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

                            CHAPTER 147-S.F.No. 1204 
                  An act relating to health; recodifying statutes and 
                  rules relating to social work; authorizing rulemaking; 
                  providing penalties; modifying provisions relating to 
                  physical therapists; providing penalties; modifying 
                  the Psychology Practice Act; phasing out licensure as 
                  a licensed psychological practitioner; modifying 
                  dental licensure provisions; establishing fees; 
                  modifying provisions for licensed professional 
                  counselors; authorizing certain rulemaking; modifying 
                  physician review; modifying information contained on 
                  prescriptions; providing recognition for the practice 
                  of respiratory therapy in emergency situations; 
                  providing that audiologists need not obtain hearing 
                  instrument dispenser certification; providing 
                  penalties; transferring oversight authority for the 
                  Office of Mental Health Practice; requiring a report; 
                  establishing penalty fees for certain credentialed 
                  health occupations; modifying certain health care 
                  provider disclosure and payments; providing criminal 
                  penalties; appropriating money; amending Minnesota 
                  Statutes 2004, sections 13.383, subdivision 10; 
                  13.411, subdivision 5; 45.0135, by adding a 
                  subdivision; 144.335, subdivision 1; 144A.46, 
                  subdivision 2; 144E.001, subdivisions 8, 15, by adding 
                  a subdivision; 144E.27, subdivision 2; 144E.28, 
                  subdivisions 1, 3, 7, 8; 147.09; 147A.18, subdivisions 
                  1, 3; 147C.05; 148.512, subdivision 6, by adding 
                  subdivisions; 148.513, by adding a subdivision; 
                  148.515, by adding a subdivision; 148.5194, by adding 
                  subdivisions; 148.5195, subdivision 3; 148.5196, 
                  subdivision 1; 148.6445, by adding a subdivision; 
                  148.65, by adding subdivisions; 148.706; 148.75; 
                  148.89, subdivision 5; 148.90, subdivision 1; 148.907, 
                  by adding a subdivision; 148.908, subdivision 2, by 
                  adding a subdivision; 148.909; 148.916, subdivision 2; 
                  148.925, subdivision 6; 148.941, subdivision 2; 
                  148.96, subdivision 3; 148B.53, subdivisions 1, 3; 
                  148B.54, subdivision 2; 148B.59; 148B.60; 148B.61; 
                  148C.03, subdivision 1; 148C.04, subdivisions 3, 4, 6; 
                  148C.091, subdivision 1; 148C.10, subdivision 2; 
                  148C.11, subdivisions 1, 4, 5, 6; 148C.12, subdivision 
                  3, by adding a subdivision; 150A.01, subdivision 6a; 
                  150A.06, subdivision 1a; 150A.10, subdivision 1a; 
                  153A.13, subdivision 5; 153A.14, subdivisions 2h, 2i, 
                  4, 4c, 9; 153A.15, subdivision 1; 153A.20, subdivision 
                  1; 214.01, subdivision 2; 214.06, subdivision 1, by 
                  adding a subdivision; 214.103, subdivision 1; 245.462, 
                  subdivision 18; 245.4871, subdivision 27; 256B.0625, 
                  subdivision 38; 256J.08, subdivision 73a; 319B.02, 
                  subdivision 19; 319B.40; Laws 2003, chapter 118, 
                  section 29, as amended; proposing coding for new law 
                  in Minnesota Statutes, chapters 62J; 62Q; 144E; 148; 
                  148B; 148C; 150A; 153A; 214; proposing coding for new 
                  law as Minnesota Statutes, chapter 148D; repealing 
                  Minnesota Statutes 2004, sections 148B.18; 148B.185; 
                  148B.19; 148B.20; 148B.21; 148B.215; 148B.22; 
                  148B.224; 148B.225; 148B.226; 148B.24; 148B.25; 
                  148B.26; 148B.27; 148B.28; 148B.281; 148B.282; 
                  148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 
                  148B.288; 148B.289; 148C.02; 148C.12, subdivision 4; 
                  153A.14, subdivisions 2a, 8, 10; 153A.19; Minnesota 
                  Rules, parts 4747.0030, subparts 11, 16; 4747.1200; 
                  4747.1300; 5601.0100, subparts 3, 4; 8740.0100; 
                  8740.0110; 8740.0120; 8740.0122; 8740.0130; 8740.0155; 
                  8740.0185; 8740.0187; 8740.0200; 8740.0240; 8740.0260; 
                  8740.0285; 8740.0300; 8740.0310; 8740.0315; 8740.0320; 
                  8740.0325; 8740.0330; 8740.0335; 8740.0340; 8740.0345. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                              BOARD OF SOCIAL WORK 
           Section 1.  Minnesota Statutes 2004, section 13.383, 
        subdivision 10, is amended to read: 
           Subd. 10.  [SOCIAL WORKERS.] (a)  [DISCIPLINARY DATA 
        GENERALLY.] Data held by the Board of Social Work in connection 
        with disciplinary matters are classified under 
        sections 148B.281, subdivisions 2 and 5, and 148B.285 148D.255 
        to 148D.270. 
           (b)  [REPORTS OF VIOLATIONS.] Certain reports of violations 
        submitted to the Board of Social Work are classified 
        under section 148B.284 sections 148D.240 to 148D.250. 
           (c)  [CLIENT RECORDS.] Client records of a patient cared 
        for by a social worker who is under review by the Board of 
        Social Work are classified under sections 148B.282 and 148B.286, 
        subdivision 3 section 148D.230. 
           Sec. 2.  Minnesota Statutes 2004, section 13.411, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SOCIAL WORKERS.] Residence addresses and 
        telephone numbers of social worker licensees are classified 
        under section 148B.285, subdivision 5 chapter 148D. 
           Sec. 3.  Minnesota Statutes 2004, section 144.335, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given them: 
           (a) "Patient" means a natural person who has received 
        health care services from a provider for treatment or 
        examination of a medical, psychiatric, or mental condition, the 
        surviving spouse and parents of a deceased patient, or a person 
        the patient appoints in writing as a representative, including a 
        health care agent acting pursuant to chapter 145C, unless the 
        authority of the agent has been limited by the principal in the 
        principal's health care directive.  Except for minors who have 
        received health care services pursuant to sections 144.341 to 
        144.347, in the case of a minor, patient includes a parent or 
        guardian, or a person acting as a parent or guardian in the 
        absence of a parent or guardian. 
           (b) "Provider" means (1) any person who furnishes health 
        care services and is regulated to furnish the services pursuant 
        to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 
        150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a 
        home care provider licensed under section 144A.46; (3) a health 
        care facility licensed pursuant to this chapter or chapter 144A; 
        (4) a physician assistant registered under chapter 147A; and (5) 
        an unlicensed mental health practitioner regulated pursuant to 
        sections 148B.60 to 148B.71. 
           (c) "Individually identifiable form" means a form in which 
        the patient is or can be identified as the subject of the health 
        records. 
           Sec. 4.  Minnesota Statutes 2004, section 144A.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXEMPTIONS.] The following individuals or 
        organizations are exempt from the requirement to obtain a home 
        care provider license: 
           (1) a person who is licensed as a registered nurse under 
        sections 148.171 to 148.285 and who independently provides 
        nursing services in the home without any contractual or 
        employment relationship to a home care provider or other 
        organization; 
           (2) a personal care assistant who provides services to only 
        one individual under the medical assistance program as 
        authorized under sections 256B.0625, subdivision 19a, and 
        256B.04, subdivision 16; 
           (3) a person or organization that exclusively offers, 
        provides, or arranges for personal care assistant services to 
        only one individual under the medical assistance program as 
        authorized under sections 256B.0625, subdivision 19a, and 
        256B.04, subdivision 16; 
           (4) a person who is licensed under sections 148.65 to 
        148.78 and who independently provides physical therapy services 
        in the home without any contractual or employment relationship 
        to a home care provider or other organization; 
           (5) a provider that is licensed by the commissioner of 
        human services to provide semi-independent living services under 
        Minnesota Rules, parts 9525.0500 to 9525.0660 when providing 
        home care services to a person with a developmental disability; 
           (6) a provider that is licensed by the commissioner of 
        human services to provide home and community-based services 
        under Minnesota Rules, parts 9525.2000 to 9525.2140 when 
        providing home care services to a person with a developmental 
        disability; 
           (7) a person or organization that provides only home 
        management services, if the person or organization is registered 
        under section 144A.461; or 
           (8) a person who is licensed as a social worker under 
        sections 148B.18 to 148B.289 chapter 148D and who provides 
        social work services in the home independently and not through 
        any contractual or employment relationship with a home care 
        provider or other organization. 
           An exemption under this subdivision does not excuse the 
        individual from complying with applicable provisions of the home 
        care bill of rights. 
           Sec. 5.  Minnesota Statutes 2004, section 147.09, is 
        amended to read: 
           147.09 [EXEMPTIONS.] 
           Section 147.081 does not apply to, control, prevent or 
        restrict the practice, service, or activities of:  
           (1) A person who is a commissioned medical officer of, a 
        member of, or employed by, the armed forces of the United 
        States, the United States Public Health Service, the Veterans 
        Administration, any federal institution or any federal agency 
        while engaged in the performance of official duties within this 
        state, if the person is licensed elsewhere.  
           (2) A licensed physician from a state or country who is in 
        actual consultation here.  
           (3) A licensed or registered physician who treats the 
        physician's home state patients or other participating patients 
        while the physicians and those patients are participating 
        together in outdoor recreation in this state as defined by 
        section 86A.03, subdivision 3.  A physician shall first register 
        with the board on a form developed by the board for that 
        purpose.  The board shall not be required to promulgate the 
        contents of that form by rule.  No fee shall be charged for this 
        registration.  
           (4) A student practicing under the direct supervision of a 
        preceptor while the student is enrolled in and regularly 
        attending a recognized medical school.  
           (5) A student who is in continuing training and performing 
        the duties of an intern or resident or engaged in postgraduate 
        work considered by the board to be the equivalent of an 
        internship or residency in any hospital or institution approved 
        for training by the board, provided the student has a residency 
        permit issued by the board under section 147.0391. 
           (6) A person employed in a scientific, sanitary, or 
        teaching capacity by the state university, the Department of 
        Education, a public or private school, college, or other bona 
        fide educational institution, a nonprofit organization, which 
        has tax-exempt status in accordance with the Internal Revenue 
        Code, section 501(c)(3), and is organized and operated primarily 
        for the purpose of conducting scientific research directed 
        towards discovering the causes of and cures for human diseases, 
        or the state Department of Health, whose duties are entirely of 
        a research, public health, or educational character, while 
        engaged in such duties; provided that if the research includes 
        the study of humans, such research shall be conducted under the 
        supervision of one or more physicians licensed under this 
        chapter. 
           (7) Physician's assistants registered in this state.  
           (8) A doctor of osteopathy duly licensed by the state Board 
        of Osteopathy under Minnesota Statutes 1961, sections 148.11 to 
        148.16, prior to May 1, 1963, who has not been granted a license 
        to practice medicine in accordance with this chapter provided 
        that the doctor confines activities within the scope of the 
        license. 
           (9) Any person licensed by a health related licensing 
        board, as defined in section 214.01, subdivision 2, or 
        registered by the commissioner of health pursuant to section 
        214.13, including psychological practitioners with respect to 
        the use of hypnosis; provided that the person confines 
        activities within the scope of the license.  
           (10) A person who practices ritual circumcision pursuant to 
        the requirements or tenets of any established religion. 
           (11) A Christian Scientist or other person who endeavors to 
        prevent or cure disease or suffering exclusively by mental or 
        spiritual means or by prayer. 
           (12) A physician licensed to practice medicine in another 
        state who is in this state for the sole purpose of providing 
        medical services at a competitive athletic event.  The physician 
        may practice medicine only on participants in the athletic 
        event.  A physician shall first register with the board on a 
        form developed by the board for that purpose.  The board shall 
        not be required to adopt the contents of the form by rule.  The 
        physician shall provide evidence satisfactory to the board of a 
        current unrestricted license in another state.  The board shall 
        charge a fee of $50 for the registration.  
           (13) A psychologist licensed under section 148.907 or a 
        social worker licensed under section 148B.21 chapter 148D who 
        uses or supervises the use of a penile or vaginal plethysmograph 
        in assessing and treating individuals suspected of engaging in 
        aberrant sexual behavior and sex offenders. 
           (14) Any person issued a training course certificate or 
        credentialed by the Emergency Medical Services Regulatory Board 
        established in chapter 144E, provided the person confines 
        activities within the scope of training at the certified or 
        credentialed level. 
           (15) An unlicensed complementary and alternative health 
        care practitioner practicing according to chapter 146A. 
           Sec. 6.  [148D.001] [CITATION.] 
           This chapter may be cited as the "Minnesota Board of Social 
        Work Practice Act." 
           Sec. 7.  [148D.010] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For the purpose of this chapter, 
        the terms in this section have the meanings given. 
           Subd. 2.  [APPLICANT.] "Applicant" means a person who 
        submits an application to the board for a new license, a license 
        renewal, a change in license, an inactive license, reactivation 
        of a license, or a voluntary termination. 
           Subd. 3.  [APPLICATION.] "Application" means an application 
        to the board for a new license, a license renewal, a change in 
        license, an inactive license, reactivation of a license, or 
        voluntary termination. 
           Subd. 4.  [BOARD.] "Board" means the Board of Social Work 
        created under section 148D.025. 
           Subd. 5.  [CLIENT.] "Client" means an individual, couple, 
        family, group, community, or organization that receives or has 
        received social work services as described in subdivision 9. 
           Subd. 6.  [CLINICAL PRACTICE.] "Clinical practice" means 
        applying professional social work knowledge, skills, and values 
        in the differential diagnosis and treatment of psychosocial 
        function, disability, or impairment, including addictions and 
        emotional, mental, and behavioral disorders.  Treatment includes 
        a plan based on a differential diagnosis.  Treatment may 
        include, but is not limited to, the provision of psychotherapy 
        to individuals, couples, families, and groups.  Clinical social 
        workers may also provide the services described in subdivision 9.
           Subd. 7.  [INTERN.] "Intern" means a student in field 
        placement working under the supervision or direction of a social 
        worker. 
           Subd. 8.  [PERSON-IN-ENVIRONMENT PERSPECTIVE.] 
        "Person-in-environment perspective" means viewing human 
        behavior, development, and function in the context of one or 
        more of the following:  the environment, social functioning, 
        mental health, and physical health. 
           Subd. 9.  [PRACTICE OF SOCIAL WORK.] "Practice of social 
        work" means working to maintain, restore, or improve behavioral, 
        cognitive, emotional, mental, or social functioning of clients, 
        in a manner that applies accepted professional social work 
        knowledge, skills, and values, including the 
        person-in-environment perspective, by providing in person or 
        through telephone, video conferencing, or electronic means one 
        or more of the social work services described in clauses (1) to 
        (3).  Social work services may address conditions that impair or 
        limit behavioral, cognitive, emotional, mental, or social 
        functioning.  Such conditions include, but are not limited to, 
        the following:  abuse and neglect of children or vulnerable 
        adults, addictions, developmental disorders, disabilities, 
        discrimination, illness, injuries, poverty, and trauma.  Social 
        work services include: 
           (1) providing assessment and intervention through direct 
        contact with clients, developing a plan based on information 
        from an assessment, and providing services which include, but 
        are not limited to, assessment, case management, client-centered 
        advocacy, client education, consultation, counseling, crisis 
        intervention, and referral; 
           (2) providing for the direct or indirect benefit of clients 
        through administrative, educational, policy, or research 
        services including, but not limited to: 
           (i) advocating for policies, programs, or services to 
        improve the well-being of clients; 
           (ii) conducting research related to social work services; 
           (iii) developing and administering programs which provide 
        social work services; 
           (iv) engaging in community organization to address social 
        problems through planned collective action; 
           (v) supervising individuals who provide social work 
        services to clients; 
           (vi) supervising social workers in order to comply with the 
        supervised practice requirements specified in sections 148D.100 
        to 148D.125; and 
           (vii) teaching professional social work knowledge, skills, 
        and values to students; and 
           (3) engaging in clinical practice. 
           Subd. 10.  [PROFESSIONAL NAME.] "Professional name" means 
        the name a licensed social worker uses in making representations 
        of the social worker's professional status to the public and 
        which has been designated to the board in writing pursuant to 
        section 148D.090. 
           Subd. 11.  [PROFESSIONAL SOCIAL WORK KNOWLEDGE, SKILLS, AND 
        VALUES.] "Professional social work knowledge, skills, and values"
        means the knowledge, skills, and values taught in programs 
        accredited by the Council on Social Work Education, the Canadian 
        Association of Schools of Social Work, or a similar 
        accreditation body designated by the board.  Professional social 
        work knowledge, skills, and values include, but are not limited 
        to, principles of person-in-environment and the values, 
        principles, and standards described in the Code of Ethics of the 
        National Association of Social Workers. 
           Subd. 12.  [SEXUAL CONDUCT.] "Sexual conduct" means any 
        physical contact or conduct that may be reasonably interpreted 
        as sexual, or any oral, written, electronic, or other 
        communication that suggests engaging in physical contact or 
        conduct that may be reasonably interpreted as sexual. 
           Subd. 13.  [SOCIAL WORKER.] "Social worker" means an 
        individual who: 
           (1) is licensed as a social worker; or 
           (2) has obtained a social work degree from a program 
        accredited by the Council on Social Work Education, the Canadian 
        Association of Schools of Social Work, or a similar 
        accreditation body designated by the board and engages in the 
        practice of social work. 
           Subd. 14.  [STUDENT.] "Student" means an individual who is 
        taught professional social work knowledge, skills, and values in 
        a program that has been accredited by the Council on Social Work 
        Education, the Canadian Association of Schools of Social Work, 
        or a similar accreditation body designated by the board. 
           Subd. 15.  [SUPERVISEE.] "Supervisee" means an individual 
        provided evaluation and supervision or direction by a social 
        worker. 
           Subd. 16.  [SUPERVISION.] "Supervision" means a 
        professional relationship between a supervisor and a social 
        worker in which the supervisor provides evaluation and direction 
        of the services provided by the social worker to promote 
        competent and ethical services to clients through the continuing 
        development of the social worker's knowledge and application of 
        accepted professional social work knowledge, skills, and values. 
           Sec. 8.  [148D.015] [SCOPE.] 
           This chapter applies to all applicants and licensees, all 
        persons who use the title social worker, and all persons in or 
        out of this state who provide social work services to clients 
        who reside in this state unless there are specific applicable 
        exemptions provided by law. 
           Sec. 9.  [148D.020] [CHAPTER 214.] 
           Chapter 214 applies to the Board of Social Work unless 
        superseded by this chapter. 
           Sec. 10.  [148D.025] [BOARD OF SOCIAL WORK.] 
           Subdivision 1.  [CREATION.] The Board of Social Work 
        consists of 15 members appointed by the governor.  The members 
        are: 
           (1) ten social workers licensed pursuant to section 
        148D.055; and 
           (2) five public members as defined in section 214.02. 
           Subd. 2.  [QUALIFICATIONS OF BOARD MEMBERS.] (a) All social 
        worker members must have engaged in the practice of social work 
        in Minnesota for at least one year during the ten years 
        preceding their appointments. 
           (b) Five social worker members must be licensed social 
        workers.  The other five members must be a licensed graduate 
        social worker, a licensed independent social worker, or a 
        licensed independent clinical social worker. 
           (c) Eight social worker members must be engaged at the time 
        of their appointment in the practice of social work in Minnesota 
        in the following settings: 
           (1) one member must be engaged in the practice of social 
        work in a county agency; 
           (2) one member must be engaged in the practice of social 
        work in a state agency; 
           (3) one member must be engaged in the practice of social 
        work in an elementary, middle, or secondary school; 
           (4) one member must be employed in a hospital or nursing 
        home licensed under chapter 144 or 144A; 
           (5) two members must be engaged in the practice of social 
        work in a private agency; 
           (6) one member must be engaged in the practice of social 
        work in a clinical social work setting; and 
           (7) one member must be an educator engaged in regular 
        teaching duties at a program of social work accredited by the 
        Council on Social Work Education or a similar accreditation body 
        designated by the board. 
           (d) At the time of their appointments, at least six members 
        must reside outside of the seven-county metropolitan area. 
           (e) At the time of their appointments, at least five 
        members must be persons with expertise in communities of color. 
           Subd. 3.  [OFFICERS.] The board must annually elect from 
        its membership a chair, vice-chair, and secretary-treasurer. 
           Subd. 4.  [BYLAWS.] The board must adopt bylaws to govern 
        its proceedings. 
           Subd. 5.  [EXECUTIVE DIRECTOR.] The board must appoint and 
        employ an executive director who is not a member of the board.  
        The employment of the executive director shall be subject to the 
        terms described in section 214.04, subdivision 2a. 
           Sec. 11.  [148D.030] [DUTIES OF THE BOARD.] 
           Subdivision 1.  [DUTIES.] The board must perform the duties 
        necessary to promote and protect the public health, safety, and 
        welfare through the licensure and regulation of persons who 
        practice social work in this state.  These duties include, but 
        are not limited to: 
           (1) establishing the qualifications and procedures for 
        individuals to be licensed as social workers; 
           (2) establishing standards of practice for social workers; 
           (3) holding examinations or contracting with the 
        Association of Social Work Boards or a similar examination body 
        designated by the board to hold examinations to assess 
        applicants' qualifications; 
           (4) issuing licenses to qualified individuals pursuant to 
        sections 148D.055 and 148D.060; 
           (5) taking disciplinary, adversarial, corrective, or other 
        action pursuant to sections 148D.255 to 148D.270 when an 
        individual violates the requirements of this chapter; 
           (6) assessing fees pursuant to sections 148D.175 and 
        148D.180; and 
           (7) educating social workers and the public on the 
        requirements of the board. 
           Subd. 2.  [RULES.] The board may adopt and enforce rules to 
        carry out the duties specified in subdivision 1. 
           Sec. 12.  [148D.035] [VARIANCES.] 
           If the effect of a requirement pursuant to this chapter is 
        unreasonable, impossible to execute, absurd, or would impose an 
        extreme hardship on a licensee, the board may grant a variance 
        if the variance is consistent with promoting and protecting the 
        public health, safety, and welfare.  A variance must not be 
        granted for core licensing standards such as substantive 
        educational and examination requirements. 
           Sec. 13.  [148D.040] [IMMUNITY.] 
           Board members, board employees, and persons engaged on 
        behalf of the board are immune from civil liability for any 
        actions, transactions, or publications in the lawful execution 
        of or relating to their duties under this chapter. 
           Sec. 14.  [148D.045] [CONTESTED CASE HEARING.] 
           An applicant or a licensee who is the subject of a 
        disciplinary or adversarial action by the board pursuant to this 
        chapter may request a contested case hearing under sections 
        14.57 to 14.62.  An applicant or a licensee who desires to 
        request a contested case hearing must submit a written request 
        to the board within 90 days after the date on which the board 
        mailed the notification of the adverse action, except as 
        otherwise provided in this chapter. 
           Sec. 15.  [148D.050] [LICENSING; SCOPE OF PRACTICE.] 
           Subdivision 1.  [REQUIREMENTS.] The practice of social work 
        must comply with the requirements of subdivision 2, 3, 4, or 5. 
           Subd. 2.  [LICENSED SOCIAL WORKER.] A licensed social 
        worker may engage in social work practice except that a licensed 
        social worker must not engage in clinical practice. 
           Subd. 3.  [LICENSED GRADUATE SOCIAL WORKER.] A licensed 
        graduate social worker may engage in social work practice except 
        that a licensed graduate social worker must not engage in 
        clinical practice except under the supervision of a licensed 
        independent clinical social worker or an alternate supervisor 
        pursuant to section 148D.120. 
           Subd. 4.  [LICENSED INDEPENDENT SOCIAL WORKER.] A licensed 
        independent social worker may engage in social work practice 
        except that a licensed independent social worker must not engage 
        in clinical practice except under the supervision of a licensed 
        independent clinical social worker or an alternate supervisor 
        pursuant to section 148D.120. 
           Subd. 5.  [LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] A 
        licensed independent clinical social worker may engage in social 
        work practice, including clinical practice. 
           Sec. 16.  [148D.055] [LICENSE REQUIREMENTS.] 
           Subdivision 1.  [LICENSE REQUIRED.] (a) In order to 
        practice social work, an individual must have a social work 
        license under this section or section 148D.060, except when the 
        individual is exempt from licensure pursuant to section 148D.065.
           (b) Individuals who teach professional social work 
        knowledge, skills, and values to students and who have a social 
        work degree from a program accredited by the Council on Social 
        Work Education, the Canadian Association of Schools of Social 
        Work, or a similar accreditation body designated by the board 
        must have a social work license under this section or section 
        148D.060, except when the individual is exempt from licensure 
        pursuant to section 148D.065. 
           Subd. 2.  [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 
        LICENSED SOCIAL WORKER.] (a) Except as provided in paragraph 
        (i), to be licensed as a licensed social worker, an applicant 
        for licensure by examination must provide evidence satisfactory 
        to the board that the applicant: 
           (1) has received a baccalaureate degree in social work from 
        a program accredited by the Council on Social Work Education, 
        the Canadian Association of Schools of Social Work, or a similar 
        accreditation body designated by the board; 
           (2) has passed the bachelors or equivalent examination 
        administered by the Association of Social Work Boards or a 
        similar examination body designated by the board.  Unless an 
        applicant applies for licensure by endorsement pursuant to 
        subdivision 7, an examination is not valid if it was taken and 
        passed eight or more years prior to submitting a completed, 
        signed application form provided by the board.  The examination 
        may be taken prior to completing degree requirements; 
           (3) has submitted a completed, signed application form 
        provided by the board, including the applicable application fee 
        specified in section 148D.180.  For applications submitted 
        electronically, a "signed application" means providing an 
        attestation as specified by the board; 
           (4) has submitted the criminal background check fee and a 
        form provided by the board authorizing a criminal background 
        check pursuant to subdivision 8; 
           (5) has paid the applicable license fee specified in 
        section 148D.180; and 
           (6) has not engaged in conduct that was or would be in 
        violation of the standards of practice specified in sections 
        148D.195 to 148D.240.  If the applicant has engaged in conduct 
        that was or would be in violation of the standards of practice, 
        the board may take action pursuant to sections 148D.255 to 
        148D.270. 
           (b) An application that is not completed and signed, or 
        that is not accompanied by the correct fee, must be returned to 
        the applicant, along with any fee submitted, and is void. 
           (c) A licensee granted a license by the board pursuant to 
        paragraph (a) must meet the supervised practice requirements 
        specified in sections 148D.100 to 148D.125.  If a licensee does 
        not meet the supervised practice requirements, the board may 
        take action pursuant to sections 148D.255 to 148D.270. 
           (d) By submitting an application for licensure, an 
        applicant authorizes the board to investigate any information 
        provided or requested in the application.  The board may request 
        that the applicant provide additional information, verification, 
        or documentation. 
           (e) Within one year of the time the board receives an 
        application for licensure, the applicant must meet all the 
        requirements specified in paragraph (a) and must provide all of 
        the information requested by the board pursuant to paragraph 
        (d).  If within one year the applicant does not meet all the 
        requirements, or does not provide all of the information 
        requested, the applicant is considered ineligible and the 
        application for licensure must be closed. 
           (f) Except as provided in paragraph (g), an applicant may 
        not take more than three times the bachelors or equivalent 
        examination administered by the Association of Social Work 
        Boards, or a similar examination body designated by the board.  
        An applicant must receive a passing score on the bachelors or 
        equivalent examination administered by the Association of Social 
        Work Boards or a similar examination body designated by the 
        board in no more than 18 months after the date the applicant 
        first failed the examination. 
           (g) Notwithstanding paragraph (f), the board may allow an 
        applicant to take, for a fourth or subsequent time, the 
        bachelors or equivalent examination administered by the 
        Association of Social Work Boards or a similar examination body 
        designated by the board if the applicant: 
           (1) meets all requirements specified in paragraphs (a) to 
        (e) other than passing the bachelors or equivalent examination 
        administered by the Association of Social Work Boards or a 
        similar examination body designated by the board; 
           (2) provides to the board a description of the efforts the 
        applicant has made to improve the applicant's score and 
        demonstrates to the board's satisfaction that the efforts are 
        likely to improve the score; and 
           (3) provides to the board letters of recommendation from 
        two licensed social workers attesting to the applicant's ability 
        to practice social work competently and ethically in accordance 
        with professional social work knowledge, skills, and values. 
           (h) An individual must not practice social work until the 
        individual passes the examination and receives a social work 
        license under this section or section 148D.060.  If the board 
        has reason to believe that an applicant may be practicing social 
        work without a license, and the applicant has failed the 
        bachelors or equivalent examination administered by the 
        Association of Social Work Boards or a similar examination body 
        designated by the board, the board may notify the applicant's 
        employer that the applicant is not licensed as a social worker. 
           (i) An applicant who was born in a foreign country, who has 
        taken and failed to pass the examination specified in paragraph 
        (a), clause (2), at least once since January 1, 2000, and for 
        whom English is a second language, is eligible for licensure as 
        a social worker if the applicant: 
           (1) provides evidence to the board of compliance with the 
        requirements in paragraph (a), clauses (1) and (3) to (6), and 
        in paragraphs (b) to (e) and (h); and 
           (2) provides to the board letters of recommendation and 
        experience ratings from two licensed social workers and one 
        professor from the applicant's social work program who can 
        attest to the applicant's competence. 
        This paragraph expires August 1, 2007. 
           Subd. 3.  [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 
        LICENSED GRADUATE SOCIAL WORKER.] (a) Except as provided in 
        paragraph (i), to be licensed as a licensed graduate social 
        worker, an applicant for licensure by examination must provide 
        evidence satisfactory to the board that the applicant: 
           (1) has received a graduate degree in social work from a 
        program accredited by the Council on Social Work Education, the 
        Canadian Association of Schools of Social Work, or a similar 
        accreditation body designated by the board; 
           (2) has passed the masters or equivalent examination 
        administered by the Association of Social Work Boards or a 
        similar examination body designated by the board.  Unless an 
        applicant applies for licensure by endorsement pursuant to 
        section 148D.055, subdivision 7, an examination is not valid if 
        it was taken and passed eight or more years prior to submitting 
        a completed, signed application form provided by the board.  The 
        examination may be taken prior to completing degree 
        requirements; 
           (3) has submitted a completed, signed application form 
        provided by the board, including the applicable application fee 
        specified in section 148D.180.  For applications submitted 
        electronically, a "signed application" means providing an 
        attestation as specified by the board; 
           (4) has submitted the criminal background check fee and a 
        form provided by the board authorizing a criminal background 
        check pursuant to subdivision 8; 
           (5) has paid the applicable license fee specified in 
        section 148D.180; and 
           (6) has not engaged in conduct that was or would be in 
        violation of the standards of practice specified in sections 
        148D.195 to 148D.240.  If the applicant has engaged in conduct 
        that was or would be in violation of the standards of practice, 
        the board may take action pursuant to sections 148D.255 to 
        148D.270. 
           (b) An application which is not completed and signed, or 
        which is not accompanied by the correct fee, must be returned to 
        the applicant, along with any fee submitted, and is void. 
           (c) A licensee granted a license by the board pursuant to 
        paragraph (a) must meet the supervised practice requirements 
        specified in sections 148D.100 to 148D.125.  If a licensee does 
        not meet the supervised practice requirements, the board may 
        take action pursuant to sections 148D.255 to 148D.270. 
           (d) By submitting an application for licensure, an 
        applicant authorizes the board to investigate any information 
        provided or requested in the application.  The board may request 
        that the applicant provide additional information, verification, 
        or documentation. 
           (e) Within one year of the time the board receives an 
        application for licensure, the applicant must meet all the 
        requirements specified in paragraph (a) and must provide all of 
        the information requested by the board pursuant to paragraph 
        (d).  If within one year the applicant does not meet all the 
        requirements, or does not provide all of the information 
        requested, the applicant is considered ineligible and the 
        application for licensure must be closed. 
           (f) Except as provided in paragraph (g), an applicant may 
        not take more than three times the masters or equivalent 
        examination administered by the Association of Social Work 
        Boards or a similar examination body designated by the board.  
        An applicant must receive a passing score on the masters or 
        equivalent examination administered by the Association of Social 
        Work Boards or a similar examination body designated by the 
        board in no more than 18 months after the date the applicant 
        first failed the examination. 
           (g) Notwithstanding paragraph (f), the board may allow an 
        applicant to take, for a fourth or subsequent time, the masters 
        or equivalent examination administered by the Association of 
        Social Work Boards or a similar examination body designated by 
        the board if the applicant: 
           (1) meets all requirements specified in paragraphs (a) to 
        (e) other than passing the masters or equivalent examination 
        administered by the Association of Social Work boards or a 
        similar examination body designated by the board; 
           (2) provides to the board a description of the efforts the 
        applicant has made to improve the applicant's score and 
        demonstrates to the board's satisfaction that the efforts are 
        likely to improve the score; and 
           (3) provides to the board letters of recommendation from 
        two licensed social workers attesting to the applicant's ability 
        to practice social work competently and ethically in accordance 
        with professional social work knowledge, skills, and values. 
           (h) An individual must not practice social work until the 
        individual passes the examination and receives a social work 
        license under this section or section 148D.060.  If the board 
        has reason to believe that an applicant may be practicing social 
        work without a license, and the applicant has failed the masters 
        or equivalent examination administered by the Association of 
        Social Work Boards or a similar examination body designated by 
        the board, the board may notify the applicant's employer that 
        the applicant is not licensed as a social worker. 
           (i) An applicant who was born in a foreign country, who has 
        taken and failed to pass the examination specified in paragraph 
        (a), clause (2), at least once since January 1, 2000, and for 
        whom English is a second language, is eligible for licensure as 
        a social worker if the applicant: 
           (1) provides evidence to the board of compliance with the 
        requirements in paragraph (a), clauses (1) and (3) to (6), and 
        in paragraphs (b) to (e) and (h); and 
           (2) provides to the board letters of recommendation and 
        experience ratings from two licensed social workers and one 
        professor from the applicant's social work program who can 
        attest to the applicant's competence. 
        This paragraph expires August 1, 2007. 
           Subd. 4.  [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 
        LICENSED INDEPENDENT SOCIAL WORKER.] (a) Except as provided in 
        paragraph (i), to be licensed as a licensed independent social 
        worker, an applicant for licensure by examination must provide 
        evidence satisfactory to the board that the applicant: 
           (1) has received a graduate degree in social work from a 
        program accredited by the Council on Social Work Education, the 
        Canadian Association of Schools of Social Work, or a similar 
        accreditation body designated by the board; 
           (2) has practiced social work as defined in section 
        148D.010, and has met the supervised practice requirements 
        specified in sections 148D.100 to 148D.125; 
           (3) has passed the advanced generalist or equivalent 
        examination administered by the Association of Social Work 
        Boards or a similar examination body designated by the board.  
        Unless an applicant applies for licensure by endorsement 
        pursuant to subdivision 7, an examination is not valid if it was 
        taken and passed eight or more years prior to submitting a 
        completed, signed application form provided by the board; 
           (4) has submitted a completed, signed application form 
        provided by the board, including the applicable application fee 
        specified in section 148D.180.  For applications submitted 
        electronically, a "signed application" means providing an 
        attestation as specified by the board; 
           (5) has submitted the criminal background check fee and a 
        form provided by the board authorizing a criminal background 
        check pursuant to subdivision 8; 
           (6) has paid the applicable license fee specified in 
        section 148D.180; and 
           (7) has not engaged in conduct that was or would be in 
        violation of the standards of practice specified in sections 
        148D.195 to 148D.240.  If the applicant has engaged in conduct 
        that was or would be in violation of the standards of practice, 
        the board may take action pursuant to sections 148D.255 to 
        148D.270. 
           (b) An application which is not completed and signed, or 
        which is not accompanied by the correct fee, must be returned to 
        the applicant, along with any fee submitted, and is void. 
           (c) A licensed independent social worker who practices 
        clinical social work must meet the supervised practice 
        requirements specified in sections 148D.100 to 148D.125.  If a 
        licensee does not meet the supervised practice requirements, the 
        board may take action pursuant to sections 148D.255 to 148D.270. 
           (d) By submitting an application for licensure, an 
        applicant authorizes the board to investigate any information 
        provided or requested in the application.  The board may request 
        that the applicant provide additional information, verification, 
        or documentation. 
           (e) Within one year of the time the board receives an 
        application for licensure, the applicant must meet all the 
        requirements specified in paragraph (a) and must provide all of 
        the information requested by the board pursuant to paragraph 
        (d).  If within one year the applicant does not meet all the 
        requirements, or does not provide all of the information 
        requested, the applicant is considered ineligible and the 
        application for licensure must be closed. 
           (f) Except as provided in paragraph (g), an applicant may 
        not take more than three times the advanced generalist or 
        equivalent examination administered by the Association of Social 
        Work Boards or a similar examination body designated by the 
        board.  An applicant must receive a passing score on the masters 
        or equivalent examination administered by the Association of 
        Social Work Boards or a similar examination body designated by 
        the board in no more than 18 months after the first time the 
        applicant failed the examination. 
           (g) Notwithstanding paragraph (f), the board may allow an 
        applicant to take, for a fourth or subsequent time, the advanced 
        generalist or equivalent examination administered by the 
        Association of Social Work Boards or a similar examination body 
        designated by the board if the applicant: 
           (1) meets all requirements specified in paragraphs (a) to 
        (e) other than passing the advanced generalist or equivalent 
        examination administered by the Association of Social Work 
        Boards or a similar examination body designated by the board; 
           (2) provides to the board a description of the efforts the 
        applicant has made to improve the applicant's score and 
        demonstrates to the board's satisfaction that the efforts are 
        likely to improve the score; and 
           (3) provides to the board letters of recommendation from 
        two licensed social workers attesting to the applicant's ability 
        to practice social work competently and ethically in accordance 
        with professional social work knowledge, skills, and values. 
           (h) An individual must not practice social work until the 
        individual passes the examination and receives a social work 
        license under this section or section 148D.060.  If the board 
        has reason to believe that an applicant may be practicing social 
        work without a license, except as provided in section 148D.065, 
        and the applicant has failed the advanced generalist or 
        equivalent examination administered by the Association of Social 
        Work Boards or a similar examination body designated by the 
        board, the board may notify the applicant's employer that the 
        applicant is not licensed as a social worker. 
           (i) An applicant who was born in a foreign country, who has 
        taken and failed to pass the examination specified in paragraph 
        (a), clause (3), at least once since January 1, 2000, and for 
        whom English is a second language, is eligible for licensure as 
        a social worker if the applicant: 
           (1) provides evidence to the board of compliance with the 
        requirements in paragraph (a), clauses (1), (2), and (4) to (7), 
        and in paragraphs (b) to (e) and (h); and 
           (2) provides to the board letters of recommendation and 
        experience ratings from two licensed social workers and one 
        professor from the applicant's social work program who can 
        attest to the applicant's competence. 
        This paragraph expires August 1, 2007. 
           Subd. 5.  [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 
        LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] (a) Except as 
        provided in paragraph (h), to be licensed as a licensed 
        independent clinical social worker, an applicant for licensure 
        by examination must provide evidence satisfactory to the board 
        that the applicant: 
           (1) has received a graduate degree in social work from a 
        program accredited by the Council on Social Work Education, the 
        Canadian Association of Schools of Social Work, or a similar 
        accreditation body designated by the board; 
           (2) has practiced clinical social work as defined in 
        section 148D.010, including both diagnosis and treatment, and 
        has met the supervised practice requirements specified in 
        sections 148D.100 to 148D.125; 
           (3) has passed the clinical or equivalent examination 
        administered by the Association of Social Work Boards or a 
        similar examination body designated by the board.  Unless an 
        applicant applies for licensure by endorsement pursuant to 
        subdivision 7, an examination is not valid if it was taken and 
        passed eight or more years prior to submitting a completed, 
        signed application form provided by the board; 
           (4) has submitted a completed, signed application form 
        provided by the board, including the applicable application fee 
        specified in section 148D.180.  For applications submitted 
        electronically, a "signed application" means providing an 
        attestation as specified by the board; 
           (5) has submitted the criminal background check fee and a 
        form provided by the board authorizing a criminal background 
        check pursuant to subdivision 8; 
           (6) has paid the license fee specified in section 148D.180; 
        and 
           (7) has not engaged in conduct that was or would be in 
        violation of the standards of practice specified in sections 
        148D.195 to 148D.240.  If the applicant has engaged in conduct 
        that was or would be in violation of the standards of practice, 
        the board may take action pursuant to sections 148D.255 to 
        148D.270. 
           (b) An application which is not completed and signed, or 
        which is not accompanied by the correct fee, must be returned to 
        the applicant, along with any fee submitted, and is void. 
           (c) By submitting an application for licensure, an 
        applicant authorizes the board to investigate any information 
        provided or requested in the application.  The board may request 
        that the applicant provide additional information, verification, 
        or documentation. 
           (d) Within one year of the time the board receives an 
        application for licensure, the applicant must meet all the 
        requirements specified in paragraph (a) and must provide all of 
        the information requested by the board pursuant to paragraph 
        (c).  If within one year the applicant does not meet all the 
        requirements, or does not provide all of the information 
        requested, the applicant is considered ineligible and the 
        application for licensure must be closed. 
           (e) Except as provided in paragraph (f), an applicant may 
        not take more than three times the clinical or equivalent 
        examination administered by the Association of Social Work 
        Boards or a similar examination body designated by the board.  
        An applicant must receive a passing score on the clinical or 
        equivalent examination administered by the Association of Social 
        Work Boards or a similar examination body designated by the 
        board no later than 18 months after the first time the applicant 
        failed the examination.  
           (f) Notwithstanding paragraph (e), the board may allow an 
        applicant to take, for a fourth or subsequent time, the clinical 
        or equivalent examination administered by the Association of 
        Social Work Boards or a similar examination body designated by 
        the board if the applicant: 
           (1) meets all requirements specified in paragraphs (a) to 
        (d) other than passing the clinical or equivalent examination 
        administered by the Association of Social Work Boards or a 
        similar examination body designated by the board; 
           (2) provides to the board a description of the efforts the 
        applicant has made to improve the applicant's score and 
        demonstrates to the board's satisfaction that the efforts are 
        likely to improve the score; and 
           (3) provides to the board letters of recommendation from 
        two licensed social workers attesting to the applicant's ability 
        to practice social work competently and ethically in accordance 
        with professional social work knowledge, skills, and values. 
           (g) An individual must not practice social work until the 
        individual passes the examination and receives a social work 
        license under this section or section 148D.060.  If the board 
        has reason to believe that an applicant may be practicing social 
        work without a license, and the applicant has failed the 
        clinical or equivalent examination administered by the 
        Association of Social Work Boards or a similar examination body 
        designated by the board, the board may notify the applicant's 
        employer that the applicant is not licensed as a social worker. 
           (h) An applicant who was born in a foreign country, who has 
        taken and failed to pass the examination specified in paragraph 
        (a), clause (3), at least once since January 1, 2000, and for 
        whom English is a second language, is eligible for licensure as 
        a social worker if the applicant: 
           (1) provides evidence to the board of compliance with the 
        requirements in paragraph (a), clauses (1), (2), and (4) to (7), 
        and paragraphs (b) to (d) and (g); and 
           (2) provides to the board letters of recommendation and 
        experience ratings from two licensed social workers and one 
        professor from the applicant's social work program who can 
        attest to the applicant's competence. 
        This paragraph expires August 1, 2007. 
           Subd. 6.  [DEGREES FROM OUTSIDE THE UNITED STATES OR 
        CANADA.] If an applicant receives a degree from a program 
        outside the United States or Canada that is not accredited by 
        the Council on Social Work Education, the Canadian Association 
        of Schools of Social Work, or a similar examination body 
        designated by the board, the degree does not fulfill the 
        requirements specified in subdivision 2, paragraph (a), clause 
        (1); 3, paragraph (a), clause (1); 4, paragraph (a), clause (1); 
        or 5, paragraph (a), clause (1), unless the Council on Social 
        Work Education or a similar accreditation body designated by the 
        board has determined through the council's international 
        equivalency determination service that the degree earned is 
        equivalent to the degree required. 
           Subd. 7.  [LICENSURE BY ENDORSEMENT.] (a) An applicant for 
        licensure by endorsement must hold a current license or 
        credential to practice social work in another jurisdiction. 
           (b) An applicant for licensure by endorsement who meets the 
        qualifications of paragraph (a) and who demonstrates to the 
        satisfaction of the board that the applicant passed the 
        examination administered by the Association of Social Work 
        Boards or a similar examination body designated by the board for 
        the applicable license in Minnesota is not required to retake 
        the licensing examination. 
           (c) An application for licensure by endorsement must meet 
        the applicable license requirements specified in subdivisions 1 
        to 6 and submit the licensure by endorsement application fee 
        specified in section 148D.180. 
           Subd. 8.  [CRIMINAL BACKGROUND CHECKS.] (a) Except as 
        provided in paragraph (b), an initial license application must 
        be accompanied by: 
           (1) a form provided by the board authorizing the board to 
        complete a criminal background check; and 
           (2) the criminal background check fee specified by the 
        Bureau of Criminal Apprehension.  
           Criminal background check fees collected by the board must 
        be used to reimburse the Bureau of Criminal Apprehension for the 
        criminal background checks. 
           (b) An applicant who has previously submitted a license 
        application authorizing the board to complete a criminal 
        background check is exempt from the requirement specified in 
        paragraph (a). 
           (c) If a criminal background check indicates that an 
        applicant has engaged in criminal behavior, the board may take 
        action pursuant to sections 148D.255 to 148D.270. 
           Subd. 9.  [EFFECTIVE DATE.] The effective date of an 
        initial license is the day on which the board receives the 
        applicable license fee from an applicant approved for licensure. 
           Subd. 10.  [EXPIRATION DATE.] The expiration date of an 
        initial license is the last day of the licensee's birth month in 
        the second calendar year following the effective date of the 
        initial license. 
           Subd. 11.  [CHANGE IN LICENSE.] (a) A licensee who changes 
        from a licensed social worker to a licensed graduate social 
        worker, or from a licensed graduate social worker to a licensed 
        independent social worker, or from a licensed graduate social 
        worker or licensed independent social worker to a licensed 
        independent clinical social worker, must pay the prorated share 
        of the fee for the new license. 
           (b) The effective date of the new license is the day on 
        which the board receives the applicable license fee from an 
        applicant approved for the new license. 
           (c) The expiration date of the new license is the same date 
        as the expiration date of the license held by the licensee prior 
        to the change in the license. 
           Sec. 17.  [148D.060] [TEMPORARY LICENSES.] 
           Subdivision 1.  [STUDENTS AND OTHER PERSONS NOT CURRENTLY 
        LICENSED IN ANOTHER JURISDICTION.] The board may issue a 
        temporary license to practice social work to an applicant who is 
        not licensed or credentialed to practice social work in any 
        jurisdiction but has: 
           (1) applied for a license under section 148D.055; 
           (2) applied for a temporary license on a form provided by 
        the board; 
           (3) submitted a form provided by the board authorizing the 
        board to complete a criminal background check; 
           (4) passed the applicable licensure examination provided 
        for in section 148D.055; 
           (5) attested on a form provided by the board that the 
        applicant has completed the requirements for a baccalaureate or 
        graduate degree in social work from a program accredited by the 
        Council on Social Work Education, the Canadian Association of 
        Schools of Social Work, or a similar accreditation body 
        designated by the board; and 
           (6) not engaged in conduct that was or would be in 
        violation of the standards of practice specified in sections 
        148D.195 to 148D.240.  If the applicant has engaged in conduct 
        that was or would be in violation of the standards of practice, 
        the board may take action pursuant to sections 148D.255 to 
        148D.270. 
           Subd. 2.  [EMERGENCY SITUATIONS AND PERSONS CURRENTLY 
        LICENSED IN ANOTHER JURISDICTION.] The board may issue a 
        temporary license to practice social work to an applicant who is 
        licensed or credentialed to practice social work in another 
        jurisdiction, may or may not have applied for a license under 
        section 148D.055, and has: 
           (1) applied for a temporary license on a form provided by 
        the board; 
           (2) submitted a form provided by the board authorizing the 
        board to complete a criminal background check; 
           (3) submitted evidence satisfactory to the board that the 
        applicant is currently licensed or credentialed to practice 
        social work in another jurisdiction; 
           (4) attested on a form provided by the board that the 
        applicant has completed the requirements for a baccalaureate or 
        graduate degree in social work from a program accredited by the 
        Council on Social Work Education, the Canadian Association of 
        Schools of Social Work, or a similar accreditation body 
        designated by the board; and 
           (5) not engaged in conduct that was or would be in 
        violation of the standards of practice specified in sections 
        148D.195 to 148D.240.  If the applicant has engaged in conduct 
        that was or would be in violation of the standards of practice, 
        the board may take action pursuant to sections 148D.255 to 
        148D.270. 
           Subd. 3.  [TEACHERS.] The board may issue a temporary 
        license to practice social work to an applicant whose permanent 
        residence is outside the United States, who is teaching social 
        work at an academic institution in Minnesota for a period not to 
        exceed 12 months, who may or may not have applied for a license 
        under section 148D.055, and who has: 
           (1) applied for a temporary license on a form provided by 
        the board; 
           (2) submitted a form provided by the board authorizing the 
        board to complete a criminal background check; 
           (3) attested on a form provided by the board that the 
        applicant has completed the requirements for a baccalaureate or 
        graduate degree in social work; and 
           (4) has not engaged in conduct that was or would be in 
        violation of the standards of practice specified in sections 
        148D.195 to 148D.240.  If the applicant has engaged in conduct 
        that was or would be in violation of the standards of practice, 
        the board may take action pursuant to sections 148D.255 to 
        148D.270. 
           Subd. 4.  [TEMPORARY LICENSE APPLICATION FEE.] An applicant 
        for a temporary license must pay the application fee described 
        in section 148D.180 plus the required fee for the cost of the 
        criminal background check.  Only one fee for the cost of the 
        criminal background check must be submitted when the applicant 
        is applying for both a temporary license and a license under 
        section 148D.055. 
           Subd. 5.  [TEMPORARY LICENSE TERM.] (a) A temporary license 
        is valid until expiration, or until the board issues or denies 
        the license pursuant to section 148D.055, or until the board 
        revokes the temporary license, whichever comes first.  A 
        temporary license is nonrenewable. 
           (b) A temporary license issued pursuant to subdivision 1 or 
        2 expires after six months. 
           (c) A temporary license issued pursuant to subdivision 3 
        expires after 12 months. 
           Subd. 6.  [LICENSEE WITH A TEMPORARY LICENSE WHO HAS 
        COMPLETED REQUIREMENTS FOR A BACCALAUREATE DEGREE.] A licensee 
        with a temporary license who has provided evidence to the board 
        that the licensee has completed the requirements for a 
        baccalaureate degree in social work from a program accredited by 
        the Council on Social Work Education, the Canadian Association 
        of Schools of Social Work, or a similar accreditation body 
        designated by the board may temporarily engage in social work 
        practice except that a licensee with a temporary license may not 
        engage in clinical social work practice. 
           Subd. 7.  [LICENSEE WITH A TEMPORARY LICENSE WHO HAS 
        COMPLETED REQUIREMENTS FOR A GRADUATE DEGREE.] A licensee with a 
        temporary license who has provided evidence to the board that 
        the licensee has completed the requirements for a graduate 
        degree in social work from a program accredited by the Council 
        on Social Work Education, the Canadian Association of Schools of 
        Social Work, or a similar accreditation body designated by the 
        board may temporarily engage in social work practice, including 
        clinical practice. 
           Subd. 8.  [SUPERVISION REQUIREMENTS.] (a) Except as 
        provided in paragraph (b), an applicant who is not currently 
        licensed or credentialed to practice social work in another 
        jurisdiction and who obtains a temporary license may practice 
        social work only under the supervision of an individual licensed 
        as a social worker who is eligible to provide supervision under 
        sections 148D.100 to 148D.125.  Before the applicant is approved 
        for licensure, the applicant's supervisor must attest to the 
        board's satisfaction that the applicant has practiced social 
        work under supervision.  This supervision applies toward the 
        supervision required after licensure. 
           (b) If an applicant is currently licensed or credentialed 
        to practice social work in another jurisdiction, and receives a 
        temporary license pursuant to subdivision 3, the requirements 
        specified in paragraph (a) do not apply.  However, if an 
        applicant with a temporary license chooses to practice social 
        work under supervision, the supervision applies to the 
        requirements specified in sections 148D.100 to 148D.125. 
           Subd. 9.  [PROHIBITION ON PRACTICE.] An applicant for a 
        temporary license must not practice social work in Minnesota, 
        except as provided in section 148D.065, until the applicant has 
        been granted a temporary license. 
           Subd. 10.  [REPRESENTATION OF PROFESSIONAL STATUS.] In 
        making representations of professional status to the public, a 
        licensee with a temporary license must state that the licensee 
        has a temporary license. 
           Subd. 11.  [STANDARDS OF PRACTICE.] A licensee with a 
        temporary license must conduct all professional activities as a 
        social worker in accordance with the requirements of sections 
        148D.195 to 148D.240. 
           Subd. 12.  [INELIGIBILITY.] An applicant who is currently 
        practicing social work in Minnesota in a setting that is not 
        exempt under section 148D.065 at the time of application is 
        ineligible for a temporary license. 
           Subd. 13.  [REVOCATION OF TEMPORARY LICENSE.] The board may 
        immediately revoke the temporary license of any licensee who 
        violates any requirements of this section.  The revocation must 
        be made for cause, without notice or opportunity to be heard.  A 
        licensee whose temporary license is revoked must immediately 
        return the temporary license to the board. 
           Sec. 18.  [148D.065] [EXEMPTIONS.] 
           Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in this 
        chapter may be construed to prevent members of other professions 
        or occupations from performing functions for which they are 
        qualified or licensed.  This exception includes but is not 
        limited to:  licensed physicians, registered nurses, licensed 
        practical nurses, licensed psychologists, psychological 
        practitioners, probation officers, members of the clergy and 
        Christian Science practitioners, attorneys, marriage and family 
        therapists, alcohol and drug counselors, professional 
        counselors, school counselors, and registered occupational 
        therapists or certified occupational therapist assistants.  
        These persons must not, however, hold themselves out to the 
        public by any title or description stating or implying that they 
        are engaged in the practice of social work, or that they are 
        licensed to engage in the practice of social work.  Persons 
        engaged in the practice of social work are not exempt from the 
        board's jurisdiction solely by the use of one of the titles in 
        this subdivision. 
           Subd. 2.  [STUDENTS.] An internship, externship, or any 
        other social work experience that is required for the completion 
        of an accredited program of social work does not constitute the 
        practice of social work under this chapter. 
           Subd. 3.  [GEOGRAPHIC WAIVER.] A geographic waiver may be 
        granted by the board on a case-by-case basis to agencies with 
        special regional hiring problems.  The waiver is for the purpose 
        of permitting agencies to hire individuals who do not meet the 
        qualifications of section 148D.055 or 148D.060 to practice 
        social work. 
           Subd. 4.  [CITY, COUNTY, AND STATE AGENCY SOCIAL 
        WORKERS.] The licensure of city, county, and state agency social 
        workers is voluntary.  City, county, and state agencies 
        employing social workers are not required to employ licensed 
        social workers. 
           Subd. 5.  [FEDERALLY RECOGNIZED TRIBES AND PRIVATE 
        NONPROFIT AGENCIES WITH A MINORITY FOCUS.] The licensure of 
        social workers who are employed by federally recognized tribes, 
        or by private nonprofit agencies whose primary service focus 
        addresses ethnic minority populations, and who are themselves 
        members of ethnic minority populations within those agencies, is 
        voluntary. 
           Sec. 19.  [148D.070] [LICENSE RENEWALS.] 
           Subdivision 1.  [LICENSE RENEWAL TERM.] (a) If a license is 
        renewed, the license must be renewed for a two-year renewal 
        term.  The renewal term is the period from the effective date of 
        an initial or renewed license to the expiration date of the 
        license. 
           (b) The effective date of a renewed license is the day 
        following the expiration date of the expired license. 
           (c) The expiration date of a renewed license is the last 
        day of the licensee's birth month in the second calendar year 
        following the effective date of the renewed license. 
           Subd. 2.  [MAILING LICENSE RENEWAL NOTICES.] The board must 
        mail a notice for license renewal to a licensee at least 45 days 
        before the expiration date of the license.  Mailing the notice 
        by United States mail to the licensee's last known mailing 
        address constitutes valid mailing.  Failure to receive the 
        renewal notice does not relieve a licensee of the obligation to 
        renew a license and to pay the renewal fee. 
           Subd. 3.  [SUBMITTING LICENSE RENEWAL APPLICATIONS.] (a) In 
        order to renew a license, a licensee must submit: 
           (1) a completed, signed application for license renewal; 
        and 
           (2) the applicable renewal fee specified in section 
        148D.180. 
        The completed, signed application and renewal fee must be 
        received by the board prior to midnight of the day of the 
        license expiration date.  For renewals submitted electronically, 
        a "signed application" means providing an attestation as 
        specified by the board. 
           (b) An application which is not completed and signed, or 
        which is not accompanied by the correct fee, must be returned to 
        the applicant, along with any fee submitted, and is void. 
           (c) The completed, signed application must include 
        documentation that the licensee has met the continuing education 
        requirements specified in sections 148D.130 to 148D.170 and, if 
        applicable, the supervised practice requirements specified in 
        sections 148D.100 to 148D.125.  
           (d) By submitting a renewal application, an applicant 
        authorizes the board to: 
           (1) investigate any information provided or requested in 
        the application.  The board may request that the applicant 
        provide additional information, verification, or documentation; 
           (2) conduct an audit to determine if the applicant has met 
        the continuing education requirements specified in sections 
        148D.130 to 148D.170; and 
           (3) if applicable, conduct an audit to determine whether 
        the applicant has met the supervision requirements specified in 
        sections 148D.100 to 148D.125. 
           (e) If a licensee's application for license renewal meets 
        the requirements specified in paragraph (a), the licensee may 
        continue to practice after the license expiration date until the 
        board approves or denies the application. 
           Subd. 4.  [RENEWAL LATE FEE.] An application that is 
        received after the license expiration date must be accompanied 
        by the renewal late fee specified in section 148D.180 in 
        addition to the applicable renewal fee.  The application, 
        renewal fee, and renewal late fee must be received by the board 
        within 60 days of the license expiration date, or the license 
        automatically expires. 
           Subd. 5.  [EXPIRED LICENSE.] (a) If an application does not 
        meet the requirements specified in subdivisions 3 and 4, the 
        license automatically expires.  A licensee whose license has 
        expired may reactivate a license by meeting the requirements in 
        section 148D.080 or be relicensed by meeting the requirements 
        specified in section 148D.055. 
           (b) The board may take action pursuant to sections 148D.255 
        to 148D.270 based on a licensee's conduct before the expiration 
        of the license. 
           (c) An expired license may be reactivated within one year 
        of the expiration date specified in section 148D.080.  After one 
        year of the expiration date, an individual may apply for a new 
        license pursuant to section 148D.055.  
           Sec. 20.  [148D.075] [INACTIVE LICENSES.] 
           Subdivision 1.  [INACTIVE STATUS.] (a) A licensee qualifies 
        for inactive status under either of the circumstances described 
        in paragraph (b) or (c). 
           (b) A licensee qualifies for inactive status when the 
        licensee is granted temporary leave from active practice.  A 
        licensee qualifies for temporary leave from active practice if 
        the licensee demonstrates to the satisfaction of the board that 
        the licensee is not engaged in the practice of social work in 
        any setting, including settings in which social workers are 
        exempt from licensure pursuant to section 148D.065.  A licensee 
        who is granted temporary leave from active practice may 
        reactivate the license pursuant to section 148D.080. 
           (c) A licensee qualifies for inactive status when a 
        licensee is granted an emeritus license.  A licensee qualifies 
        for an emeritus license if the licensee demonstrates to the 
        satisfaction of the board that: 
           (i) the licensee is retired from social work practice; and 
           (ii) the licensee is not engaged in the practice of social 
        work in any setting, including settings in which social workers 
        are exempt from licensure pursuant to section 148D.065. 
        A licensee who possesses an emeritus license may reactivate the 
        license pursuant to section 148D.080. 
           Subd. 2.  [APPLICATION.] A licensee may apply for inactive 
        status: 
           (1) at any time by submitting an application for a 
        temporary leave from active practice or for an emeritus license; 
        or 
           (2) as an alternative to applying for the renewal of a 
        license by so recording on the application for license renewal 
        and submitting the completed, signed application to the board.  
           An application that is not completed or signed, or that is 
        not accompanied by the correct fee, must be returned to the 
        applicant, along with any fee submitted, and is void.  For 
        applications submitted electronically, a "signed application" 
        means providing an attestation as specified by the board. 
           Subd. 3.  [FEE.] (a) Regardless of when the application for 
        inactive status is submitted, the temporary leave or emeritus 
        license fee specified in section 148D.180, whichever is 
        applicable, must accompany the application.  A licensee who is 
        approved for inactive status before the license expiration date 
        is not entitled to receive a refund for any portion of the 
        license or renewal fee. 
           (b) If an application for temporary leave is received after 
        the license expiration date, the licensee must pay a renewal 
        late fee as specified in section 148D.180 in addition to the 
        temporary leave fee. 
           Subd. 4.  [TIME LIMITS FOR TEMPORARY LEAVES.] A licensee 
        may maintain an inactive license on temporary leave for no more 
        than five consecutive years.  If a licensee does not apply for 
        reactivation within 60 days following the end of the consecutive 
        five-year period, the license automatically expires. 
           Subd. 5.  [TIME LIMITS FOR AN EMERITUS LICENSE.] A licensee 
        with an emeritus license may not apply for reactivation pursuant 
        to section 148D.080 after five years following the granting of 
        the emeritus license.  However, after five years following the 
        granting of the emeritus license, an individual may apply for 
        new licensure pursuant to section 148D.055. 
           Subd. 6.  [PROHIBITION ON PRACTICE.] (a) Except as provided 
        in paragraph (b), a licensee whose license is inactive must not 
        practice, attempt to practice, offer to practice, or advertise 
        or hold out as authorized to practice social work. 
           (b) The board may grant a variance to the requirements of 
        paragraph (a) if a licensee on inactive status provides 
        emergency social work services.  A variance is granted only if 
        the board provides the variance in writing to the licensee.  The 
        board may impose conditions or restrictions on the variance. 
           Subd. 7.  [REPRESENTATIONS OF PROFESSIONAL STATUS.] In 
        making representations of professional status to the public, a 
        licensee whose license is inactive must state that the license 
        is inactive and that the licensee cannot practice social work. 
           Subd. 8.  [DISCIPLINARY OR OTHER ACTION.] The board may 
        resolve any pending complaints against a licensee before 
        approving an application for inactive status.  The board may 
        take action pursuant to sections 148D.255 to 148D.270 against a 
        licensee whose license is inactive based on conduct occurring 
        before the license is inactive or conduct occurring while the 
        license is inactive. 
           Sec. 21.  [148D.080] [REACTIVATIONS.] 
           Subdivision 1.  [MAILING NOTICES TO LICENSEES ON TEMPORARY 
        LEAVE.] The board must mail a notice for reactivation to a 
        licensee on temporary leave at least 45 days before the 
        expiration date of the license pursuant to section 148D.075, 
        subdivision 4.  Mailing the notice by United States mail to the 
        licensee's last known mailing address constitutes valid 
        mailing.  Failure to receive the reactivation notice does not 
        relieve a licensee of the obligation to comply with the 
        provisions of this section to reactivate a license. 
           Subd. 2.  [REACTIVATION FROM A TEMPORARY LEAVE OR EMERITUS 
        STATUS.] To reactivate a license from a temporary leave or 
        emeritus status, a licensee must do the following within the 
        time period specified in section 148D.075, subdivisions 4 and 5: 
           (1) complete an application form specified by the board; 
           (2) document compliance with the continuing education 
        requirements specified in subdivision 4; 
           (3) submit a supervision plan, if required; 
           (4) pay the reactivation of an inactive licensee fee 
        specified in section 148D.180; and 
           (5) pay the wall certificate fee in accordance with section 
        148D.095, subdivision 1, paragraph (b) or (c), if the licensee 
        needs a duplicate license. 
           Subd. 3.  [REACTIVATION OF AN EXPIRED LICENSE.] To 
        reactivate an expired license, a licensee must do the following 
        within one year of the expiration date: 
           (1) complete an application form specified by the board; 
           (2) document compliance with the continuing education 
        requirements that were in effect at the time the license 
        expired; 
           (3) document compliance with the supervision requirements, 
        if applicable, that were in effect at the time the license 
        expired; and 
           (4) pay the reactivation of an expired license fee 
        specified in section 148D.180. 
           Subd. 4.  [CONTINUING EDUCATION REQUIREMENTS.] (a) A 
        licensee who is on temporary leave or who has an emeritus 
        license must obtain the continuing education hours that would be 
        required if the license was active.  At the time of 
        reactivation, the licensee must document compliance with the 
        continuing education requirements specified in sections 148D.130 
        to 148D.170. 
           (b) A licensee applying for reactivation pursuant to 
        subdivision 2 or 3 may apply for a variance to the continuing 
        education requirements pursuant to sections 148D.130 to 148D.170.
           Subd. 5.  [REACTIVATION OF A VOLUNTARILY TERMINATED 
        LICENSE.] To reactivate a voluntarily terminated license, a 
        licensee must do the following within one year of the date the 
        voluntary termination takes effect: 
           (1) complete an application form specified by the board; 
           (2) document compliance with the continued education 
        requirements that were in effect at the time the license was 
        voluntarily terminated; 
           (3) document compliance with the supervision requirements, 
        if applicable, that were in effect at the time the license was 
        voluntarily terminated; and 
           (4) pay the reactivation of an expired or voluntarily 
        terminated license fee specified in section 148D.180. 
           Sec. 22.  [148D.085] [VOLUNTARY TERMINATIONS.] 
           Subdivision 1.  [REQUESTS FOR VOLUNTARY TERMINATION.] (a) A 
        licensee may request voluntary termination of a license if the 
        licensee demonstrates to the satisfaction of the board that the 
        licensee is not engaged in the practice of social work in any 
        setting except settings in which social workers are exempt from 
        licensure pursuant to section 148D.065. 
           (b) A licensee may apply for voluntary termination: 
           (1) at any time by submitting an application; or 
           (2) as an alternative to applying for the renewal of a 
        license by so recording on the application for license renewal 
        and submitting the completed, signed application to the board.  
        For applications submitted electronically, a "signed 
        application" means providing an attestation as specified by the 
        board.  An application that is not completed and signed must be 
        returned to the applicant and is void. 
           (c) The board may resolve any pending complaints against a 
        licensee before approving a request for voluntary termination. 
           Subd. 2.  [APPLICATION FOR NEW LICENSURE.] A licensee who 
        has voluntarily terminated a license may not reactivate the 
        license after one year following the date the voluntary 
        termination takes effect.  However, a licensee who has 
        voluntarily terminated a license may apply for a new license 
        pursuant to section 148D.055. 
           Subd. 3.  [PROHIBITION ON PRACTICE.] A licensee who has 
        voluntarily terminated a license must not practice, attempt to 
        practice, offer to practice, or advertise or hold out as 
        authorized to practice social work, except when the individual 
        is exempt from licensure pursuant to section 148D.065. 
           Subd. 4.  [DISCIPLINARY OR OTHER ACTION.] The board may 
        take action pursuant to sections 148D.255 to 148D.270 against a 
        licensee whose license has been terminated based on conduct 
        occurring before the license is terminated or for practicing 
        social work without a license. 
           Sec. 23.  [148D.090] [NAME; CHANGE OF NAME OR ADDRESS.] 
           Subdivision 1.  [NAME.] A licensee must use the licensee's 
        legal name or a professional name.  If the licensee uses a 
        professional name, the licensee must inform the board in writing 
        of both the licensee's professional name and legal name and must 
        comply with the requirements of this section. 
           Subd. 2.  [LEGAL NAME CHANGE.] Within 30 days after 
        changing the licensee's legal name, a licensee must: 
           (1) request a new license wall certificate; 
           (2) provide legal verification of the name change; and 
           (3) pay the license wall certificate fee specified in 
        section 148D.180. 
           Subd. 3.  [PROFESSIONAL NAME CHANGE.] Within 30 days after 
        changing the licensee's professional name, a licensee must: 
           (1) request a new license wall certificate; 
           (2) provide a notarized statement attesting to the name 
        change; and 
           (3) pay the license wall certificate fee specified in 
        section 148D.180. 
           Subd. 4.  [ADDRESS OR TELEPHONE CHANGE.] When a licensee 
        changes a mailing address, home address, work address, e-mail 
        address, or daytime public telephone number, the licensee must 
        notify the board of the change electronically or in writing no 
        more than 30 days after the date of the change. 
           Sec. 24.  [148D.095] [LICENSE CERTIFICATE OR CARD.] 
           Subdivision 1.  [LICENSE WALL CERTIFICATE.] (a) The board 
        must issue a new license wall certificate when the board issues 
        a new license.  No fee in addition to the applicable license fee 
        specified in section 148D.180 is required. 
           (b) The board must replace a license wall certificate when: 
           (1) a licensee submits an affidavit to the board that the 
        original license wall certificate was lost, stolen, or 
        destroyed; and 
           (2) the licensee submits the license wall certificate fee 
        specified in section 148D.180. 
           (c) The board must issue a revised license wall certificate 
        when: 
           (1) a licensee requests a revised license wall certificate 
        pursuant to section 148D.095; and 
           (2) submits the license wall certificate fee specified in 
        section 148D.180. 
           (d) The board must issue an additional license wall 
        certificate when: 
           (1) a licensee submits a written request for a new 
        certificate because the licensee practices in more than one 
        location; and 
           (2) the licensee submits the license wall certificate fee 
        specified in section 148D.180. 
           Subd. 2.  [LICENSE CARD.] (a) The board must issue a new 
        license card when the board issues a new license.  No fee in 
        addition to the applicable license fee specified in section 
        148D.180 is required. 
           (b) The board must replace a license card when a licensee 
        submits: 
           (1) an affidavit to the board that the original license 
        card was lost, stolen, or destroyed; and 
           (2) the license card fee specified in section 148D.180. 
           (c) The board must issue a revised license card when the 
        licensee submits a written request for a new license wall 
        certificate because of a new professional or legal name pursuant 
        to section 148D.090, subdivision 2 or 3.  No fee in addition to 
        the one specified in subdivision 1, paragraph (b), is required. 
           Sec. 25.  [148D.100] [LICENSED SOCIAL WORKERS; SUPERVISED 
        PRACTICE.] 
           Subdivision 1.  [SUPERVISION REQUIRED AFTER LICENSURE.] 
        After receiving a license from the board as a licensed social 
        worker, the licensed social worker must obtain at least 75 hours 
        of supervision in accordance with the requirements of this 
        section. 
           Subd. 2.  [PRACTICE REQUIREMENTS.] The supervision required 
        by subdivision 1 must be obtained during the first 4,000 hours 
        of postbaccalaureate social work practice authorized by law.  At 
        least three hours of supervision must be obtained during every 
        160 hours of practice. 
           Subd. 3.  [TYPES OF SUPERVISION.] (a) Thirty-seven and 
        one-half hours of the supervision required by subdivision 1 must 
        consist of one-on-one in-person supervision. 
           (b) Thirty-seven and one-half hours must consist of one or 
        more of the following types of supervision, subject to the 
        limitation in clause (3): 
           (1) one-on-one in-person supervision; 
           (2) in-person group supervision; or 
           (3) electronic supervision such as by telephone or video 
        conferencing, provided that electronic supervision must not 
        exceed 25 hours. 
           (c) To qualify as in-person group supervision, the group 
        must not exceed seven members including the supervisor. 
           Subd. 4.  [SUPERVISOR REQUIREMENTS.] The supervision 
        required by subdivision 1 must be provided by a supervisor who: 
           (1) is a licensed social worker who has completed the 
        supervised practice requirements; 
           (2) is a licensed graduate social worker, licensed 
        independent social worker, or licensed independent clinical 
        social worker; or 
           (3) meets the requirements specified in section 148D.120, 
        subdivision 2. 
           Subd. 5.  [SUPERVISEE REQUIREMENTS.] The supervisee must: 
           (1) to the satisfaction of the supervisor, practice 
        competently and ethically in accordance with professional social 
        work knowledge, skills, and values; 
           (2) receive supervision in the following content areas:  
           (i) development of professional values and 
        responsibilities; 
           (ii) practice skills; 
           (iii) authorized scope of practice; 
           (iv) ensuring continuing competence; and 
           (v) ethical standards of practice; 
           (3) submit a supervision plan in accordance with section 
        148D.125, subdivision 1; and 
           (4) if the board audits the supervisee's supervised 
        practice, submit verification of supervised practice in 
        accordance with section 148D.125, subdivision 3. 
           Subd. 6.  [AFTER COMPLETION OF SUPERVISION REQUIREMENTS.] A 
        licensed social worker who fulfills the supervision requirements 
        specified in subdivisions 1 to 5 is not required to be 
        supervised after completion of the supervision requirements. 
           Subd. 7.  [ATTESTATION.] The social worker and the social 
        worker's supervisor must attest that the supervisee has met or 
        has made progress on meeting the applicable supervision 
        requirements in accordance with section 148D.125, subdivision 2. 
           Sec. 26.  [148D.105] [LICENSED GRADUATE SOCIAL WORKERS; 
        SUPERVISED PRACTICE.] 
           Subdivision 1.  [SUPERVISION REQUIRED AFTER 
        LICENSURE.] After receiving a license from the board as a 
        licensed graduate social worker, a licensed graduate social 
        worker must obtain at least 75 hours of supervision in 
        accordance with the requirements of this section. 
           Subd. 2.  [PRACTICE REQUIREMENTS.] The supervision required 
        by subdivision 1 must be obtained during the first 4,000 hours 
        of postgraduate social work practice authorized by law.  At 
        least three hours of supervision must be obtained during every 
        160 hours of practice. 
           Subd. 3.  [TYPES OF SUPERVISION.] (a) Thirty-seven and 
        one-half hours of the supervision required by subdivision 1 must 
        consist of one-on-one in-person supervision. 
           (b) Thirty-seven and one-half hours must consist of one or 
        more of the following types of supervision, subject to the 
        limitation in clause (3): 
           (1) one-on-one in-person supervision; 
           (2) in-person group supervision; or 
           (3) electronic supervision such as by telephone or video 
        conferencing, provided that electronic supervision must not 
        exceed 25 hours. 
           (c) To qualify as in-person group supervision, the group 
        must not exceed seven members including the supervisor. 
           Subd. 4.  [SUPERVISOR REQUIREMENTS.] The supervision 
        required by subdivision 1 must be provided by a supervisor who 
        meets the requirements specified in section 148D.120.  The 
        supervision must be provided: 
           (1) if the supervisee is not engaged in clinical practice, 
        by a (i) licensed independent social worker, (ii) licensed 
        graduate social worker who has completed the supervised practice 
        requirements, or (iii) licensed independent clinical social 
        worker; 
           (2) if the supervisee is engaged in clinical practice, by a 
        licensed independent clinical social worker; or 
           (3) by a supervisor who meets the requirements specified in 
        section 148D.120, subdivision 2. 
           Subd. 5.  [SUPERVISEE REQUIREMENTS.] The supervisee must: 
           (1) to the satisfaction of the supervisor, practice 
        competently and ethically in accordance with professional social 
        work knowledge, skills, and values; 
           (2) receive supervision in the following content areas:  
           (i) development of professional values and 
        responsibilities; 
           (ii) practice skills; 
           (iii) authorized scope of practice; 
           (iv) ensuring continuing competence; and 
           (v) ethical standards of practice; 
           (3) submit a supervision plan in accordance with section 
        148D.125, subdivision 1; and 
           (4) verify supervised practice in accordance with section 
        148D.125, subdivision 3, if: 
           (i) the board audits the supervisee's supervised practice; 
        or 
           (ii) a licensed graduate social worker applies for a 
        licensed independent social worker or licensed independent 
        clinical social worker license. 
           Subd. 6.  [LICENSED GRADUATE SOCIAL WORKERS WHO PRACTICE 
        CLINICAL SOCIAL WORK.] (a) A licensed graduate social worker 
        must not engage in clinical social work practice except under 
        supervision by a licensed independent clinical social worker or 
        an alternate supervisor designated pursuant to section 148D.120, 
        subdivision 2. 
           (b) Except as provided in paragraph (c), a licensed 
        graduate social worker must not engage in clinical social work 
        practice under supervision for more than 8,000 hours.  In order 
        to practice clinical social work for more than 8,000 hours, a 
        licensed graduate social worker must obtain a licensed 
        independent clinical social worker license. 
           (c) Notwithstanding the requirements of paragraph (b), the 
        board may grant a licensed graduate social worker permission to 
        engage in clinical social work practice for more than 8,000 
        hours if the licensed graduate social worker petitions the board 
        and demonstrates to the board's satisfaction that for reasons of 
        personal hardship the licensed graduate social worker should be 
        granted an extension to continue practicing clinical social work 
        under supervision for up to an additional 2,000 hours. 
           (d) Upon completion of 4,000 hours of clinical social work 
        practice and 75 hours of supervision in accordance with the 
        requirements of this section, a licensed graduate social worker 
        is eligible to apply for a licensed independent clinical social 
        worker license pursuant to section 148D.115, subdivision 1. 
           Subd. 7.  [LICENSED GRADUATE SOCIAL WORKERS WHO DO NOT 
        PRACTICE CLINICAL SOCIAL WORK.] A licensed graduate social 
        worker who fulfills the supervision requirements specified in 
        subdivisions 1 to 5, and who does not practice clinical social 
        work, is not required to be supervised after completion of the 
        supervision requirements. 
           Subd. 8.  [ATTESTATION.] A social worker and the social 
        worker's supervisor must attest that the supervisee has met or 
        has made progress on meeting the applicable supervision 
        requirements in accordance with section 148D.125, subdivision 2. 
           Sec. 27.  [148D.110] [LICENSED INDEPENDENT SOCIAL WORKERS; 
        SUPERVISED PRACTICE.] 
           Subdivision 1.  [SUPERVISION REQUIRED BEFORE 
        LICENSURE.] Before becoming licensed as a licensed independent 
        social worker, a person must have obtained at least 75 hours of 
        supervision during 4,000 hours of postgraduate social work 
        practice authorized by law in accordance with the requirements 
        of section 148D.105, subdivisions 3, 4, and 5.  At least three 
        hours of supervision must be obtained during every 160 hours of 
        practice. 
           Subd. 2.  [LICENSED INDEPENDENT SOCIAL WORKERS WHO PRACTICE 
        CLINICAL SOCIAL WORK AFTER LICENSURE.] (a) After licensure, a 
        licensed independent social worker must not engage in clinical 
        social work practice except under supervision by a licensed 
        independent clinical social worker or an alternate supervisor 
        designated pursuant to section 148D.120, subdivision 2. 
           (b) Except as provided in paragraph (c), a licensed 
        independent social worker must not engage in clinical social 
        work practice under supervision for more than 8,000 hours.  In 
        order to practice clinical social work for more than 8,000 
        hours, a licensed independent social worker must obtain a 
        licensed independent clinical social worker license. 
           (c) Notwithstanding the requirements of paragraph (b), the 
        board may grant a licensed independent social worker permission 
        to engage in clinical social work practice for more than 8,000 
        hours if the licensed independent social worker petitions the 
        board and demonstrates to the board's satisfaction that for 
        reasons of personal hardship the licensed independent social 
        worker should be granted an extension to continue practicing 
        clinical social work under supervision for up to an additional 
        2,000 hours. 
           Subd. 3.  [LICENSED INDEPENDENT SOCIAL WORKERS WHO DO NOT 
        PRACTICE CLINICAL SOCIAL WORK AFTER LICENSURE.] After licensure, 
        a licensed independent social worker is not required to be 
        supervised if the licensed independent social worker does not 
        practice clinical social work. 
           Sec. 28.  [148D.115] [LICENSED INDEPENDENT CLINICAL SOCIAL 
        WORKERS; SUPERVISED PRACTICE.] 
           Subdivision 1.  [SUPERVISION REQUIRED BEFORE 
        LICENSURE.] Before becoming licensed as a licensed independent 
        clinical social worker, a person must have obtained at least 75 
        hours of supervision during 4,000 hours of postgraduate clinical 
        practice authorized by law in accordance with the requirements 
        of section 148D.105, subdivisions 3, 4, and 5.  At least three 
        hours of supervision must be obtained during every 160 hours of 
        practice. 
           Subd. 2.  [NO SUPERVISION REQUIRED AFTER LICENSURE.] After 
        licensure, a licensed independent clinical social worker is not 
        required to be supervised. 
           Sec. 29.  [148D.120] [REQUIREMENTS OF SUPERVISORS.] 
           Subdivision 1.  [SUPERVISORS LICENSED AS SOCIAL WORKERS.] 
        (a) Except as provided in paragraph (b), to be eligible to 
        provide supervision under this section, a social worker must 
        attest, on a form provided by the board, that he or she has met 
        the applicable licensure requirements specified in sections 
        148D.100 to 148D.115. 
           (b) If the board determines that supervision is not 
        obtainable from an individual meeting the requirements specified 
        in paragraph (a), the board may approve an alternate supervisor 
        pursuant to subdivision 2. 
           Subd. 2.  [ALTERNATE SUPERVISORS.] (a) The board may 
        approve an alternate supervisor if: 
           (1) the board determines that supervision is not obtainable 
        pursuant to paragraph (b); 
           (2) the licensee requests in the supervision plan submitted 
        pursuant to section 148D.125, subdivision 1, that an alternate 
        supervisor conduct the supervision; 
           (3) the licensee describes the proposed supervision and the 
        name and qualifications of the proposed alternate supervisor; 
        and 
           (4) the requirements of paragraph (d) are met. 
           (b) The board may determine that supervision is not 
        obtainable if: 
           (1) the licensee provides documentation as an attachment to 
        the supervision plan submitted pursuant to section 148D.125, 
        subdivision 1, that the licensee has conducted a thorough search 
        for a supervisor meeting the applicable licensure requirements 
        specified in sections 148D.100 to 148D.115; 
           (2) the licensee demonstrates to the board's satisfaction 
        that the search was unsuccessful; and 
           (3) the licensee describes the extent of the search and the 
        names and locations of the persons and organizations contacted. 
           (c) The following are not grounds for a determination that 
        supervision is unobtainable: 
           (1) obtaining a supervisor who meets the requirements of 
        subdivision 1 would present the licensee with a financial 
        hardship; 
           (2) the licensee is unable to obtain a supervisor who meets 
        the requirements of subdivision 1 within the licensee's agency 
        or organization and the agency or organization will not allow 
        outside supervision; or 
           (3) the specialized nature of the licensee's practice 
        requires supervision from a practitioner other than an 
        individual licensed as a social worker. 
           (d) An alternate supervisor must: 
           (1) be an unlicensed social worker who is employed in, and 
        provides the supervision in, a setting exempt from licensure by 
        section 148D.065, and who has qualifications equivalent to the 
        applicable requirements specified in sections 148D.100 to 
        148D.115; or 
           (2) be a licensed marriage and family therapist or a mental 
        health professional as established by section 245.462, 
        subdivision 18, or 245.4871, subdivision 27, or an equivalent 
        mental health professional, as determined by the board, who is 
        licensed or credentialed by a state, territorial, provincial, or 
        foreign licensing agency. 
           In order to qualify to provide clinical supervision of a 
        licensed graduate social worker or licensed independent social 
        worker engaged in clinical practice, the alternate supervisor 
        must be a mental health professional as established by section 
        245.462, subdivision 18, or 245.4871, subdivision 27, or an 
        equivalent mental health professional, as determined by the 
        board, who is licensed or credentialed by a state, territorial, 
        provincial, or foreign licensing agency. 
           Sec. 30.  [148D.125] [DOCUMENTATION OF SUPERVISION.] 
           Subdivision 1.  [SUPERVISION PLAN.] (a) A social worker 
        must submit, on a form provided by the board, a supervision plan 
        for meeting the supervision requirements specified in sections 
        148D.100 to 148D.120. 
           (b) The supervision plan must be submitted no later than 90 
        days after the licensee begins a social work practice position 
        after becoming licensed. 
           (c) For failure to submit the supervision plan within 90 
        days after beginning a social work practice position, a licensee 
        must pay the supervision plan late fee specified in section 
        148D.180 when the licensee applies for license renewal. 
           (d) A license renewal application submitted pursuant to 
        paragraph (a) must not be approved unless the board has received 
        a supervision plan. 
           (e) The supervision plan must include the following: 
           (1) the name of the supervisee, the name of the agency in 
        which the supervisee is being supervised, and the supervisee's 
        position title; 
           (2) the name and qualifications of the person providing the 
        supervision; 
           (3) the number of hours of one-on-one in-person supervision 
        and the number and type of additional hours of supervision to be 
        completed by the supervisee; 
           (4) the supervisee's position description; 
           (5) a brief description of the supervision the supervisee 
        will receive in the following content areas: 
           (i) clinical practice, if applicable; 
           (ii) development of professional social work knowledge, 
        skills, and values; 
           (iii) practice methods; 
           (iv) authorized scope of practice; 
           (v) ensuring continuing competence; and 
           (vi) ethical standards of practice; and 
           (6) if applicable, a detailed description of the 
        supervisee's clinical social work practice, addressing: 
           (i) the client population, the range of presenting issues, 
        and the diagnoses; 
           (ii) the clinical modalities that were utilized; and 
           (iii) the process utilized for determining clinical 
        diagnoses, including the diagnostic instruments used and the 
        role of the supervisee in the diagnostic process. 
           (f) The board must receive a revised supervision plan 
        within 90 days of any of the following changes: 
           (1) the supervisee has a new supervisor; 
           (2) the supervisee begins a new social work position; 
           (3) the scope or content of the supervisee's social work 
        practice changes substantially; 
           (4) the number of practice or supervision hours changes 
        substantially; or 
           (5) the type of supervision changes as supervision is 
        described in section 148D.100, subdivision 3, or 148D.105, 
        subdivision 3, or as required in section 148D.115, subdivision 4.
           (g) For failure to submit a revised supervised plan as 
        required in paragraph (f), a supervisee must pay the supervision 
        plan late fee specified in section 148D.180, when the supervisee 
        applies for license renewal. 
           (h) The board must approve the supervisor and the 
        supervision plan. 
           Subd. 2.  [ATTESTATION.] (a) When a supervisee submits 
        renewal application materials to the board, the supervisee and 
        supervisor must submit an attestation providing the following 
        information on a form provided by the board: 
           (1) the name of the supervisee, the name of the agency in 
        which the supervisee is being supervised, and the supervisee's 
        position title; 
           (2) the name and qualifications of the supervisor; 
           (3) the number of hours and dates of each type of 
        supervision completed; 
           (4) the supervisee's position description; 
           (5) a declaration that the supervisee has not engaged in 
        conduct in violation of the standards of practice specified in 
        sections 148D.195 to 148D.240; 
           (6) a declaration that the supervisee has practiced 
        competently and ethically in accordance with professional social 
        work knowledge, skills, and values; and 
           (7) a list of the content areas in which the supervisee has 
        received supervision, including the following: 
           (i) clinical practice, if applicable; 
           (ii) development of professional social work knowledge, 
        skills, and values; 
           (iii) practice methods; 
           (iv) authorized scope of practice; 
           (v) ensuring continuing competence; and 
           (vi) ethical standards of practice. 
           (b) The information provided on the attestation form must 
        demonstrate to the board's satisfaction that the supervisee has 
        met or has made progress on meeting the applicable supervised 
        practice requirements. 
           Subd. 3.  [VERIFICATION OF SUPERVISED PRACTICE.] (a) In 
        addition to receiving the attestation required pursuant to 
        subdivision 2, the board must receive verification of supervised 
        practice if: 
           (1) the board audits the supervision of a supervisee 
        pursuant to section 148D.070, subdivision 3; or 
           (2) an applicant applies for a license as a licensed 
        independent social worker or as a licensed independent clinical 
        social worker. 
           (b) When verification of supervised practice is required 
        pursuant to paragraph (a), the board must receive from the 
        supervisor the following information on a form provided by the 
        board: 
           (1) the name of the supervisee, the name of the agency in 
        which the supervisee is being supervised, and the supervisee's 
        position title; 
           (2) the name and qualifications of the supervisor; 
           (3) the number of hours and dates of each type of 
        supervision completed; 
           (4) the supervisee's position description; 
           (5) a declaration that the supervisee has not engaged in 
        conduct in violation of the standards of practice specified in 
        sections 148D.195 to 148D.240; 
           (6) a declaration that the supervisee has practiced 
        ethically and competently in accordance with professional social 
        work knowledge, skills, and values; 
           (7) a list of the content areas in which the supervisee has 
        received supervision, including the following: 
           (i) clinical practice, if applicable; 
           (ii) development of professional social work knowledge, 
        skills, and values; 
           (iii) practice methods; 
           (iv) authorized scope of practice; 
           (v) ensuring continuing competence; and 
           (vi) ethical standards of practice; and 
           (8) if applicable, a detailed description of the 
        supervisee's clinical social work practice, addressing: 
           (i) the client population, the range of presenting issues, 
        and the diagnoses; 
           (ii) the clinical modalities that were utilized; and 
           (iii) the process utilized for determining clinical 
        diagnoses, including the diagnostic instruments used and the 
        role of the supervisee in the diagnostic process. 
           (c) The information provided on the verification form must 
        demonstrate to the board's satisfaction that the supervisee has 
        met the applicable supervised practice requirements. 
           Subd. 4.  [ALTERNATIVE VERIFICATION OF SUPERVISED 
        PRACTICE.] Notwithstanding the requirements of subdivision 3, 
        the board may accept alternative verification of supervised 
        practice if a supervisee demonstrates to the satisfaction of the 
        board that the supervisee is unable to locate a former 
        supervisor to provide the required information. 
           Sec. 31.  [148D.130] [CLOCK HOURS REQUIRED.] 
           Subdivision 1.  [TOTAL CLOCK HOURS REQUIRED.] At the time 
        of license renewal, a licensee must provide evidence 
        satisfactory to the board that the licensee