maintain
licensure, including, but not limited to, additional education,
supervision, and requiring the passing of an examination
provided for in section 148D.055;
(6) reprimand a licensee;
(7) impose a civil penalty of up to $10,000 for each
violation in order to discourage future violations or to deprive
the licensee of any economic advantage gained by reason of the
violation; or
(8) 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 received from or expenses incurred by the Office of
Administrative Hearings, the Office of the Attorney General,
court reporters, witnesses, board members, board staff, or the
amount paid by the board for reproducing records.
(b) Disciplinary action taken by the board under this
subdivision is in effect pending determination of an appeal
unless the court, upon petition and for good cause shown,
decides otherwise.
Subd. 2. [REPRIMANDS.] (a) In addition to the board's
authority to issue a reprimand pursuant to subdivision 1, a
designated board member reviewing a complaint as provided for in
chapter 214 may issue a reprimand to a licensee. The designated
board member must notify the licensee that the reprimand will
become final disciplinary action unless the licensee requests a
hearing by the board within 14 calendar days.
(b) If the licensee requests a hearing within 14 calendar
days, the board must schedule a hearing unless the designated
board member withdraws the reprimand.
(c) The hearing must be scheduled within 14 working days of
the time the licensee submits a request for the hearing.
(d) The designated board member who issued the reprimand
may participate in the hearing but must not deliberate or vote
on the decision by the board.
(e) The only evidence permitted at the hearing is
affidavits or other documents except for testimony by the
licensee or other witnesses whose testimony the board chair has
authorized for good cause.
(f) If testimony is authorized, the testimony is subject to
cross-examination.
(g) After the hearing, the board must affirm or dismiss the
reprimand.
Subd. 3. [TEMPORARY SUSPENSIONS.] (a) In addition to any
other remedy provided by statute, the board or a designated
board member may, without a hearing, temporarily suspend a
license to practice social work if the board or the designated
board member finds that:
(1) the licensee has violated a statute or rule enforced by
the board, any other federal or state law or rule related to the
practice of social work, or an order, stipulation, or agreement
agreed to or issued by the board; and
(2) continued practice by the licensee would create a
serious risk of harm to others.
(b) The suspension is in effect upon service of a written
order on the licensee specifying the statute, rule, order,
stipulation, or agreement violated. Service of the order is
effective if the order is served on the licensee or the
licensee's attorney personally or by first class mail to the
most recent address provided to the board for the licensee or
the licensee's attorney.
(c) The temporary suspension remains in effect until after
the board issues an order pursuant to paragraph (e), or if there
is a contested case hearing, after the board issues a written
final order pursuant to paragraph (g).
(d) If the licensee requests in writing within five
calendar days of service of the order that the board hold a
hearing, the board must hold a hearing on the sole issue of
whether to continue, modify, or lift the suspension. The board
must hold the hearing within ten working days of receipt of the
licensee's written request. Evidence presented by the board or
licensee must be in affidavit form only, except that the
licensee or the licensee's attorney may present oral argument.
(e) Within five working days after the hearing, the board
must issue its order. If the licensee contests the order, the
board must schedule a contested case hearing under chapter 14.
The contested case hearing must be scheduled to occur within 45
calendar days after issuance of the order.
(f) The administrative law judge must issue a report within
30 calendar days after the contested case hearing is concluded.
(g) The board must issue a final order within 30 calendar
days after the board receives the administrative law judge's
report.
Sec. 58. [148D.265] [ADVERSARIAL BUT NONDISCIPLINARY
ACTIONS.]
Subdivision 1. [AUTOMATIC SUSPENSIONS.] (a) A license to
practice social work is automatically suspended if:
(1) a guardian of a licensee is appointed by order of a
court pursuant to sections 524.5-101 and 524.5.102; or
(2) the licensee is committed by order of a court pursuant
to chapter 253B.
(b) A license remains suspended until:
(1) the licensee is restored to capacity by a court; and
(2) upon petition by the licensee and after a hearing or an
agreement with the licensee, the board terminates the suspension.
(c) If the board terminates the suspension, it may do so
with or without conditions or restrictions, including, but not
limited to, participation in the health professional services
program.
Subd. 2. [CEASE AND DESIST ORDERS.] (a) The board or a
designated board member may issue a cease and desist order to
stop a person from engaging in unauthorized practice or from
violating or threatening to violate a statute or rule enforced
by the board or an order, stipulation, or agreement agreed to or
issued by the board.
(b) 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 the person fails to
request a hearing in writing postmarked within 15 calendar days
after service of the cease and desist order, the order is the
final order of the board and is not reviewable by a court or
agency.
(c) If the board receives a written request for a hearing
postmarked within 15 calendar days after service of the cease
and desist order, the board must schedule a hearing within 30
calendar days of receiving the request.
(d) The administrative law judge must issue a report within
30 calendar days after the contested case hearing is concluded.
(e) Within 30 calendar days after the board receives the
administrative law judge's report, the board must issue a final
order modifying, vacating, or making permanent the cease and
desist order. The final order remains in effect until modified
or vacated by the board.
(f) If a person does not comply with a cease and desist
order, the board may institute a proceeding in any district
court to obtain injunctive relief or other appropriate relief,
including but not limited to, a civil penalty payable to the
board of up to $10,000 for each violation.
(g) A cease and desist order issued pursuant to this
subdivision does not relieve a person from criminal prosecution
by a competent authority or from disciplinary action by the
board.
Subd. 3. [INJUNCTIVE RELIEF.] (a) In addition to any other
remedy provided by law, the board may bring an action in
district court for injunctive relief to restrain any
unauthorized practice or violation or threatened violation of
any statute or rule, stipulation, or agreement agreed to or
enforced by the board or an order issued by the board.
(b) A temporary restraining order may be granted in the
proceeding if continued activity by a person would create an
imminent risk of harm to others.
(c) Injunctive relief granted pursuant to this subdivision
does not relieve a person from criminal prosecution by a
competent authority or from disciplinary action by the board.
(d) In bringing an action for injunctive relief, the board
need not show irreparable harm.
Sec. 59. [148D.270] [VOLUNTARY ACTIONS.]
Subdivision 1. [AGREEMENTS FOR CORRECTIVE ACTION.] (a) The
board or a designated board member may enter into an agreement
for corrective action with an applicant or licensee when the
board or a designated board member determines that a complaint
alleging a violation of a statute or rule enforced by the board
or an order issued by the board may best be resolved through an
agreement for corrective action when disciplinary action is not
required to protect the public.
(b) An agreement for corrective action must:
(1) be in writing;
(2) specify the facts upon which the agreement is based;
(3) clearly indicate the corrective action agreed upon; and
(4) provide that the complaint that resulted in the
agreement must be dismissed by the board or the designated board
member upon successful completion of the corrective action.
(c) The board or designated board member may determine
successful completion when the applicant or licensee submits a
request for dismissal that documents the applicant's or
licensee's successful completion of the corrective action. The
burden of proof is on the applicant or licensee to prove
successful completion.
(d) An agreement for corrective action is not disciplinary
action but must be treated as public data under chapter 13.
(e) The board may impose a fee to reimburse the board for
all or part of the costs of the proceedings resulting in a
corrective action, including, but not limited to, the amount
paid by the board for services received from or expenses
incurred by the Office of the Attorney General, board members,
board staff, or the amount paid by the board for reproducing
records.
(f) The board or designated board member must not enter
into an agreement for corrective action when the complaint
alleged sexual conduct with a client unless there is
insufficient evidence to justify disciplinary action but there
is a basis for corrective action.
Subd. 2. [STIPULATIONS TO CEASE PRACTICING SOCIAL
WORK.] (a) The board or a designated board member may enter into
a stipulation to cease practicing social work with a licensee if
the board or designated board member determines that the
licensee is unable to practice social work competently or safely
or that the social worker's continued practice creates an
unacceptable risk of safety to clients, potential clients, or
the public.
(b) A stipulation to cease practicing social work must:
(1) be in writing;
(2) specify the facts upon which the stipulation is based;
(3) clearly indicate that the licensee must not practice
social work and must not hold out to the public that the social
worker is licensed; and
(4) specify the term of the stipulation or when and under
what circumstances the licensee may petition the board for
termination of the stipulation.
(c) A stipulation to cease practicing social work is not
disciplinary action but must be treated as public data under
chapter 13.
(d) Nothing in this subdivision prevents the board or
designated board member from taking any other disciplinary or
adversarial action authorized by sections 148D.255 to 148D.265
in lieu of or in addition to entering into a stipulation to
cease practicing social work.
Sec. 60. [148D.275] [UNAUTHORIZED PRACTICE.]
No individual may:
(1) engage in the practice of social work without a social
work license under sections 148D.055 and 148D.060, except when
the individual is exempt from licensure pursuant to section
148D.065;
(2) provide social work services to a client who resides in
this state when the individual providing the services is not
licensed as a social worker pursuant to sections 148D.055 to
148D.060, except when the individual is exempt from licensure
pursuant to section 148D.065.
Sec. 61. [148D.280] [USE OF TITLES.]
No individual may be presented to the public by any title
incorporating the words "social work" or "social worker" or in
the titles in section 148D.195, unless that individual holds a
license pursuant to sections 148D.055 and 148D.060, or practices
in a setting exempt from licensure pursuant to section 148D.065.
Sec. 62. [148D.285] [REPORTING REQUIREMENTS.]
Subdivision 1. [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 must report to the board:
(1) any adversarial action, disciplinary action, or other
sanction for conduct that might constitute grounds for action
under section 148D.190;
(2) the resignation of any applicant or licensee prior to
the conclusion of any proceeding for adversarial action,
disciplinary action, or other sanction for conduct that might
constitute grounds for action under section 148D.190; or
(3) the resignation of any applicant or licensee prior to
the commencement of a proceeding for adversarial action,
disciplinary action, or other sanction for conduct that might
constitute grounds for action under section 148D.190, but after
the applicant or licensee had knowledge that a proceeding was
contemplated or in preparation.
Subd. 2. [PROFESSIONAL SOCIETIES AND ASSOCIATIONS.] A
state or local professional society or association whose members
consist primarily of licensed social workers must report to the
board any adversarial action, disciplinary action, or other
sanction taken against a member.
Subd. 3. [IMMUNITY.] An individual, professional society
or association, state agency, political subdivision, agency of a
local unit of government, private agency, hospital, clinic,
prepaid medical plan, other health care institution or
organization or other entity is immune from civil liability or
criminal prosecution for submitting in good faith a report under
subdivision 1 or 2 or for otherwise reporting, providing
information, or testifying about violations or alleged
violations of this chapter.
Sec. 63. [148D.290] [PENALTIES.]
An individual or other entity that violates section
148D.275, 148D.280, or 148D.285 is guilty of a misdemeanor.
Sec. 64. Minnesota Statutes 2004, section 214.01,
subdivision 2, is amended to read:
Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related
licensing board" means the Board of Examiners of Nursing Home
Administrators established pursuant to section 144A.19, the
Office of Unlicensed Complementary and Alternative Health Care
Practice established pursuant to section 146A.02, the Board of
Medical Practice created pursuant to section 147.01, the Board
of Nursing created pursuant to section 148.181, the Board of
Chiropractic Examiners established pursuant to section 148.02,
the Board of Optometry established pursuant to section 148.52,
the Board of Physical Therapy established pursuant to section
148.67, the Board of Psychology established pursuant to section
148.90, the Board of Social Work pursuant to section 148B.19
148D.025, the Board of Marriage and Family Therapy pursuant to
section 148B.30, the Office of Mental Health Practice
established pursuant to section 148B.61, the Board of Behavioral
Health and Therapy established by section 148B.51, the Alcohol
and Drug Counselors Licensing Advisory Council established
pursuant to section 148C.02, the Board of Dietetics and
Nutrition Practice established under section 148.622, the Board
of Dentistry established pursuant to section 150A.02, the Board
of Pharmacy established pursuant to section 151.02, the Board of
Podiatric Medicine established pursuant to section 153.02, and
the Board of Veterinary Medicine, established pursuant to
section 156.01.
Sec. 65. Minnesota Statutes 2004, section 245.462,
subdivision 18, is amended to read:
Subd. 18. [MENTAL HEALTH PROFESSIONAL.] "Mental health
professional" means a person providing clinical services in the
treatment of mental illness who is qualified in at least one of
the following ways:
(1) in psychiatric nursing: a registered nurse who is
licensed under sections 148.171 to 148.285; and:
(i) who is certified as a clinical specialist or as a nurse
practitioner in adult or family psychiatric and mental health
nursing by a national nurse certification organization; or
(ii) who has a master's degree in nursing or one of the
behavioral sciences or related fields from an accredited college
or university or its equivalent, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness;
(2) in clinical social work: a person licensed as an
independent clinical social worker under section 148B.21,
subdivision 6 chapter 148D, or a person with a master's degree
in social work from an accredited college or university, with at
least 4,000 hours of post-master's supervised experience in the
delivery of clinical services in the treatment of mental
illness;
(3) in psychology: an individual licensed by the Board of
Psychology under sections 148.88 to 148.98 who has stated to the
Board of Psychology competencies in the diagnosis and treatment
of mental illness;
(4) in psychiatry: a physician licensed under chapter 147
and certified by the American Board of Psychiatry and Neurology
or eligible for board certification in psychiatry;
(5) in marriage and family therapy: the mental health
professional must be a marriage and family therapist licensed
under sections 148B.29 to 148B.39 with at least two years of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness; or
(6) in allied fields: a person with a master's degree from
an accredited college or university in one of the behavioral
sciences or related fields, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness.
Sec. 66. Minnesota Statutes 2004, section 245.4871,
subdivision 27, is amended to read:
Subd. 27. [MENTAL HEALTH PROFESSIONAL.] "Mental health
professional" means a person providing clinical services in the
diagnosis and treatment of children's emotional disorders. A
mental health professional must have training and experience in
working with children consistent with the age group to which the
mental health professional is assigned. A mental health
professional must be qualified in at least one of the following
ways:
(1) in psychiatric nursing, the mental health professional
must be a registered nurse who is licensed under sections
148.171 to 148.285 and who is certified as a clinical specialist
in child and adolescent psychiatric or mental health nursing by
a national nurse certification organization or who has a
master's degree in nursing or one of the behavioral sciences or
related fields from an accredited college or university or its
equivalent, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in
the treatment of mental illness;
(2) in clinical social work, the mental health professional
must be a person licensed as an independent clinical social
worker under section 148B.21, subdivision 6 chapter 148D, or a
person with a master's degree in social work from an accredited
college or university, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental disorders;
(3) in psychology, the mental health professional must be
an individual licensed by the board of psychology under sections
148.88 to 148.98 who has stated to the board of psychology
competencies in the diagnosis and treatment of mental disorders;
(4) in psychiatry, the mental health professional must be a
physician licensed under chapter 147 and certified by the
American board of psychiatry and neurology or eligible for board
certification in psychiatry;
(5) in marriage and family therapy, the mental health
professional must be a marriage and family therapist licensed
under sections 148B.29 to 148B.39 with at least two years of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental disorders or emotional
disturbances; or
(6) in allied fields, the mental health professional must
be a person with a master's degree from an accredited college or
university in one of the behavioral sciences or related fields,
with at least 4,000 hours of post-master's supervised experience
in the delivery of clinical services in the treatment of
emotional disturbances.
Sec. 67. Minnesota Statutes 2004, section 256B.0625,
subdivision 38, is amended to read:
Subd. 38. [PAYMENTS FOR MENTAL HEALTH SERVICES.] Payments
for mental health services covered under the medical assistance
program that are provided by masters-prepared mental health
professionals shall be 80 percent of the rate paid to
doctoral-prepared professionals. Payments for mental health
services covered under the medical assistance program that are
provided by masters-prepared mental health professionals
employed by community mental health centers shall be 100 percent
of the rate paid to doctoral-prepared professionals. For
purposes of reimbursement of mental health professionals under
the medical assistance program, all social workers who:
(1) have received a master's degree in social work from a
program accredited by the Council on Social Work Education;
(2) are licensed at the level of graduate social worker or
independent social worker; and
(3) are practicing clinical social work under appropriate
supervision, as defined by section 148B.18 chapter 148D; meet
all requirements under Minnesota Rules, part 9505.0323, subpart
24, and shall be paid accordingly.
Sec. 68. Minnesota Statutes 2004, section 256J.08,
subdivision 73a, is amended to read:
Subd. 73a. [QUALIFIED PROFESSIONAL.] (a) For physical
illness, injury, or incapacity, a "qualified professional" means
a licensed physician, a physician's assistant, a nurse
practitioner, or a licensed chiropractor.
(b) For mental retardation and intelligence testing, a
"qualified professional" means an individual qualified by
training and experience to administer the tests necessary to
make determinations, such as tests of intellectual functioning,
assessments of adaptive behavior, adaptive skills, and
developmental functioning. These professionals include licensed
psychologists, certified school psychologists, or certified
psychometrists working under the supervision of a licensed
psychologist.
(c) For learning disabilities, a "qualified professional"
means a licensed psychologist or school psychologist with
experience determining learning disabilities.
(d) For mental health, a "qualified professional" means a
licensed physician or a qualified mental health professional. A
"qualified mental health professional" means:
(1) for children, in psychiatric nursing, a registered
nurse who is licensed under sections 148.171 to 148.285, and who
is certified as a clinical specialist in child and adolescent
psychiatric or mental health nursing by a national nurse
certification organization or who has a master's degree in
nursing or one of the behavioral sciences or related fields from
an accredited college or university or its equivalent, with at
least 4,000 hours of post-master's supervised experience in the
delivery of clinical services in the treatment of mental
illness;
(2) for adults, in psychiatric nursing, a registered nurse
who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist in adult psychiatric and
mental health nursing by a national nurse certification
organization or who has a master's degree in nursing or one of
the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000
hours of post-master's supervised experience in the delivery of
clinical services in the treatment of mental illness;
(3) in clinical social work, a person licensed as an
independent clinical social worker under section 148B.21,
subdivision 6 chapter 148D, or a person with a master's degree
in social work from an accredited college or university, with at
least 4,000 hours of post-master's supervised experience in the
delivery of clinical services in the treatment of mental
illness;
(4) in psychology, an individual licensed by the Board of
Psychology under sections 148.88 to 148.98, who has stated to
the Board of Psychology competencies in the diagnosis and
treatment of mental illness;
(5) in psychiatry, a physician licensed under chapter 147
and certified by the American Board of Psychiatry and Neurology
or eligible for board certification in psychiatry; and
(6) in marriage and family therapy, the mental health
professional must be a marriage and family therapist licensed
under sections 148B.29 to 148B.39, with at least two years of
post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness.
Sec. 69. Minnesota Statutes 2004, section 319B.02,
subdivision 19, is amended to read:
Subd. 19. [PROFESSIONAL SERVICES.] "Professional services"
means services of the type required or permitted to be furnished
by a professional under a license, registration, or certificate
issued by the state of Minnesota to practice medicine and
surgery under sections 147.01 to 147.22, as a physician
assistant pursuant to sections 147A.01 to 147A.27, chiropractic
under sections 148.01 to 148.105, registered nursing under
sections 148.171 to 148.285, optometry under sections 148.52 to
148.62, psychology under sections 148.88 to 148.98, social work
under sections 148B.18 to 148B.289 chapter 148D, dentistry and
dental hygiene under sections 150A.01 to 150A.12, pharmacy under
sections 151.01 to 151.40, podiatric medicine under sections
153.01 to 153.25, veterinary medicine under sections 156.001 to
156.14, architecture, engineering, surveying, landscape
architecture, geoscience, and certified interior design under
sections 326.02 to 326.15, accountancy under chapter 326A, or
law under sections 481.01 to 481.17, or under a license or
certificate issued by another state under similar laws.
Professional services includes services of the type required to
be furnished by a professional pursuant to a license or other
authority to practice law under the laws of a foreign nation.
Sec. 70. Minnesota Statutes 2004, section 319B.40, is
amended to read:
319B.40 [PROFESSIONAL HEALTH SERVICES.]
(a) Individuals who furnish professional services pursuant
to a license, registration, or certificate issued by the state
of Minnesota to practice medicine pursuant to sections 147.01 to
147.22, as a physician assistant pursuant to sections 147A.01 to
147A.27, chiropractic pursuant to sections 148.01 to 148.106,
registered nursing pursuant to sections 148.171 to 148.285,
optometry pursuant to sections 148.52 to 148.62, psychology
pursuant to sections 148.88 to 148.98, social work pursuant to
sections 148B.18 to 148B.289 chapter 148D, dentistry pursuant to
sections 150A.01 to 150A.12, pharmacy pursuant to sections
151.01 to 151.40, or podiatric medicine pursuant to sections
153.01 to 153.26 are specifically authorized to practice any of
these categories of services in combination if the individuals
are organized under this chapter.
(b) This authorization does not authorize an individual to
practice any profession, or furnish a professional service, for
which the individual is not licensed, registered, or certified,
but otherwise applies regardless of any contrary provision of a
licensing statute or rules adopted pursuant to that statute,
related to practicing and organizing in combination with other
health services professionals.
Sec. 71. [REPEALER.]
Subdivision 1. [REPEAL OF STATUTES.] Minnesota Statutes
2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21;
148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24;
148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282;
148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; and
148B.289, are repealed.
Subd. 2. [REPEAL OF RULES.] Minnesota Rules, parts
8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130;
8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240;
8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315;
8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; and
8740.0345, are repealed.
Sec. 72. [EFFECTIVE DATE.]
This article is effective January 1, 2006.
ARTICLE 2
BOARD OF PHYSICAL THERAPY
Section 1. Minnesota Statutes 2004, section 148.65, is
amended by adding a subdivision to read:
Subd. 3. [PHYSICAL THERAPIST ASSISTANT.] "Physical
therapist assistant" means a graduate of a physical therapist
assistant educational program accredited by the Commission on
Accreditation in Physical Therapy Education (CAPTE) or a
recognized comparable national accrediting agency approved by
the board. The physical therapist assistant, under the
direction and supervision of the physical therapist, performs
physical therapy interventions and assists with coordination,
communication, and documentation; and patient-client-related
instruction. The physical therapist is not required to be
on-site except as required under Minnesota Rules, part
5601.1500, but must be easily available by telecommunications.
Sec. 2. Minnesota Statutes 2004, section 148.65, is
amended by adding a subdivision to read:
Subd. 4. [PHYSICAL THERAPY AIDE.] "Physical therapy aide"
means a person, working under the direct supervision of a
physical therapist, who is not a physical therapist assistant as
defined in subdivision 3, who performs tasks as provided under
Minnesota Rules, part 5601.1400.
Sec. 3. Minnesota Statutes 2004, section 148.65, is
amended by adding a subdivision to read:
Subd. 5. [STUDENT PHYSICAL THERAPIST.] "Student physical
therapist" means a person in a professional educational program,
approved by the board under section 148.705, who is satisfying
supervised clinical education requirements by performing
physical therapy under the on-site supervision of a licensed
physical therapist. "On-site supervision" means the physical
therapist is easily available for instruction to the student
physical therapist. The physical therapist shall have direct
contact with the patient during at least every second treatment
session by the student physical therapist. Telecommunications,
except within the facility, does not meet the requirement of
on-site supervision.
Sec. 4. Minnesota Statutes 2004, section 148.65, is
amended by adding a subdivision to read:
Subd. 6. [STUDENT PHYSICAL THERAPIST ASSISTANT.] "Student
physical therapist assistant" means a person in a physical
therapist assistant educational program accredited by the
Commission on Accreditation in Physical Therapy Education
(CAPTE) or a recognized comparable national accrediting agency
approved by the board. The student physical therapist
assistant, under the direct supervision of the physical
therapist, or the direct supervision of the physical therapist
and physical therapist assistant, performs physical therapy
interventions and assists with coordination, communication,
documentation, and patient-client-related instruction. "Direct
supervision" means the physical therapist is physically present
and immediately available to provide instruction to the student
physical therapist assistant.
Sec. 5. Minnesota Statutes 2004, section 148.65, is
amended by adding a subdivision to read:
Subd. 7. [SUPPORTIVE PERSONNEL.] "Supportive personnel"
means a physical therapist assistant and a physical therapy aide.
Sec. 6. Minnesota Statutes 2004, section 148.706, is
amended to read:
148.706 [SUPERVISION OF ASSISTANTS AND, AIDES, AND
STUDENTS.]
Every physical therapist who uses the services of an a
physical therapist assistant or physical therapy aide for the
purpose of assisting in the practice of physical therapy is
responsible for functions performed by the assistant or aide
while engaged in such assistance. The physical therapist shall
permit the assistant or aide to perform only those functions
which the therapist is authorized by rule to delegate to a
physical therapist assistant or assign to a physical therapy
aide and shall provide supervision as specified delegate duties
to the physical therapist assistant and assign tasks to the
physical therapy aide in accordance with Minnesota Rules, part
5601.1400. Physical therapists who instruct student physical
therapists and student physical therapist assistants are
responsible for the functions performed by the students and
shall supervise the students as provided under section 148.65,
subdivisions 5 and 6.
Sec. 7. [148.735] [CANCELLATION OF LICENSE IN GOOD
STANDING.]
Subdivision 1. [BOARD APPROVAL; REPORTING.] A physical
therapist holding an active license to practice physical therapy
in the state may, upon approval of the board, be granted license
cancellation if the board is not investigating the person as a
result of a complaint or information received or if the board
has not begun disciplinary proceedings against the person. Such
action by the board shall be reported as a cancellation of a
license in good standing.
Subd. 2. [FEES NONREFUNDABLE.] A physical therapist who
receives board approval for license cancellation is not entitled
to a refund of any license fees paid for the licensure year in
which cancellation of the license occurred.
Subd. 3. [NEW LICENSE AFTER CANCELLATION.] If a physical
therapist who has been granted board approval for license
cancellation desires to resume the practice of physical therapy
in Minnesota, that physical therapist must obtain a new license
by applying for licensure and fulfilling the requirements then
in existence for obtaining an initial license to practice
physical therapy in Minnesota.
Sec. 8. [148.736] [CANCELLATION OF CREDENTIALS UNDER
DISCIPLINARY ORDER.]
Subdivision 1. [BOARD APPROVAL; REPORTING.] A physical
therapist, whose right to practice is under suspension,
condition, limitation, qualification, or restriction by the
board may be granted cancellation of credentials by approval of
the board. Such action by the board shall be reported as
cancellation while under discipline. Credentials, for purposes
of this section, means board authorized documentation of the
privilege to practice physical therapy.
Subd. 2. [FEES NONREFUNDABLE.] A physical therapist who
receives board approval for credential cancellation is not
entitled to a refund of any fees paid for the credentialing year
in which cancellation of the credential occurred.
Subd. 3. [NEW CREDENTIAL AFTER CANCELLATION.] If a
physical therapist who has been granted board approval for
credential cancellation desires to resume the practice of
physical therapy in Minnesota, that physical therapist must
obtain a new credential by applying to the board and fulfilling
the requirements then in existence for obtaining an initial
credential to practice physical therapy in Minnesota.
Sec. 9. [148.737] [CANCELLATION OF LICENSE FOR
NONRENEWAL.]
The Board of Physical Therapy shall not renew, reissue,
reinstate, or restore a license that has lapsed on or after
January 1, 2006, and has not been renewed within two annual
license renewal cycles starting January 1, 2008. A licensee
whose license is canceled for nonrenewal must obtain a new
license by applying for licensure and fulfilling all
requirements then in existence for an initial license to
practice physical therapy in Minnesota.
Sec. 10. Minnesota Statutes 2004, section 148.75, is
amended to read:
148.75 [LICENSES; DENIAL, SUSPENSION, REVOCATION.]
(a) The state Board of Physical Therapy may refuse to grant
a license to any physical therapist, or may suspend or revoke
the license of any physical therapist for any of the following
grounds:
(1) using drugs or intoxicating liquors to an extent which
affects professional competence;
(2) conviction of a felony;
(3) conviction for violating any state or federal narcotic
law;
(4) obtaining a license or attempting to obtain a license
by fraud or deception;
(5) conduct unbecoming a person licensed as a physical
therapist or conduct detrimental to the best interests of the
public;
(6) gross negligence in the practice of physical therapy as
a physical therapist;
(7) treating human ailments by physical therapy after an
initial 30-day period of patient admittance to treatment has
lapsed, except by the order or referral of a person licensed in
this state in the practice of medicine as defined in section
147.081, the practice of chiropractic as defined in section
148.01, the practice of podiatry as defined in section 153.01,
or the practice of dentistry as defined in section 150A.05 and
whose license is in good standing; or when a previous diagnosis
exists indicating an ongoing condition warranting physical
therapy treatment, subject to periodic review defined by board
of physical therapy rule;
(8) treating human ailments, without referral, by physical
therapy treatment without first having practiced one year under
a physician's orders as verified by the board's records;
(9) failing to consult with the patient's health care
provider who prescribed the physical therapy treatment if the
treatment is altered by the physical therapist from the original
written order. The provision does not include written orders to
"evaluate and treat";
(10) treating human ailments other than by physical therapy
unless duly licensed or registered to do so under the laws of
this state;
(11) inappropriate delegation to a physical therapist
assistant or inappropriate task assignment to an aide or
inadequate supervision of either level of supportive personnel a
student physical therapist, physical therapist assistant,
student physical therapist assistant, or a physical therapy
aide;
(12) practicing as a physical therapist performing medical
diagnosis, the practice of medicine as defined in section
147.081, or the practice of chiropractic as defined in section
148.01;
(13) failing to comply with a reasonable request to obtain
appropriate clearance for mental or physical conditions that
would interfere with the ability to practice physical therapy,
and that may be potentially harmful to patients;
(14) dividing fees with, or paying or promising to pay a
commission or part of the fee to, any person who contacts the
physical therapist for consultation or sends patients to the
physical therapist for treatment;
(15) engaging in an incentive payment arrangement, other
than that prohibited by clause (14), that tends to promote
physical therapy overuse, that allows the referring person or
person who controls the availability of physical therapy
services to a client to profit unreasonably as a result of
patient treatment;
(16) practicing physical therapy and failing to refer to a
licensed health care professional a patient whose medical
condition at the time of evaluation has been determined by the
physical therapist to be beyond the scope of practice of a
physical therapist; and
(17) failing to report to the board other licensed physical
therapists who violate this section; and
(18) practice of physical therapy under lapsed or
nonrenewed credentials.
(b) A license to practice as a physical therapist is
suspended if (1) a guardian of the physical therapist is
appointed by order of a court pursuant to sections 524.5-101 to
524.5-502, for reasons other than the minority of the physical
therapist; or (2) the physical therapist is committed by order
of a court pursuant to chapter 253B. The license remains
suspended until the physical therapist is restored to capacity
by a court and, upon petition by the physical therapist, the
suspension is terminated by the Board of Physical Therapy after
a hearing.
Sec. 11. [148.754] [EXAMINATION; ACCESS TO MEDICAL DATA.]
(a) If the board has probable cause to believe that a
physical therapist comes under section 148.75, paragraph (a), it
may direct the physical therapist to submit to a mental or
physical examination. For the purpose of this paragraph, every
physical therapist is deemed to have consented to submit to a
mental or physical examination when directed in writing by the
board and further to have waived all objections to the
admissibility of the examining physicians' testimony or
examination reports on the ground that they constitute a
privileged communication. Failure of the physical therapist to
submit to an examination when directed constitutes an admission
of the allegations against the person, unless the failure was
due to circumstances beyond the person's control, in which case
a default and final order may be entered without the taking of
testimony or presentation of evidence. A physical therapist
affected under this paragraph shall, at reasonable intervals, be
given an opportunity to demonstrate that the person can resume
the competent practice of physical therapy with reasonable skill
and safety to the public.
(b) In any proceeding under paragraph (a), neither the
record of proceedings nor the orders entered by the board shall
be used against a physical therapist in any other proceeding.
(c) In addition to ordering a physical or mental
examination, the board may, notwithstanding section 13.384,
144.651, or any other law limiting access to medical or other
health data, obtain medical data and health records relating to
a physical therapist or applicant without the person's or
applicant's consent if the board has probable cause to believe
that a physical therapist comes under paragraph (a). The
medical data may be requested from a provider, as defined in
section 144.335, subdivision 1, paragraph (b), an insurance
company, or a government agency, including the Department of
Human Services. A provider, insurance company, or government
agency shall comply with any written request of the board under
this paragraph and is not liable in any action for damages for
releasing the data requested by the board if the data are
released pursuant to a written request under this paragraph,
unless the information is false and the provider giving the
information knew, or had reason to believe, the information was
false. Information obtained under this paragraph is classified
as private under sections 13.01 to 13.87.
Sec. 12. [148.755] [TEMPORARY SUSPENSION OF LICENSE.]
In addition to any other remedy provided by law, the board
may, without a hearing, temporarily suspend the license of a
physical therapist if the board finds that the physical
therapist has violated a statute or rule which the board is
empowered to enforce and continued practice by the physical
therapist would create a serious risk of harm to the public.
The suspension shall take effect upon written notice to the
physical therapist, specifying the statute or rule violated.
The suspension shall remain in effect until the board issues a
final order in the matter after a hearing. At the time it
issues the suspension notice, the board shall schedule a
disciplinary hearing to be held pursuant to the Administrative
Procedure Act, chapter 14. The physical therapist shall be
provided with at least 20 days' notice of any hearing held
pursuant to this section. The hearing shall be scheduled to
begin no later than 30 days after the issuance of the suspension
order.
Sec. 13. [REPEALER.]
Minnesota Rules, part 5601.0100, subparts 3 and 4, are
repealed.
ARTICLE 3
BOARD OF PSYCHOLOGY
Section 1. Minnesota Statutes 2004, section 148.89,
subdivision 5, is amended to read:
Subd. 5. [PRACTICE OF PSYCHOLOGY.] "Practice of
psychology" means the observation, description, evaluation,
interpretation, or modification of human behavior by the
application of psychological principles, methods, or
procedures for any reason, including to prevent, eliminate, or
manage symptomatic, maladaptive, or undesired behavior and to
enhance interpersonal relationships, work, life and
developmental adjustment, personal and organizational
effectiveness, behavioral health, and mental health. The
practice of psychology includes, but is not limited to, the
following services, regardless of whether the provider receives
payment for the services:
(1) psychological research and teaching of psychology;
(2) assessment, including psychological testing and other
means of evaluating personal characteristics such as
intelligence, personality, abilities, interests, aptitudes, and
neuropsychological functioning;
(3) a psychological report, whether written or oral,
including testimony of a provider as an expert witness,
concerning the characteristics of an individual or entity;
(4) psychotherapy, including but not limited to, categories
such as behavioral, cognitive, emotive, systems,
psychophysiological, or insight-oriented therapies; counseling;
hypnosis; and diagnosis and treatment of:
(i) mental and emotional disorder or disability;
(ii) alcohol and substance dependence or abuse;
(iii) disorders of habit or conduct;
(iv) the psychological aspects of physical illness or
condition, accident, injury, or disability;
(v) life adjustment issues, including work-related and
bereavement issues; and
(vi) child, family, or relationship issues;
(5) psychoeducational services and treatment; and
(6) consultation and supervision.
Sec. 2. Minnesota Statutes 2004, section 148.90,
subdivision 1, is amended to read:
Subdivision 1. [BOARD OF PSYCHOLOGY.] (a) The Board of
Psychology is created with the powers and duties described in
this section. The board has 11 members who consist of:
(1) three persons individuals licensed as licensed
psychologists who have a doctoral degree degrees in psychology;
(2) two persons individuals licensed as licensed
psychologists who have a master's degree degrees in psychology;
(3) two psychologists, not necessarily licensed, one with a
doctoral degree in psychology who represents a doctoral training
program in psychology, and one who represents a master's degree
training program in psychology;
(4) one person individual licensed or qualified to be
licensed as: (i) through December 31, 2010, a licensed
psychological practitioner; and (ii) after December 31, 2010, a
licensed psychologist; and
(5) three public members.
(b) After the date on which fewer than 30 percent of the
persons individuals licensed by the board as licensed
psychologists qualify for licensure under section 148.907,
subdivision 3, paragraph (b), the first vacancy vacancies filled
under paragraph (a), clause (2), shall be filled by a person an
individual with either a master's or doctoral degree in
psychology licensed or qualified to be licensed as a
licensed psychological practitioner. From this date on, this
position when vacant shall be filled by a person licensed or
qualified to be licensed as a licensed psychological
practitioner psychologist.
(c) After the date on which fewer than 15 percent of the
persons individuals licensed by the board as licensed
psychologists qualify for licensure under section 148.907,
subdivision 3, paragraph (b), the first vacancy vacancies under
paragraph (a), clause (2), for a licensed psychologist shall be
filled by an individual with either a master's or doctoral
degree in psychology shall be filled by a licensed or qualified
to be licensed as a licensed psychologist. From this date on,
this position when vacant shall be filled by a person licensed
as a licensed psychologist.
Sec. 3. Minnesota Statutes 2004, section 148.907, is
amended by adding a subdivision to read:
Subd. 5. [CONVERTING FROM A LICENSED PSYCHOLOGICAL
PRACTITIONER TO A LICENSED PSYCHOLOGIST.] Notwithstanding
subdivision 3, to convert from licensure as a licensed
psychological practitioner to licensure as a licensed
psychologist, a licensed psychological practitioner shall have:
(1) completed an application provided by the board for
conversion from licensure as a licensed psychological
practitioner to licensure as a licensed psychologist;
(2) paid a nonrefundable fee of $500;
(3) documented successful completion of two full years, or
the equivalent, of supervised postlicensure employment meeting
the requirements of section 148.925, subdivision 5, as it
relates to preparation for licensure as a licensed psychologist
as follows:
(i) for individuals licensed as licensed psychological
practitioners on or before December 31, 2006, the supervised
practice must be completed by December 31, 2010; and
(ii) for individuals licensed as licensed psychological
practitioners after December 31, 2006, the supervised practice
must be completed within four years from the date of licensure;
and
(4) no unresolved disciplinary action or complaints
pending, or incomplete disciplinary orders or corrective action
agreements in Minnesota or any other jurisdiction.
Sec. 4. Minnesota Statutes 2004, section 148.908,
subdivision 2, is amended to read:
Subd. 2. [REQUIREMENTS FOR LICENSURE AS A LICENSED
PSYCHOLOGICAL PRACTITIONER.] To become licensed by the board as
a licensed psychological practitioner, an applicant shall comply
with the following requirements:
(1) pass an examination in psychology;
(2) pass a professional responsibility examination on the
practice of psychology;
(3) pass any other examinations as required by board rules;
(4) pay nonrefundable fees to the board for applications,
processing, testing, renewals, and materials;
(5) have attained the age of majority, be of good moral
character, and have no unresolved disciplinary action or
complaints pending in the state of Minnesota or any other
jurisdiction; and
(6) have earned a doctoral or master's degree or the
equivalent of a master's degree in a doctoral program with a
major in psychology from a regionally accredited educational
institution meeting the standards the board has established by
rule. The degree requirements must be completed by December 31,
2005;
(2) complete an application for admission to the
examination for professional practice in psychology and pay the
nonrefundable application fee by December 31, 2005;
(3) complete an application for admission to the
professional responsibility examination and pay the
nonrefundable application fee by December 31, 2005;
(4) pass the examination for professional practice in
psychology by December 31, 2006;
(5) pass the professional responsibility examination by
December 31, 2006;
(6) complete an application for licensure as a licensed
psychological practitioner and pay the nonrefundable application
fee by March 1, 2007; and
(7) have attained the age of majority, be of good moral
character, and have no unresolved disciplinary action or
complaints pending in the state of Minnesota or any other
jurisdiction.
Sec. 5. Minnesota Statutes 2004, section 148.908, is
amended by adding a subdivision to read:
Subd. 3. [TERMINATION OF LICENSURE.] Effective December
31, 2011, the licensure of all licensed psychological
practitioners shall be terminated without further notice and
licensure as a licensed psychological practitioner in Minnesota
shall be eliminated.
Sec. 6. Minnesota Statutes 2004, section 148.909, is
amended to read:
148.909 [LICENSURE FOR VOLUNTEER PRACTICE.]
The board, at its discretion, may grant licensure for
volunteer practice to an applicant who:
(1) is a former licensee who is completely retired from the
practice of psychology;
(2) has no unresolved disciplinary action or complaints
pending in the state of Minnesota or any other jurisdiction; and
(3) has held a license, certificate, or registration to
practice psychology in any jurisdiction for at least 15 years.
Sec. 7. Minnesota Statutes 2004, section 148.916,
subdivision 2, is amended to read:
Subd. 2. [PSYCHOLOGICAL CONSULTATIONS.] Notwithstanding
subdivision 1, a nonresident of the state of Minnesota, who is
not seeking licensure in this state, may serve as an expert
witness, organizational consultant, presenter, or educator
without obtaining guest licensure, provided the person is
appropriately trained, educated, or has been issued a license,
certificate, or registration by another jurisdiction.
Sec. 8. Minnesota Statutes 2004, section 148.925,
subdivision 6, is amended to read:
Subd. 6. [SUPERVISEE DUTIES.] Individuals preparing for
licensure as a licensed psychologist during their postdegree
supervised employment may perform as part of their training any
functions specified in section 148.89, subdivision 5, but only
under qualified supervision.
Sec. 9. Minnesota Statutes 2004, section 148.941,
subdivision 2, is amended to read:
Subd. 2. [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF
DISCIPLINARY ACTION.] (a) The board may impose disciplinary
action as described in paragraph (b) against an applicant or
licensee whom the board, by a preponderance of the evidence,
determines:
(1) has violated a statute, rule, or order that the board
issued or is empowered to enforce;
(2) has engaged in fraudulent, deceptive, or dishonest
conduct, whether or not the conduct relates to the practice of
psychology, that adversely affects the person's ability or
fitness to practice psychology;
(3) has engaged 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;
(4) has been convicted of or has pled guilty or nolo
contendere to a felony or other crime, an element of which is
dishonesty or fraud, or has been shown to have engaged in acts
or practices tending to show that the applicant or licensee is
incompetent or has engaged in conduct reflecting adversely on
the applicant's or licensee's ability or fitness to engage in
the practice of psychology;
(5) has employed fraud or deception in obtaining or
renewing a license, in requesting approval of continuing
education activities, or in passing an examination;
(6) has had a license, certificate, charter, registration,
privilege to take an examination, or other similar authority
denied, revoked, suspended, canceled, limited, reprimanded, or
otherwise disciplined, or not renewed for cause in any
jurisdiction; or has surrendered or voluntarily terminated a
license or certificate during a board investigation of a
complaint, as part of a disciplinary order, or while under a
disciplinary order;
(7) has been subject to a corrective action or similar
action in another jurisdiction or by another regulatory
authority;
(8) has failed to meet any requirement for the issuance or
renewal of the person's license. The burden of proof is on the
applicant or licensee to demonstrate the qualifications or
satisfy the requirements for a license under the Psychology
Practice Act;
(9) has failed to cooperate with an investigation of the
board as required under subdivision 4;
(10) has demonstrated an inability to practice psychology
with reasonable skill and safety to clients due to any mental or
physical illness or condition; or
(11) has engaged in fee splitting. This clause does not
apply to the distribution of revenues from a partnership, group
practice, nonprofit corporation, or professional corporation to
its partners, shareholders, members, or employees if the
revenues consist only of fees for services performed by the
licensee or under a licensee's administrative authority. This
clause also does not apply to the charging of a general
membership fee by a licensee or applicant to health care
providers, as defined in section 144.335, for participation in a
referral service, provided that the licensee or applicant
discloses in advance to each referred client the financial
nature of the referral arrangement. Fee splitting includes, but
is not limited to:
(i) paying, offering to pay, receiving, or agreeing to
receive a commission, rebate, or remuneration, directly or
indirectly, primarily for the referral of clients;
(ii) dividing client fees with another individual or
entity, unless the division is in proportion to the services
provided and the responsibility assumed by each party;
(iii) referring an individual or entity to any health care
provider, as defined in section 144.335, or for other
professional or technical services in which the referring
licensee or applicant has a significant financial interest
unless the licensee has disclosed the financial interest in
advance to the client; and
(iv) dispensing for profit or recommending any instrument,
test, procedure, or device that for commercial purposes the
licensee or applicant has developed or distributed, unless the
licensee or applicant has disclosed any profit interest in
advance to the client.
(b) If grounds for disciplinary action exist under
paragraph (a), the board may take one or more of the following
actions:
(1) refuse to grant or renew a license;
(2) revoke a license;
(3) suspend a license;
(4) impose limitations or conditions on a licensee's
practice of psychology, including, but not limited to, limiting
the scope of practice to designated competencies, imposing
retraining or rehabilitation requirements, requiring the
licensee to practice under supervision, or conditioning
continued practice on the demonstration of knowledge or skill by
appropriate examination or other review of skill and competence;
(5) censure or reprimand the licensee;
(6) refuse to permit an applicant to take the licensure
examination or refuse to release an applicant's examination
grade if the board finds that it is in the public interest; or
(7) impose a civil penalty not exceeding $7,500 for each
separate violation. The amount of the penalty shall be fixed so
as to deprive the applicant or licensee of any economic
advantage gained by reason of the violation charged, to
discourage repeated violations, or to recover the board's costs
that occur in bringing about a disciplinary order. For purposes
of this clause, costs are limited to legal, paralegal, and
investigative charges billed to the board by the Attorney
General's Office, witness costs, consultant and expert witness
fees, and charges attendant to the use of an administrative law
judge.
(c) In lieu of or in addition to paragraph (b), the board
may require, as a condition of continued licensure, termination
of suspension, reinstatement of license, examination, or release
of examination grades, that the applicant or licensee:
(1) submit to a quality review, as specified by the board,
of the applicant's or licensee's ability, skills, or quality of
work;
(2) complete to the satisfaction of the board educational
courses specified by the board; and
(3) reimburse to the board all costs incurred by the board
that are the result of a provider failing, neglecting, or
refusing to fully comply, or not complying in a timely manner,
with any part of the remedy section of a stipulation and consent
order or the corrective action section of an agreement for
corrective action. For purposes of this clause, costs are
limited to legal, paralegal, and investigative charges billed to
the board by the Attorney General's Office, witness costs,
consultant and expert witness fees, and charges attendant to the
use of an administrative law judge.
(d) Service of the order is effective if the order is
served on the applicant, licensee, or counsel of record
personally or by mail to the most recent address provided to the
board for the licensee, applicant, or counsel of record. The
order shall state the reasons for the entry of the order.
Sec. 10. Minnesota Statutes 2004, section 148.96,
subdivision 3, is amended to read:
Subd. 3. [REQUIREMENTS FOR REPRESENTATIONS TO PUBLIC.] (a)
Unless licensed under sections 148.88 to 148.98, except as
provided in paragraphs (b) through (e), persons shall not
represent themselves or permit themselves to be represented to
the public by:
(1) using any title or description of services
incorporating the words "psychology," "psychological,"
"psychological practitioner," or "psychologist"; or
(2) representing that the person has expert qualifications
in an area of psychology.
(b) Psychologically trained individuals who are employed by
an educational institution recognized by a regional accrediting
organization, by a federal, state, county, or local government
institution, by agencies agency, or by research
facilities facility, may represent themselves by the title
designated by that organization provided that the title does not
indicate that the individual is credentialed by the board.
(c) A psychologically trained individual from an
institution described in paragraph (b) may offer lecture
services and is exempt from the provisions of this section.
(d) A person who is preparing for the practice of
psychology under supervision in accordance with board statutes
and rules may be designated as a "psychological intern,"
"psychological trainee," or by other terms clearly describing
the person's training status.
(e) Former licensees who are completely retired from the
practice of psychology may represent themselves using the
descriptions in paragraph (a), clauses (1) and (2), but shall
not represent themselves or allow themselves to be represented
as current licensees of the board.
(f) Nothing in this section shall be construed to prohibit
the practice of school psychology by a person licensed in
accordance with chapters 122A and 129.
Section 11. [EFFECTIVE DATE.]
Sections 1 to 10 are effective the day following final
enactment.
ARTICLE 4
BOARD OF DENTAL PRACTICE
Section 1. Minnesota Statutes 2004, section 150A.01,
subdivision 6a, is amended to read:
Subd. 6a. [FACULTY DENTIST.] "Faculty dentist" means a
person who is licensed to practice dentistry as a faculty member
of a school of dentistry, pursuant to section 150A.06,
subdivision 1a.
Sec. 2. Minnesota Statutes 2004, section 150A.06,
subdivision 1a, is amended to read:
Subd. 1a. [FACULTY DENTISTS.] (a) Faculty members of a
school of dentistry must be licensed in order to practice
dentistry as defined in section 150A.05. The board may issue to
members of the faculty of a school of dentistry a license
designated as either a "limited faculty license" or a "full
faculty license" entitling the holder to practice dentistry
within the terms described in paragraph (b) or (c). The dean of
a school of dentistry and program directors of a Minnesota
dental hygiene or dental assisting school accredited by the
Commission on Dental Accreditation of the American Dental
Association shall certify to the board those members of the
school's faculty who practice dentistry but are not licensed to
practice dentistry in Minnesota. A faculty member who practices
dentistry as defined in section 150A.05, before beginning duties
in a school of dentistry or a dental hygiene or dental assisting
school, shall apply to the board for a limited or full faculty
license. The license expires the next July 1 and may, at the
discretion of the board, be renewed on a yearly basis. Pursuant
to Minnesota Rules, chapter 3100, and at the discretion of the
board, a limited faculty license must be renewed annually and a
full faculty license must be renewed biennially. The faculty
applicant shall pay a nonrefundable fee set by the board for
issuing and renewing the faculty license. The faculty license
is valid during the time the holder remains a member of the
faculty of a school of dentistry or a dental hygiene or dental
assisting school and subjects the holder to this chapter.
(b) The board may issue to dentist members of the faculty
of a Minnesota school of dentistry, dental hygiene, or dental
assisting accredited by the Commission on Dental Accreditation
of the American Dental Association, a license designated as a
limited faculty license entitling the holder to practice
dentistry within the school and its affiliated teaching
facilities, but only for the purposes of teaching or conducting
research. The practice of dentistry at a school facility for
purposes other than teaching or research is not allowed unless
the dentist was a faculty member on August 1, 1993.
(c) The board may issue to dentist members of the faculty
of a Minnesota school of dentistry, dental hygiene, or dental
assisting accredited by the Commission on Dental Accreditation
of the American Dental Association a license designated as a
full faculty license entitling the holder to practice dentistry
within the school and its affiliated teaching facilities and
elsewhere if the holder of the license is employed 50 percent
time or more by the school in the practice of teaching or
research, and upon successful review by the board of the
applicant's qualifications as described in subdivisions 1, 1c,
and 4 and board rule. The board, at its discretion, may waive
specific licensing prerequisites.
Sec. 3. [150A.091] [FEES.]
Subdivision 1. [FEE REFUNDS.] No fee may be refunded for
any reason.
Subd. 2. [APPLICATION FEES.] Each applicant for licensure
or registration shall submit with a license or registration
application a nonrefundable fee in the following amounts in
order to administratively process an application:
(1) dentist, $140;
(2) limited faculty dentist, $140;
(3) resident dentist, $55;
(4) dental hygienist, $55;
(5) registered dental assistant, $35; and
(6) dental assistant with a limited registration, $15.
Subd. 3. [INITIAL LICENSE OR REGISTRATION FEES.] Along
with the application fee, each of the following licensees or
registrants shall submit a separate prorated initial license or
registration fee. The prorated initial fee shall be established
by the board based on the number of months of the licensee's or
registrant's initial term as described in Minnesota Rules, part
3100.1700, subpart 1a, not to exceed the following monthly fee
amounts:
(1) dentist, $14 times the number of months of the initial
term;
(2) dental hygienist, $5 times the number of months of the
initial term;
(3) registered dental assistant, $3 times the number of
months of initial term; and
(4) dental assistant with a limited registration, $1 times
the number of months of the initial term.
Subd. 4. [ANNUAL LICENSE FEES.] Each limited faculty or
resident dentist shall submit with an annual license renewal
application a fee established by the board not to exceed the
following amounts:
(1) limited faculty dentist, $168; and
(2) resident dentist, $59.
Subd. 5. [BIENNIAL LICENSE OR REGISTRATION FEES.] Each of
the following licensees or registrants shall submit with a
biennial license or registration renewal application a fee as
established by the board, not to exceed the following amounts:
(1) dentist, $336;
(2) dental hygienist, $118;
(3) registered dental assistant, $80; and
(4) dental assistant with a limited registration, $24.
Subd. 6. [ANNUAL LICENSE LATE FEE.] Applications for
renewal of any license received after the time specified in
Minnesota Rules, part 3100.1750, must be assessed a late fee
equal to 50 percent of the annual renewal fee.
Subd. 7. [BIENNIAL LICENSE OR REGISTRATION LATE
FEE.] Applications for renewal of any license or registration
received after the time specified in Minnesota Rules, part
3100.1700, must be assessed a late fee equal to 25 percent of
the biennial renewal fee.
Subd. 8. [DUPLICATE LICENSE OR REGISTRATION FEE.] Each
licensee or registrant shall submit, with a request for issuance
of a duplicate of the original license or registration, or of an
annual or biennial renewal of it, a fee in the following amounts:
(1) original dentist or dental hygiene license, $35; and
(2) initial and renewal registration certificates and
license renewal certificates, $10.
Subd. 9. [LICENSURE AND REGISTRATION BY CREDENTIALS.] Each
applicant for licensure as a dentist or dental hygienist or for
registration as a registered dental assistant by credentials
pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota
Rules, part 3100.1400, shall submit with the license or
registration application a fee in the following amounts:
(1) dentist, $725;
(2) dental hygienist, $175; and
(3) registered dental assistant, $35.
Subd. 10. [REINSTATEMENT FEE.] No dentist, dental
hygienist, or registered dental assistant whose license or
registration has been suspended or revoked may have the license
or registration reinstated or a new license or registration
issued until a fee has been submitted to the board in the
following amounts:
(1) dentist, $140;
(2) dental hygienist, $55; and
(3) registered dental assistant, $35.
Subd. 11. [CERTIFICATE APPLICATION FEE FOR
ANESTHESIA/SEDATION.] Each dentist shall submit with a general
anesthesia or conscious sedation application a fee as
established by the board not to exceed the following amounts:
(1) for both a general anesthesia and conscious sedation
application, $50;
(2) for a general anesthesia application only, $50; and
(3) for a conscious sedation application only, $50.
Subd. 12. [DUPLICATE CERTIFICATE FEE FOR
ANESTHESIA/SEDATION.] Each dentist shall submit with a request
for issuance of a duplicate of the original general anesthesia
or conscious sedation certificate a fee in the amount of $10.
Subd. 13. [ON-SITE INSPECTION FEE.] An on-site inspection
fee must be paid to the individual, organization, or agency
conducting the inspection and be limited to a maximum fee as
determined by the board. Travel, lodging, and other expenses
are not part of the on-site inspection fee.
Subd. 14. [AFFIDAVIT OF LICENSURE.] Each licensee or
registrant shall submit with a request for an affidavit of
licensure a fee in the amount of $10.
Subd. 15. [VERIFICATION OF LICENSURE.] Each institution or
corporation shall submit with a request for verification of a
license or registration a fee in the amount of $5 for each
license or registration to be verified.
[EFFECTIVE DATE.] Subdivisions 11 and 12 are effective
August 1, 2005.
Sec. 4. Minnesota Statutes 2004, section 150A.10,
subdivision 1a, is amended to read:
Subd. 1a. [LIMITED AUTHORIZATION FOR DENTAL HYGIENISTS.]
(a) Notwithstanding subdivision 1, a dental hygienist licensed
under this chapter may be employed or retained by a health care
facility, program, or nonprofit organization to perform dental
hygiene services described under paragraph (b) without the
patient first being examined by a licensed dentist if the dental
hygienist:
(1) has been engaged in the active practice of clinical
dental hygiene for not less than 2,400 hours in the past 18
months or a career total of 3,000 hours, including a minimum of
200 hours of clinical practice in two of the past three years;
(2) has entered into a collaborative agreement with a
licensed dentist that designates authorization for the services
provided by the dental hygienist;
(3) has documented participation in courses in infection
control and medical emergencies within each continuing education
cycle; and
(4) maintains current certification in advanced or basic
cardiac life support as recognized by the American Heart
Association, the American Red Cross, or another agency that is
equivalent to the American Heart Association or the American Red
Cross.
(b) The dental hygiene services authorized to be performed
by a dental hygienist under this subdivision are limited to:
(1) oral health promotion and disease prevention education;
(2) removal of deposits and stains from the surfaces of the
teeth;
(3) application of topical preventive or prophylactic
agents, including fluoride varnishes and pit and fissure
sealants;
(4) polishing and smoothing restorations;
(5) removal of marginal overhangs;
(6) performance of preliminary charting;
(7) taking of radiographs; and
(8) performance of scaling and root planing.
The dental hygienist shall not perform may administer
injections of local anesthetic agents or the administration of
nitrous oxide unless under the indirect supervision
of inhalation analgesia as specifically delegated in the
collaborative agreement with a licensed dentist. The dentist
need not first examine the patient or be present. If the
patient is considered medically compromised, the collaborative
dentist shall review the patient record, including the medical
history, prior to the provision of these services.
Collaborating dental hygienists may work with unregistered and
registered dental assistants who may only perform duties for
which registration is not required. The performance of dental
hygiene services in a health care facility, program, or
nonprofit organization as authorized under this subdivision is
limited to patients, students, and residents of the facility,
program, or organization.
(c) A collaborating dentist must be licensed under this
chapter and may enter into a collaborative agreement with no
more than four dental hygienists unless otherwise authorized by
the board. The board shall develop parameters and a process for
obtaining authorization to collaborate with more than four
dental hygienists. The collaborative agreement must include:
(1) consideration for medically compromised patients and
medical conditions for which a dental evaluation and treatment
plan must occur prior to the provision of dental hygiene
services;
(2) age- and procedure-specific standard collaborative
practice protocols, including recommended intervals for the
performance of dental hygiene services and a period of time in
which an examination by a dentist should occur;
(3) copies of consent to treatment form provided to the
patient by the dental hygienist;
(4) specific protocols for the placement of pit and fissure
sealants and requirements for follow-up care to assure the
efficacy of the sealants after application; and
(5) a procedure for creating and maintaining dental records
for the patients that are treated by the dental hygienist. This
procedure must specify where these records are to be located.
The collaborative agreement must be signed and maintained by the
dentist, the dental hygienist, and the facility, program, or
organization; must be reviewed annually by the collaborating
dentist and dental hygienist; and must be made available to the
board upon request.
(d) Before performing any services authorized under this
subdivision, a dental hygienist must provide the patient with a
consent to treatment form which must include a statement
advising the patient that the dental hygiene services provided
are not a substitute for a dental examination by a licensed
dentist. If the dental hygienist makes any referrals to the
patient for further dental procedures, the dental hygienist must
fill out a referral form and provide a copy of the form to the
collaborating dentist.
(e) For the purposes of this subdivision, a "health care
facility, program, or nonprofit organization" is limited to a
hospital; nursing home; home health agency; group home serving
the elderly, disabled, or juveniles; state-operated facility
licensed by the commissioner of human services or the
commissioner of corrections; and federal, state, or local public
health facility, community clinic, tribal clinic, school
authority, Head Start program, or nonprofit organization that
serves individuals who are uninsured or who are Minnesota health
care public program recipients.
(f) For purposes of this subdivision, a "collaborative
agreement" means a written agreement with a licensed dentist who
authorizes and accepts responsibility for the services performed
by the dental hygienist. The services authorized under this
subdivision and the collaborative agreement may be performed
without the presence of a licensed dentist and may be performed
at a location other than the usual place of practice of the
dentist or dental hygienist and without a dentist's diagnosis
and treatment plan, unless specified in the collaborative
agreement.
ARTICLE 5
BOARD OF BEHAVIORAL THERAPY AND HEALTH
(LICENSED PROFESSIONAL COUNSELORS AND
ALCOHOL AND DRUG COUNSELORS)
Section 1. Minnesota Statutes 2004, section 148B.53,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed
as a licensed professional counselor (LPC), an applicant must
provide evidence satisfactory to the board that the applicant:
(1) is at least 18 years of age;
(2) is of good moral character;
(3) has completed a master's or doctoral degree program in
counseling or a related field, as determined by the board based
on the criteria in paragraph (b), that includes a minimum of 48
semester hours or 72 quarter hours and a supervised field
experience of not fewer than 700 hours that is counseling in
nature;
(4) has submitted to the board a plan for supervision
during the first 2,000 hours of professional practice or has
submitted proof of supervised professional practice that is
acceptable to the board; and
(5) has demonstrated competence in professional counseling
by passing the National Counseling Exam (NCE) administered by
the National Board for Certified Counselors, Inc. (NBCC)
including obtaining a passing score on the examination accepted
by the board based on the determinations made by the NBCC or an
equivalent national examination as determined by the board, and
ethical, oral, and situational examinations if prescribed by the
board.
(b) The degree described in paragraph (a), clause (3), must
be from a counseling program recognized by the Council for
Accreditation of Counseling and Related Education Programs
(CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by
the Council for Higher Education Accreditation (CHEA). Except
as provided in paragraph (e), specific academic course content
and training must meet standards established by the CACREP,
including include course work in each of the following subject
areas:
(1) the helping relationship, including counseling theory
and practice;
(2) human growth and development;
(3) lifestyle and career development;
(4) group dynamics, processes, counseling, and consulting;
(5) assessment and appraisal;
(6) social and cultural foundations, including
multicultural issues;
(7) principles of etiology, treatment planning, and
prevention of mental and emotional disorders and dysfunctional
behavior;
(8) family counseling and therapy;
(9) research and evaluation; and
(10) professional counseling orientation and ethics.
(c) To be licensed as a professional counselor, a
psychological practitioner licensed under section 148.908 need
only show evidence of licensure under that section and is not
required to comply with paragraph (a), clauses (1) to (3) and
(5), or paragraph (b).
(d) To be licensed as a professional counselor, a Minnesota
licensed psychologist need only show evidence of licensure from
the Minnesota Board of Psychology and is not required to comply
with paragraph (a) or (b).
(e) If the degree described in paragraph (a), clause (3),
is from a counseling program recognized by the Council for
Accreditation of Counseling and Related Education Programs
(CACREP), the applicant is deemed to have met the specific
course work requirements of paragraph (b).
Sec. 2. Minnesota Statutes 2004, section 148B.53,
subdivision 3, is amended to read:
Subd. 3. [FEE.] Each applicant shall pay a
Nonrefundable fee fees are as follows:
(1) initial license application fee for licensed
professional counseling (LPC) - $250;
(2) annual active license renewal fee for LPC - $200 or
equivalent;
(3) annual inactive license renewal fee for LPC - $100;
(4) license renewal late fee - $100 per month or portion
thereof;
(5) copy of board order or stipulation - $10;
(6) certificate of good standing or license verification -
$10;
(7) duplicate certificate fee - $10;
(8) professional firm renewal fee - $25;
(9) initial registration fee - $50; and
(10) annual registration renewal fee - $25.
Sec. 3. [148B.531] [POSTDEGREE COMPLETION OF DEGREE
REQUIREMENTS FOR LICENSURE.]
An individual whose degree upon which licensure is to be
based included less than 48 semester hours or 72 quarter hours,
who did not complete 700 hours of supervised professional
practice as part of the degree program, or who did not complete
course work in all of the content areas required by section
148B.53, subdivision 1, paragraph (b), may complete these
requirements postdegree in order to obtain licensure, if:
(1) all course work and field experiences are completed
through an institution of higher education that is accredited by
a regional accrediting organization recognized by the Council
for Higher Education Accreditation (CHEA) or through a
counseling program recognized by the Council for Accreditation
of Counseling and Related Education Programs (CACREP);
(2) all course work and field experiences are taken and
passed for credit; and
(3) no more than 20 semester credits or 30 quarter credits
are completed postdegree for purposes of licensure unless the
credits are earned as part of an organized sequence of study.
Sec. 4. Minnesota Statutes 2004, section 148B.54,
subdivision 2, is amended to read:
Subd. 2. [CONTINUING EDUCATION.] At the completion of the
first two four years of licensure, a licensee must provide
evidence satisfactory to the board of completion of 12
additional postgraduate semester credit hours or its equivalent
in counseling as determined by the board, except that no
licensee shall be required to show evidence of greater than 60
semester hours or its equivalent. Thereafter, at the time of
renewal, each licensee shall provide evidence satisfactory to
the board that the licensee has completed during each two-year
period at least the equivalent of 40 clock hours of professional
postdegree continuing education in programs approved by the
board and continues to be qualified to practice under sections
148B.50 to 148B.593.
Sec. 5. [148B.555] [EXPERIENCED COUNSELOR TRANSITION.]
(a) An applicant for licensure who, prior to December 31,
2003, completed a master's or doctoral degree program in
counseling or a related field, as determined by the board, and
whose degree was from a counseling program recognized by the
Council for Accreditation of Counseling and Related Education
Programs (CACREP) or from an institution of higher education
that is accredited by a regional accrediting organization
recognized by the Council for Higher Education Accreditation
(CHEA), need not comply with the requirements of section
148B.53, subdivision 1, paragraph (a), clause (3), or (b), so
long as the applicant can document five years of full-time
postdegree work experience within the practice of professional
counseling as defined under section 148B.50, subdivisions 4 and
5.
(b) This section expires July 1, 2007.
Sec. 6. [148B.561] [RETALIATORY PROVISIONS.]
If by the laws of any state or the rulings or decisions of
the appropriate officers or boards thereof, any burden,
obligation, requirement, disqualification, or disability is put
upon licensed professional counselors licensed and in good
standing in this state, affecting the right of these licensed
professional counselors to be registered or licensed in that
state, then the same or like burden, obligation, requirement,
disqualification, or disability may be put upon the licensure in
this state of licensed professional counselors registered in
that state.
Sec. 7. Minnesota Statutes 2004, section 148B.59, is
amended to read:
148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF
DISCIPLINARY ACTION; RESTORATION OF LICENSE.]
(a) The board may impose disciplinary action as described
in paragraph (b) against an applicant or licensee whom the
board, by a preponderance of the evidence, determines:
(1) has violated a statute, rule, or order that the board
issued or is empowered to enforce;
(2) has engaged in fraudulent, deceptive, or dishonest
conduct, whether or not the conduct relates to the practice of
licensed professional counseling, that adversely affects the
person's ability or fitness to practice professional counseling;
(3) has engaged 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;
(4) has been convicted of or has pled guilty or nolo
contendere to a felony or other crime, an element of which is
dishonesty or fraud, or has been shown to have engaged in acts
or practices tending to show that the applicant or licensee is
incompetent or has engaged in conduct reflecting adversely on
the applicant's or licensee's ability or fitness to engage in
the practice of professional counseling;
(5) has employed fraud or deception in obtaining or
renewing a license, or in passing an examination;
(6) has had any counseling license, certificate,
registration, privilege to take an examination, or other similar
authority denied, revoked, suspended, canceled, limited, or not
renewed for cause in any jurisdiction or has surrendered or
voluntarily terminated a license or certificate during a board
investigation of a complaint, as part of a disciplinary order,
or while under a disciplinary order;
(7) has failed to meet any requirement for the issuance or
renewal of the person's license. The burden of proof is on the
applicant or licensee to demonstrate the qualifications or
satisfy the requirements for a license under the Licensed
Professional Counseling Act;
(8) has failed to cooperate with an investigation of the
board;
(9) has demonstrated an inability to practice professional
counseling with reasonable skill and safety to clients due to
any mental or physical illness or condition;
(10) has engaged in fee splitting. This clause does not
apply to the distribution of revenues from a partnership, group
practice, nonprofit corporation, or professional corporation to
its partners, shareholders, members, or employees if the
revenues consist only of fees for services performed by the
licensee or under a licensee's administrative authority. Fee
splitting includes, but is not limited to:
(i) dividing fees with another person or a professional
corporation, unless the division is in proportion to the
services provided and the responsibility assumed by each
professional; and
(ii) referring a client to any health care provider as
defined in section 144.335 in which the referring licensee has a
significant financial interest, unless the licensee has
disclosed in advance to the client the licensee's own financial
interest; or and
(iii) paying, offering to pay, receiving, or agreeing to
receive a commission, rebate, or remuneration, directly or
indirectly, primarily for the referral of clients;
(11) has engaged in conduct with a patient client that is
sexual or may reasonably be interpreted by the patient client as
sexual, or in any verbal behavior that is seductive or sexually
demeaning to a patient client;
(12) has been subject to a corrective action or similar
action in another jurisdiction or by another regulatory
authority; or
(13) has been adjudicated as mentally incompetent, mentally
ill, or mentally retarded or as a chemically dependent person, a
person dangerous to the public, a sexually dangerous person, or
a person who has a sexual psychopathic personality by a court of
competent jurisdiction within this state or an equivalent
adjudication from another state. Adjudication automatically
suspends a license for the duration thereof unless the board
orders otherwise.
(b) If grounds for disciplinary action exist under
paragraph (a), the board may take one or more of the following
actions:
(1) refuse to grant or renew a license;
(2) revoke a license;
(3) suspend a license;
(4) impose limitations or conditions on a licensee's
practice of professional counseling, including, but not limited
to, limiting the scope of practice to designated competencies,
imposing retraining or rehabilitation requirements, requiring
the licensee to practice under supervision, or conditioning
continued practice on the demonstration of knowledge or skill by
appropriate examination or other review of skill and competence;
(5) censure or reprimand the licensee;
(6) refuse to permit an applicant to take the licensure
examination or refuse to release an applicant's examination
grade if the board finds that it is in the public interest; or
(7) 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 applicant or licensee of any economic
advantage gained by reason of the violation charged, to
discourage similar violations or to reimburse the board for the
cost of the investigation and proceeding, including, but not
limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services
provided by the Office of the Attorney General, court reporters,
witnesses, reproduction of records, board members' per diem
compensation, board staff time, and travel costs and expenses
incurred by board staff and board members.
(c) In lieu of or in addition to paragraph (b), the board
may require, as a condition of continued licensure, termination
of suspension, reinstatement of license, examination, or release
of examination grades, that the applicant or licensee:
(1) submit to a quality review, as specified by the board,
of the applicant's or licensee's ability, skills, or quality of
work; and
(2) complete to the satisfaction of the board educational
courses specified by the board.
The board may also refer a licensee, if appropriate, to the
health professionals services program described in sections
214.31 to 214.37.
(d) Service of the order is effective if the order is
served on the applicant, licensee, or counsel of record
personally or by mail to the most recent address provided to the
board for the licensee, applicant, or counsel of record. The
order shall state the reasons for the entry of the order.
Sec. 8. [148B.5901] [TEMPORARY SUSPENSION OF LICENSE.]
(a) In addition to any other remedy provided by law, the
board may issue an order to temporarily suspend the credentials
of a licensee after conducting a preliminary inquiry to
determine if the board reasonably believes that the licensee has
violated a statute or rule that the board is empowered to
enforce and whether continued practice by the licensee would
create an imminent risk of harm to others.
(b) The order may prohibit the licensee from engaging in
the practice of licensed professional counseling in whole or in
part and may condition the end of a suspension on the licensee's
compliance with a statute, rule, or order that the board has
issued or is empowered to enforce.
(c) The order shall give notice of the right to a hearing
according to this subdivision and shall state the reasons for
the entry of the order.
(d) Service of the order is effective when the order is
served on the licensee personally or by certified mail, which is
complete upon receipt, refusal, or return for nondelivery to the
most recent address provided to the board for the licensee.
(e) At the time the board issues a temporary suspension
order, the board shall schedule a hearing to be held before its
own members. The hearing shall begin no later than 60 days
after issuance of the temporary suspension order or within 15
working days of the date of the board's receipt of a request for
hearing by a licensee, on the sole issue of whether there is a
reasonable basis to continue, modify, or lift the temporary
suspension. The hearing is not subject to chapter 14. Evidence
presented by the board or the licensee shall be in affidavit
form only. The licensee or counsel of record may appear for
oral argument.
(f) Within five working days of the hearing, the board
shall issue its order and, if the suspension is continued,
schedule a contested case hearing within 30 days of the issuance
of the order. Notwithstanding chapter 14, the administrative
law judge shall issue a report within 30 days after closing the
contested case hearing record. The board shall issue a final
order within 30 days of receipt of the administrative law
judge's report.
Sec. 9. [148B.5905] [MENTAL, PHYSICAL, OR CHEMICAL
DEPENDENCY EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.]
(a) If the board has probable cause to believe section
148B.59, paragraph (a), clause (9), applies to a licensee or
applicant, the board may direct the person to submit to a
mental, physical, or chemical dependency examination or
evaluation. For the purpose of this section, every licensee and
applicant is deemed to have consented to submit to a mental,
physical, or chemical dependency examination or evaluation when
directed in writing by the board and to have waived all
objections to the admissibility of the examining professionals'
testimony or examination reports on the grounds that the
testimony or examination reports constitute a privileged
communication. Failure of a licensee or applicant to submit to
an examination when directed by the board constitutes an
admission of the allegations against the person, unless the
failure was due to circumstances beyond the person's control, in
which case a default and final order may be entered without the
taking of testimony or presentation of evidence. A licensee or
applicant affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that the person
can resume the competent practice of licensed professional
counseling with reasonable skill and safety to the public. In
any proceeding under this paragraph, neither the record of
proceedings nor the orders entered by the board shall be used
against a licensee or applicant in any other proceeding.
(b) In addition to ordering a physical or mental
examination, the board may, notwithstanding section 13.384,
144.651, or any other law limiting access to medical or other
health data, obtain medical data and health records relating to
a licensee or applicant without the licensee's or applicant's
consent if the board has probable cause to believe that section
148B.59, paragraph (a), clause (9), applies to the licensee or
applicant. The medical data may be requested from a provider,
as defined in section 144.335, subdivision 1, paragraph (b); an
insurance company; or a government agency, including the
Department of Human Services. A provider, insurance company, 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 pursuant to a written request under this
subdivision, unless the information is false and the provider
giving the information knew, or had reason to believe, the
information was false. Information obtained under this
subdivision is classified as private under sections 13.01 to
13.87.
Sec. 10. [148B.5925] [ASSESSMENT TOOL SECURITY.]
Notwithstanding section 144.335, subdivision 2, paragraphs
(a) and (b), a provider shall not be required to provide copies
of assessment tools, assessment tool materials, or scoring keys
to any individual who has completed an assessment tool or to an
individual not qualified to administer, score, and interpret the
assessment tool, if the provider reasonably determines that
access would compromise the objectivity, fairness, or integrity
of the testing process for the individual or others. If the
provider makes this determination, the provider shall, at the
discretion of the individual who has completed the assessment
tool, release the information either to another provider who is
qualified to administer, score, and interpret the assessment
tool or furnish a summary of the assessment tool results to the
individual or to a third party designated by the individual.
Sec. 11. Minnesota Statutes 2004, section 148C.03,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner shall, after
consultation with the advisory council or a committee
established by rule:
(a) adopt and enforce rules for licensure of alcohol and
drug counselors, including establishing standards and methods of
determining whether applicants and licensees are qualified under
section 148C.04. The rules must provide for examinations and
establish standards for the regulation of professional conduct.
The rules must be designed to protect the public;
(b) develop and, at least twice a year, administer an
examination to assess applicants' knowledge and skills. The
commissioner may contract for the administration of an
examination with an entity designated by the commissioner. The
examinations must be psychometrically valid and reliable; must
be written and oral, with the oral examination based on a
written case presentation; must minimize cultural bias; and must
be balanced in various theories relative to the practice of
alcohol and drug counseling;
(c) issue licenses to individuals qualified under sections
148C.01 to 148C.11;
(d) (c) issue copies of the rules for licensure to all
applicants;
(e) (d) adopt rules to establish and implement procedures,
including a standard disciplinary process and rules of
professional conduct;
(f) (e) carry out disciplinary actions against licensees;
(g) (f) establish, with the advice and recommendations of
the advisory council, written internal operating procedures for
receiving and investigating complaints and for taking
disciplinary actions as appropriate;
(h) (g) educate the public about the existence and content
of the rules for alcohol and drug counselor licensing to enable
consumers to file complaints against licensees who may have
violated the rules;
(i) (h) evaluate the rules in order to refine and improve
the methods used to enforce the commissioner's standards; and
(j) (i) collect license fees for alcohol and drug
counselors.
Sec. 12. Minnesota Statutes 2004, section 148C.04,
subdivision 3, is amended to read:
Subd. 3. [REQUIREMENTS FOR LICENSURE BEFORE JULY 1, 2008.]
An applicant for a license must furnish evidence satisfactory to
the commissioner that the applicant has met all the requirements
in clauses (1) to (3). The applicant must have:
(1) received an associate degree, or an equivalent number
of credit hours, and a certificate in alcohol and drug
counseling, including 18 semester credits or 270 clock hours of
academic course work in accordance with subdivision 5a,
paragraph (a), from an accredited school or educational program
and 880 clock hours of supervised alcohol and drug counseling
practicum;
(2) completed one of the following:
(i) a written case presentation and satisfactorily passed
an oral examination established by the commissioner that
demonstrates competence in the core functions as determined by
the board; or
(ii) satisfactorily completed 2,000 hours of supervised
postdegree equivalent professional practice in accordance with
section 148C.044; and
(3) satisfactorily passed a written examination as
established by the commissioner examinations for licensure as
determined by the board.
Sec. 13. Minnesota Statutes 2004, section 148C.04,
subdivision 4, is amended to read:
Subd. 4. [REQUIREMENTS FOR LICENSURE AFTER JULY 1, 2008.]
An applicant for a license must submit evidence to the
commissioner that the applicant has met one of the following
requirements:
(1) the applicant must have:
(i) received a bachelor's degree from an accredited school
or educational program, including 18 semester credits or 270
clock hours of academic course work in accordance with
subdivision 5a, paragraph (a), from an accredited school or
educational program and 880 clock hours of supervised alcohol
and drug counseling practicum;
(ii) completed a written case presentation and
satisfactorily passed an oral examination established by the
commissioner that demonstrates competence in the core functions
as determined by the board; or submitted to the board a plan for
supervision during the first 2,000 hours of professional
practice, or submitted proof of supervised professional practice
that is acceptable to the board; and
(iii) satisfactorily passed a written examination as
examinations as determined by the board established by
the commissioner board; or
(2) the applicant must meet the requirements of section
148C.07.
Sec. 14. Minnesota Statutes 2004, section 148C.04,
subdivision 6, is amended to read:
Subd. 6. [TEMPORARY PERMIT REQUIREMENTS.] (a) The
commissioner shall issue a temporary permit to practice alcohol
and drug counseling prior to being licensed under this chapter
if the person:
(1) either:
(i) submits verification of a current and unrestricted
credential for the practice of alcohol and drug counseling from
a national certification body or a certification or licensing
body from another state, United States territory, or federally
recognized tribal authority;
(ii) submits verification of the completion of at least 64
semester credits, including 270 clock hours or 18 semester
credits of formal classroom education in alcohol and drug
counseling and at least 880 clock hours of alcohol and drug
counseling practicum from an accredited school or educational
program;
(iii) applies to renew a lapsed license according to the
requirements of section 148C.055, subdivision 3, clauses (1) and
(2), or section 148C.055, subdivision 4, clauses (1) and (2); or
(iv) meets the requirements of section 148C.11, subdivision
1, paragraph (c), or 6, clauses (1), (2), and (5);
(2) applies, in writing, on an application form provided by
the commissioner, which includes the nonrefundable temporary
permit fee as specified in section 148C.12 and an affirmation by
the person's supervisor, as defined in paragraph (c), clause
(1), which is signed and dated by the person and the person's
supervisor; and
(3) has not been disqualified to practice temporarily on
the basis of a background investigation under section 148C.09,
subdivision 1a.
(b) The commissioner must notify the person in writing
within 90 days from the date the completed application and all
required information is received by the commissioner whether the
person is qualified to practice under this subdivision.
(c) A person practicing under this subdivision:
(1) may practice under tribal jurisdiction or under the
direct supervision of a person who is licensed under this
chapter;
(2) is subject to the Rules of Professional Conduct set by
rule; and
(3) is not subject to the continuing education requirements
of section 148C.075.
(d) A person practicing under this subdivision must use the
title or description stating or implying that the person is a
trainee engaged in the practice of alcohol and drug counseling.
(e) A person practicing under this subdivision must
annually submit a renewal application on forms provided by the
commissioner with the renewal fee required in section 148C.12,
subdivision 3, and the commissioner may renew the temporary
permit if the trainee meets the requirements of this
subdivision. A trainee may renew a practice permit no more than
five times.
(f) A temporary permit expires if not renewed, upon a
change of employment of the trainee or upon a change in
supervision, or upon the granting or denial by the commissioner
of a license.
Sec. 15. [148C.044] [SUPERVISED POSTDEGREE PROFESSIONAL
PRACTICE.]
Subdivision 1. [SUPERVISION.] For the purpose of this
section, "supervision" means documented interactive
consultation, which, subject to the limitations in subdivision
4, paragraph (a), clause (2), may be conducted in person, by
telephone, or by audio or audiovisual electronic device, with a
supervisor as defined in subdivision 2. The supervision must be
adequate to ensure the quality and competence of the activities
supervised. Supervisory consultation must include discussions
on the nature and content of the practice of the supervisee,
including, but not limited to, a review of a representative
sample of counseling services in the supervisee's practice.
Subd. 2. [POSTDEGREE PROFESSIONAL PRACTICE.] "Postdegree
professional practice" means required postdegree paid or
volunteer work experience and training that involves the
professional oversight by a supervisor approved by the board and
that satisfies the supervision requirements in subdivision 4.
Subd. 3. [SUPERVISOR REQUIREMENTS.] For purposes of this
section, a supervisor shall:
(1) be a licensed alcohol and drug counselor or other
qualified professional as determined by the board;
(2) have four years of experience in providing alcohol and
drug counseling; and
(3) have received a minimum of 12 hours of training in
clinical and ethical supervision, which may include graduate
course work, continuing education courses, workshops, or a
combination thereof.
Subd. 4. [SUPERVISED PRACTICE REQUIREMENTS FOR
LICENSURE.] (a) The content of supervision must include:
(1) knowledge, skills, values, and ethics with specific
application to the practice issues faced by the supervisee,
including the core functions as described in section 148C.01,
subdivision 9;
(2) the standards of practice and ethical conduct, with
particular emphasis given to the counselor's role and
appropriate responsibilities, professional boundaries, and power
dynamics; and
(3) the supervisee's permissible scope of practice, as
defined by section 148C.01, subdivision 10.
(b) The supervision must be obtained at the rate of one
hour of supervision per 40 hours of professional practice, for a
total of 50 hours of supervision. The supervision must be
evenly distributed over the course of the supervised
professional practice. At least 75 percent of the required
supervision hours must be received in person. The remaining 25
percent of the required hours may be received by telephone or by
audio or audiovisual electronic device. At least 50 percent of
the required hours of supervision must be received on an
individual basis. The remaining 50 percent may be received in a
group setting.
(c) The supervision must be completed in no fewer than 12
consecutive months and no more than 36 consecutive months.
(d) The applicant shall include with an application for
licensure verification of completion of the 2,000 hours of
supervised professional practice. Verification must be on a
form specified by the board. The supervisor shall verify that
the supervisee has completed the required hours of supervision
in accordance with this section. The supervised practice
required under this section is unacceptable if the supervisor
attests that the supervisee's performance, competence, or
adherence to the standards of practice and ethical conduct has
been unsatisfactory.
Sec. 16. Minnesota Statutes 2004, section 148C.091,
subdivision 1, is amended to read:
Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When the
commissioner finds that an applicant or a licensed alcohol and
drug counselor has violated a provision or provisions of
sections 148C.01 to 148C.11, or rules promulgated under this
chapter, the commissioner may take one or more of the following
actions:
(1) refuse to grant a license;
(2) revoke the license;
(3) suspend the license;
(4) impose limitations or conditions;
(5) 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 counselor of any economic advantage gained
by reason of the violation charged or to reimburse the
commissioner for all costs of the investigation and proceeding;
including, but not limited to, the amount paid by the
commissioner for services from the Office of Administrative
Hearings, attorney fees, court reports, witnesses, reproduction
of records, advisory council members' per diem compensation,
staff time, and expense incurred by advisory council members and
staff of the department;
(6) order the counselor to provide uncompensated
professional service under supervision at a designated public
hospital, clinic, or other health care institution;
(7) censure or reprimand the counselor; or
(8) any other action justified by the case.
Sec. 17. Minnesota Statutes 2004, section 148C.10,
subdivision 2, is amended to read:
Subd. 2. [USE OF TITLES.] No person shall present
themselves or any other individual to the public by any title
incorporating the words "licensed alcohol and drug counselor" or
otherwise hold themselves out to the public by any title or
description stating or implying that they are licensed or
otherwise qualified to practice alcohol and drug counseling
unless that individual holds a valid license. Persons issued a
temporary permit must use titles consistent with section
148C.04, subdivision 6, paragraph (c) (d).
Sec. 18. Minnesota Statutes 2004, section 148C.11,
subdivision 1, is amended to read:
Subdivision 1. [OTHER PROFESSIONALS.] (a) Nothing in this
chapter prevents 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,; licensed psychological practitioners,; members of the
clergy,; American Indian medicine men and women,; licensed
attorneys,; probation officers,; licensed marriage and family
therapists,; licensed social workers,; social workers employed
by city, county, or state agencies; licensed professional
counselors,; licensed school counselors,; registered
occupational therapists or occupational therapy assistants,;
city, county, or state employees when providing assessments or
case management under Minnesota Rules, chapter 9530; and until
July 1, 2005, individuals providing integrated dual-diagnosis
treatment in adult mental health rehabilitative programs
certified by the Department of Human Services under section
256B.0622 or 256B.0623.
(b) Nothing in this chapter prohibits technicians and
resident managers in programs licensed by the Department of
Human Services from discharging their duties as provided in
Minnesota Rules, chapter 9530.
(c) Any person who is exempt under this section subdivision
but who elects to obtain a license under this chapter is subject
to this chapter to the same extent as other licensees. The
board shall issue a license without examination to an applicant
who is licensed or registered in a profession identified in
paragraph (a) if the applicant:
(1) shows evidence of current licensure or registration;
and
(2) has submitted to the board a plan for supervision
during the first 2,000 hours of professional practice or has
submitted proof of supervised professional practice that is
acceptable to the board.
(d) These persons Any person who is exempt from licensure
under this section must not, however, use a title incorporating
the words "alcohol and drug counselor" or "licensed alcohol and
drug counselor" or otherwise hold themselves out to the public
by any title or description stating or implying that they are
engaged in the practice of alcohol and drug counseling, or that
they are licensed to engage in the practice of alcohol and drug
counseling unless that person is also licensed as an alcohol and
drug counselor. Persons engaged in the practice of alcohol and
drug counseling are not exempt from the commissioner's
jurisdiction solely by the use of one of the above titles.
Sec. 19. Minnesota Statutes 2004, section 148C.11,
subdivision 4, is amended to read:
Subd. 4. [HOSPITAL ALCOHOL AND DRUG COUNSELORS.] Effective
January 1, 2006 2007, hospitals employing alcohol and drug
counselors shall be required to employ licensed alcohol and drug
counselors. An alcohol or drug counselor employed by a hospital
must be licensed as an alcohol and drug counselor in accordance
with this chapter.
Sec. 20. Minnesota Statutes 2004, section 148C.11,
subdivision 5, is amended to read:
Subd. 5. [CITY, COUNTY, AND STATE AGENCY ALCOHOL AND DRUG
COUNSELORS.] Effective January 1, 2006 2007, city, county, and
state agencies employing alcohol and drug counselors shall be
required to employ licensed alcohol and drug counselors. An
alcohol and drug counselor employed by a city, county, or state
agency must be licensed as an alcohol and drug counselor in
accordance with this chapter.
Sec. 21. Minnesota Statutes 2004, section 148C.11,
subdivision 6, is amended to read:
Subd. 6. [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY,
AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period
between July 1, 2003, and January 1, 2006 2007, the commissioner
shall grant a license to an individual who is employed as an
alcohol and drug counselor at a Minnesota school district or
hospital, or a city, county, or state agency in Minnesota, if
the individual meets the requirements in section 148C.0351 and:
(1) was employed as an alcohol and drug counselor at a
school district, a hospital, or a city, county, or state agency
before August 1, 2002; (2) has 8,000 hours of alcohol and drug
counselor work experience; (3) has satisfactorily completed
2,000 hours of supervised postdegree equivalent professional
practice according to section 148C.04, subdivision 4; or has
completed a written case presentation and satisfactorily passed
an oral examination established by the commissioner; (4) and has
satisfactorily passed a written examination as established by
the commissioner; and (5) meets the requirements in section
148C.0351 or
(2) is credentialed as a board certified counselor (BCC) or
board certified counselor reciprocal (BCCR) by the Minnesota
Certification Board; or
(3) has 14,000 hours of supervised alcohol and drug
counselor work experience as documented by the employer.
Sec. 22. Minnesota Statutes 2004, section 148C.12,
subdivision 3, is amended to read:
Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for
applicants under section 148C.04, subdivision 6, paragraph (a),
is $100. The fee for annual renewal of a temporary permit
is $100 $150, but when the first expiration date occurs in less
or more than one year, the fee must be prorated.
Sec. 23. Minnesota Statutes 2004, section 214.01,
subdivision 2, is amended to read:
Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related
licensing board" means the Board of Examiners of Nursing Home
Administrators established pursuant to section 144A.19, the
Office of Unlicensed Complementary and Alternative Health Care
Practice established pursuant to section 146A.02, the Board of
Medical Practice created pursuant to section 147.01, the Board
of Nursing created pursuant to section 148.181, the Board of
Chiropractic Examiners established pursuant to section 148.02,
the Board of Optometry established pursuant to section 148.52,
the Board of Physical Therapy established pursuant to section
148.67, the Board of Psychology established pursuant to section
148.90, the Board of Social Work pursuant to section 148B.19,
the Board of Marriage and Family Therapy pursuant to section
148B.30, the Office of Mental Health Practice established
pursuant to section 148B.61, the Board of Behavioral Health and
Therapy established by section 148B.51, the Alcohol and Drug
Counselors Licensing Advisory Council established pursuant to
section 148C.02, the Board of Dietetics and Nutrition Practice
established under section 148.622, the Board of Dentistry
established pursuant to section 150A.02, the Board of Pharmacy
established pursuant to section 151.02, the Board of Podiatric
Medicine established pursuant to section 153.02, and the Board
of Veterinary Medicine, established pursuant to section 156.01.
Sec. 24. Minnesota Statutes 2004, section 214.103,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] For purposes of this
section, "board" means "health-related licensing board" and does
not include the Alcohol and Drug Counselors Licensing Advisory
Council established pursuant to section 148C.02, or the
non-health-related licensing boards. Nothing in this section
supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as they
apply to the health-related licensing boards.
Sec. 25. [AUTHORIZATION FOR EXPEDITED RULEMAKING
AUTHORITY.]
The Board of Behavioral Health and Therapy may use the
expedited rulemaking process under Minnesota Statutes, section
14.389, for adopting and amending rules to conform with sections
1 to 10.
Sec. 26. [REPEALER.]
(a) Minnesota Statutes 2004, sections 148C.02 and 148C.12,
subdivision 4, are repealed.
(b) Minnesota Rules, parts 4747.0030, subparts 11 and 16;
4747.1200; and 4747.1300, are repealed.
Sec. 27. [EFFECTIVE DATE.]
This article is effective July 1, 2005.
ARTICLE 6
BOARD OF MEDICAL PRACTICE
(PHYSICIAN ASSISTANTS AND RESPIRATORY CARE PRACTITIONERS)
Section 1. Minnesota Statutes 2004, section 147A.18,
subdivision 1, is amended to read:
Subdivision 1. [DELEGATION.] (a) A supervising physician
may delegate to a physician assistant who is registered with the
board, certified by the National Commission on Certification of
Physician Assistants or successor agency approved by the board,
and who is under the supervising physician's supervision, the
authority to prescribe, dispense, and administer legend drugs,
medical devices, and controlled substances subject to the
requirements in this section. The authority to dispense
includes, but is not limited to, the authority to request,
receive, and dispense sample drugs. This authority to dispense
extends only to those drugs described in the written agreement
developed under paragraph (b).
(b) The agreement between the physician assistant and
supervising physician and any alternate supervising physicians
must include a statement by the supervising physician regarding
delegation or nondelegation of the functions of prescribing,
dispensing, and administering of legend drugs and medical
devices to the physician assistant. The statement must include
a protocol indicating categories of drugs for which the
supervising physician delegates prescriptive and dispensing
authority. The delegation must be appropriate to the physician
assistant's practice and within the scope of the physician
assistant's training. Physician assistants who have been
delegated the authority to prescribe, dispense, and administer
legend drugs and medical devices shall provide evidence of
current certification by the National Commission on
Certification of Physician Assistants or its successor agency
when registering or reregistering as physician assistants.
Physician assistants who have been delegated the authority to
prescribe controlled substances must present evidence of the
certification and hold a valid DEA certificate. Supervising
physicians shall retrospectively review the prescribing,
dispensing, and administering of legend and controlled drugs and
medical devices by physician assistants, when this authority has
been delegated to the physician assistant as part of the
delegation agreement between the physician and the physician
assistant. This review must take place at least weekly as
outlined in the internal protocol. The process and schedule for
the review must be outlined in the delegation agreement.
(c) The board may establish by rule:
(1) a system of identifying physician assistants eligible
to prescribe, administer, and dispense legend drugs and medical
devices;
(2) a system of identifying physician assistants eligible
to prescribe, administer, and dispense controlled substances;
(3) a method of determining the categories of legend and
controlled drugs and medical devices that each physician
assistant is allowed to prescribe, administer, and dispense; and
(4) a system of transmitting to pharmacies a listing of
physician assistants eligible to prescribe legend and controlled
drugs and medical devices.
Sec. 2. Minnesota Statutes 2004, section 147A.18,
subdivision 3, is amended to read:
Subd. 3. [OTHER REQUIREMENTS AND RESTRICTIONS.] (a) The
supervising physician and the physician assistant must complete,
sign, and date an internal protocol which lists each category of
drug or medical device, or controlled substance the physician
assistant may prescribe, dispense, and administer. The
supervising physician and physician assistant shall submit the
internal protocol to the board upon request. The supervising
physician may amend the internal protocol as necessary, within
the limits of the completed delegation form in subdivision 5.
The supervising physician and physician assistant must sign and
date any amendments to the internal protocol. Any amendments
resulting in a change to an addition or deletion to categories
delegated in the delegation form in subdivision 5 must be
submitted to the board according to this chapter, along with the
fee required.
(b) The supervising physician and physician assistant shall
review delegation of prescribing, dispensing, and administering
authority on an annual basis at the time of reregistration. The
internal protocol must be signed and dated by the supervising
physician and physician assistant after review. Any amendments
to the internal protocol resulting in changes to the delegation
form in subdivision 5 must be submitted to the board according
to this chapter, along with the fee required.
(c) Each prescription initiated by a physician assistant
shall indicate the following:
(1) the date of issue;
(2) the name and address of the patient;
(3) the name and quantity of the drug prescribed;
(4) directions for use; and
(5) the name, and address, and telephone number of the
prescribing physician assistant and of the physician serving as
supervisor.
(d) In prescribing, dispensing, and administering legend
drugs and medical devices, including controlled substances as
defined in section 152.01, subdivision 4, a physician assistant
must conform with the agreement, chapter 151, and this chapter.
Sec. 3. Minnesota Statutes 2004, section 147C.05, is
amended to read:
147C.05 [SCOPE OF PRACTICE.]
(a) The practice of respiratory care by a registered
respiratory care practitioner includes, but is not limited to,
the following services:
(1) providing and monitoring therapeutic administration of
medical gases, aerosols, humidification, and pharmacological
agents related to respiratory care procedures, but not including
administration of general anesthesia;
(2) carrying out therapeutic application and monitoring of
mechanical ventilatory support;
(3) providing cardiopulmonary resuscitation and maintenance
of natural airways and insertion and maintenance of artificial
airways;
(4) assessing and monitoring signs, symptoms, and general
behavior relating to, and general physical response to,
respiratory care treatment or evaluation for treatment and
diagnostic testing, including determination of whether the
signs, symptoms, reactions, behavior, or general response
exhibit abnormal characteristics;
(5) obtaining physiological specimens and interpreting
physiological data including:
(i) analyzing arterial and venous blood gases;
(ii) assessing respiratory secretions;
(iii) measuring ventilatory volumes, pressures, and flows;
(iv) testing pulmonary function;
(v) testing and studying the cardiopulmonary system; and
(vi) diagnostic testing of breathing patterns related to
sleep disorders;
(6) assisting hemodynamic monitoring and support of the
cardiopulmonary system;
(7) assessing and making suggestions for modifications in
the treatment regimen based on abnormalities, protocols, or
changes in patient response to respiratory care treatment;
(8) providing cardiopulmonary rehabilitation including
respiratory-care related educational components, postural
drainage, chest physiotherapy, breathing exercises, aerosolized
administration of medications, and equipment use and
maintenance;
(9) instructing patients and their families in techniques
for the prevention, alleviation, and rehabilitation of
deficiencies, abnormalities, and diseases of the cardiopulmonary
system; and
(10) transcribing and implementing physician orders for
respiratory care services.
(b) Patient service by a practitioner must be limited to:
(1) services within the training and experience of the
practitioner; and
(2) services within the parameters of the laws, rules, and
standards of the facilities in which the respiratory care
practitioner practices.
(c) Respiratory care services provided by a registered
respiratory care practitioner, whether delivered in a health
care facility or the patient's residence, must not be provided
except upon referral from a physician.
(d) This section does not prohibit an individual licensed
or registered as a respiratory therapist in another state or
country from providing respiratory care in an emergency in this
state, providing respiratory care as a member of an organ
harvesting team, or from providing respiratory care on board an
ambulance as part of an ambulance treatment team.
ARTICLE 7
COMMISSIONER OF HEALTH - AUDIOLOGISTS
Section 1. Minnesota Statutes 2004, section 148.512,
subdivision 6, is amended to read:
Subd. 6. [AUDIOLOGIST.] "Audiologist" means a natural
person who engages in the practice of audiology, meets the
qualifications required by sections 148.511 to 148.5196
148.5198, and is licensed by the commissioner under a general,
clinical fellowship, doctoral externship, or temporary license.
Audiologist also means a natural person using any descriptive
word with the title audiologist.
Sec. 2. Minnesota Statutes 2004, section 148.512, is
amended by adding a subdivision to read:
Subd. 10a. [HEARING AID.] "Hearing aid" means an
instrument, or any of its parts, worn in the ear canal and
designed to or represented as being able to aid or enhance human
hearing. "Hearing aid" includes the aid's parts, attachments,
or accessories, including, but not limited to, ear molds and
behind the ear (BTE) devices with or without an ear mold.
Batteries and cords are not parts, attachments, or accessories
of a hearing aid. Surgically implanted hearing aids, and
assistive listening devices not worn within the ear canal, are
not hearing aids.
Sec. 3. Minnesota Statutes 2004, section 148.512, is
amended by adding a subdivision to read:
Subd. 10b. [HEARING AID DISPENSING.] "Hearing aid
dispensing" means making ear mold impressions, prescribing, or
recommending a hearing aid, assisting the consumer in aid
selection, selling hearing aids at retail, or testing human
hearing in connection with these activities regardless of
whether the person conducting these activities has a monetary
interest in the dispensing of hearing aids to the consumer.
Sec. 4. Minnesota Statutes 2004, section 148.513, is
amended by adding a subdivision to read:
Subd. 2a. [HEARING AID DISPENSERS.] An audiologist must
not hold out as a licensed hearing aid dispenser.
Sec. 5. Minnesota Statutes 2004, section 148.515, is
amended by adding a subdivision to read:
Subd. 6. [DISPENSING AUDIOLOGIST EXAMINATION
REQUIREMENTS.] (a) Audiologists are exempt from the written
examination requirement in section 153A.14, subdivision 2h,
paragraph (a), clause (1).
(b) After July 31, 2005, all applicants for audiologist
licensure under sections 148.512 to 148.5198 must achieve a
passing score on the practical tests of proficiency described in
section 153A.14, subdivision 2h, paragraph (a), clause (2),
within the time period described in section 153A.14, subdivision
2h, paragraph (c).
(c) In order to dispense hearing aids as a sole proprietor,
member of a partnership, or for a limited liability company,
corporation, or any other entity organized for profit, a
licensee who obtained audiologist licensure under sections
148.512 to 148.5198, before August 1, 2005, and who is not
certified to dispense hearing aids under chapter 153A, must
achieve a passing score on the practical tests of proficiency
described in section 153A.14, subdivision 2h, paragraph (a),
clause (2), within the time period described in section 153A.14,
subdivision 2h, paragraph (c). All other audiologist licensees
who obtained licensure before August 1, 2005, are exempt from
the practical tests.
Sec. 6. Minnesota Statutes 2004, section 148.5194, is
amended by adding a subdivision to read:
Subd. 7. [AUDIOLOGIST SURCHARGE FEE.] (a) The biennial
surcharge fee for audiologists is $235. The commissioner shall
prorate the fee for clinical fellowship, doctoral externship,
temporary, and first time licensees according to the number of
months that have elapsed between the date the license is issued
and the date the license expires or must be renewed under
section 148.5191, subdivision 4.
(b) Effective November 1, 2005, the commissioner shall
collect the $235 audiologist surcharge fee prorated according to
the number of months remaining until the next scheduled license
renewal.
Sec. 7. Minnesota Statutes 2004, section 148.5195,
subdivision 3, is amended to read:
Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY
COMMISSIONER.] The commissioner may take any of the disciplinary
actions listed in subdivision 4 on proof that the individual has:
(1) intentionally submitted false or misleading information
to the commissioner or the advisory council;
(2) failed, within 30 days, to provide information in
response to a written request, via certified mail, by the
commissioner or advisory council;
(3) performed services of a speech-language pathologist or
audiologist in an incompetent or negligent manner;
(4) violated sections 148.511 to 148.5196 148.5198;
(5) failed to perform services with reasonable judgment,
skill, or safety due to the use of alcohol or drugs, or other
physical or mental impairment;
(6) violated any state or federal law, rule, or regulation,
and the violation is a felony or misdemeanor, an essential
element of which is dishonesty, or which relates directly or
indirectly to the practice of speech-language pathology or
audiology. Conviction for violating any state or federal law
which relates to speech-language pathology or audiology is
necessarily considered to constitute a violation, except as
provided in chapter 364;
(7) aided or abetted another person in violating any
provision of sections 148.511 to 148.5196 148.5198;
(8) been or is being disciplined by another jurisdiction,
if any of the grounds for the discipline is the same or
substantially equivalent to those under sections 148.511 to
148.5196;
(9) not cooperated with the commissioner or advisory
council in an investigation conducted according to subdivision
1;
(10) advertised in a manner that is false or misleading;
(11) engaged in conduct likely to deceive, defraud, or harm
the public; or demonstrated a willful or careless disregard for
the health, welfare, or safety of a client;
(12) failed to disclose to the consumer any fee splitting
or any promise to pay a portion of a fee to any other
professional other than a fee for services rendered by the other
professional to the client;
(13) engaged in abusive or fraudulent billing practices,
including violations of federal Medicare and Medicaid laws, Food
and Drug Administration regulations, or state medical assistance
laws;
(14) obtained money, property, or services from a consumer
through the use of undue influence, high pressure sales tactics,
harassment, duress, deception, or fraud;
(15) performed services for a client who had no possibility
of benefiting from the services;
(16) failed to refer a client for medical evaluation or to
other health care professionals when appropriate or when a
client indicated symptoms associated with diseases that could be
medically or surgically treated;
(17) if the individual is a dispenser of hearing
instruments as defined by section 153A.13, subdivision 5, had
the certification required by chapter 153A, denied, suspended,
or revoked according to chapter 153A;
(18) used the term doctor of audiology, doctor of
speech-language pathology, AuD, or SLPD without having obtained
the degree from an institution accredited by the North Central
Association of Colleges and Secondary Schools, the Council on
Academic Accreditation in Audiology and Speech-Language
Pathology, the United States Department of Education, or an
equivalent; or
(19) failed to comply with the requirements of section
148.5192 regarding supervision of speech-language pathology
assistants.; or
(20) if the individual is an audiologist or certified
hearing aid dispenser:
(i) prescribed or otherwise recommended to a consumer or
potential consumer the use of a hearing aid, unless the
prescription from a physician or recommendation from an
audiologist or certified dispenser is in writing, is based on an
audiogram that is delivered to the consumer or potential
consumer when the prescription or recommendation is made, and
bears the following information in all capital letters of
12-point or larger boldface type: "THIS PRESCRIPTION OR
RECOMMENDATION MAY BE FILLED BY, AND HEARING AIDS MAY BE
PURCHASED FROM, THE LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER
OF YOUR CHOICE";
(ii) failed to give a copy of the audiogram, upon which the
prescription or recommendation is based, to the consumer when
the consumer requests a copy;
(iii) failed to provide the consumer rights brochure
required by section 148.5197, subdivision 3;
(iv) failed to comply with restrictions on sales of hearing
aids in sections 148.5197, subdivision 3, and 148.5198;
(v) failed to return a consumer's hearing aid used as a
trade-in or for a discount in the price of a new hearing aid
when requested by the consumer upon cancellation of the purchase
agreement;
(vi) failed to follow Food and Drug Administration or
Federal Trade Commission regulations relating to dispensing
hearing aids;
(vii) failed to dispense a hearing aid in a competent
manner or without appropriate training;
(viii) delegated hearing instrument dispensing authority to
a person not authorized to dispense a hearing instrument under
this chapter or chapter 153A;
(ix) failed to comply with the requirements of an employer
or supervisor of a hearing aid dispenser trainee; or
(x) violated a state or federal court order or judgment,
including a conciliation court judgment, relating to the
activities of the individual's hearing aid dispensing.
Sec. 8. Minnesota Statutes 2004, section 148.5196,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The commissioner shall
appoint eight 12 persons to a Speech-Language Pathologist and
Audiologist Advisory Council. The eight 12 persons must include:
(1) two three public members, as defined in section 214.02.
Two of the public members shall be either persons receiving
services of a speech-language pathologist or audiologist, or
family members of or caregivers to such persons, and at least
one of the public members shall be either a hearing instrument
user or an advocate of one;
(2) two three speech-language pathologists licensed under
sections 148.511 to 148.5196, one of whom is currently and has
been, for the five years immediately preceding the appointment,
engaged in the practice of speech-language pathology in
Minnesota and each of whom is employed in a different employment
setting including, but not limited to, private practice,
hospitals, rehabilitation settings, educational settings, and
government agencies;
(3) one speech-language pathologist licensed under sections
148.511 to 148.5196, who is currently and has been, for the five
years immediately preceding the appointment, employed by a
Minnesota public school district or a Minnesota public school
district consortium that is authorized by Minnesota Statutes and
who is licensed in speech-language pathology by the Minnesota
Board of Teaching;
(4) two three audiologists licensed under sections 148.511
to 148.5196, one two of whom is are currently and has have
been, for the five years immediately preceding the appointment,
engaged in the practice of audiology and the dispensing of
hearing instruments in Minnesota and each of whom is employed in
a different employment setting including, but not limited to,
private practice, hospitals, rehabilitation settings,
educational settings, industry, and government agencies; and
(5) one nonaudiologist hearing instrument dispenser
recommended by a professional association representing hearing
instrument dispensers; and
(6) one physician licensed under chapter 147 and certified
by the American Board of Otolaryngology, Head and Neck Surgery.
Sec. 9. [148.5197] [HEARING AID DISPENSING.]
Subdivision 1. [CONTENT OF CONTRACTS.] Oral statements
made by an audiologist or certified dispenser regarding the
provision of warranties, refunds, and service on the hearing aid
or aids dispensed must be written on, and become part of, the
contract of sale, specify the item or items covered, and
indicate the person or business entity obligated to provide the
warranty, refund, or service.
Subd. 2. [REQUIRED USE OF LICENSE NUMBER.] The
audiologist's license number or certified dispenser's
certificate number must appear on all contracts, bills of sale,
and receipts used in the sale of hearing aids.
Subd. 3. [CONSUMER RIGHTS INFORMATION.] An audiologist or
certified dispenser shall, at the time of the recommendation or
prescription, give a consumer rights brochure, prepared by the
commissioner and containing information about legal requirements
pertaining to dispensing of hearing aids, to each potential
consumer of a hearing aid. The brochure must contain
information about the consumer information center described in
section 153A.18. A contract for a hearing aid must note the
receipt of the brochure by the consumer, along with the
consumer's signature or initials.
Subd. 4. [LIABILITY FOR CONTRACTS.] Owners of entities in
the business of dispensing hearing aids, employers of
audiologists or persons who dispense hearing aids, supervisors
of trainees or audiology students, and hearing aid dispensers
conducting the transaction at issue are liable for satisfying
all terms of contracts, written or oral, made by their agents,
employees, assignees, affiliates, or trainees, including terms
relating to products, repairs, warranties, service, and
refunds. The commissioner may enforce the terms of hearing aid
contracts against the principal, employer, supervisor, or
dispenser who conducted the transaction and may impose any
remedy provided for in this chapter.
Sec. 10. [148.5198] [RESTRICTION ON SALE OF HEARING AIDS.]
Subdivision 1. [45-CALENDAR-DAY GUARANTEE AND BUYER RIGHT
TO CANCEL.] (a) An audiologist or certified dispenser dispensing
a hearing aid in this state must comply with paragraphs (b) and
(c).
(b) The audiologist or certified dispenser must provide the
buyer with a 45-calendar-day written money-back guarantee. The
guarantee must permit the buyer to cancel the purchase for any
reason within 45 calendar days after receiving the hearing aid
by giving or mailing written notice of cancellation to the
audiologist or certified dispenser. If the buyer mails the
notice of cancellation, the 45-calendar-day period is counted
using the postmark date, to the date of receipt by the
audiologist or certified dispenser. If the hearing aid must be
repaired, remade, or adjusted during the 45-calendar-day
money-back guarantee period, the running of the 45-calendar-day
period is suspended one day for each 24-hour period that the
hearing aid is not in the buyer's possession. A repaired,
remade, or adjusted hearing aid must be claimed by the buyer
within three business days after notification of availability,
after which time the running of the 45-calendar-day period
resumes. The guarantee must entitle the buyer, upon
cancellation, to receive a refund of payment within 30 days of
return of the hearing aid to the audiologist or certified
dispenser. The audiologist or certified dispenser may retain as
a cancellation fee no more than $250 of the buyer's total
purchase price of the hearing aid.
(c) The audiologist or certified dispenser shall provide
the buyer with a contract written in plain English, that
contains uniform language and provisions that meet the
requirements under the Plain Language Contract Act, sections
325G.29 to 325G.36. The contract must include, but is not
limited to, the following: in immediate proximity to the space
reserved for the signature of the buyer, or on the first page if
there is no space reserved for the signature of the buyer, a
clear and conspicuous disclosure of the following specific
statement in all capital letters of no less than 12-point
boldface type: "MINNESOTA STATE LAW GIVES THE BUYER THE RIGHT
TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO
MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING
AID(S). THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN
OR MAILED TO THE AUDIOLOGIST OR CERTIFIED DISPENSER. IF THE
BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS
45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE
TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST OR
CERTIFIED DISPENSER MAY RETAIN AS A CANCELLATION FEE NO MORE
THAN $250."
Subd. 2. [ITEMIZED REPAIR BILL.] Any audiologist,
certified dispenser, or company who agrees to repair a hearing
aid must provide the owner of the hearing aid, or the owner's
representative, with a bill that describes the repair and
services rendered. The bill must also include the repairing
audiologist's, certified dispenser's, or company's name,
address, and telephone number.
This subdivision does not apply to an audiologist,
certified dispenser, or company that repairs a hearing aid
pursuant to an express warranty covering the entire hearing aid
and the warranty covers the entire cost, both parts and labor,
of the repair.
Subd. 3. [REPAIR WARRANTY.] Any guarantee of hearing aid
repairs must be in writing and delivered to the owner of the
hearing aid, or the owner's representative, stating the
repairing audiologist's, certified dispenser's, or company's
name, address, telephone number, length of guarantee, model, and
serial number of the hearing aid and all other terms and
conditions of the guarantee.
Subd. 4. [MISDEMEANOR.] A person found to have violated
this section is guilty of a misdemeanor.
Subd. 5. [ADDITIONAL.] In addition to the penalty provided
in subdivision 4, a person found to have violated this section
is subject to the penalties and remedies provided in section
325F.69, subdivision 1.
Subd. 6. [ESTIMATES.] Upon the request of the owner of a
hearing aid or the owner's representative for a written estimate
and prior to the commencement of repairs, a repairing
audiologist, certified dispenser, or company shall provide the
customer with a written estimate of the price of repairs. If a
repairing audiologist, certified dispenser, or company provides
a written estimate of the price of repairs, it must not charge
more than the total price stated in the estimate for the
repairs. If the repairing audiologist, certified dispenser, or
company after commencing repairs determines that additional work
is necessary to accomplish repairs that are the subject of a
written estimate and if the repairing audiologist, certified
dispenser, or company did not unreasonably fail to disclose the
possible need for the additional work when the estimate was
made, the repairing audiologist, certified dispenser, or company
may charge more than the estimate for the repairs if the
repairing audiologist, certified dispenser, or company
immediately provides the owner or owner's representative a
revised written estimate pursuant to this section and receives
authorization to continue with the repairs. If continuation of
the repairs is not authorized, the repairing audiologist,
certified dispenser, or company shall return the hearing aid as
close as possible to its former condition and shall release the
hearing aid to the owner or owner's representative upon payment
of charges for repairs actually performed and not in excess of
the original estimate.
Sec. 11. Minnesota Statutes 2004, section 153A.13,
subdivision 5, is amended to read:
Subd. 5. [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of
hearing instruments" means a natural person who engages in
hearing instrument dispensing whether or not certified by the
commissioner of health or licensed by an existing health-related
board, except that a person described as follows is not a
dispenser of hearing instruments:
(1) a student participating in supervised field work that
is necessary to meet requirements of an accredited educational
program if the student is designated by a title which clearly
indicates the student's status as a student trainee; or
(2) a person who helps a dispenser of hearing instruments
in an administrative or clerical manner and does not engage in
hearing instrument dispensing.
A person who offers to dispense a hearing instrument, or a
person who advertises, holds out to the public, or otherwise
represents that the person is authorized to dispense hearing
instruments must be certified by the commissioner except when
the person is an audiologist as defined in section 148.512.
Sec. 12. Minnesota Statutes 2004, section 153A.14,
subdivision 2h, is amended to read:
Subd. 2h. [CERTIFICATION BY EXAMINATION.] An applicant
must achieve a passing score, as determined by the commissioner,
on an examination according to paragraphs (a) to (c).
(a) The examination must include, but is not limited to:
(1) A written examination approved by the commissioner
covering the following areas as they pertain to hearing
instrument selling:
(i) basic physics of sound;
(ii) the anatomy and physiology of the ear;
(iii) the function of hearing instruments; and
(iv) the principles of hearing instrument selection; and
(v) state and federal laws, rules, and regulations.
(2) Practical tests of proficiency in the following
techniques as they pertain to hearing instrument selling:
(i) pure tone audiometry, including air conduction testing
and bone conduction testing;
(ii) live voice or recorded voice speech audiometry
including speech recognition (discrimination) testing, most
comfortable loudness level, and uncomfortable loudness
measurements of tolerance thresholds;
(iii) masking when indicated;
(iv) recording and evaluation of audiograms and speech
audiometry to determine proper selection and fitting of a
hearing instrument;
(v) taking ear mold impressions; and
(vi) using an otoscope for the visual observation of the
entire ear canal; and
(vii) state and federal laws, rules, and regulations.
(b) The examination shall be administered by the
commissioner at least twice a year.
(c) An applicant must achieve a passing score on all
portions of the examination within a two-year period. An
applicant who does not achieve a passing score on all portions
of the examination within a two-year period must retake the
entire examination and achieve a passing score on each portion
of the examination. An applicant who does not apply for
certification within one year of successful completion of the
examination must retake the examination and achieve a passing
score on each portion of the examination. An applicant may not
take any part of the examination more than three times in a
two-year period.
Sec. 13. Minnesota Statutes 2004, section 153A.14,
subdivision 2i, is amended to read:
Subd. 2i. [CONTINUING EDUCATION REQUIREMENT.] On forms
provided by the commissioner, each certified dispenser must
submit with the application for renewal of certification
evidence of completion of ten course hours of continuing
education earned within the 12-month period of July 1 to June 30
immediately preceding renewal. Continuing education courses
must be directly related to hearing instrument dispensing and
approved by the International Hearing Society or qualify for
continuing education approved for Minnesota licensed
audiologists. Evidence of completion of the ten course hours of
continuing education must be submitted with renewal applications
by October 1 of each year. This requirement does not apply to
dispensers certified for less than one year. The first report
of evidence of completion of the continuing education credits
shall be due October 1, 1997.
Sec. 14. Minnesota Statutes 2004, section 153A.14,
subdivision 4, is amended to read:
Subd. 4. [DISPENSING OF HEARING INSTRUMENTS WITHOUT
CERTIFICATE.] Except as provided in subdivisions 4a and 4c, and
in sections 148.512 to 148.5198, it is unlawful for any person
not holding a valid certificate to dispense a hearing instrument
as defined in section 153A.13, subdivision 3. A person who
dispenses a hearing instrument without the certificate required
by this section is guilty of a gross misdemeanor.
Sec. 15. Minnesota Statutes 2004, section 153A.14,
subdivision 4c, is amended to read:
Subd. 4c. [RECIPROCITY.] (a) A person applying for
certification as a hearing instrument dispenser under
subdivision 1 who has dispensed hearing instruments in another
jurisdiction may dispense hearing instruments as a trainee under
indirect supervision if the person:
(1) satisfies the provisions of subdivision 4a, paragraph
(a);
(2) submits a signed and dated affidavit stating that the
applicant is not the subject of a disciplinary action or past
disciplinary action in this or another jurisdiction and is not
disqualified on the basis of section 153A.15, subdivision 1; and
(3) provides a copy of a current credential as a hearing
instrument dispenser, an audiologist, or both, held in the
District of Columbia or a state or territory of the United
States.
(b) A person becoming a trainee under this subdivision who
fails to take and pass the practical examination described in
subdivision 2h, paragraph (a), clause (2), when next offered
must cease dispensing hearing instruments unless under direct
supervision.
Sec. 16. Minnesota Statutes 2004, section 153A.14,
subdivision 9, is amended to read:
Subd. 9. [CONSUMER RIGHTS INFORMATION.] A hearing
instrument dispenser shall, at the time of the recommendation or
prescription, give a consumer rights brochure, prepared by the
commissioner and containing information about legal requirements
pertaining to sales of hearing instruments, to each potential
buyer of a hearing instrument. A sales contract for a hearing
instrument must note the receipt of the brochure by the buyer,
along with the buyer's signature or initials comply with the
requirements of sections 148.5195, subdivision 3, clause (20);
148.5197; and 148.5198.
Sec. 17. Minnesota Statutes 2004, section 153A.15,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS.] The commissioner may
take enforcement action as provided under subdivision 2 against
a dispenser of hearing instruments for the following acts and
conduct:
(1) prescribing or otherwise recommending to a consumer or
potential consumer the use of a hearing instrument, unless the
prescription from a physician or recommendation from a hearing
instrument dispenser or audiologist is in writing, is based on
an audiogram that is delivered to the consumer or potential
consumer when the prescription or recommendation is made, and
bears the following information in all capital letters of
12-point or larger boldface type: "THIS PRESCRIPTION OR
RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE
PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE";
(2) failing to give a copy of the audiogram, upon which the
prescription or recommendation is based, to the consumer when
there has been a charge for the audiogram and the consumer
requests a copy;
(3) dispensing a hearing instrument to a minor person 18
years or younger unless evaluated by an audiologist for hearing
evaluation and hearing aid evaluation;
(4) failing to provide the consumer rights brochure
required by section 153A.14, subdivision 9;
(5) (2) being disciplined through a revocation, suspension,
restriction, or limitation by another state for conduct subject
to action under this chapter;
(6) (3) presenting advertising that is false or misleading;
(7) (4) providing the commissioner with false or misleading
statements of credentials, training, or experience;
(8) (5) engaging in conduct likely to deceive, defraud, or
harm the public; or demonstrating a willful or careless
disregard for the health, welfare, or safety of a consumer;
(9) (6) splitting fees or promising to pay a portion of a
fee to any other professional other than a fee for services
rendered by the other professional to the client;
(10) (7) engaging in abusive or fraudulent billing
practices, including violations of federal Medicare and Medicaid
laws, Food and Drug Administration regulations, or state medical
assistance laws;
(11) (8) obtaining money, property, or services from a
consumer through the use of undue influence, high pressure sales
tactics, harassment, duress, deception, or fraud;
(12) failing to comply with restrictions on sales of
hearing aids in sections 153A.14, subdivision 9, and 153A.19;
(13) (9) performing the services of a certified hearing
instrument dispenser in an incompetent or negligent manner;
(14) (10) failing to comply with the requirements of this
chapter as an employer, supervisor, or trainee;
(15) (11) failing to provide information in a timely manner
in response to a request by the commissioner, commissioner's
designee, or the advisory council;
(16) (12) being convicted within the past five years of
violating any laws of the United States, or any state or
territory of the United States, and the violation is a felony,
gross misdemeanor, or misdemeanor, an essential element of which
relates to hearing instrument dispensing, except as provided in
chapter 364;
(17) (13) failing to cooperate with the commissioner, the
commissioner's designee, or the advisory council in any
investigation;
(18) (14) failing to perform hearing instrument dispensing
with reasonable judgment, skill, or safety due to the use of
alcohol or drugs, or other physical or mental impairment;
(19) (15) failing to fully disclose actions taken against
the applicant or the applicant's legal authorization to dispense
hearing instruments in this or another state;
(20) (16) violating a state or federal court order or
judgment, including a conciliation court judgment, relating to
the activities of the applicant in hearing instrument
dispensing;
(21) (17) having been or being disciplined by the
commissioner of the Department of Health, or other authority, in
this or another jurisdiction, if any of the grounds for the
discipline are the same or substantially equivalent to those in
sections 153A.13 to 153A.19;
(22) (18) misrepresenting the purpose of hearing tests, or
in any way communicating that the hearing test or hearing test
protocol required by section 153A.14, subdivision 4b, is a
medical evaluation, a diagnostic hearing evaluation conducted by
an audiologist, or is other than a test to select a hearing
instrument, except that the hearing instrument dispenser can
determine the need for or recommend the consumer obtain a
medical evaluation consistent with requirements of the United
States Food and Drug Administration;
(23) (19) violating any of the provisions of sections
148.5195, subdivision 3, clause (20); 148.5197; 148.5198; and
153A.13 to 153A.19 153A.18; and
(24) (20) aiding or abetting another person in violating
any of the provisions of sections 148.5195, subdivision 3,
clause (20); 148.5197; 148.5198; and 153A.13 to 153A.19 153A.18.
Sec. 18. Minnesota Statutes 2004, section 153A.20,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The commissioner shall
appoint nine seven persons to a Hearing Instrument Dispenser
Advisory Council.
(a) The nine seven persons must include:
(1) three public members, as defined in section 214.02. At
least one of the public members shall be a hearing instrument
user and one of the public members shall be either a hearing
instrument user or an advocate of one; and
(2) three hearing instrument dispensers certified under
sections 153A.14 to 153A.20, each of whom is currently, and has
been for the five years immediately preceding their appointment,
engaged in hearing instrument dispensing in Minnesota and who
represent the occupation of hearing instrument dispensing and
who are not audiologists; and
(3) three audiologists who are certified hearing instrument
dispensers or are one audiologist licensed as audiologists an
audiologist under chapter 148 who dispenses hearing instruments,
recommended by a professional association representing
audiologists and speech-language pathologists.
(b) The factors the commissioner may consider when
appointing advisory council members include, but are not limited
to, professional affiliation, geographical location, and type of
practice.
(c) No two members of the advisory council shall be
employees of, or have binding contracts requiring sales
exclusively for, the same hearing instrument manufacturer or the
same employer.
Sec. 19. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall change references from
"sections 148.511 to 148.5196" to "sections 148.511 to 148.5198"
wherever they appear in Minnesota Statutes and Minnesota Rules,
and change "153A.19" to "148.5197" in Minnesota Statutes,
section 325G.203.
Sec. 20. [REPEALER.]
Minnesota Statutes 2004, sections 153A.14, subdivisions 2a,
8, and 10; and 153A.19, are repealed.
Sec. 21. [EFFECTIVE DATE.]
Sections 1 to 18 and 20 are effective August 1, 2005.
ARTICLE 8
OFFICE OF MENTAL HEALTH PRACTICES COMMITTEE
Section 1. Minnesota Statutes 2004, section 148B.60, is
amended to read:
148B.60 [DEFINITIONS.]
Subdivision 1. [TERMS.] As used in sections 148B.60 to
148B.71, the following terms have the meanings given them in
this section.
Subd. 2. [OFFICE OF MENTAL HEALTH PRACTICE OR OFFICE.]
"Office of Mental Health Practice" or "office" means the Office
of Mental Health Practice established authorized in section
148B.61.
Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR
PRACTITIONER.] "Unlicensed mental health practitioner" or
"practitioner" means a person who provides or purports to
provide, for remuneration, mental health services as defined in
subdivision 4. It does not include persons licensed by the
Board of Medical Practice under chapter 147 or registered by the
Board of Medical Practice under chapter 147A; the Board of
Nursing under sections 148.171 to 148.285; the Board of
Psychology under sections 148.88 to 148.98; the Board of Social
Work under sections 148B.18 to 148B.289; the Board of Marriage
and Family Therapy under sections 148B.29 to 148B.39; the Board
of Behavioral Health and Therapy under sections 148B.50 to
148B.593 and chapter 148C; or another licensing board if the
person is practicing within the scope of the license; members of
the clergy who are providing pastoral services in the context of
performing and fulfilling the salaried duties and obligations
required of a member of the clergy by a religious congregation;
American Indian medicine men and women; licensed attorneys;
probation officers; school counselors employed by a school
district while acting within the scope of employment as school
counselors; registered licensed occupational therapists;
or licensed occupational therapy assistants. For the purposes
of complaint investigation or disciplinary action relating to an
individual practitioner, the term includes:
(1) persons employed by a program licensed by the
commissioner of human services who are acting as mental health
practitioners within the scope of their employment;
(2) persons employed by a program licensed by the
commissioner of human services who are providing chemical
dependency counseling services; persons who are providing
chemical dependency counseling services in private practice; and
(3) clergy who are providing mental health services that
are equivalent to those defined in subdivision 4.
Subd. 4. [MENTAL HEALTH SERVICES.] "Mental health
services" means psychotherapy, behavioral health care, spiritual
counseling, hypnosis when not for entertainment, and the
professional assessment, treatment, or counseling of another
person for a cognitive, behavioral, emotional, social, or mental
condition, symptom, or dysfunction, including intrapersonal or
interpersonal dysfunctions. The term does not include pastoral
services provided by members of the clergy to members of a
religious congregation in the context of performing and
fulfilling the salaried duties and obligations required of a
member of the clergy by that religious congregation or services
provided by Christian Scientist practitioners.
Subd. 5. [MENTAL HEALTH CLIENT OR CLIENT.] "Mental health
client" or "client" means a person who receives or pays for the
services of a mental health practitioner.
Subd. 5a. [MENTAL-HEALTH-RELATED LICENSING
BOARDS.] "Mental-health-related licensing boards" means the
Boards of Medical Practice, Nursing, Psychology, Social Work,
Marriage and Family Therapy, and Behavioral Health and Therapy.
Subd. 7. [COMMISSIONER.] "Commissioner" means the
commissioner of health or the commissioner's designee.
Subd. 7a. [COMMITTEE.] "Committee" means the Office of
Mental Health Practices Committee, consisting of one person
appointed by each of the following licensing boards: the Board
of Medical Practice; the Board of Nursing; the Board of
Psychology; the Board of Social Work; the Board of Marriage and
Family Therapy; and the Board of Behavioral Health and Therapy.
Subd. 8. [DISCIPLINARY ACTION.] "Disciplinary action"
means an adverse action taken by the commissioner against an
unlicensed mental health practitioner relating to the person's
right to provide mental health services.
Sec. 2. Minnesota Statutes 2004, section 148B.61, is
amended to read:
148B.61 [OFFICE OF MENTAL HEALTH PRACTICE.]
Subdivision 1. [CREATION AUTHORITY.] (a) The Office of
Mental Health Practice is created in the Department of Health
transferred to the mental-health-related licensing boards. The
mental-health-related licensing boards shall convene an Office
of Mental Health Practices Committee to investigate complaints
and take and enforce disciplinary actions against all unlicensed
mental health practitioners for violations of prohibited
conduct, as defined in section 148B.68.
(b) The office committee shall publish a complaint
telephone number, provide an informational Web site, and also
serve as a referral point and clearinghouse on complaints
against mental health services and both licensed and unlicensed
mental health professionals, through the dissemination
of practitioners. The committee shall disseminate objective
information to consumers and through the development and
performance of public education activities, including outreach,
regarding the provision of mental health services and both
licensed and unlicensed mental health professionals who provide
these services.
Subd. 2. [RULEMAKING.] The commissioner of health shall
adopt rules necessary to implement, administer, or enforce
provisions of sections 148B.60 to 148B.71 pursuant to chapter
14. The commissioner may not adopt rules that restrict or
prohibit persons from providing mental health services on the
basis of education, training, experience, or supervision.
Subd. 4. [MANAGEMENT, REPORT, AND SUNSET OF THE
OFFICE.] (a) The committee shall:
(1) designate one board to provide administrative
management of the committee;
(2) set the program budget; and
(3) ensure that the committee's direction is in accord with
its authority.
(b) If the participating boards change which board is
designated to provide administrative management of the
committee, any appropriation remaining for the committee shall
transfer to the newly designated board on the effective date of
the change. The participating boards must inform the
appropriate legislative committees and the commissioner of
finance of any change in the designated board and the amount of
any appropriation transferred under this provision.
(c) The designated board shall hire the office employees
and pay expenses of the committee from funds appropriated for
that purpose.
(d) After July 1, 2008, the committee shall prepare and
submit a report to the legislature by January 15, 2009,
evaluating the activity of the office and making recommendations
concerning the regulation of unlicensed mental health
practitioners. In the absence of legislative action to continue
the committee, the committee expires on June 30, 2009.
Sec. 3. Laws 2003, chapter 118, section 29, as amended by
Laws 2004, chapter 279, article 5, section 10, is amended to
read:
Sec. 29. [REPEALER.]
(a) Minnesota Statutes 2002, sections 148B.60; 148B.61;
148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69;
148B.70; and 148B.71, are repealed.
[EFFECTIVE DATE.] This paragraph is effective July 1,
2005 2009.
(b) Minnesota Statutes 2002, section 148C.01, subdivision
6, is repealed.
[EFFECTIVE DATE.] This paragraph is effective July 1, 2005.
Sec. 4. [REVISOR INSTRUCTION.]
The revisor of statutes shall insert "committee" or
"committee's" wherever "commissioner of health" or
"commissioner's" appears in Minnesota Statutes, sections 148B.60
to 148B.71.
Sec. 5. [EFFECTIVE DATE.]
This article is effective July 1, 2005.
ARTICLE 9
MISCELLANEOUS
Section 1. Minnesota Statutes 2004, section 148.5194, is
amended by adding a subdivision to read:
Subd. 8. [PENALTY FEES.] (a) The penalty fee for
practicing speech language pathology or audiology without a
current license after the credential has expired and before it
is renewed is the amount of the license renewal fee for any part
of the first month, plus the license renewal fee for any part of
any subsequent month up to 36 months.
(b) The penalty fee for applicants who engage in the
unauthorized practice of speech language pathology or audiology
before being issued a license is the amount of the license
application fee for any part of the first month, plus the
license application fee for any part of any subsequent month up
to 36 months. This paragraph does not apply to applicants not
qualifying for a license who engage in the unauthorized practice
of speech language pathology or audiology.
(c) The penalty fee for failing to submit a continuing
education report by the due date with the correct number or type
of hours in the correct time period is $100 plus $20 for each
missing clock hour. The licensee must obtain the missing number
of continuing education hours by the next reporting due date.
(d) Civil penalties and discipline incurred by licensees
prior to August 1, 2005, for conduct described in paragraph (a),
(b), or (c) shall be recorded as nondisciplinary penalty fees.
For conduct described in paragraph (a) or (b) occurring after
August 1, 2005, and exceeding six months, payment of a penalty
fee does not preclude any disciplinary action reasonably
justified by the individual case.
Sec. 2. Minnesota Statutes 2004, section 148.6445, is
amended by adding a subdivision to read:
Subd. 11. [PENALTY FEES.] (a) The penalty fee for
practicing occupational therapy without a current license after
the credential has expired and before it is renewed is the
amount of the license renewal fee for any part of the first
month, plus the license renewal fee for any part of any
subsequent month up to 36 months.
(b) The penalty fee for applicants who engage in the
unauthorized practice of occupational therapy before being
issued a license is the amount of the license application fee
for any part of the first month, plus the license application
fee for any part of any subsequent month up to 36 months. This
paragraph does not apply to applicants not qualifying for a
license who engage in the unauthorized practice of occupational
therapy.
(c) The penalty fee for failing to submit a continuing
education report by the due date with the correct number or type
of hours in the correct time period is $100 plus $20 for each
missing clock hour. The licensee must obtain the missing number
of continuing education hours by the next reporting due date.
(d) Civil penalties and discipline incurred by licensees
prior to August 1, 2005, for conduct described in paragraph (a),
(b), or (c) shall be recorded as nondisciplinary penalty fees.
For conduct described in paragraph (a) or (b) occurring after
August 1, 2005, and exceeding six months, payment of a penalty
fee does not preclude any disciplinary action reasonably
justified by the individual case.
Sec. 3. Minnesota Statutes 2004, section 148C.12, is
amended by adding a subdivision to read:
Subd. 11. [PENALTY FEES.] (a) The penalty fee for
practicing alcohol and drug counseling without a current license
after the credential has expired and before it is renewed is the
amount of the license renewal fee for any part of the first
month, plus the license renewal fee for any part of any
subsequent month up to 36 months.
(b) The penalty fee for applicants who engage in the
unauthorized practice of alcohol and drug counseling before
being issued a license is the amount of the license application
fee for any part of the first month, plus the license
application fee for any part of any subsequent month up to 36
months. This paragraph does not apply to applicants not
qualifying for a license who engage in the unauthorized practice
of alcohol and drug counseling.
(c) The penalty fee for failing to submit a continuing
education report by the due date with the correct number or type
of hours in the correct time period is $100 plus $20 for each
missing clock hour. The licensee must obtain the correct number
of continuing education hours by the next reporting due date.
(d) Civil penalties and discipline incurred by licensees
prior to August 1, 2005, for conduct described in paragraph (a),
(b), or (c) shall be recorded as nondisciplinary penalty fees.
For conduct described in paragraph (a) or (b) occurring after
August 1, 2005, and exceeding 12 months, payment of a penalty
fee does not preclude any disciplinary action reasonably
justified by the individual case.
Sec. 4. [153A.175] [PENALTY FEES.]
(a) The penalty fee for holding oneself out as a hearing
instrument dispenser without a current certificate after the
credential has expired and before it is renewed is one-half the
amount of the certificate renewal fee for any part of the first
day, plus one-half the certificate renewal fee for any part of
any subsequent days up to 30 days.
(b) The penalty fee for applicants who hold themselves out
as hearing instrument dispensers after expiration of the trainee
period and before being issued a certificate is one-half the
amount of the certificate application fee for any part of the
first day, plus one-half the certificate application fee for any
part of any subsequent days up to 30 days. This paragraph does
not apply to applicants not qualifying for a certificate who
hold themselves out as hearing instrument dispensers.
(c) The penalty fee for failing to submit a continuing
education report by the due date with the correct number or type
of hours in the correct time period is $200 plus $200 for each
missing clock hour. The certificate holder must obtain the
missing number of continuing education hours by the next
reporting due date.
(d) Civil penalties and discipline incurred by certificate
holders prior to August 1, 2005, for conduct described in
paragraph (a), (b), or (c) shall be recorded as nondisciplinary
penalty fees. Payment of a penalty fee does not preclude any
disciplinary action reasonably justified by the individual case.
Sec. 5. Minnesota Statutes 2004, section 214.06,
subdivision 1, is amended to read:
Subdivision 1. [FEE ADJUSTMENT.] Notwithstanding any law
to the contrary, the commissioner of health as authorized by
section 214.13, all health-related licensing boards and all
non-health-related licensing boards shall by rule, with the
approval of the commissioner of finance, adjust, as needed, any
fee which the commissioner of health or the board is empowered
to assess. As provided in section 16A.1285, the adjustment
shall be an amount sufficient so that the total fees collected
by each board will as closely as possible equal be based on
anticipated expenditures during the fiscal biennium, including
expenditures for the programs authorized by sections 214.17 to
214.25 and 214.31 to 214.37 214.10, 214.103, 214.11, 214.17 to
214.24, 214.28 to 214.37, and 214.40, except that a
health-related licensing board may have anticipated expenditures
in excess of anticipated revenues in a biennium by using
accumulated surplus revenues from fees collected by that board
in previous bienniums. A health-related licensing board shall
not spend more money than the amount appropriated by the
legislature for a biennium. For members of an occupation
registered after July 1, 1984, by the commissioner of health
under the provisions of section 214.13, the fee established must
include an amount necessary to recover, over a five-year period,
the commissioner's direct expenditures for adoption of the rules
providing for registration of members of the occupation. All
fees received shall be deposited in the state treasury. Fees
received by the commissioner of health or health-related
licensing boards must be credited to the health occupations
licensing account in the state government special revenue fund.
Sec. 6. Minnesota Statutes 2004, section 214.06, is
amended by adding a subdivision to read:
Subd. 1a. [HEALTH OCCUPATIONS LICENSING ACCOUNT.] Fees
received by the commissioner of health or health-related
licensing boards must be credited to the health occupations
licensing account in the state government special revenue fund.
The commissioner of finance shall ensure that the revenues and
expenditures of each health-related licensing board are tracked
separately in the health occupations licensing account.
Sec. 7. [APPROPRIATION.]
$50,000 is appropriated for fiscal year 2006 from the state
government special revenue fund to the administrative services
unit of the Board of Nursing Home Administrators to pay for
medical professional liability insurance coverage under
Minnesota Statutes, section 214.40, subdivision 7. The Board of
Medical Practice, the Board of Nursing, and the Board of
Dentistry shall be assessed an apportioned amount that is equal
to the amount expended on coverage purchased for the providers
regulated by the respective board. This appropriation is
available until expended.
ARTICLE 10
EMERGENCY MEDICAL SERVICES REGULATORY BOARD
Section 1. Minnesota Statutes 2004, section 144E.001,
subdivision 8, is amended to read:
Subd. 8. [LICENSEE.] "Licensee" means a natural person,
partnership, association, corporation, Indian tribe, or unit of
government which possesses an ambulance service license.
Sec. 2. Minnesota Statutes 2004, section 144E.001, is
amended by adding a subdivision to read:
Subd. 14a. [TRIBE.] "Tribe" means a federally recognized
Indian tribe, as defined in United States Code, title 25,
section 450b, paragraph (e), located within the state of
Minnesota.
Sec. 3. Minnesota Statutes 2004, section 144E.001,
subdivision 15, is amended to read:
Subd. 15. [VOLUNTEER AMBULANCE ATTENDANT.] "Volunteer
ambulance attendant" means a person who provides emergency
medical services for a Minnesota licensed ambulance service
without the expectation of remuneration and who does not depend
in any way upon the provision of these services for the person's
livelihood. An individual may be considered a volunteer
ambulance attendant even though the individual receives an
hourly stipend for each hour of actual service provided, except
for hours on standby alert, or other nominal fee, and even
though the hourly stipend or other nominal fee is regarded as
taxable income for purposes of state or federal law, provided
that the hourly stipend and other nominal fees do not exceed
$3,000 within one year of the final certification
examination $6,000 annually.
Sec. 4. [144E.266] [EMERGENCY SUSPENSION OF AMBULANCE
SERVICE REQUIREMENT.]
(a) The requirements of sections 144E.10; 144E.101,
subdivisions 1, 2, 3, 6, 7, 8, 9, 10, 11, and 13; 144E.103;
144E.12; 144E.121; 144E.123; 144E.127; and 144E.15, are
suspended:
(1) throughout the state during a national security
emergency declared under section 12.31;
(2) in the geographic areas of the state affected during a
peacetime emergency declared under section 12.31; and
(3) in the geographic areas of the state affected during a
local emergency declared under section 12.29.
(b) For purposes of this section, the geographic areas of
the state affected shall include geographic areas where one or
more ambulance services are providing requested mutual aid to
the site of the emergency.
Sec. 5. Minnesota Statutes 2004, section 144E.27,
subdivision 2, is amended to read:
Subd. 2. [REGISTRATION.] To be eligible for registration
with the board as a first responder, an individual
shall complete a board-approved application form and:
(1) successfully complete a board-approved initial first
responder training program. Registration under this clause is
valid for two years and expires at the end of the month in which
the registration was issued; or
(2) be credentialed as a first responder by the National
Registry of Emergency Medical Technicians. Registration under
this clause expires the same day as the National Registry
credential.
Sec. 6. Minnesota Statutes 2004, section 144E.28,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] To be eligible for
certification by the board as an EMT, EMT-I, or EMT-P, an
individual shall:
(1) successfully complete the United States Department of
Transportation course, or its equivalent as approved by the
board, specific to the EMT, EMT-I, or EMT-P classification; and
(2) pass the written and practical examinations approved by
the board and administered by the board or its designee,
specific to the EMT, EMT-I, or EMT-P classification; and
(3) complete a board-approved application form.
Sec. 7. Minnesota Statutes 2004, section 144E.28,
subdivision 3, is amended to read:
Subd. 3. [RECIPROCITY.] The board may certify an
individual who possesses a current National Registry of
Emergency Medical Technicians registration from another
jurisdiction if the individual submits a board-approved
application form. The board certification classification shall
be the same as the National Registry's classification.
Certification shall be for the duration of the applicant's
registration period in another jurisdiction, not to exceed two
years.
Sec. 8. Minnesota Statutes 2004, section 144E.28,
subdivision 7, is amended to read:
Subd. 7. [RENEWAL.] (a) Before the expiration date of
certification, an applicant for renewal of certification as an
EMT shall:
(1) successfully complete a course in cardiopulmonary
resuscitation that is approved by the board or the licensee's
medical director; and
(2) take the United States Department of Transportation EMT
refresher course and successfully pass the practical skills test
portion of the course, or successfully complete 48 hours of
continuing education in EMT programs that are consistent with
the United States Department of Transportation National Standard
Curriculum or its equivalent as approved by the board or as
approved by the licensee's medical director and pass a practical
skills test approved by the board and administered by a training
program approved by the board. The cardiopulmonary
resuscitation course and practical skills test may be included
as part of the refresher course or continuing education renewal
requirements. Twenty-four of the 48 hours must include at least
four hours of instruction in each of the following six
categories:
(i) airway management and resuscitation procedures;
(ii) circulation, bleeding control, and shock;
(iii) human anatomy and physiology, patient assessment, and
medical emergencies;
(iv) injuries involving musculoskeletal, nervous,
digestive, and genito-urinary systems;
(v) environmental emergencies and rescue techniques; and
(vi) emergency childbirth and other special situations; and
(3) complete a board-approved application form.
(b) Before the expiration date of certification, an
applicant for renewal of certification as an EMT-I or EMT-P
shall:
(1) for an EMT-I, successfully complete a course in
cardiopulmonary resuscitation that is approved by the board or
the licensee's medical director and for an EMT-P, successfully
complete a course in advanced cardiac life support that is
approved by the board or the licensee's medical director; and
(2) successfully complete 48 hours of continuing education
in emergency medical training programs, appropriate to the level
of the applicant's EMT-I or EMT-P certification, that are
consistent with the United States Department of Transportation
National Standard Curriculum or its equivalent as approved by
the board or as approved by the licensee's medical director. An
applicant may take the United States Department of
Transportation Emergency Medical Technician refresher course or
its equivalent without the written or practical test as approved
by the board, and as appropriate to the applicant's level of
certification, as part of the 48 hours of continuing education.
Each hour of the refresher course, the cardiopulmonary
resuscitation course, and the advanced cardiac life support
course counts toward the 48-hour continuing education
requirement; and
(3) complete a board-approved application form.
(c) Certification shall be renewed every two years.
(d) If the applicant does not meet the renewal requirements
under this subdivision, the applicant's certification expires.
Sec. 9. Minnesota Statutes 2004, section 144E.28,
subdivision 8, is amended to read:
Subd. 8. [REINSTATEMENT.] (a) Within four years of a
certification expiration date, a person whose certification has
expired under subdivision 7, paragraph (d), may have the
certification reinstated upon submission of:
(1) evidence to the board of training equivalent to the
continuing education requirements of subdivision 7; and
(2) a board-approved application form.
(b) If more than four years have passed since a certificate
expiration date, an applicant must complete the initial
certification process required under subdivision 1.
ARTICLE 11
GENERAL HEALTH CARE PROVIDER PROVISIONS
Section 1. Minnesota Statutes 2004, section 45.0135, is
amended by adding a subdivision to read:
Subd. 8. [INVESTIGATIONS; HEALTH-RELATED BOARDS.] (a) The
Division of Insurance Fraud Prevention may consult with the
appropriate health-related board when a licensee, licensed under
chapter 144E, 147, 148, 148B, or 150A, is suspected of insurance
fraud.
(b) The division shall, for any conviction involving or
related to insurance, send copies of all public data in its
possession to the appropriate health-related licensing board.
Sec. 2. [62J.052] [PROVIDER COST DISCLOSURE.]
(a) Each health care provider, as defined by section
62J.03, subdivision 8, except hospitals and outpatient surgical
centers, shall provide the following information:
(1) the average allowable payment from private third-party
payers for the 20 services or procedures most commonly
performed;
(2) the average payment rates for those services and
procedures for medical assistance;
(3) the average charge for those services and procedures
for individuals who have no applicable private or public
coverage; and
(4) the average charge for those services and procedures,
including all patients.
(b) This information shall be updated annually and be
readily available at no cost to the public on site.
Sec. 3. [62Q.251] [DISCOUNTED PAYMENTS.]
(a) Notwithstanding any other provision of law, a health
care provider may provide care to a patient at a discounted
payment amount, provided that the discount does not reduce the
payment below the Medicare-approved payment level.
(b) A health plan company or other insurer must not
consider, in determining a provider's usual and customary
payment, standard payment, or allowable payment used as a basis
for determining the provider's payment by the health plan
company or other insurer, the following discounted payment
situations:
(1) care provided to relatives of the provider; and
(2) care for which a discount is given in exchange for cash
payment.
(c) This section does not disallow charity care for
hardship situations in which the care is provided for free.
(d) A provider may not charge an uninsured person more than
the provider charges a health plan company or other insurer.
Sec. 4. [214.071] [HEALTH BOARDS; DIRECTORY OF LICENSEES.]
Each health board under chapters 147, 148, 148B, and 150A,
shall establish a directory of licensees that includes
biographical data for each licensee.
Sec. 5. [214.106] [HEALTH-RELATED BOARDS; RESPONSE TO
INSURANCE FRAUD.]
A health-related board may revoke, suspend, condition,
limit, restrict, or qualify a license to practice when clear and
convincing evidence indicates the licensee has committed
insurance fraud or subsequent to a conviction relating to fraud.
Presented to the governor May 31, 2005
Signed by the governor June 3, 2005, 4:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes