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Key: (1) language to be deleted (2) new language

CHAPTER 79--S.F.No. 2939

An act

relating to health occupations; removing an unnecessary criminal background fee for certain health boards; modifying occupational therapy provisions; modifying provisions for social work practice; modifying licensing requirements for dentists; permitting payment of certain retirement annuities during employment for peacetime emergency;

amending Minnesota Statutes 2018, sections 147.038, subdivision 1; 147.039; 147.091, subdivision 8; 148.6402, subdivisions 5, 21; 148.6403, subdivisions 1, 5, 6; 148.6404; 148.6405; 148.6412, subdivision 2; 148.6415; 148.6418, subdivisions 4, 5; 148.6420, subdivisions 4, 5; 148.6423; 148.6425, subdivision 2; 148.6428; 148.6430; 148.6432, subdivision 3; 148.6435; 148.6443, as amended; 148.6445, subdivision 11; 148.6448, subdivision 2; 148.6449, subdivision 2; 148E.010, subdivisions 9, 11, 16, 17, 18, 19, by adding subdivisions; 148E.015; 148E.025, subdivision 2; 148E.055, subdivisions 1, 2, 3, 4, 5, 6, 9, 10, 11, by adding subdivisions; 148E.060, subdivisions 1, 2, 2a; 148E.070, subdivisions 2, 3, 5; 148E.080; 148E.085; 148E.095, subdivision 1; 148E.130, subdivision 1, by adding subdivisions; 148E.145; 150A.06, subdivision 6; Minnesota Statutes 2019 Supplement, sections 147.01, subdivision 7; 147A.28; 147B.08, subdivision 4; 147C.40, subdivision 5; 147D.27, subdivision 5; 147F.17, subdivision 1; 148.6420, subdivision 1; 148.6448, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 148E; repealing Minnesota Statutes 2018, sections 148.6402, subdivisions 10, 15; 148.6412, subdivision 1; 148E.045; 148E.055, subdivisions 7, 8; 148E.060, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, 13; 148E.075, subdivisions 1, 1a, 1b, 2, 3, 8; 148E.095, subdivision 2; 148E.130, subdivisions 2, 3, 4, 5, 6, 7; 148E.135; 148E.140; 148E.150; 148E.155; 148E.160; 148E.165; 148E.170; Minnesota Rules, part 4664.0003, subpart 28.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

BOARD OF MEDICAL PRACTICE

Section 1.

Minnesota Statutes 2019 Supplement, section 147.01, subdivision 7, is amended to read:

Subd. 7.

Physician application and license fees.

(a) The board may charge the following nonrefundable application and license fees processed pursuant to sections 147.02, 147.03, 147.037, 147.0375, and 147.38:

(1) physician application fee, $200;

(2) physician annual registration renewal fee, $192;

(3) physician endorsement to other states, $40;

(4) physician emeritus license, $50;

(5) physician temporary license, $60;

(6) physician late fee, $60;

(7) duplicate license fee, $20;

(8) certification letter fee, $25;

(9) education or training program approval fee, $100;

(10) report creation and generation fee, $60 per hour;

(11) examination administration fee (half day), $50;

(12) examination administration fee (full day), $80;

(13) fees developed by the Interstate Commission for determining physician qualification to register and participate in the interstate medical licensure compact, as established in rules authorized in and pursuant to section 147.38, not to exceed $1,000;new text begin andnew text end

(14) verification fee, $25deleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (15) criminal background check fee, $32. deleted text end

(b) The board may prorate the initial annual license fee. All licensees are required to pay the full fee upon license renewal. The revenue generated from the fee must be deposited in an account in the state government special revenue fund.

Sec. 2.

Minnesota Statutes 2018, section 147.038, subdivision 1, is amended to read:

Subdivision 1.

Board approval; reporting.

A person holding deleted text begin an activedeleted text end new text begin anew text end license to practice medicine 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 deleted text begin shalldeleted text end new text begin mustnew text end be reported as a cancellation of a license in good standing.

Sec. 3.

Minnesota Statutes 2018, section 147.039, is amended to read:

147.039 CANCELLATION OF LICENSE FOR NONRENEWAL.

The Board of Medical Practice shall not renew, reissue, reinstate, or restore a license that has lapsed deleted text begin on or after January 1, 1989,deleted text end new text begin and is not subject to a pending review, investigation, or disciplinary action,new text end and has not been renewed within two annual license renewal cycles deleted text begin starting July 1, 1991deleted text end . 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 medicine in Minnesota.

Sec. 4.

Minnesota Statutes 2018, section 147.091, subdivision 8, is amended to read:

Subd. 8.

Limitation.

deleted text begin Nodeleted text end new text begin Anew text end board deleted text begin proceeding againstdeleted text end new text begin review or investigation ofnew text end a regulated person deleted text begin shalldeleted text end new text begin must notnew text end be deleted text begin instituteddeleted text end new text begin initiatednew text end unless deleted text begin commenceddeleted text end new text begin the board has received a complaint or reportnew text end within seven years from the date of the commission of some portion of the deleted text begin offense or misconductdeleted text end new text begin conductnew text end complained of new text begin or reported on new text end except for alleged violations of subdivision 1, paragraph (t).

Sec. 5.

Minnesota Statutes 2019 Supplement, section 147A.28, is amended to read:

147A.28 PHYSICIAN ASSISTANT APPLICATION AND LICENSE FEES.

(a) The board may charge the following nonrefundable fees:

(1) physician assistant application fee, $120;

(2) physician assistant annual registration renewal fee (prescribing authority), $135;

(3) physician assistant annual registration renewal fee (no prescribing authority), $115;

(4) physician assistant temporary registration, $115;

(5) physician assistant temporary permit, $60;

(6) physician assistant locum tenens permit, $25;

(7) physician assistant late fee, $50;

(8) duplicate license fee, $20;

(9) certification letter fee, $25;

(10) education or training program approval fee, $100;

(11) report creation and generation fee, $60 per hour;new text begin andnew text end

(12) verification fee, $25deleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (13) criminal background check fee, $32. deleted text end

(b) The board may prorate the initial annual license fee. All licensees are required to pay the full fee upon license renewal. The revenue generated from the fees must be deposited in an account in the state government special revenue fund.

Sec. 6.

Minnesota Statutes 2019 Supplement, section 147B.08, subdivision 4, is amended to read:

Subd. 4.

Acupuncturist application and license fees.

(a) The board may charge the following nonrefundable fees:

(1) acupuncturist application fee, $150;

(2) acupuncturist annual registration renewal fee, $150;

(3) acupuncturist temporary registration fee, $60;

(4) acupuncturist inactive status fee, $50;

(5) acupuncturist late fee, $50;

(6) duplicate license fee, $20;

(7) certification letter fee, $25;

(8) education or training program approval fee, $100;

(9) report creation and generation fee, $60 per hour;new text begin andnew text end

(10) verification fee, $25deleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (11) criminal background check fee, $32. deleted text end

(b) The board may prorate the initial annual license fee. All licensees are required to pay the full fee upon license renewal. The revenue generated from the fees must be deposited in an account in the state government special revenue fund.

Sec. 7.

Minnesota Statutes 2019 Supplement, section 147C.40, subdivision 5, is amended to read:

Subd. 5.

Respiratory therapist application and license fees.

(a) The board may charge the following nonrefundable fees:

(1) respiratory therapist application fee, $100;

(2) respiratory therapist annual registration renewal fee, $90;

(3) respiratory therapist inactive status fee, $50;

(4) respiratory therapist temporary registration fee, $90;

(5) respiratory therapist temporary permit, $60;

(6) respiratory therapist late fee, $50;

(7) duplicate license fee, $20;

(8) certification letter fee, $25;

(9) education or training program approval fee, $100;

(10) report creation and generation fee, $60 per hour;new text begin andnew text end

(11) verification fee, $25deleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (12) criminal background check fee, $32. deleted text end

(b) The board may prorate the initial annual license fee. All licensees are required to pay the full fee upon license renewal. The revenue generated from the fees must be deposited in an account in the state government special revenue fund.

Sec. 8.

Minnesota Statutes 2019 Supplement, section 147D.27, subdivision 5, is amended to read:

Subd. 5.

Additional fees.

The board may also charge the following nonrefundable fees:

(1) verification fee, $25;

(2) certification letter fee, $25;

(3) education or training program approval fee, $100;

(4) report creation and generation fee, $60 per hour;new text begin andnew text end

(5) duplicate license fee, $20deleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (6) criminal background check fee, $32. deleted text end

Sec. 9.

Minnesota Statutes 2019 Supplement, section 147F.17, subdivision 1, is amended to read:

Subdivision 1.

Fees.

(a) Fees are as follows:

(1) license application fee, $200;

(2) initial licensure and annual renewal, $150;

(3) late fee, $75;

(4) genetic counselor certification fee, $25;

(5) temporary license fee, $60;

(6) duplicate license fee, $20;

(7) certification letter fee, $25;

(8) education or training program approval fee, $100;new text begin andnew text end

(9) report creation and generation fee, $60 per hour billed in quarter-hour increments with a quarter-hour minimumdeleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (10) criminal background check fee, $32. deleted text end

(b) The revenue generated from the fees must be deposited in an account in the state government special revenue fund.

ARTICLE 2

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Section 1.

Minnesota Statutes 2018, section 148.6402, subdivision 5, is amended to read:

Subd. 5.

Contact hour.

"Contact hour" means an instructional session of 60 deleted text begin consecutivedeleted text end minutes, excluding coffee breaks, registration, meals without a speaker, and social activities.

Sec. 2.

Minnesota Statutes 2018, section 148.6402, subdivision 21, is amended to read:

Subd. 21.

Licensure by equivalency.

"Licensure by equivalency" means a method of licensure described in section 148.6412 by which an individual who possesses a new text begin current new text end credential from the National Board for Certification in Occupational Therapy may qualify for licensure.

Sec. 3.

Minnesota Statutes 2018, section 148.6403, subdivision 1, is amended to read:

Subdivision 1.

Unlicensed practice prohibited.

deleted text begin Nodeleted text end new text begin Anew text end person deleted text begin shalldeleted text end new text begin must notnew text end engage in the practice of occupational therapy unless the person is licensed as an deleted text begin occupational therapist or andeleted text end occupational deleted text begin therapist assistantdeleted text end new text begin therapy practitionernew text end in accordance with sections 148.6401 to 148.6449.

Sec. 4.

Minnesota Statutes 2018, section 148.6403, subdivision 5, is amended to read:

Subd. 5.

Exempt persons.

This section does not apply to:

(1) a person employed as an deleted text begin occupational therapist ordeleted text end occupational therapy deleted text begin assistantdeleted text end new text begin practitionernew text end by the government of the United States or any agency of it. However, use of the protected titles under those circumstances is allowed only in connection with performance of official duties for the federal government;

(2) a student participating in supervised fieldwork or supervised coursework that is necessary to meet the requirements of section 148.6408, subdivision 1, or 148.6410, subdivision 1, if the person is designated by a title which clearly indicates the person's status as a student trainee. Any use of the protected titles under these circumstances is allowed only while the person is performing the duties of the supervised fieldwork or supervised coursework; or

(3) a person visiting and then leaving the state and performing occupational therapy services while in the state, if the services are performed no more than 30 days in a calendar year as part of a professional activity that is limited in scope and duration and is in association with an occupational therapist licensed under sections 148.6401 to 148.6449, and

(i) the person is credentialed under the law of another state which has credentialing requirements at least as stringent as the requirements of sections 148.6401 to 148.6449; or

(ii) the person meets the requirements for certification as an occupational therapist registered (OTR) or a certified occupational therapy assistant (COTA), established by the National Board for Certification in Occupational Therapy.

Sec. 5.

Minnesota Statutes 2018, section 148.6403, subdivision 6, is amended to read:

Subd. 6.

Sanctions.

A person who practices occupational therapy or holds out as an deleted text begin occupational therapist ordeleted text end occupational therapy deleted text begin assistantdeleted text end new text begin practitionernew text end by or through the use of any title described in subdivision 2 without prior licensure according to sections 148.6401 to 148.6449 is subject to sanctions or action against continuing the activity according to section 148.6448, chapter 214, or other statutory authority.

Sec. 6.

Minnesota Statutes 2018, section 148.6404, is amended to read:

148.6404 SCOPE OF PRACTICE.

new text begin (a) new text end The practice of occupational therapy deleted text begin by an occupational therapist or occupational therapy assistant includes, but is not limited to, intervention directed towarddeleted text end new text begin means the therapeutic use of everyday activities with individuals or groups for the purpose of enhancing or enabling participation. It is the promotion of health and well-being through the use of occupational therapy services that includes screening, evaluation, intervention, and consultation to develop, recover, and maintain a client'snew text end :

deleted text begin (1) assessment and evaluation, including the use of skilled observation or the administration and interpretation of standardized or nonstandardized tests and measurements, to identify areas for occupational therapy services; deleted text end

deleted text begin (2) providing for the development ofdeleted text end new text begin (1)new text end sensory integrative, neuromuscular, deleted text begin ordeleted text end motornew text begin , emotional, motivational, cognitive, or psychosocialnew text end components of performance;

deleted text begin (3) providing for the development of emotional, motivational, cognitive, or psychosocial components of performance; deleted text end

deleted text begin (4) developingdeleted text end new text begin (2)new text end daily living skills;

deleted text begin (5) developingdeleted text end new text begin (3)new text end feeding and swallowing skills;

deleted text begin (6) developingdeleted text end new text begin (4)new text end play deleted text begin skillsdeleted text end and leisure deleted text begin capacitiesdeleted text end new text begin skillsnew text end ;

deleted text begin (7) enhancingdeleted text end new text begin (5)new text end educational deleted text begin performancedeleted text end new text begin participationnew text end skills;

deleted text begin (8) enhancingdeleted text end new text begin (6)new text end functional performance and work deleted text begin readiness through exercise, range of motion, and use of ergonomic principlesdeleted text end new text begin participation skillsnew text end ;

new text begin (7) community mobility; and new text end

new text begin (8) health and wellness. new text end

new text begin (b) Occupational therapy services include but are not limited to: new text end

deleted text begin (9)deleted text end new text begin (1)new text end designing, fabricating, or applying rehabilitative technology, such as selected orthotic and prosthetic devices, and providing training in the functional use of these devices;

deleted text begin (10)deleted text end new text begin (2)new text end designing, fabricating, or adapting assistive technology and providing training in the functional use of assistive devices;

deleted text begin (11)deleted text end new text begin (3)new text end adapting environments using assistive technology such as environmental controls, wheelchair modifications, and positioning;new text begin andnew text end

deleted text begin (12)deleted text end new text begin (4)new text end employing physical agent modalitiesdeleted text begin ,deleted text end in preparation for or as an adjunct to purposeful activitydeleted text begin , within the same treatment session ordeleted text end to meet established functional occupational therapy goalsdeleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (13) promoting health and wellness. deleted text end

new text begin (c) Occupational therapy services must be based on nationally established standards of practice. new text end

Sec. 7.

Minnesota Statutes 2018, section 148.6405, is amended to read:

148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES AND QUALIFICATIONS.

(a) An applicant for licensure must comply with the application requirements in section 148.6420. To qualify for licensure, an applicant must satisfy one of the requirements in paragraphs (b) to (f) and not be subject to denial of licensure under section 148.6448.

(b) A person who applies for licensure as an occupational therapist and who has not been credentialed by the National Board for Certification in Occupational Therapy or another jurisdiction must meet the requirements in section 148.6408.

(c) A person who applies for licensure as an occupational therapy assistant and who has not been credentialed by the National Board for Certification in Occupational Therapy or another jurisdiction must meet the requirements in section 148.6410.

(d) A person who is certified by the National Board for Certification in Occupational Therapy may apply for licensure by equivalency and must meet the requirements in section 148.6412.

(e) A person who is credentialed in another jurisdiction new text begin and who was previously certified by the National Board for Certification in Occupational Therapy new text end may apply for licensure by reciprocity and must meet the requirements in section 148.6415.

(f) A person who applies for temporary licensure must meet the requirements in section 148.6418.

(g) A person who applies for licensure under paragraph (b), (c), or (f) more than two and less than four years after meeting the new text begin examination new text end requirements in section 148.6408new text begin , subdivision 2,new text end or 148.6410new text begin , subdivision 2,new text end must submit the following:

(1) a completed and signed application for licensure on forms provided by the board;

(2) the license application fee required under section 148.6445;

(3) if applying for occupational therapist licensure, proof of having met a minimum of 24 contact hours of continuing education in the two years preceding licensure application, or if applying for occupational therapy assistant licensure, proof of having met a minimum of 18 contact hours of continuing education in the two years preceding licensure application;

(4) verified documentation of successful completion of 160 hours of supervised practice approved by the board under a limited license specified in section 148.6425, subdivision 3, paragraph (c); and

(5) additional information as requested by the board to clarify information in the application, including information to determine whether the individual has engaged in conduct warranting disciplinary action under section 148.6448. The information must be submitted within 30 new text begin calendar new text end days deleted text begin afterdeleted text end new text begin from the date ofnew text end the board's request.

(h) A person who deleted text begin applieddeleted text end new text begin appliesnew text end for licensure under paragraph (b), (c), or (f) four years or more after meeting the new text begin examination new text end requirements in section 148.6408new text begin , subdivision 2,new text end or 148.6410new text begin , subdivision 2,new text end mustnew text begin :new text end

new text begin (1)new text end meet all the requirements in paragraph (g) except clauses (3) and (4)deleted text begin ,deleted text end new text begin ;new text end

new text begin (2)new text end submit documentation of having retaken and deleted text begin passeddeleted text end new text begin achieved a qualifying score onnew text end the credentialing examination for occupational deleted text begin therapistdeleted text end new text begin therapistsnew text end or occupational therapy deleted text begin assistantdeleted text end new text begin assistantsnew text end , or of having completed an occupational therapy refresher program that contains both a theoretical and clinical component approved by the boarddeleted text begin ,deleted text end new text begin ;new text end and

new text begin (3) submit new text end verified documentation of successful completion of 480 hours of supervised practice approved by the board under a limited license specified in section 148.6425, subdivision 3, paragraph (c). The 480 hours of supervised practice must be completed in six months and may be completed at the applicant's place of work. Only refresher courses completed within one year prior to the date of application qualify for approval.

Sec. 8.

Minnesota Statutes 2018, section 148.6412, subdivision 2, is amended to read:

Subd. 2.

Persons certified by National Board for Certification in Occupational Therapy deleted text begin after June 17, 1996deleted text end .

The board may license any person certified by the National Board for Certification in Occupational Therapy as an occupational therapist deleted text begin after June 17, 1996,deleted text end if the board determines the requirements for certification are equivalent to or exceed the requirements for licensure as an occupational therapist under section 148.6408. The board may license any person certified by the National Board for Certification in Occupational Therapy as an occupational therapy assistant deleted text begin after June 17, 1996,deleted text end if the board determines the requirements for certification are equivalent to or exceed the requirements for licensure as an occupational therapy assistant under section 148.6410. Nothing in this section limits the board's authority to deny licensure based upon the grounds for discipline in sections 148.6401 to 148.6449.

Sec. 9.

Minnesota Statutes 2018, section 148.6415, is amended to read:

148.6415 LICENSURE BY RECIPROCITY.

A person who new text begin is not certified by the National Board for Certification in Occupational Therapy but who new text end holds a current credential as an occupational therapist in the District of Columbia or a state or territory of the United States whose standards for credentialing are determined by the board to be equivalent to or exceed the requirements for licensure under section 148.6408 may be eligible for licensure by reciprocity as an occupational therapist. A person who new text begin is not certified by the National Board for Certification in Occupational Therapy but who new text end holds a current credential as an occupational therapy assistant in the District of Columbia or a state or territory of the United States whose standards for credentialing are determined by the board to be equivalent to or exceed the requirements for licensure under section 148.6410 may be eligible for licensure by reciprocity as an occupational therapy assistant. Nothing in this section limits the board's authority to deny licensure based upon the grounds for discipline in sections 148.6401 to 148.6449. An applicant must provide:

(1) the application materials as required by section 148.6420, subdivisions 1, 3, and 4;

(2) the fees required by section 148.6445;

(3) a copy of a current and unrestricted credential for the practice of occupational therapy as either an occupational therapist or occupational therapy assistant;

(4) a letter from the jurisdiction that issued the credential describing the applicant's qualifications that entitled the applicant to receive the credential; and

(5) other information necessary to determine whether the credentialing standards of the jurisdiction that issued the credential are equivalent to or exceed the requirements for licensure under sections 148.6401 to 148.6449.

Sec. 10.

Minnesota Statutes 2018, section 148.6418, subdivision 4, is amended to read:

Subd. 4.

Supervision required.

An applicant who has graduated from an accredited occupational therapy program, as required by section 148.6408, subdivision 1, or 148.6410, subdivision 1, and who has not passed the examination required by section 148.6408, subdivision 2, or 148.6410, subdivision 2, must practice under the supervision of a licensed occupational therapist. The supervising therapist must, at a minimum, supervise the person working under temporary licensure in the performance of the initial evaluation, determination of the appropriate deleted text begin treatmentdeleted text end new text begin interventionnew text end plan, and periodic review and modification of the deleted text begin treatmentdeleted text end new text begin interventionnew text end plan. The supervising therapist must observe the person working under temporary licensure in order to deleted text begin assuredeleted text end new text begin ensurenew text end service competency in carrying out evaluation, deleted text begin treatmentdeleted text end new text begin interventionnew text end planning, and deleted text begin treatmentdeleted text end new text begin interventionnew text end implementation. The frequency of face-to-face collaboration between the person working under temporary licensure and the supervising therapist must be based on the condition of each patient or client, the complexity of deleted text begin treatmentdeleted text end new text begin interventionnew text end and evaluation procedures, and the proficiencies of the person practicing under temporary licensure. new text begin Following demonstrated service competency of the applicant, supervision must occur no less than every ten intervention days or every 30 calendar days, whichever occurs first. new text end The occupational therapist or occupational therapy assistant working under temporary licensure must provide verification of supervision on the application form provided by the board.

Sec. 11.

Minnesota Statutes 2018, section 148.6418, subdivision 5, is amended to read:

Subd. 5.

Expiration of temporary licensure.

new text begin (a) A person issued a temporary license pursuant to subdivision 2, clause (1), must demonstrate to the board within the temporary licensure period successful completion of the qualifying examination requirement under section 148.6408, subdivision 2, or section 148.6410, subdivision 2. A temporary license holder who fails the qualifying examination for a second time shall have their temporary license revoked effective upon notification to the temporary license holder of the examination score. It is the temporary license holder's obligation to submit to the board their qualifying examination scores and to refrain from practice if their temporary license is revoked. Failure to do so subjects the temporary license holder to disciplinary action pursuant to section 148.6448, subdivision 1, clause (5). new text end

new text begin (b) new text end A temporary license deleted text begin issued to a person pursuant to subdivision 2, clause (1),deleted text end expires six months from the date of issuance deleted text begin for occupational therapists and occupational therapy assistantsdeleted text end or on the date the board grants or denies licensure, whichever occurs first. deleted text begin A temporary license issued to a person pursuant to subdivision 2, clause (2) or (3), expires 90 days after it is issued. Upon application for renewal, a temporary license shall be renewed once to persons who have not met the examination requirement under section 148.6408, subdivision 2, or 148.6410, subdivision 2, within the initial temporary licensure period and who are not the subject of a disciplinary action nor disqualified on the basis of items in section 148.6448, subdivision 1. Upon application for renewal, a temporary license shall be renewed once to persons who are able to demonstrate good cause for failure to meet the requirements for licensure under section 148.6412 or 148.6415 within the initial temporary licensure period and who are not the subject of a disciplinary action nor disqualified on the basis of items in section 148.6448, subdivision 1.deleted text end

new text begin (c) A temporary license is not renewable. new text end

Sec. 12.

Minnesota Statutes 2019 Supplement, section 148.6420, subdivision 1, is amended to read:

Subdivision 1.

Applications for licensure.

An applicant for licensure must:

(1) submit a completed application for licensure on forms provided by the board and must supply the information requested on the application, including:

(i) the applicant's name, business address and business telephone number, business setting, new text begin primary e-mail address, new text end and daytime telephone number;

(ii) the name and location of the occupational therapy program the applicant completed;

(iii) a description of the applicant's education and training, including a list of degrees received from educational institutions;

(iv) the applicant's work history for the six years preceding the applicationdeleted text begin , including the number of hours workeddeleted text end ;

(v) a list of all credentials currently and previously held in Minnesota and other jurisdictions;

(vi) a description of any jurisdiction's refusal to credential the applicant;

(vii) a description of all professional disciplinary actions initiated against the applicant in any jurisdiction;

(viii) information on any physical or mental condition or chemical dependency that impairs the person's ability to engage in the practice of occupational therapy with reasonable judgment or safety;

(ix) a description of any misdemeanor or felony conviction that relates to honesty or to the practice of occupational therapy; and

(x) a description of any state or federal court order, including a conciliation court judgment or a disciplinary order, related to the individual's occupational therapy practice;

(2) submit with the application all fees required by section 148.6445;

(3) sign a statement that the information in the application is true and correct to the best of the applicant's knowledge and belief;

(4) sign a waiver authorizing the board to obtain access to the applicant's records in this or any other state in which the applicant holds or previously held a credential for the practice of an occupation, has completed an accredited occupational therapy education program, or engaged in the practice of occupational therapy;

(5) submit additional information as requested by the board; and

(6) submit the additional information required for licensure by equivalency, licensure by reciprocity, and temporary licensure as specified in sections 148.6408 to 148.6418.

Sec. 13.

Minnesota Statutes 2018, section 148.6420, subdivision 4, is amended to read:

Subd. 4.

Applicants credentialed in another jurisdiction.

In addition to providing the materials required in subdivision 1, an applicant credentialed in another jurisdiction must request that the appropriate government body in each jurisdiction in which the applicant holds or held an occupational therapy credential deleted text begin send a letter to the commissionerdeleted text end new text begin provide documentation to the boardnew text end that verifies the applicant's credentials. Except as provided in section 148.6418, a license deleted text begin shalldeleted text end new text begin mustnew text end not be issued until the deleted text begin commissionerdeleted text end new text begin boardnew text end receives deleted text begin letters verifyingdeleted text end new text begin verification ofnew text end each of the applicant's credentials. Each deleted text begin letterdeleted text end new text begin verificationnew text end must include the applicant's name and date of birth, credential number and date of issuance, a statement regarding investigations pending and disciplinary actions taken or pending against the applicant, current status of the credential, and the terms under which the credential was issued.

Sec. 14.

Minnesota Statutes 2018, section 148.6420, subdivision 5, is amended to read:

Subd. 5.

Action on applications for licensure.

(a) The board shall approve, approve with conditions, or deny licensure. The board shall act on an application for licensure according to paragraphs (b) to (d).

(b) The board shall determine if the applicant meets the requirements for licensure. The boarddeleted text begin , or the advisory council at the board's request,deleted text end may investigate information provided by an applicant to determine whether the information is accurate and complete.

(c) The board shall notify an applicant of action taken on the application and, if licensure is denied or approved with conditions, the grounds for the board's determination.

(d) An applicant denied licensure or granted licensure with conditions may make a written request to the board, within 30 days of the date of the board's determination, for reconsideration of the board's determination. Individuals requesting reconsideration may submit information which the applicant wants considered in the reconsideration. After reconsideration of the board's determination to deny licensure or grant licensure with conditions, the board shall determine whether the original determination should be affirmed or modified. An applicant is allowed no more than one request in any one biennial licensure period for reconsideration of the board's determination to deny licensure or approve licensure with conditions.

Sec. 15.

Minnesota Statutes 2018, section 148.6423, is amended to read:

148.6423 LICENSURE RENEWAL.

Subdivision 1.

Renewal requirements.

To be eligible for licensure renewal, a licensee must:

(1) submit a completed and signed application for licensure renewal deleted text begin on forms provided by the boarddeleted text end ;

(2) submit the renewal fee required under section 148.6445;

(3) submit proof of having met the continuing education requirement of section 148.6443 deleted text begin on forms provided by the boarddeleted text end ; and

(4) submit additional information as requested by the board to clarify information presented in the renewal application. The information must be submitted within 30 new text begin calendar new text end days deleted text begin afterdeleted text end new text begin ofnew text end the board's request.

Subd. 2.

Renewal deadline.

(a) Except as provided in paragraph (c), licenses must be renewed every two years. Licensees must comply with the following procedures in paragraphs (b) to (e).

(b) Each license must state an expiration date. An application for licensure renewal must be received by the board deleted text begin or postmarkeddeleted text end at least 30 calendar days before the expiration date. deleted text begin If the postmark is illegible, the application shall be considered timely if received at least 21 calendar days before the expiration date.deleted text end

(c) If the board changes the renewal schedule and the expiration date is less than two years, the fee and the continuing education contact hours to be reported at the next renewal must be prorated.

(d) An application for licensure renewal not received within the time required under paragraph (b), but received on or before the expiration date, must be accompanied by a late fee in addition to the renewal fee specified by section 148.6445.

(e) Licensure renewals received after the expiration date deleted text begin shall not be accepted and persons seeking licensed statusdeleted text end must comply with the requirements of section 148.6425.

Subd. 3.

Licensure renewal notice.

At least 60 deleted text begin calendardeleted text end days before the expiration date in subdivision 2, the board deleted text begin shall maildeleted text end new text begin must send or transmitnew text end a renewal notice to the deleted text begin licensee's last known address on file with the boarddeleted text end new text begin licenseenew text end . The notice must include deleted text begin an application for licensure renewal and notice of fees required for renewaldeleted text end new text begin information about accessing the license renewal and fee schedulenew text end . The licensee's failure to receive notice does not relieve the licensee of the obligation to meet the renewal deadline and other requirements for licensure renewal.

new text begin Subd. 4. new text end

new text begin License renewal cycle conversion. new text end

new text begin The license renewal cycle for occupational therapy licensees is converted to a two-year cycle where renewal is due on the last day of the licensee's month of birth. Conversion pursuant to this section begins January 1, 2021. This section governs license renewal procedures for licensees who were licensed before December 31, 2020. The conversion renewal cycle is the renewal cycle following the first license renewal after January 1, 2020. The conversion license period is the license period for the conversion renewal cycle. The conversion license period is between 13 and 24 months and ends on the last day of the licensee's month of birth in either 2022 or 2023, as described in subdivision 5. new text end

new text begin Subd. 5. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee whose license is current as of December 31, 2020, the licensee's conversion license period begins on January 1, 2021, and ends on the last day of the licensee's month of birth in 2023, except that for licensees whose month of birth is January, February, March, April, May, or June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in 2022. new text end

new text begin Subd. 6. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision applies to a licensee who was licensed before December 31, 2020, but whose license is not current as of December 31, 2020. When the licensee first renews the license after January 1, 2021, the conversion renewal cycle begins on the date the licensee applies for renewal and ends on the last day of the licensee's month of birth in the next year, except that if the last day of the licensee's month of birth is less than six months after the date the licensee applies for renewal, then the renewal period ends on the last day of the licensee's month of birth two years after the date of renewal. new text end

new text begin Subd. 7. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle under subdivision 5 or 6, subsequent renewal cycles are biennial and begin on the first day of the month following the licensee's birth month. new text end

new text begin Subd. 8. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before January 1, 2021, and who renews that license pursuant to subdivision 5 or 6, must pay a renewal fee as required in this subdivision. new text end

new text begin (b) A licensee must be charged the biennial license fee listed in section 148.6445 for the conversion license period. new text end

new text begin (c) For a licensee whose conversion license period is 13 to 24 months, the first biennial license fee charged after the conversion license period must be adjusted to credit the excess fee payment made during the conversion license period. The credit is calculated by: new text end

new text begin (1) subtracting the number of months of the licensee's conversion license period from 24; and new text end

new text begin (2) multiplying the result of clause (1) by 1/24 of the biennial fee rounded up to the next dollar. new text end

new text begin (d) For a licensee whose conversion license period is 24 months, the first biennial license fee charged after the conversion license period must not be adjusted. new text end

new text begin (e) For the second and all subsequent license renewals made after the conversion license period, the licensee's biennial license fee is as listed in section 148.6445. new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin Subdivisions 4, 5, 7, and 8 expire December 31, 2023. new text end

Sec. 16.

Minnesota Statutes 2018, section 148.6425, subdivision 2, is amended to read:

Subd. 2.

Licensure renewal after licensure expiration date.

deleted text begin An individualdeleted text end new text begin A licenseenew text end whose application for licensure renewal is received after the licensure expiration date must submit the following:

(1) a completed and signed application for licensure following lapse in licensed status deleted text begin on forms provided by the boarddeleted text end ;

(2) the renewal fee and the late fee required under section 148.6445;

(3) proof of having met the continuing education requirements in section 148.6443, subdivision 1; and

(4) additional information as requested by the board to clarify information in the application, including information to determine whether the deleted text begin individualdeleted text end new text begin licenseenew text end has engaged in conduct warranting disciplinary action as set forth in section 148.6448. The information must be submitted within 30new text begin calendarnew text end days deleted text begin afterdeleted text end new text begin from the date ofnew text end the board's request.

Sec. 17.

Minnesota Statutes 2018, section 148.6428, is amended to read:

148.6428 CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.

A licensee who changes a name, new text begin primary e-mail address, new text end address, deleted text begin ordeleted text end employmentnew text begin , business address, or business telephone numbernew text end must inform the boarddeleted text begin , in writing,deleted text end of the change of name, new text begin primary e-mail address, new text end address, employment, business address, or business telephone number within 30 new text begin calendar new text end daysnew text begin from the effective date of the changenew text end . A change in name must be accompanied by a copy of a marriage certificate or court order. All notices or other correspondence deleted text begin mailed to ordeleted text end served on a licensee by the board at the licensee's deleted text begin addressdeleted text end new text begin contact informationnew text end on file with the board deleted text begin shalldeleted text end new text begin mustnew text end be considered as having been received by the licensee.

Sec. 18.

Minnesota Statutes 2018, section 148.6430, is amended to read:

148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.

The occupational therapist is responsible for all duties delegated to the occupational therapy assistant or tasks assigned to direct service personnel. The occupational therapist may delegate to an occupational therapy assistant those portions of a client's evaluation, reevaluation, and deleted text begin treatmentdeleted text end new text begin interventionnew text end that, according to prevailing new text begin national new text end practice standards deleted text begin of the American Occupational Therapy Associationdeleted text end , can be performed by an occupational therapy assistant. The occupational therapist may not delegate portions of an evaluation or reevaluation of a person whose condition is changing rapidly.

Sec. 19.

Minnesota Statutes 2018, section 148.6432, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Treatmentdeleted text end new text begin Interventionnew text end .

(a) The occupational therapist deleted text begin shalldeleted text end new text begin mustnew text end determine the frequency and manner of supervision of an occupational therapy assistant performing deleted text begin treatmentdeleted text end new text begin interventionnew text end procedures delegated pursuant to section 148.6430deleted text begin ,deleted text end based on the condition of the patient or client, the complexity of the deleted text begin treatmentdeleted text end new text begin interventionnew text end procedure, and the deleted text begin proficienciesdeleted text end new text begin service competencynew text end of the occupational therapy assistant.

(b) Face-to-face collaboration between the occupational therapist and the occupational therapy assistant deleted text begin shalldeleted text end new text begin mustnew text end occurdeleted text begin , at a minimum, every two weeksdeleted text end new text begin every ten intervention days or every 30 days, whichever comes firstnew text end , during which time the occupational therapist is responsible for:

(1) planning and documenting an initial deleted text begin treatmentdeleted text end new text begin interventionnew text end plan and discharge from deleted text begin treatmentdeleted text end new text begin interventionsnew text end ;

(2) reviewing deleted text begin treatmentdeleted text end new text begin interventionnew text end goals, therapy programs, and client progress;

(3) supervising changes in the deleted text begin treatmentdeleted text end new text begin interventionnew text end plan;

(4) conducting or observing deleted text begin treatmentdeleted text end new text begin interventionnew text end procedures for selected clients and documenting appropriateness of deleted text begin treatmentdeleted text end new text begin interventionnew text end procedures. Clients deleted text begin shalldeleted text end new text begin mustnew text end be selected based on the occupational therapy services provided to the client and the role of the occupational therapist and the occupational therapy assistant in those services; and

(5) ensuring the service competency of the occupational therapy assistant in performing delegated deleted text begin treatmentdeleted text end new text begin interventionnew text end procedures.

(c) Face-to-face collaboration must occur more frequently deleted text begin than every two weeksdeleted text end if necessary to meet the requirements of paragraph (a) or (b).

(d) The occupational therapist deleted text begin shalldeleted text end new text begin mustnew text end document compliance with this subdivision in the client's file or chart.

Sec. 20.

Minnesota Statutes 2018, section 148.6435, is amended to read:

148.6435 COORDINATION OF SERVICES.

An occupational therapist deleted text begin shalldeleted text end new text begin mustnew text end :

(1) collect information necessary to ensure that the provision of occupational therapy services are consistent with the client's physical and mental health status. The information required to make this determination may include, but is not limited to, contacting the client's licensed health care professional for health history, current health status, current medications, and precautions;

(2) modify or terminate occupational therapy deleted text begin treatmentdeleted text end new text begin interventionnew text end of a client that is not beneficial to the client, not tolerated by the client, or refused by the client, and if deleted text begin treatmentdeleted text end new text begin interventionnew text end was terminated for a medical reason, notify the client's licensed health care professional by correspondence postmarked or delivered to the licensed health care professional within deleted text begin seven calendar daysdeleted text end new text begin one weeknew text end of the termination of deleted text begin treatmentdeleted text end new text begin interventionnew text end ;

(3) refer a client to an appropriate health care, social service, or education practitioner if the client's condition requires services not within the occupational therapist's service competency or not within the practice of occupational therapy generally;new text begin andnew text end

(4) participate and cooperate in the coordination of occupational therapy services with other related services, as a member of the professional community serving the clientdeleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (5) communicate, in writing, with the appropriate licensed health care professional an occupational therapy plan of care, postmarked or delivered to the licensed health care professional within 14 calendar days of the initiation of treatment. The occupational therapist must provide this written communication even if occupational therapy treatment is concluded in less than 14 consecutive days. The occupational therapist shall document modifications to the plan of care requested by the licensed health care professional following consultation with the licensed health care professional. Occupational therapists employed by a school system are exempt from the requirements of this clause in the performance of their duties within the school system. deleted text end

Sec. 21.

Minnesota Statutes 2018, section 148.6443, as amended by Laws 2019, chapter 50, article 1, section 49, is amended to read:

148.6443 CONTINUING EDUCATION REQUIREMENTS.

Subdivision 1.

General requirements.

A licensed occupational therapist must obtain a minimum of 24 contact hours of continuing education in the two-year licensure period. A licensed occupational therapy assistant must obtain a minimum of 18 contact hours of continuing education in the two-year licensure period. All continuing education coursework must be obtained between the effective and expiration dates of the license. Licensees who are issued licenses for a period of less than two years deleted text begin shalldeleted text end new text begin mustnew text end obtain a prorated number of contact hours required for licensure renewal based on the number of months licensed during the two-year licensure period.

deleted text begin To qualify as a continuing education activity, the activity must be a minimum of one contact hour. Contact hours must be earned and reported in increments of one contact hour or one-half contact hour after the first contact hour of each continuing education activity. One-half contact hour means an instructional session of 30 consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and social activities. deleted text end

Each licensee is responsible for financing the cost of the licensee's continuing education activities.

Subd. 2.

Standards for determining qualified continuing education activities.

new text begin To be accepted by the board, activities must be related to a licensee's current or anticipated roles and responsibilities as an occupational therapy practitioner and must directly or indirectly serve to protect the public by enhancing the licensee's continuing competence. new text end

Except as provided in subdivision 3, paragraph (d), in order to qualify as a continuing education activity, the activity must:

(1) constitute an organized program of learning;

(2) reasonably be expected to advance the knowledge and skills of the occupational therapy practitioner;

deleted text begin (3) pertain to subjects that directly relate to the practice of occupational therapy; deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end be conducted by a sponsor approved by the American Occupational Therapy Association or by individuals who have education, training, and experience by reason of which the individuals should be considered experts on the subject matter of the activity; and

deleted text begin (5)deleted text end new text begin (4)new text end be presented by a sponsor who has a mechanism to verify participation and maintains attendance records for new text begin a minimum of new text end three years.

Subd. 3.

Activities qualifying for continuing education contact hours.

(a) The activities in this subdivision qualify for continuing education contact hours if they meet all other requirements of this section.

(b) A minimum of one-half of the required contact hours must be directly related to deleted text begin thedeleted text end occupational therapy practice. The remaining contact hours may be related to occupational therapy practice, the delivery of occupational therapy services, or to the practitioner's current professional role.

(c) A licensee may obtain an unlimited number of contact hours in any two-year continuing education period through participation in the following:

(1) attendance at educational programs of annual conferences, lectures, panel discussions, workshops, in-service training, seminars, and symposiums;

(2) successful completion of college or university courses. The licensee must obtain a grade of at least a "C" or a pass in a deleted text begin pass or faildeleted text end new text begin pass/failnew text end course in order to receive deleted text begin the following continuing education credits:deleted text end new text begin credit. One college credit equals six continuing education contact hours;new text end

deleted text begin (i) one semester credit equals 14 contact hours; deleted text end

deleted text begin (ii) one trimester credit equals 12 contact hours; and deleted text end

deleted text begin (iii) one quarter credit equals ten contact hours; deleted text end

(3) successful completion of home study courses that require the participant to demonstrate the participant's knowledge following completion of the course.

(d) A licensee may obtain a maximum of deleted text begin sixdeleted text end new text begin one half of the requirednew text end contact hours in any two-year continuing education period for:

(1) teaching continuing education new text begin or occupational therapy related new text end courses that meet the requirements of this section. A licensee is entitled to earn a maximum of two contact hours as preparation time for each contact hour of presentation time. Contact hours may be claimed only once for teaching the same course in any two-year continuing education period. A course schedule or brochure must be maintained for audit;

(2) supervising occupational therapist or occupational therapy assistant students. A licensee may earn one contact hour for every eight hours of student supervision. Licensees must deleted text begin maintain a log indicating the name ofdeleted text end new text begin ensure they receive documentation regardingnew text end each student supervised and the new text begin dates and new text end hours each student was supervised. Contact hours obtained by student supervision must be obtained by supervising students from an occupational therapy education program accredited by the Accreditation Council for Occupational Therapy Education;

(3) teaching or participating in courses related to leisure activities, recreational activities, or hobbies if the practitioner uses these interventions within the practitioner's current practice or employment; and

(4) engaging in research activities or outcome studies that arenew text begin related to the practice of occupational therapy andnew text end associated with grants, postgraduate studies, or publications in professional journals or books.

(e) A licensee may obtain a maximum of two contact hours in any two-year continuing education period for continuing education activities in the following areas:

(1) personal skill topics: career burnout, communication skills, human relations, and similar topics; deleted text begin anddeleted text end

(2) training that is obtained in conjunction with a licensee's employment, occurs during a licensee's normal workday, and does not include subject matter specific to the fundamentals of occupational therapydeleted text begin .deleted text end new text begin ; andnew text end

new text begin (3) participation for a minimum of one year on a professional committee or board. new text end

Subd. 4.

Activities not qualifying for continuing education contact hours.

deleted text begin Nodeleted text end Credit deleted text begin shalldeleted text end new text begin must notnew text end be granted for the following activities: hospital rounds, entertainment or recreational activities, new text begin noneducational association meetings, and new text end employment orientation sessionsdeleted text begin , holding an office or serving as an organizational delegate, meetings for the purpose of making policy and noneducational association meetingsdeleted text end .

Subd. 5.

Reporting continuing education contact hours.

deleted text begin Within one month following licensure expiration, each licensee shall submit verification that the licensee has met the continuing education requirements of this section on the continuing education report form provided by the board. The continuing education report form may require the following information: deleted text end new text begin Each licensee must use the continuing education reporting form to verify meeting the continuing education requirements of this section. The licensee must maintain documentation, including but not limited to a signed certificate, transcript, or similar evidence of participation in an activity. The documentation must include a: new text end

(1) title of new text begin the new text end continuing education activity;

(2) brief description of the continuing education activitynew text begin prepared by the presenter or sponsornew text end ;

(3) sponsor, presenter, or author;

(4) location and attendance dates;

(5) number of contact hours; and

(6) licensee's deleted text begin notarized affirmation that the information is true and correctdeleted text end new text begin namenew text end .

Subd. 6.

Auditing continuing education reports.

(a) The board may audit a percentage of the continuing education reports based on random selection. A licensee shall maintain all documentation required by this section for two years after the last day of the biennial licensure period in which the contact hours were earned.

(b) All renewal applications that are received after the expiration date may be subject to a continuing education report audit.

(c) Any licensee against whom a complaint is filed may be subject to a continuing education report audit.

(d) The licensee shall make the following information available to the board for auditing purposes:

(1) a copy of the completed continuing education deleted text begin reportdeleted text end new text begin reportingnew text end form for the continuing education reporting period that is the subject of the audit including all supporting documentation required by subdivision 5;

deleted text begin (2) a description of the continuing education activity prepared by the presenter or sponsor that includes the course title or subject matter, date, place, number of program contact hours, presenters, and sponsors; deleted text end

deleted text begin (3) documentation of self-study programs by materials prepared by the presenter or sponsor that includes the course title, course description, name of sponsor or author, and the number of hours required to complete the program; deleted text end

deleted text begin (4)deleted text end new text begin (2)new text end documentation of university, college, or vocational school courses by a new text begin transcript and a new text end course syllabus, listing in a course bulletin, or equivalent documentation that includes the course title, instructor's name, course dates, number of contact hours, and course content, objectives, or goals; and

deleted text begin (5)deleted text end new text begin (3)new text end verification of attendance by:

(i) a signature of the presenter or a designee at the continuing education activity on the continuing education report form or a certificate of attendance with the course name, course date, and licensee's name;

(ii) a summary or outline of the educational content of an audio or video educational activity to verify the licensee's participation in the activity if a designee is not available to sign the continuing education report form;new text begin ornew text end

(iii) verification of self-study programs by a certificate of completion or other documentation indicating that the individual has demonstrated knowledge and has successfully completed the programdeleted text begin ; ordeleted text end new text begin .new text end

deleted text begin (iv) verification of attendance at a university, college, or vocational course by an official transcript. deleted text end

Subd. 7.

Waiver of continuing education requirements.

deleted text begin The board may grant a waiver of the requirements of this section in cases where the requirements would impose an extreme hardship on the licensee.deleted text end new text begin The board may waive or defer all or part of the continuing education requirements of this section if the licensee submits a written request and provides satisfactory evidence to the board of illness, injury, financial hardship, family hardship, or other similar extenuating circumstances that preclude completion of the requirements during the licensure period.new text end The request for a waiver must be in writing, state the circumstances that constitute deleted text begin extremedeleted text end hardship, state the period of time the licensee wishes to have the continuing education requirement waived, and state the alternative measures that will be taken if a waiver is granted. The board deleted text begin shalldeleted text end new text begin mustnew text end set forth, in writing, the reasons for granting or denying the waiver. Waivers granted by the board deleted text begin shalldeleted text end new text begin mustnew text end specify, in writing, the time limitation and required alternative measures to be taken by the licensee. A request for waiver deleted text begin shalldeleted text end new text begin mustnew text end be denied if the board finds that the circumstances stated by the licensee do not support a claim of deleted text begin extremedeleted text end hardship, the requested time period for waiver is unreasonable, the alternative measures proposed by the licensee are not equivalent to the continuing education activity being waived, or the request for waiver is not submitted to the board within 60 new text begin calendar new text end days deleted text begin afterdeleted text end new text begin ofnew text end the expiration date.

Subd. 8.

Penalties for noncompliance.

The board shall refuse to renew or grant, or shall suspend, condition, limit, or qualify the license of any person who the board determines has failed to comply with the continuing education requirements of this section. A licensee may request reconsideration of the board's determination of noncompliance or the penalty imposed under this section by making a written request to the board within 30 new text begin calendar new text end days of the date of notification to the applicant. Individuals requesting reconsideration may submit information that the licensee wants considered in the reconsideration.

Sec. 22.

Minnesota Statutes 2018, section 148.6445, subdivision 11, is amended to read:

Subd. 11.

Penalty fees.

(a) The penalty fee for practicing occupational therapy or using protected titles 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 or use protected titles 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) deleted text begin The penalty fee for practicing occupational therapy and failingdeleted text end new text begin When an occupational therapy practitioner failsnew text end to submit anew text begin requestednew text end continuing education report by the due date with the correct number or type of hours in the correct time period deleted text begin is $100 plus $20 for each missing clock hour.deleted text end new text begin the practitioner must pay either: (1) a $100 penalty fee and complete the missing contact hours within 30 calendar days from the date of the penalty fee notice; or (2) a $100 penalty fee and $20 for each missing contact hour, and complete the missing number of contact hours by the next reporting due date.new text end "Missing" means not obtained between the effective and expiration dates of the licensedeleted text begin , the one-month period following the license expiration date, or the 30 days following notice of a penalty fee for failing to report all continuing education hours. The licensee must obtain the missing number of continuing education hours by the next reporting due datedeleted text end .

(d) Civil penalties and discipline incurred by licensees deleted text begin prior to August 1, 2005,deleted text end for conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty fees. For conduct described in paragraph (a) or (b) deleted text begin occurring after August 1, 2005, anddeleted text end exceeding six months, payment of a penalty fee does not preclude any disciplinary action reasonably justified by the individual case.

Sec. 23.

Minnesota Statutes 2019 Supplement, section 148.6448, subdivision 1, is amended to read:

Subdivision 1.

Grounds for denial of licensure or discipline.

The board may deny an application for licensure, may approve licensure with conditions, or may discipline a licensee using any disciplinary actions listed in subdivision 3 on proof that the individual has:

(1) intentionally submitted false or misleading information to the board;

(2) failed, within 30 days, to provide information in response to a written request by the board;

(3) performed services of an occupational therapist or occupational therapy assistant in an incompetent manner or in a manner that falls below the community standard of care;

(4) failed to satisfactorily perform occupational therapy services during a period of temporary licensure;

(5) violated sections 148.6401 to 148.6449;

(6) failed to perform services with reasonable judgment, skill, or safety due to the use of alcohol or drugs, or other physical or mental impairment;

(7) been convicted of violating any state or federal law, rule, or regulation which directly relates to the practice of occupational therapy;

(8) aided or abetted another person in violating any provision of sections 148.6401 to 148.6449;

(9) been disciplined for conduct in the practice of an occupation by the state of Minnesota, another jurisdiction, or a national professional association, if any of the grounds for discipline are the same or substantially equivalent to those in sections 148.6401 to 148.6449;

(10) not cooperated with the board in an investigation conducted according to subdivision 2;

(11) advertised in a manner that is false or misleading;

(12) engaged in dishonest, unethical, or unprofessional conduct in connection with the practice of occupational therapy that is likely to deceive, defraud, or harm the public;

(13) demonstrated a willful or careless disregard for the health, welfare, or safety of a client;

(14) performed medical diagnosis or provided deleted text begin treatmentdeleted text end new text begin interventionnew text end , other than occupational therapy, without being licensed to do so under the laws of this state;

(15) paid or promised to pay a commission or part of a fee to any person who contacts the occupational therapist for consultation or sends patients to the occupational therapist for deleted text begin treatmentdeleted text end new text begin interventionnew text end ;

(16) engaged in an incentive payment arrangement, other than that prohibited by clause (15), that promotes occupational therapy overutilization, whereby the referring person or person who controls the availability of occupational therapy services to a client profits unreasonably as a result of client deleted text begin treatmentdeleted text end new text begin interventionnew text end ;

(17) 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;

(18) obtained money, property, or services from a consumer through the use of undue influence, high pressure sales tactics, harassment, duress, deception, or fraud;

(19) performed services for a client who had no possibility of benefiting from the services;

(20) failed to refer a client for medical evaluation when appropriate or when a client indicated symptoms associated with diseases that could be medically or surgically treated;

(21) engaged in conduct with a client that is sexual or may reasonably be interpreted by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient;

(22) violated a federal or state court order, including a conciliation court judgment, or a disciplinary order issued by the board, related to the person's occupational therapy practice; or

(23) any other just cause related to the practice of occupational therapy.

Sec. 24.

Minnesota Statutes 2018, section 148.6448, subdivision 2, is amended to read:

Subd. 2.

Investigation of complaints.

The board may initiate an investigation upon receiving a complaint or other oral or written communication that alleges or implies that a person has violated sections 148.6401 to 148.6449. In the receipt, investigation, and hearing of a complaint that alleges or implies a person has violated sections 148.6401 to 148.6449, the board deleted text begin shalldeleted text end new text begin mustnew text end follow the procedures in deleted text begin sectiondeleted text end new text begin sectionsnew text end 214.10new text begin and 214.103new text end .

Sec. 25.

Minnesota Statutes 2018, section 148.6449, subdivision 2, is amended to read:

Subd. 2.

Qualifications of board members.

(a) The occupational therapy practitioners appointed to the board must represent a variety of practice areas and settings.

(b) At least two occupational therapy practitioners must be employed outside the seven-county metropolitan area.

(c) Board members deleted text begin shalldeleted text end new text begin must notnew text end serve for deleted text begin notdeleted text end more than two new text begin full new text end consecutive terms.

Sec. 26.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, sections 148.6402, subdivisions 10 and 15; and 148.6412, subdivision 1, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Rules, part 4664.0003, subpart 28, new text end new text begin is repealed. new text end

ARTICLE 3

BOARD OF SOCIAL WORK PRACTICE

Section 1.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Baccalaureate degree. new text end

new text begin "Baccalaureate degree" means a bachelor's 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 that the board designates. new text end

Sec. 2.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision to read:

new text begin Subd. 7b. new text end

new text begin Clock hour. new text end

new text begin "Clock hour" means 60 minutes of learning. new text end

Sec. 3.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision to read:

new text begin Subd. 7c. new text end

new text begin Continuing education. new text end

new text begin "Continuing education" means education and training to maintain, improve, or enhance competent social work practice. new text end

Sec. 4.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision to read:

new text begin Subd. 7d. new text end

new text begin Continuing education independent learning. new text end

new text begin "Continuing education independent learning" means a licensee's individual study, including but not limited to online activities without live interaction, research for publication, presentations, or professional development. new text end

Sec. 5.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision to read:

new text begin Subd. 7e. new text end

new text begin Continuing education social work ethics. new text end

new text begin "Continuing education social work ethics" means: new text end

new text begin (1) the history and evolution of values and ethics in social work, including cultural awareness and social diversity; new text end

new text begin (2) ethics theories; new text end

new text begin (3) professional standards of social work practice, as specified in the ethical codes of the National Association of Social Workers, the Association of Canadian Social Workers, the Clinical Social Work Federation, and the Council on Social Work Education; new text end

new text begin (4) the legal requirements and other considerations for each jurisdiction that registers, certifies, or licenses social workers; or new text end

new text begin (5) the ethical decision-making process. new text end

Sec. 6.

Minnesota Statutes 2018, section 148E.010, subdivision 9, is amended to read:

Subd. 9.

Intern.

"Intern" means a student in field placement working under the supervision deleted text begin or directiondeleted text end of a social workernew text begin to fulfill the requirements of a program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accreditation body that the board designatesnew text end .

Sec. 7.

Minnesota Statutes 2018, section 148E.010, subdivision 11, is amended to read:

Subd. 11.

Practice of social work.

(a) "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 paragraph (b), 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. Practice of social work also means providing social work services in a position for which the educational basis is the individual's degree in social work described in subdivision 13.

(b) 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 problemsnew text begin and macrocosm issuesnew text end 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 148E.100 to 148E.125; and

(vii) teaching professional social work knowledge, skills, and values to students; and

(3) engaging in clinical practicenew text begin as defined in subdivision 6new text end .

Sec. 8.

Minnesota Statutes 2018, section 148E.010, subdivision 16, is amended to read:

Subd. 16.

Student.

"Student" means an individual who is deleted text begin taughtdeleted text end new text begin currently enrolled 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 that the board designates and who studies new text end professional social work knowledge, skills, and values deleted text begin 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 boarddeleted text end .

Sec. 9.

Minnesota Statutes 2018, section 148E.010, subdivision 17, is amended to read:

Subd. 17.

Supervisee.

"Supervisee" means an individual deleted text begin provideddeleted text end new text begin who receives new text end evaluation and supervision or directionnew text begin of the supervisee's social work practice through supervision in order to comply with sections 148E.100 to 148E.125new text end by an individual who meets the requirements under section 148E.120.

Sec. 10.

Minnesota Statutes 2018, section 148E.010, subdivision 18, is amended to read:

Subd. 18.

Supervision.

"Supervision" means a professional relationship between a supervisor and a deleted text begin social workerdeleted text end new text begin superviseenew text end in which the supervisor deleted text begin 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 valuesdeleted text end new text begin evaluates and directs the supervisee's social work practice. A supervisor's role is to promote a supervisee's continued development of the supervisee's knowledge, skills, and abilities to practice social work in an ethical and competent mannernew text end .

Sec. 11.

Minnesota Statutes 2018, section 148E.010, subdivision 19, is amended to read:

Subd. 19.

Supervisor.

"Supervisor" means an individual who deleted text begin providesdeleted text end new text begin meets the requirements of section 148E.120 to providenew text end evaluation and direction through supervision as described in subdivision 18 in order to comply with sections 148E.100 to 148E.125.

Sec. 12.

Minnesota Statutes 2018, section 148E.010, is amended by adding a subdivision to read:

new text begin Subd. 20. new text end

new text begin Underrepresented community. new text end

new text begin "Underrepresented community" means a group that is not represented in the majority with respect to race, ethnicity, national origin, sexual orientation, gender identity, or physical ability. new text end

Sec. 13.

Minnesota Statutes 2018, section 148E.015, is amended to read:

148E.015 SCOPE.

This chapter applies to all applicants and licensees, all persons who use the title social worker, and all persons deleted text begin in or out of this state who provide social work services to clients who residedeleted text end new text begin who engage in the practice of social work, as defined in section 148E.010,new text end in this statenew text begin , regardless of the practitioner's or client's location,new text end unless there are specific applicable exemptions provided by law.

Sec. 14.

Minnesota Statutes 2018, section 148E.025, subdivision 2, is amended to read:

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.

deleted text begin (b) Five social worker members must be licensed social workers under section 148E.055, subdivision 2. The other five members must include a licensed graduate social worker, a licensed independent social worker, and at least two licensed independent clinical social workers. deleted text end

new text begin (b) The ten social worker members must include at least: new text end

new text begin (1) three licensed social workers; new text end

new text begin (2) two licensed independent clinical social workers; and new text end

new text begin (3) two licensed graduate social workers or licensed independent social workers. new text end

(c) deleted text begin Eightdeleted text end new text begin Fivenew text end 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 new text begin either new text end a county new text begin or state new text end agency;

deleted text begin (2) one member must be engaged in the practice of social work in a state agency; deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end one member must be engaged in the practice of social work in an elementary, middle, or secondary school;

deleted text begin (4)deleted text end new text begin (3)new text end one member must be deleted text begin employed in a hospital or nursing home licensed under chapter 144 or 144Adeleted text end new text begin engaged in the practice of social work in a health care settingnew text end ;

deleted text begin (5)deleted text end new text begin (4)new text end one member must be engaged in the practice of social work in a private deleted text begin agencydeleted text end new text begin settingnew text end ;new text begin andnew text end

deleted text begin (6) two members must be engaged in the practice of social work in a clinical social work setting; and deleted text end

deleted text begin (7)deleted text end new text begin (5)new text end 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 deleted text begin designated bydeleted text end new text begin that new text end the boardnew text begin designatesnew text end .

(d) At the time of their appointments, at least six members must reside outside of the 11-county metropolitan area.

(e) At the time of their appointments, at least five members must be deleted text begin persons with expertise in communities of color.deleted text end new text begin members of:new text end

new text begin (1) a community of color; or new text end

new text begin (2) an underrepresented community, as defined in section 148E.010, subdivision 20. new text end

Sec. 15.

Minnesota Statutes 2018, section 148E.055, subdivision 1, is amended to read:

Subdivision 1.

License required.

deleted text begin (a)deleted text end In order to practice social work, new text begin as defined in section 148E.010, subdivisions 6 and 11, new text end an individual must have a social work license under this section or section 148E.060, except when the individual is exempt from licensure according to section 148E.065.

deleted text begin (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 accrediting body designated by the board must have a social work license under this section or section 148E.060, except when the individual is exempt from licensure according to section 148E.065. deleted text end

deleted text begin (c) Effective July 1, 2016, an individual who is newly employed by a city or state agency or a private nonprofit, nontribal agency previously exempt from licensure under Minnesota Statutes 2010, section 148D.065, subdivision 5, and section 148E.065, subdivision 5, must be licensed if: deleted text end

deleted text begin (1) the individual is presented to the public by any title incorporating the words "social work" or "social worker"; or deleted text end

deleted text begin (2) the individual has 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 accrediting body designated by the board, and the individual provides social work services, including clinical social work services, as those services are defined in section 148E.010, subdivisions 6 and 11. deleted text end

Sec. 16.

Minnesota Statutes 2018, section 148E.055, subdivision 2, is amended to read:

Subd. 2.

Qualifications for licensure by examination as a licensed social workernew text begin (LSW)new text end .

deleted text begin (a)deleted text end 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 deleted text begin designated by the board, or a doctorate in social work from an accredited universitydeleted text end new text begin that the board designatesnew text end ;

(2) has passed the bachelor's or equivalent examination administered by the Association of Social Work Boards or a similar examination body deleted text begin designated by the boarddeleted text end new text begin that the board designatesnew text end . deleted text begin Unless an applicant applies for licensure by endorsement according to subdivision 7,deleted text end An examination is not valid if deleted text begin it was takendeleted text end new text begin the applicant tooknew text end and passed new text begin the examination new text end eight or more years prior to submitting deleted text begin a completed, signeddeleted text end new text begin annew text end application deleted text begin form provided by the boarddeleted text end new text begin for licensure under this sectionnew text end . new text begin An applicant must take new text end the examination deleted text begin may be takendeleted text end new text begin no more than six months new text end prior to completing degree requirements;

(3) has submitted a completed, signed application form new text begin that the board has new text end provided deleted text begin by the board, including the applicable application fee specified in section 148E.180deleted text end . For new text begin electronic new text end applications deleted text begin submitted electronicallydeleted text end , a "signed application" means providing an attestation deleted text begin as specified by the boarddeleted text end new text begin that the board has specifiednew text end ;

(4) has deleted text begin submitteddeleted text end new text begin completednew text end the criminal background check deleted text begin fee and a form provided by the board authorizing a criminal background check according to subdivision 8deleted text end new text begin according to section 214.075 and paid the required feesnew text end ;

(5) has paid deleted text begin thedeleted text end new text begin allnew text end applicable deleted text begin license feedeleted text end new text begin feesnew text end specified in section 148E.180; and

(6) has not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270.

deleted text begin (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. deleted text end

deleted text begin (c) A licensee granted a license by the board according to paragraph (a) must meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice requirements, the board may take action according to sections 148E.255 to 148E.270. deleted text end

deleted text begin (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. deleted text end

deleted text begin (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 according 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. deleted text end

deleted text begin (f) Except as provided in paragraph (g), an applicant may not take more than three times the bachelor's 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 bachelor's 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. deleted text end

deleted text begin (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a fourth or subsequent time, the bachelor's or equivalent examination administered by the Association of Social Work Boards or a similar examination body designated by the board if the applicant: deleted text end

deleted text begin (1) meets all requirements specified in paragraphs (a) to (e) other than passing the bachelor's or equivalent examination administered by the Association of Social Work Boards or a similar examination body designated by the board; deleted text end

deleted text begin (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 deleted text end

deleted text begin (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 according to professional social work knowledge, skills, and values. deleted text end

deleted text begin (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 148E.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 bachelor's 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. deleted text end

Sec. 17.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Qualifications for licensure by endorsement as a licensed social worker (LSW). new text end

new text begin (a) To be licensed as a licensed social worker, an applicant for licensure by endorsement must provide evidence satisfactory to the board that the applicant: new text end

new text begin (1) holds an active license or credential as a baccalaureate-level social worker in another jurisdiction; new text end

new text begin (2) holds a bachelor's degree from an accredited college or university; new text end

new text begin (3) has submitted a completed, signed application form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified; new text end

new text begin (4) has completed the criminal background check according to section 214.075 and paid the required fees; new text end

new text begin (5) has not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270; and new text end

new text begin (6) has paid all applicable fees specified in section 148E.180. new text end

new text begin (b) An individual licensed under this subdivision is not required to meet the supervised practice requirements in section 148E.100 provided that the applicant has practiced baccalaureate-level social work in another jurisdiction for at least 4,000 hours while actively licensed or credentialed as a baccalaureate-level social worker during the four years immediately preceding the applicant's submission of an application under this subdivision. new text end

Sec. 18.

Minnesota Statutes 2018, section 148E.055, subdivision 3, is amended to read:

Subd. 3.

Qualifications for licensure by examination as new text begin a new text end licensed graduate social workernew text begin (LGSW)new text end .

deleted text begin (a)deleted text end 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 deleted text begin designated by the boarddeleted text end new text begin that the board designatesnew text end , or a doctorate in social work from an accredited university;

(2) has passed the master's or equivalent examination administered by the Association of Social Work Boards or a similar examination body deleted text begin designated by the boarddeleted text end new text begin that the board designatesnew text end . deleted text begin Unless an applicant applies for licensure by endorsement according to section 148E.055, subdivision 7,deleted text end An examination is not valid if deleted text begin it was takendeleted text end new text begin the applicant tooknew text end and passed new text begin the examination new text end eight or more years prior to submitting deleted text begin a completed, signeddeleted text end new text begin annew text end application deleted text begin form provided by the boarddeleted text end new text begin for licensure under this sectionnew text end . The new text begin applicant must take the new text end examination deleted text begin may be takendeleted text end new text begin no more than six months new text end prior to completing degree requirements;

(3) has submitted a completed, signed application form new text begin that the board has new text end provided deleted text begin by the board, including the applicable application fee specified in section 148E.180deleted text end . For new text begin electronic new text end applications deleted text begin submitted electronicallydeleted text end , a "signed application" means providing an attestation deleted text begin as specified by the boarddeleted text end new text begin that the board has specifiednew text end ;

(4) has deleted text begin submitteddeleted text end new text begin completednew text end the criminal background check deleted text begin fee and a form provided by the board authorizing a criminal background check according to subdivision 8deleted text end new text begin according to section 214.075 and paid the required feesnew text end ;

(5) has paid deleted text begin thedeleted text end new text begin allnew text end applicable deleted text begin license feedeleted text end new text begin feesnew text end specified in section 148E.180; and

(6) has not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270.

deleted text begin (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. deleted text end

deleted text begin (c) A licensee granted a license by the board according to paragraph (a) must meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice requirements, the board may take action according to sections 148E.255 to 148E.270. deleted text end

deleted text begin (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. deleted text end

deleted text begin (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 according 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. deleted text end

deleted text begin (f) Except as provided in paragraph (g), an applicant may not take more than three times the master's 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 master's 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. deleted text end

deleted text begin (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a fourth or subsequent time, the master's or equivalent examination administered by the Association of Social Work Boards or a similar examination body designated by the board if the applicant: deleted text end

deleted text begin (1) meets all requirements specified in paragraphs (a) to (e) other than passing the master's or equivalent examination administered by the Association of Social Work Boards or a similar examination body designated by the board; deleted text end

deleted text begin (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 deleted text end

deleted text begin (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 according to professional social work knowledge, skills, and values. deleted text end

deleted text begin (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 148E.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 master's 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. deleted text end

Sec. 19.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Qualifications for licensure by endorsement as a licensed graduate social worker (LGSW). new text end

new text begin (a) To be licensed as a licensed graduate social worker, an applicant for licensure by endorsement must provide evidence satisfactory to the board that the applicant: new text end

new text begin (1) holds an active license or credential as a graduate or master's level social worker in another jurisdiction; new text end

new text begin (2) holds a master's degree from an accredited college or university; new text end

new text begin (3) has submitted a completed, signed application form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified; new text end

new text begin (4) has completed the criminal background check according to section 214.075 and paid the required fees; new text end

new text begin (5) has not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270; and new text end

new text begin (6) has paid all applicable fees specified in section 148E.180. new text end

new text begin (b) An individual licensed under this subdivision is not required to meet the supervised practice requirements in section 148E.105 provided that the applicant has practiced nonclinical graduate or master's level social work in another jurisdiction for at least 4,000 hours while actively licensed or credentialed as a graduate or master's level social worker during the four years immediately preceding submission of an application under this subdivision. new text end

new text begin (c) An individual licensed under this subdivision engaged in clinical social work practice must comply with the supervised practice requirements in section 148E.106. new text end

Sec. 20.

Minnesota Statutes 2018, section 148E.055, subdivision 4, is amended to read:

Subd. 4.

new text begin Qualifications for new text end licensure by examinationdeleted text begin ;deleted text end new text begin as anew text end licensed independent social workernew text begin (LISW)new text end .

deleted text begin (a)deleted text end 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 deleted text begin designated by the boarddeleted text end new text begin that the board designatesnew text end , or a doctorate in social work from an accredited university;

(2) has practiced social work as defined in section 148E.010, and has met the supervised practice requirements specified in sections 148E.100 to 148E.125;

(3) has passed the advanced generalist or equivalent examination administered by the Association of Social Work Boards or a similar examination body deleted text begin designated by the boarddeleted text end new text begin that the board designatesnew text end . deleted text begin Unless an applicant applies for licensure by endorsement according to subdivision 7,deleted text end An examination is not valid if deleted text begin it was takendeleted text end new text begin the applicant tooknew text end and passed new text begin the examination new text end eight or more years prior to submitting deleted text begin a completed, signeddeleted text end new text begin annew text end application deleted text begin form provided by the boarddeleted text end new text begin for licensure under this sectionnew text end ;

(4) has submitted a completed, signed application form deleted text begin provided by the board, including the applicable application fee specified in section 148E.180deleted text end new text begin that the board has providednew text end . For new text begin electronic new text end applications deleted text begin submitted electronicallydeleted text end , a "signed application" means providing an attestation deleted text begin as specified by the boarddeleted text end new text begin that the board has specifiednew text end ;

(5) has deleted text begin submitteddeleted text end new text begin completednew text end the criminal background check deleted text begin fee and a form provided by the board authorizing a criminal background check according to subdivision 8deleted text end new text begin according to section 214.075 and paid the required feesnew text end ;

(6) has paid deleted text begin thedeleted text end new text begin allnew text end applicable deleted text begin license feedeleted text end new text begin feesnew text end specified in section 148E.180; and

(7) has not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270.

deleted text begin (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. deleted text end

deleted text begin (c) A licensed independent social worker who practices clinical social work must meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice requirements, the board may take action according to sections 148E.255 to 148E.270. deleted text end

deleted text begin (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. deleted text end

deleted text begin (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 according 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. deleted text end

deleted text begin (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 master's 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. deleted text end

deleted text begin (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: deleted text end

deleted text begin (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; deleted text end

deleted text begin (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 deleted text end

deleted text begin (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 according to professional social work knowledge, skills, and values. deleted text end

deleted text begin (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 148E.060. If the board has reason to believe that an applicant may be practicing social work without a license, except as provided in section 148E.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. deleted text end

Sec. 21.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Qualifications for licensure by endorsement as a licensed independent social worker (LISW). new text end

new text begin (a) To be licensed as a licensed independent social worker, an applicant for licensure by endorsement must provide evidence satisfactory to the board that the applicant: new text end

new text begin (1) holds an active license or credential as an advanced practice graduate or master's level social worker in another jurisdiction; new text end

new text begin (2) holds a master's degree from an accredited college or university; new text end

new text begin (3) has submitted a completed, signed application form that the board provided. For electronic applications, a "signed application" means providing an attestation that the board has specified; new text end

new text begin (4) has completed the criminal background check according to section 214.075 and paid the required fees; new text end

new text begin (5) has not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270; and new text end

new text begin (6) has paid all applicable fees specified in section 148E.180. new text end

new text begin (b) An individual licensed under this subdivision engaged in clinical social work practice must comply with the supervised practice requirements in section 148E.110. new text end

Sec. 22.

Minnesota Statutes 2018, section 148E.055, subdivision 5, is amended to read:

Subd. 5.

new text begin Qualifications for new text end licensure by examinationdeleted text begin ;deleted text end new text begin as anew text end licensed independent clinical social workernew text begin (LICSW)new text end .

(a) 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 deleted text begin designated by the boarddeleted text end new text begin that the board designatesnew text end , or a doctorate in social work from an accredited university;

(2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in the following clinical knowledge areas:

(i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial assessment, including normative development and psychopathology across the life span;

(ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with measurable goals;

(iii) 108 clock hours (30 percent) in clinical intervention methods informed by research and current standards of practice;

(iv) 18 clock hours (five percent) in evaluation methodologies;

(v) 72 clock hours (20 percent) in social work values and ethics, including cultural context, diversity, and social policy; and

(vi) 18 clock hours (five percent) in culturally specific clinical assessment and intervention;

(3) has practiced clinical social work as defined in section 148E.010, including both diagnosis and treatment, and has met the supervised practice requirements specified in sections 148E.100 to 148E.125;

(4) has passed the clinical or equivalent examination administered by the Association of Social Work Boards or a similar examination body deleted text begin designated by the boarddeleted text end new text begin that the board designatesnew text end . deleted text begin Unless an applicant applies for licensure by endorsement according to subdivision 7,deleted text end An examination is not valid if deleted text begin it was takendeleted text end new text begin the applicant tooknew text end and passed new text begin the examination new text end eight or more years prior to submitting deleted text begin a completed, signeddeleted text end new text begin annew text end application deleted text begin form provided by the boarddeleted text end new text begin for licensure under this sectionnew text end ;

(5) has submitted a completed, signed application form new text begin that the board has new text end provided deleted text begin by the board, including the applicable application fee specified in section 148E.180deleted text end . Fornew text begin electronicnew text end applications deleted text begin submitted electronicallydeleted text end , a "signed application" means providing an attestation deleted text begin as specified by the boarddeleted text end new text begin that the board has specifiednew text end ;

(6) has deleted text begin submitteddeleted text end new text begin completednew text end the criminal background check deleted text begin fee and a form provided by the board authorizing a criminal background check according to subdivision 8deleted text end new text begin according to section 214.075 and paid the required feesnew text end ;

(7) has paid deleted text begin thedeleted text end new text begin all applicablenew text end license deleted text begin feedeleted text end new text begin feesnew text end specified in section 148E.180; and

(8) has not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270.

(b) The requirement in paragraph (a), clause (2), may be satisfied through:

(1) a graduate degree program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accreditation body deleted text begin designated by the boarddeleted text end new text begin that the board designatesnew text end ; or a doctorate in social work from an accredited universitynew text begin . An academic institution must certify clinical clock hours in the clinical knowledge areas on a form that the board has provided to meet this requirementnew text end ;

(2) graduate coursework from an accredited institution of higher learningnew text begin . An academic institution must certify clinical clock hours in the clinical knowledge areas on a form that the board has provided to meet this requirementnew text end ; or

(3) up to deleted text begin 90deleted text end new text begin 120new text end continuing education hours, deleted text begin not to exceed 20 hours of independent studydeleted text end new text begin which the applicant may complete via continuing education independent learningnew text end as deleted text begin specifieddeleted text end new text begin definednew text end in section deleted text begin 148E.130, subdivision 5deleted text end new text begin 148E.010, subdivision 7dnew text end . deleted text begin The continuing education must have a course description available for public review and must include a posttest. Compliance with this requirement must be documented on a form provided by the board. The board may conduct audits of the information submitted in order to determine compliance with the requirements of this section.deleted text end new text begin The applicant must include documents verifying completion of clinical clock hours in the clinical knowledge areas to meet this requirement as specified in section 148E.130, subdivision 11.new text end

deleted text begin (c) 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. deleted text end

deleted text begin (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. deleted text end

deleted text begin (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 according 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. deleted text end

deleted text begin (f) Except as provided in paragraph (g), 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. deleted text end

deleted text begin (g) Notwithstanding paragraph (f), 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: deleted text end

deleted text begin (1) meets all requirements specified in paragraphs (a) to (e) 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; deleted text end

deleted text begin (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 deleted text end

deleted text begin (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 according to professional social work knowledge, skills, and values. deleted text end

deleted text begin (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 148E.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. deleted text end

Sec. 23.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Qualifications for licensure by endorsement as a licensed independent clinical social worker (LICSW). new text end

new text begin To be licensed as a licensed independent clinical social worker, an applicant for licensure by endorsement must provide evidence satisfactory to the board that the applicant: new text end

new text begin (1) holds an active license or credential as an independent clinical level social worker in another jurisdiction; new text end

new text begin (2) holds a master's degree from an accredited college or university; new text end

new text begin (3) has submitted a completed, signed application form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified; new text end

new text begin (4) has completed the criminal background check according to section 214.075 and paid the required fees; new text end

new text begin (5) has not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270; and new text end

new text begin (6) has paid all applicable fees specified in section 148E.180. new text end

Sec. 24.

Minnesota Statutes 2018, section 148E.055, subdivision 6, is amended to read:

Subd. 6.

Degrees from outside 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, deleted text begin paragraph (a),deleted text end clause (1); 3, deleted text begin paragraph (a),deleted text end clause (1); 4, deleted text begin paragraph (a),deleted text end 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.

Sec. 25.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision to read:

new text begin Subd. 8a. new text end

new text begin Void application. new text end

new text begin An application that is not completed and signed, or that is not accompanied by the correct fee, is void and the board must return it to the applicant, along with any fee submitted. new text end

Sec. 26.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision to read:

new text begin Subd. 8b. new text end

new text begin Investigation. new text end

new text begin By applying for licensure, an applicant authorizes the board to investigate and request additional information to verify completion of all license qualifications. new text end

Sec. 27.

Minnesota Statutes 2018, section 148E.055, is amended by adding a subdivision to read:

new text begin Subd. 8c. new text end

new text begin Application time limit. new text end

new text begin (a) Within one year of the date that the board receives an application for licensure under this section, the applicant must meet all the requirements for licensure and provide all of the information that the board has requested, or the application must be closed. new text end

new text begin (b) If an applicant graduated from a program in candidacy status with the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body that the board designates, the applicant must meet all of the requirements for licensure and provide all of the information requested within one year of the date that the board receives an application for licensure under this section or within 30 days of the date the program is approved or denied accreditation, whichever is later, or the application must be closed. new text end

Sec. 28.

Minnesota Statutes 2018, section 148E.055, subdivision 9, is amended to read:

Subd. 9.

Effective date.

deleted text begin Thedeleted text end new text begin An initial license isnew text end effective deleted text begin date of an initial license isdeleted text end new text begin onnew text end the day deleted text begin on whichdeleted text end new text begin that new text end the board receives the applicable license fee from an applicant approved for licensure.

Sec. 29.

Minnesota Statutes 2018, section 148E.055, subdivision 10, is amended to read:

Subd. 10.

Expiration date.

deleted text begin The expiration date of an initial license isdeleted text end new text begin An initial license expires onnew text end the last day of the licensee's birth month in the second calendar year following the effective date of the initial license.

Sec. 30.

Minnesota Statutes 2018, section 148E.055, subdivision 11, is amended to read:

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 deleted text begin effective date of thedeleted text end new license is new text begin effective on new text end the day deleted text begin on whichdeleted text end new text begin thatnew text end the board receives the applicable license fee from an applicant approved for the new license.

(c) The deleted text begin expiration date of thedeleted text end new license deleted text begin isdeleted text end new text begin expires onnew text end the same new text begin expiration new text end date as deleted text begin the expiration date ofdeleted text end the license new text begin previously new text end held by the licensee prior to the change in the license.

Sec. 31.

Minnesota Statutes 2018, section 148E.060, subdivision 1, is amended to read:

Subdivision 1.

Students deleted text begin and otherdeleted text end new text begin ornew text end persons not currently licensed in another jurisdiction.

(a) deleted text begin The board may issuedeleted text end new text begin To be issuednew text end a temporary license to practice social work deleted text begin todeleted text end new text begin ,new text end an applicant who is new text begin a student as defined in section 148E.010 or a person new text end not licensed or credentialed to practice social work in any jurisdiction deleted text begin but hasdeleted text end new text begin must provide evidence satisfactory to the board that the applicantnew text end :

(1) deleted text begin applieddeleted text end new text begin has submitted a current applicationnew text end for a license under section 148E.055;

deleted text begin (2) applied for a temporary license on a form provided by the board; deleted text end

deleted text begin (3) submitted a form provided by the board authorizing the board to complete a criminal background check; deleted text end

new text begin (2) has submitted the required fees and documentation for the criminal background check according to section 214.075; new text end

deleted text begin (4)deleted text end new text begin (3) hasnew text end passed the applicable licensure examination deleted text begin provided fordeleted text end new text begin requirednew text end in section 148E.055;

new text begin (4) has completed all 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 accrediting body that the board designates, or a doctorate in social work from an accredited university, including all coursework and internships required to obtain the degree; new text end

deleted text begin (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 accrediting body designated by the board, or a doctorate in social work from an accredited university; and deleted text end

new text begin (5) has submitted a completed, signed temporary license application form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified; new text end

new text begin (6) has paid the fee specified in section 148E.180; and new text end

deleted text begin (6)deleted text end new text begin (7) hasnew text end not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license is effective on the day that the board receives the application and fee or on the date that all requirements are complete as specified in this subdivision, whichever date is later. new text end

deleted text begin (b)deleted text end new text begin (c)new text end A temporary license issued under this subdivision expires deleted text begin afterdeleted text end new text begin on the last day of the monthnew text end six monthsnew text begin from the effective date or when a license is issued under section 148E.055, whichever date is earlier. A temporary license is nonrenewablenew text end .

new text begin (d) In all professional use of the social worker's name, an individual with a baccalaureate or graduate temporary license must represent themselves as a temporary license baccalaureate social worker or temporary license graduate social worker. An individual with a baccalaureate or graduate temporary license must not use the credentials LSW, LGSW, LISW, or LICSW until the individual is issued a license under section 148E.055. new text end

new text begin (e) An individual issued a baccalaureate temporary license under this subdivision is authorized to practice social work as described in section 148E.050, subdivision 2. An individual issued a graduate temporary license under this subdivision is authorized to practice social work as described in section 148E.050, subdivision 3. new text end

new text begin (f) An individual issued a temporary license under this subdivision must obtain supervision in compliance with sections 148E.100 to 148E.125. Supervised practice obtained with a temporary license applies to the supervised practice requirements for a license issued under section 148E.055. new text end

new text begin (g) An individual issued a temporary license under this subdivision may complete continuing education in compliance with the requirements of section 148E.130. Continuing education obtained with a temporary license may be applied to the continuing education requirements of a license issued under section 148E.055. new text end

Sec. 32.

Minnesota Statutes 2018, section 148E.060, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Emergency situations anddeleted text end Persons currently licensed in another jurisdiction.

(a) deleted text begin The board may issuedeleted text end new text begin To be issuednew text end a temporary license to practice social work deleted text begin todeleted text end new text begin ,new text end an applicant who is licensed or credentialed to practice social work in another jurisdictiondeleted text begin , may or may not have applied for a license under section 148E.055, and hasdeleted text end new text begin must provide evidence satisfactory to the board that the applicantnew text end :

(1) deleted text begin applied for a temporary license on a form provided by the boarddeleted text end new text begin holds an active license or credential to practice social work in another jurisdictionnew text end ;

(2) deleted text begin submitted a form provided by the board authorizing the board to complete a criminal background checkdeleted text end new text begin has completed the criminal background check according to section 214.075 and submitted the required feesnew text end ;

(3) deleted text begin submitted evidence satisfactory to the board that the applicant is currently licensed or credentialed to practice social work in another jurisdictiondeleted text end new text begin has submitted a completed, signed temporary license application form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specifiednew text end ;

(4) deleted text begin 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 accrediting body designated by the board, or a doctorate in social work from an accredited universitydeleted text end new text begin has paid the fee specified in section 148E.180new text end ; and

(5) new text begin has new text end not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270.

(b) A temporary license deleted text begin issued under this subdivision expires after six monthsdeleted text end new text begin is effective on the day that the board receives the application and fee or on the date that all requirements are complete as specified in this subdivision, whichever date is laternew text end .

new text begin (c) A temporary license issued under this subdivision expires on the last day of the month six months from the effective date or when a license is issued under section 148E.055, whichever date is earlier. A temporary license in nonrenewable. new text end

new text begin (d) The board may not issue a temporary license to an individual more than one time in a 12-month period under this subdivision. new text end

new text begin (e) In all professional use of the social worker's name, an individual with a baccalaureate or graduate temporary license must represent themselves as a Temporary License Baccalaureate Social Worker or Temporary License Graduate Social Worker. An individual with a baccalaureate or graduate temporary license must not use the credentials LSW, LGSW, LISW, or LICSW until the individual is issued a license under section 148E.055. new text end

new text begin (f) An individual issued a baccalaureate temporary license under this subdivision is authorized to practice social work as described in section 148E.050, subdivision 2. An individual issued a graduate temporary license under this subdivision is authorized to practice social work as described in section 148E.050, subdivision 3, 4, or 5, consistent with the individual's license or credential in the other jurisdiction. new text end

Sec. 33.

Minnesota Statutes 2018, section 148E.060, subdivision 2a, is amended to read:

Subd. 2a.

new text begin Applicants graduating from new text end programs in candidacy status.

(a) deleted text begin The board may issuedeleted text end new text begin To be issuednew text end a temporary license to practice social work deleted text begin todeleted text end new text begin ,new text end an applicant who deleted text begin has completed the requirements for a baccalaureate or graduate degree in social work fromdeleted text end new text begin is a student as defined in section 148E.010 or a graduate fromnew text end a program in candidacy status with the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body deleted text begin designated by the board, and hasdeleted text end new text begin that the board designates, must provide evidence satisfactory to the board that the applicantnew text end :

(1) deleted text begin applieddeleted text end new text begin has a current applicationnew text end for a license under section 148E.055;

(2) deleted text begin applied for a temporary license on a form provided by the boarddeleted text end new text begin has submitted the required fees and documentation for the criminal background check according to section 214.075new text end ;

deleted text begin (3) submitted a form provided by the board authorizing the board to complete a criminal background check; deleted text end

deleted text begin (4)deleted text end new text begin (3) hasnew text end passed the applicable licensure examination deleted text begin provided fordeleted text end new text begin requirednew text end in section 148E.055; deleted text begin anddeleted text end

new text begin (4) has completed all requirements for a baccalaureate, graduate, or doctoral degree in social work from a program in candidacy status with the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body that the board designates, including all coursework and internships required to obtain the degree; new text end

new text begin (5) has submitted a completed, signed temporary license application form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified; new text end

new text begin (6) has paid the fee specified in section 148E.180; and new text end

deleted text begin (5)deleted text end new text begin (7) has new text end not engaged in conduct that is in violation of the standards of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in violation of the standards of practice, the board may take action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license is effective on the day that the board receives the application and fee or on the date that all requirements are complete as specified in this subdivision, whichever date is later. new text end

new text begin (c) A temporary license issued under this subdivision expires on the last day of the month 12 months from the license's effective date or when a license is issued under section 148E.055, whichever date is earlier. A temporary license is nonrenewable. new text end

deleted text begin (b)deleted text end new text begin (d)new text end A temporary license issued under this subdivision deleted text begin expires after 12 months butdeleted text end may be extended deleted text begin at the board's discretiondeleted text end upon a showing that the social work program remains in deleted text begin good standingdeleted text end new text begin candidacy statusnew text end with the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body deleted text begin designated by the boarddeleted text end new text begin that the board designatesnew text end .

new text begin (e) In all professional use of the social worker's name, an individual with a baccalaureate or graduate temporary license must represent themselves as a Temporary License Baccalaureate Social Worker or Temporary License Graduate Social Worker. An individual with a baccalaureate or graduate temporary license must not use the credentials LSW, LGSW, LISW, or LICSW until the individual has a license under section 148E.055. new text end

new text begin (f) An individual who has a baccalaureate temporary license under this subdivision is authorized to practice social work as described in section 148E.050, subdivision 2. An individual who has a graduate temporary license under this subdivision is authorized to practice social work as described in section 148E.050, subdivision 3. new text end

new text begin (g) An individual issued a temporary license under this subdivision must obtain supervision in compliance with sections 148E.100 to 148E.125. Supervised practice obtained with a temporary license applies to the supervised practice requirements for a license issued under section 148E.055. new text end

new text begin (h) An individual who has a temporary license under this subdivision may complete continuing education in compliance with the requirements of section 148E.130. An individual who earns continuing education hours with a temporary license may apply those continuing education hours to the continuing education requirements of a license under section 148E.055. new text end

new text begin (i) new text end If deleted text begin the board receives notice fromdeleted text end the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body deleted text begin designated by the board that the social work program is not in good standing, or that the accreditation will not be granted to the social work programdeleted text end new text begin that the board designates does not grant accreditation to the program in candidacy statusnew text end , thenew text begin board must immediately revoke thenew text end temporary license deleted text begin is immediately revokeddeleted text end .

Sec. 34.

Minnesota Statutes 2018, section 148E.070, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Mailingdeleted text end License renewal notices.

The board must deleted text begin maildeleted text end new text begin sendnew text end a notice for license renewal to a licensee at least 45 days before the expiration date of the license. deleted text begin Mailing the notice by United States maildeleted text end new text begin The board may send the renewal notice new text end to the licensee's last known mailing address deleted text begin constitutes valid mailingdeleted text end new text begin or electronicallynew text end . Failure to receive the renewal notice does not relieve a licensee of the obligation to renew a license and to pay the renewal fee.

Sec. 35.

Minnesota Statutes 2018, section 148E.070, subdivision 3, is amended to read:

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 148E.180.

new text begin The board must receive new text end the completed, signed application and renewal fee deleted text begin must be received by the boarddeleted text end prior to midnight deleted text begin ofdeleted text end new text begin onnew text end the day of the license expiration date. For new text begin electronic new text end renewals deleted text begin submitted electronicallydeleted text end , a "signed application" means providing an attestation deleted text begin asdeleted text end new text begin that the board hasnew text end specified deleted text begin by the boarddeleted text end .

(b) An application deleted text begin which isdeleted text end new text begin that the applicant hasnew text end not completed and signed, or deleted text begin whichdeleted text end new text begin thatnew text end is not accompanied by the correct fee, deleted text begin must be returned to the applicant, along with any fee submitted, anddeleted text end is void.new text begin The board must return the incomplete application and any fee to the applicant.new text end

(c) The completed, signed application must include documentation that the licensee has met the continuing education requirements specified in sections 148E.130 to deleted text begin 148E.170deleted text end new text begin 148E.145new text end and, if applicable, the supervised practice requirements specified in sections 148E.100 to 148E.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 148E.130 to deleted text begin 148E.170deleted text end new text begin 148E.145new text end ; and

(3) if applicable, conduct an audit to determine whether the applicant has met the supervision requirements specified in sections 148E.100 to 148E.125.

deleted text begin (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. deleted text end

Sec. 36.

Minnesota Statutes 2018, section 148E.070, subdivision 5, is amended to read:

Subd. 5.

Expired license.

(a) deleted text begin If an application does not meet the requirements specified in subdivisions 3 and 4, the license automatically expires.deleted text end A licensee whose license has expired may deleted text begin reactivatedeleted text end new text begin restorenew text end a license new text begin to active status new text end by meeting the requirements in section 148E.080 or new text begin may new text end be relicensed by meeting the requirements specified in section 148E.055.

(b) The board may take action according to sections 148E.255 to 148E.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 148E.080. After one year of the expiration date, an individual may apply for a new license according to section 148E.055.

Sec. 37.

new text begin [148E.0751] TEMPORARY LEAVE LICENSE STATUS. new text end

new text begin Subdivision 1. new text end

new text begin Temporary leave. new text end

new text begin (a) At the time of license renewal, a licensee may apply for temporary leave license status by: new text end

new text begin (1) submitting a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified; new text end

new text begin (2) paying the fee specified in section 148E.180; and new text end

new text begin (3) demonstrating to the satisfaction of the board that the licensee is not engaged in the practice of social work as defined in section 148E.010, subdivisions 6 and 11, in any setting, including settings in which social workers are exempt from licensure according to section 148E.065. new text end

new text begin (b) By submitting an application for temporary leave license status, an applicant authorizes the board to: new text end

new text begin (1) investigate any information provided or requested in the application. The board may request that the applicant provide additional information, verification, or documentation; new text end

new text begin (2) determine if the applicant has met the continuing education requirements specified in sections 148E.130 to 148E.145; and new text end

new text begin (3) determine whether the applicant has met the supervision requirements specified in sections 148E.100 to 148E.125. new text end

new text begin (c) An application that the applicant has not completed and signed, or that is not accompanied by the correct fee, is void. The board must return the application to the applicant, along with any fee. new text end

new text begin Subd. 2. new text end

new text begin Four-year time limit. new text end

new text begin (a) A temporary leave license status may not exceed four consecutive years. If a licensee fails to restore the license to active status according to section 148E.080, the license automatically expires at the end of the four-year term. new text end

new text begin (b) The board must send a notice to a licensee at least 45 days before the expiration date of the temporary leave license status. The board may send the renewal notice to the licensee's last known mailing address or electronically. new text end

new text begin Subd. 3. new text end

new text begin Return to active license status. new text end

new text begin A licensee with temporary leave license status may restore their license to active license status according to section 148E.080, including documenting required continuing education hours. new text end

new text begin Subd. 4. new text end

new text begin Prohibition on practice and representation. new text end

new text begin A licensee who has temporary leave license status: (1) must not practice, attempt to practice, offer to practice, or advertise or hold out as being authorized to practice social work; and (2) must include "temporary leave" in any use of the license credential LSW, LGSW, LISW, or LICSW. new text end

new text begin Subd. 5. new text end

new text begin Disciplinary or other action. new text end

new text begin The board may resolve any pending complaints against a licensee before approving an application for temporary leave license status specified in this section. The board may take action according to sections 148E.255 to 148E.290 against a licensee who has temporary leave license status specified in this section based on conduct occurring before the temporary leave license status or conduct occurring while the license is in temporary leave license status. new text end

Sec. 38.

new text begin [148E.0752] EMERITUS INACTIVE LICENSE STATUS. new text end

new text begin Subdivision 1. new text end

new text begin Emeritus inactive license. new text end

new text begin (a) At the time of license renewal, a licensee may apply for emeritus inactive license status by: new text end

new text begin (1) submitting a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that board has specified; new text end

new text begin (2) paying the fee specified in section 148E.180; and new text end

new text begin (3) demonstrating to the satisfaction of the board that the licensee is retired from social work practice as defined in section 148E.010, subdivisions 6 and 11, and will not engage in the practice of social work in any setting, including settings in which social workers are exempt from licensure according to section 148E.065. new text end

new text begin (b) By submitting an application for emeritus inactive license status, an applicant authorizes the board to: new text end

new text begin (1) investigate any information provided or requested in the application. The board may request that the applicant provide additional information, verification, or documentation; new text end

new text begin (2) determine if the applicant has met the continuing education requirements specified in sections 148E.130 to 148E.145; and new text end

new text begin (3) determine whether the applicant has met the supervision requirements specified in sections 148E.100 to 148E.125. new text end

new text begin (c) An application that the applicant has not completed and signed, or that is not accompanied by the correct fee, is void. The board must return the application to the applicant, along with any fee. new text end

new text begin Subd. 2. new text end

new text begin Return to active license status. new text end

new text begin (a) A licensee with emeritus inactive license status may restore their license status to active license status during the first four years of the emeritus inactive status according to section 148E.080, including documenting required continuing education hours. new text end

new text begin (b) A licensee in emeritus inactive status is not eligible to restore their license to active status after four years. The licensee may reapply for a license according to section 148E.055. new text end

new text begin Subd. 3. new text end

new text begin Prohibition on practice and representation. new text end

new text begin A licensee who has emeritus inactive license status: (1) must not practice, attempt to practice, offer to practice, or advertise or hold out as being authorized to practice social work; and (2) must include "emeritus inactive" in any use of the license credential LSW, LGSW, LISW, or LICSW. new text end

new text begin Subd. 4. new text end

new text begin Disciplinary or other action. new text end

new text begin The board may resolve any pending complaints against a licensee before approving an application for emeritus inactive license status specified in this section. The board may take action according to sections 148E.255 to 148E.290 against a licensee who has emeritus inactive license status specified in this section based on conduct occurring before the emeritus inactive license status or conduct occurring while the license is in emeritus inactive status. new text end

Sec. 39.

new text begin [148E.0753] EMERITUS ACTIVE LICENSE STATUS. new text end

new text begin Subdivision 1. new text end

new text begin Emeritus active license. new text end

new text begin (a) At the time of license renewal, a licensee may apply for emeritus active license status by: new text end

new text begin (1) submitting a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified; new text end

new text begin (2) paying the fee specified in section 148E.180; and new text end

new text begin (3) demonstrating to the satisfaction of the board that the licensee is retired from social work practice as defined in section 148E.010, subdivisions 6 and 11, other than the limited practice allowed in subdivision 2. new text end

new text begin (b) By submitting an application for emeritus active license status, an applicant authorizes the board to: new text end

new text begin (1) investigate any information provided or requested in the application. The board may request that the applicant provide additional information, verification, or documentation; new text end

new text begin (2) determine if the applicant has met the continuing education requirements specified in sections 148E.130 to 148E.145; and new text end

new text begin (3) determine whether the applicant has met the supervision requirements specified in sections 148E.100 to 148E.125. new text end

new text begin (c) An application that the applicant has not completed and signed, or that is not accompanied by the correct fee, is void. The board must return the application to the applicant, along with any fee. new text end

new text begin Subd. 2. new text end

new text begin Limitation on practice and representation. new text end

new text begin (a) A licensee who has emeritus active license status is only authorized to engage in: new text end

new text begin (1) pro bono or unpaid social work practice as specified in section 148E.010, subdivisions 6 and 11; or new text end

new text begin (2) paid social work practice not to exceed 500 clock hours per calendar year for the exclusive purpose of: new text end

new text begin (i) providing licensing supervision as specified in sections 148E.100 to 148E.125; new text end

new text begin (ii) providing consultation to licensees as specified in section 148E.200, subdivision 2; or new text end

new text begin (iii) presenting continuing education activities as specified in section 148E.130, subdivision 9. new text end

new text begin (b) In all professional use of the social worker's name, a licensee must include "emeritus active" in all use of their LSW, LGSW, LISW, or LICSW license credential. new text end

new text begin Subd. 3. new text end

new text begin Renewal. new text end

new text begin (a) An applicant who has emeritus active license status may renew their license according to the requirements specified in section 148E.070 and must pay one-half of the renewal fee specified in section 148E.180, subdivision 3. new text end

new text begin (b) Failure to renew an emeritus active license status will result in an expired license as specified in section 148E.070. new text end

new text begin (c) At the time of license renewal, a licensee must provide evidence satisfactory to the board that the licensee has, during the renewal term, completed one-half of the clock hours of continuing education as specified in section 148E.130, including at least two clock hours in social work ethics. new text end

new text begin Subd. 4. new text end

new text begin Return to active license status. new text end

new text begin An applicant may restore a license in emeritus active status to active license status according to section 148E.080. new text end

new text begin Subd. 5. new text end

new text begin Disciplinary or other action. new text end

new text begin The board may resolve any pending complaints against a licensee before approving an application for emeritus active license status specified in this section. The board may take action according to sections 148E.255 to 148E.290 against a licensee who has emeritus active license status specified in this section based on conduct occurring before the emeritus active license status or conduct occurring while the license is in emeritus active license status. new text end

Sec. 40.

Minnesota Statutes 2018, section 148E.080, is amended to read:

148E.080 REACTIVATIONS.

deleted text begin Subdivision 1. deleted text end

deleted text begin Mailing notices to licensees on temporary leave. deleted text end

deleted text begin 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 according to section 148E.075, subdivision 1. 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. deleted text end

new text begin Subd. 1a. new text end

new text begin Reactivation from temporary leave license status. new text end

new text begin To restore a license from temporary leave license status to active status, a licensee must do the following within the time period specified in section 148E.0751, subdivision 2: new text end

new text begin (1) submit a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified. An application that the applicant has not completed and signed is void. The board must return the application and any fee to the applicant; new text end

new text begin (2) document compliance with the continuing education requirements specified in subdivision 4; and new text end

new text begin (3) pay the reactivation fee specified in section 148E.180. new text end

Subd. 2.

Reactivation from deleted text begin a temporary leave ordeleted text end emeritus new text begin inactive license new text end status.

To deleted text begin reactivatedeleted text end new text begin restorenew text end a license from deleted text begin a temporary leave ordeleted text end emeritus new text begin inactive license new text end statusnew text begin to active statusnew text end , a licensee must do the following within the time period specified in section deleted text begin 148E.075, subdivisions 1, 1a, and 1bdeleted text end new text begin 148E.0752, subdivision 2new text end :

(1) deleted text begin complete an application form specified by the boarddeleted text end new text begin submit a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified. An application that the applicant has not completed and signed is void. The board must return the application and any fee to the applicantnew text end ;

(2) document compliance with the continuing education requirements specified in subdivision 4;new text begin andnew text end

deleted text begin (3) submit a supervision plan, if required; deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end pay the reactivation deleted text begin of a licensedeleted text end fee specified in section 148E.180deleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (5) pay the wall certificate fee according to section 148E.095, subdivision 1, paragraph (b) or (c), if the licensee needs a duplicate license. deleted text end

Subd. 3.

Reactivation of an expired license.

To deleted text begin reactivatedeleted text end new text begin restorenew text end an expired licensenew text begin to active statusnew text end , a licensee must do the following within one year of the expiration date:

(1) deleted text begin complete an application form specified by the boarddeleted text end new text begin submit a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified. An application that the applicant has not completed and signed is void. The board must return the application and any fee to the applicantnew text end ;

(2) document compliance with the continuing education requirements that were in effect at the timenew text begin thatnew text end the license expired;new text begin andnew text end

deleted text begin (3) document compliance with the supervision requirements, if applicable, that were in effect at the time the license expired; and deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end pay the reactivation deleted text begin of an expired licensedeleted text end fee specified in section 148E.180.

Subd. 4.

Continuing education requirements.

(a) new text begin At the time of reactivation, new text end a licensee who is on temporary leave new text begin license status new text end or who deleted text begin has andeleted text end new text begin is onnew text end emeritus new text begin inactive new text end license new text begin status new text end must new text begin document compliance with the following continuing education requirements:new text end

new text begin (1) new text end obtain deleted text begin thedeleted text end new text begin at least twonew text end continuing education hours deleted text begin 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 148E.130 to 148E.170.deleted text end new text begin in social work ethics; andnew text end

new text begin (2) complete the board's jurisprudence exam. new text end

(b) A licensee applying for reactivation according to deleted text begin subdivision 2 or 3deleted text end new text begin this sectionnew text end may apply for deleted text begin a variancedeleted text end new text begin an extensionnew text end to the continuing education requirements according to deleted text begin sectionsdeleted text end new text begin sectionnew text end 148E.130 deleted text begin to 148E.170deleted text end new text begin , subdivision 10new text end .

Subd. 5.

Reactivation of a voluntarily terminated license.

To deleted text begin reactivatedeleted text end new text begin restorenew text end a voluntarily terminated licensenew text begin to active statusnew text end , a licensee must do the following within one year of the date new text begin that new text end the voluntary termination takes effect:

(1) deleted text begin complete an application form specified by the boarddeleted text end new text begin submit a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified. An application that the applicant has not completed and signed is void. The board must return the application and any fee to the applicantnew text end ;

(2) document compliance with the continuing education requirements that were in effect at the time new text begin that new text end the license was voluntarily terminated;new text begin andnew text end

deleted text begin (3) document compliance with the supervision requirements, if applicable, that were in effect at the time the license was voluntarily terminated; and deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end pay the reactivation deleted text begin of an expired or voluntarily terminated licensedeleted text end fee specified in section 148E.180.

new text begin Subd. 6. new text end

new text begin Reactivation from emeritus active status. new text end

new text begin To restore a license from emeritus active license status to active status, a licensee must do the following while the license remains in emeritus active license status: new text end

new text begin (1) submit a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified. An application that is not completed and signed is void. The board must return the application and any fee to the applicant; and new text end

new text begin (2) pay the reactivation fee specified in section 148E.180. new text end

Sec. 41.

Minnesota Statutes 2018, section 148E.085, is amended to read:

148E.085 VOLUNTARY deleted text begin TERMINATIONSdeleted text end new text begin TERMINATION LICENSE STATUSnew text end .

Subdivision 1.

deleted text begin Requests fordeleted text end Voluntary termination.

(a) A licensee may deleted text begin requestdeleted text end new text begin apply fornew text end voluntary termination of a license if the licensee deleted text begin demonstratesdeleted text end new text begin :new text end

new text begin (1) submits a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified. An application that the applicant has not completed and signed is void. The board must return the application to the applicant. No fee is required to voluntarily terminate a license; and new text end

new text begin (2) demonstratesnew text end to the satisfaction of the board that the licensee is not engaged in the practice of social work new text begin as defined in section 148E.010, subdivisions 6 and 11, new text end in any setting except deleted text begin settings in which social workers aredeleted text end new text begin when the individual isnew text end exempt from licensure according to section 148E.065.

deleted text begin (b) A licensee may apply for voluntary termination: deleted text end

deleted text begin (1) at any time by submitting an application; or deleted text end

deleted text begin (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. deleted text end

deleted text begin 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. deleted text end

deleted text begin (c) The board may resolve any pending complaints against a licensee before approving a request for voluntary termination. deleted text end

new text begin (b) By submitting an application for voluntary termination, an applicant authorizes the board to: new text end

new text begin (1) investigate any information provided or requested in the application. The board may request that the applicant provide additional information, verification, or documentation; new text end

new text begin (2) determine if the applicant has met the continuing education requirements specified in section 148E.130; and new text end

new text begin (3) determine whether the applicant has met the supervision requirements specified in sections 148E.100 to 148E.125. new text end

Subd. 2.

deleted text begin Application for new licensuredeleted text end new text begin Return to active license statusnew text end .

A licensee who has voluntarily terminated a licensenew text begin : (1)new text end may deleted text begin not reactivatedeleted text end new text begin restorenew text end the license deleted text begin after one year following the date the voluntary termination takes effect. However, a licensee who has voluntarily terminated a licensedeleted text end new text begin according to section 148E.080; or (2)new text end may deleted text begin applydeleted text end new text begin reapplynew text end for a deleted text begin newdeleted text end license according to section 148E.055.

Subd. 3.

Prohibition on practicenew text begin and representationnew text end .

A licensee who has voluntarily terminated a licensenew text begin : (1)new text end must notnew text begin use the credentials LSW, LGSW, LISW, or LICSW; and (2) must notnew text end 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 according to section 148E.065.

Subd. 4.

Disciplinary or other action.

new text begin The board may resolve any pending complaints against a licensee before approving a request for voluntary termination. new text end The board may take action according to sections 148E.255 to deleted text begin 148E.270deleted text end new text begin 148E.290new text end against a licensee deleted text begin whosedeleted text end new text begin who voluntarily terminated theirnew text end license deleted text begin has been terminateddeleted text end based on conduct occurring before the license deleted text begin isdeleted text end new text begin was voluntarily new text end terminated deleted text begin or for practicing social work without a licensedeleted text end .

Sec. 42.

Minnesota Statutes 2018, section 148E.095, subdivision 1, is amended to read:

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 148E.180 is required.

(b) deleted text begin The board must replace a license wall certificate whendeleted text end new text begin To request a duplicate license wall certificate, the licensee mustnew text end :

(1) deleted text begin a licensee submits an affidavit to the board that the original license wall certificate was lost, stolen, or destroyeddeleted text end new text begin submit a request for another license wall certificate in writingnew text end ; and

(2) deleted text begin the licensee submitsdeleted text end new text begin submitnew text end the license wall certificate fee specified in section 148E.180.

deleted text begin (c) The board must issue a revised license wall certificate when: deleted text end

deleted text begin (1) a licensee requests a revised license wall certificate according to this section; and deleted text end

deleted text begin (2) a licensee submits the license wall certificate fee specified in section 148E.180. deleted text end

deleted text begin (d) The board must issue an additional license wall certificate when: deleted text end

deleted text begin (1) a licensee submits a written request for a new certificate because the licensee practices in more than one location; and deleted text end

deleted text begin (2) the licensee submits the license wall certificate fee specified in section 148E.180. deleted text end

Sec. 43.

Minnesota Statutes 2018, section 148E.130, subdivision 1, is amended to read:

Subdivision 1.

Total clock hours required.

new text begin (a) A licensee must complete 40 hours of continuing education for each two-year renewal term. new text end At the time of license renewal, a licensee must provide evidence satisfactory to the board that the licensee hasdeleted text begin , during the renewal term, completed at least 40 clock hours ofdeleted text end new text begin completed the requirednew text end continuing educationnew text begin hours during the previous renewal termnew text end .new text begin Of the total clock hours required:new text end

new text begin (1) all licensees must complete two hours in social work ethics as defined in section 148E.010; new text end

new text begin (2) licensed independent clinical social workers must complete 12 clock hours in one or more of the clinical content areas specified in section 148E.055, subdivision 5, paragraph (a), clause (2); new text end

new text begin (3) licensees providing licensing supervision according to sections 148E.100 to 148E.125, must complete six clock hours in supervision as defined in section 148E.010; and new text end

new text begin (4) no more than half of the required clock hours may be completed via continuing education independent learning as defined in section 148E.010. new text end

new text begin (b) If the licensee's renewal term is prorated to be less or more than 24 months, the total number of required clock hours is prorated proportionately. new text end

Sec. 44.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Acceptable content. new text end

new text begin The continuing education must: new text end

new text begin (1) promote the standards of practice described in sections 148E.195 to 148E.240; and new text end

new text begin (2) contribute to the practice of social work as defined in section 148E.010. new text end

Sec. 45.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Acceptable continuing education activities. new text end

new text begin (a) A continuing education activity must be one of the following: new text end

new text begin (1) academic coursework at an institution of higher learning. One credit of coursework in a semester-based academic institution is the equivalent of 15 clock hours; new text end

new text begin (2) educational workshops, seminars, conferences, or live webinars; new text end

new text begin (3) staff training from an employer; or new text end

new text begin (4) continuing education independent learning as defined in section 148E.010. new text end

new text begin (b) A continuing education activity automatically meets the requirements of this section if the licensee completes it through: new text end

new text begin (1) a board-approved continuing education provider; new text end

new text begin (2) a continuing education provider or program approved by the Association of Social Work Boards or a similar examination body that the board has designated; or new text end

new text begin (3) a continuing education program approved by the National Association of Social Workers. new text end

new text begin (c) The board does not require providers and programs to be preapproved, but the continuing education activity must meet the requirements specified in this section. new text end

Sec. 46.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Extension. new text end

new text begin At the time of renewal, the board may grant a onetime extension to complete the required clock hours when a licensee is unable to comply with this section. new text end

Sec. 47.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Records retention; licensees. new text end

new text begin 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: new text end

new text begin (1) for educational workshops, seminars, conferences, or live webinars, documentation of attendance issued by the presenter or sponsor must include the: new text end

new text begin (i) name of the sponsor; new text end

new text begin (ii) title and date of the activity; new text end

new text begin (iii) number of clock hours; and new text end

new text begin (iv) names of the presenters; new text end

new text begin (2) for academic coursework at an institution of higher learning, a transcript must include the: new text end

new text begin (i) name of the institution; new text end

new text begin (ii) title of the course; new text end

new text begin (iii) dates of the course; and new text end

new text begin (iv) number of credits completed or audited; new text end

new text begin (3) for an employer's staff training, an employer's documentation of attendance must include the: new text end

new text begin (i) name of the employer; new text end

new text begin (ii) title of the training; new text end

new text begin (iii) date of the training; and new text end

new text begin (iv) number of clock hours completed; and new text end

new text begin (4) for continuing education independent learning, a written summary of the activity conducted must include the: new text end

new text begin (i) topics covered; new text end

new text begin (ii) applicability of the activity to the licensee's social work practice; new text end

new text begin (iii) titles and authors or presenters of materials reviewed; new text end

new text begin (iv) dates the licensee conducted the activity; and new text end

new text begin (v) number of clock hours completed. new text end

Sec. 48.

Minnesota Statutes 2018, section 148E.130, is amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Audits. new text end

new text begin (a) The board may audit licensees at the time of license renewal or reactivation to determine the licensee's compliance with the requirements of this section. new text end

new text begin (b) When the board audits a licensee, the licensee must provide the documentation specified in subdivision 11. new text end

Sec. 49.

Minnesota Statutes 2018, section 148E.145, is amended to read:

148E.145 CONTINUING EDUCATION PROVIDERS deleted text begin APPROVED BY BOARDdeleted text end .

Subdivision 1.

Board approval.

(a) deleted text begin The board must approve a continuing education provider whodeleted text end new text begin For the board to approve a continuing education provider, the provider mustnew text end :

(1) deleted text begin submitsdeleted text end new text begin submitnew text end a completed application deleted text begin to the board which provides the information required by subdivision 2 and which meets the criteria specified in subdivision 3; anddeleted text end new text begin form that the board has provided;new text end

new text begin (2) agree to comply with the requirements of this section; new text end

new text begin (3) submit a signed statement that indicates that the provider agrees to provide documentation of attendance that meets the requirements of section 148E.130, subdivision 11, to each participant in the provider's program; and new text end

deleted text begin (2) paysdeleted text end new text begin (4) paynew text end the new text begin continuing education new text end provider fee specified in section 148E.180.

(b) An approval is valid for deleted text begin programs offered no later thandeleted text end one year from the date new text begin that the board receives new text end the application deleted text begin is approved by the boarddeleted text end new text begin and feenew text end .

new text begin (c) During the one-year period, an approved provider may provide no more than the number of clock hours for which the provider has applied as specified in section 148E.180, subdivision 4. If the provider wishes to offer additional clock hours during the one-year period, the provider must submit another application and fee to the board. new text end

deleted text begin Subd. 2. deleted text end

deleted text begin Information required. deleted text end

deleted text begin The information that must be provided to the board includes, but is not limited to, the following: deleted text end

deleted text begin (1) the name of the continuing education provider; deleted text end

deleted text begin (2) the address, telephone number, and e-mail address of a contact person for the provider; deleted text end

deleted text begin (3) a signed statement that indicates the provider understands and agrees to abide by the criteria specified in subdivision 3; and deleted text end

deleted text begin (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. deleted text end

Subd. 3.

deleted text begin Criteria for programsdeleted text end new text begin Continuing education activity requirementsnew text end .

(a) deleted text begin A continuing education provider must employ the following criteria in determining whether to offer a continuing education programdeleted text end new text begin An approved provider must ensure that all continuing education activitiesnew text end :

(1) deleted text begin whether the material to be presented willdeleted text end promote the standards of practice described in sections 148E.195 to 148E.240;

(2) deleted text begin whether the material to be presented willdeleted text end contribute to the practice of social work as defined in section 148E.010;new text begin andnew text end

(3) deleted text begin whether the material to be presented is intended for the benefit of practicing social workers; anddeleted text end new text begin are presented by individuals with expertise in the material or content.new text end

deleted text begin (4) whether the persons presenting the program are qualified in the subject matter being presented. deleted text end

(b) deleted text begin The material presented must not be primarily procedural or primarily oriented towards business practices or self-development.deleted text end new text begin An approved provider must provide documentation of completion to each participant that includes the information required by section 148E.130, subdivision 11.new text end

deleted text begin Subd. 4. deleted text end

deleted text begin Audits. deleted text end

deleted text begin (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. deleted text end

deleted text begin (b) A continuing education provider audited by the board must provide the documentation specified in subdivision 5. deleted text end

Subd. 5.

Records retentiondeleted text begin ; continuing education providersdeleted text end .

new text begin An approved provider must maintain the following information new text end for three years following the end of each program deleted text begin offered by a continuing education provider, the provider must maintain the following informationdeleted text end new text begin activitynew text end :

(1) thenew text begin program'snew text end title deleted text begin of the programdeleted text end ;

(2) a description of the new text begin program's new text end content and objectives deleted text begin of the programdeleted text end ;

(3) thenew text begin program'snew text end date deleted text begin of the programdeleted text end ;

(4) the new text begin program's new text end number of clock hours deleted text begin credited for participation in the programdeleted text end ;

(5) deleted text begin the program locationdeleted text end new text begin whether the activity was presented as a live interactive activity or continuing education independent learningnew text end ;

(6) the names and qualifications of the deleted text begin primarydeleted text end new text begin program's new text end presenters;new text begin andnew text end

deleted text begin (7) a description of the primary audience the program was designed for; and deleted text end

deleted text begin (8)deleted text end new text begin (7)new text end a list of the deleted text begin participants in the programdeleted text end new text begin program's attendeesnew text end .

new text begin Subd. 6. new text end

new text begin Audits. new text end

new text begin (a) The board may audit an approved provider to determine compliance with the requirements of this section. new text end

new text begin (b) An approved provider audited by the board must provide the documentation specified in subdivision 5. new text end

new text begin Subd. 7. new text end

new text begin Revocation. new text end

new text begin The board may revoke approval of an approved provider if the board determines the provider failed to meet the requirements of this section. new text end

Sec. 50.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2018, sections 148E.045; 148E.055, subdivisions 7 and 8; 148E.060, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 13; 148E.075, subdivisions 1, 1a, 1b, 2, 3, and 8; 148E.095, subdivision 2; 148E.130, subdivisions 2, 3, 4, 5, 6, and 7; 148E.135; 148E.140; 148E.150; 148E.155; 148E.160; 148E.165; and 148E.170, new text end new text begin are repealed. new text end

ARTICLE 4

BOARD OF DENTISTRY

Section 1.

Minnesota Statutes 2018, section 150A.06, subdivision 6, is amended to read:

Subd. 6.

Display of name and certificates.

(a) The deleted text begin initial license and subsequentdeleted text end renewal certificate of every dentist, dental therapist, dental hygienist, or dental assistant deleted text begin shalldeleted text end new text begin mustnew text end be conspicuously displayed new text begin in plain sight of patients new text end in every office in which that person practicesdeleted text begin , in plain sight of patients. When available from the board, the board shall allow the display of a wallet-sized initial license and wallet-sized subsequent renewal certificate only at nonprimary practice locations instead of displaying an original-sized initial license and subsequent renewal certificatedeleted text end .new text begin Duplicate renewal certificates may be obtained from the board.new text end

(b) Near or on the entrance door to every office where dentistry is practiced, the name of each dentist practicing there, as inscribed on the current license certificate, deleted text begin shalldeleted text end new text begin mustnew text end be displayed in plain sight.

new text begin (c) The board must allow the display of a mini-license for guest license holders performing volunteer dental services. There is no fee for the mini-license for guest volunteers. new text end

ARTICLE 5

REEMPLOYING RETIRED MEMBERS OF PERA AND MSRS

Section 1.

new text begin PERMITTING PAYMENT OF RETIREMENT ANNUITY DURING PERIOD OF EMPLOYMENT AS A HEALTH CARE WORKER DURING A PEACETIME EMERGENCY. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section: new text end

new text begin (1) "health care worker" means a person, whether licensed or unlicensed, employed by a public employer during a peacetime emergency to provide health care, health-care-related services, or long-term care; new text end

new text begin (2) "peacetime emergency" means any peacetime emergency declared by the governor in an executive order that relates to the infectious disease known as COVID-19; new text end

new text begin (3) "public employer" means any political subdivision or executive branch agency of the state, including any county, municipality, and Hennepin Healthcare System, Inc.; and new text end

new text begin (4) "reemployment year" means the 12-month period that a person is covered by a phased retirement agreement under Minnesota Statutes, section 353.371, or in a postretirement option position under Minnesota Statutes, section 43A.346. new text end

new text begin Subd. 2. new text end

new text begin Health care workers to continue receiving retirement annuities. new text end

new text begin (a) Notwithstanding any law to the contrary, a person is entitled to continue to receive a retirement annuity if the person: new text end

new text begin (1) is receiving a retirement annuity and has not been employed in public service for at least 30 days or has been retired for at least 30 days and is about to begin receiving a retirement annuity from any of the pension plans administered by the Public Employees Retirement Association or from any of the pension plans administered by the Minnesota State Retirement System; and new text end

new text begin (2) is hired or rehired by a public employer as a health care worker on or after the effective date of a declaration of a peacetime emergency. new text end

new text begin (b) A person described in paragraph (a) is not subject to the provisions of Minnesota Statutes, section 352.115, subdivision 10, or 353.37, and the monthly amount of the person's retirement annuity shall not change as a result of employment during a peacetime emergency, notwithstanding the additional hours and percentage of time worked by the person. new text end

new text begin (c) Notwithstanding any law to the contrary, a public employer may hire or rehire a person under this subdivision without either the public employer or the person having to enter into or comply with the requirements of Minnesota Statutes, section 43A.346 or 353.371. new text end

new text begin Subd. 3. new text end

new text begin No limitation on hours or percentage of time worked under a postretirement option. new text end

new text begin (a) A health care worker who entered into a phased retirement agreement under Minnesota Statutes, section 353.371, before the effective date of this section, or has been employed in a postretirement option position under Minnesota Statutes, section 43A.346, since before the effective date of this section, shall not be subject to any limitation on the number of hours or percentage of time worked imposed by Minnesota Statutes, section 43A.346 or 353.371, as applicable, during any reemployment year that includes the date on which this section expires. new text end

new text begin (b) Upon the expiration of a peacetime emergency, the health care worker shall continue to be covered by the phased retirement agreement or continue employment in the postretirement option position, as applicable, if the health care worker elects to continue employment, except that the limitation on the number of hours or percentage of time worked shall not apply until the reemployment year that begins after the reemployment year that includes the date on which this section expires. new text end

new text begin (c) The period of employment during a peacetime emergency shall be added to and shall extend the period of employment governed by the phased retirement agreement under Minnesota Statutes, section 353.371, subdivision 4, or in a postretirement option position under Minnesota Statutes, section 43A.346, subdivision 6, as applicable. new text end

new text begin (d) The requirements of Minnesota Statutes, sections 43A.346 and 353.371, prohibiting the crediting of additional service toward the health care worker's annuity and prohibiting the making of employee or employer contributions during employment covered by a phased retirement agreement or in a postretirement option position, as applicable, shall apply during a peacetime emergency. The monthly amount of the health care worker's retirement annuity shall not change as a result of employment during a peacetime emergency, notwithstanding any increase in the hours and percentage of time worked by the health care worker. new text end

new text begin (e) Nothing in this section shall be considered as terminating (1) a phased retirement agreement under Minnesota Statutes, section 353.371, or (2) the employment of a health care worker in a postretirement option position under Minnesota Statutes, section 43A.346. new text end

new text begin Subd. 4. new text end

new text begin Expiration date. new text end

new text begin This section expires on December 31 of the year in which the peacetime emergency expires or is terminated or rescinded by proper authority. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor May 12, 2020

Signed by the governor May 12, 2020, 7:17 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes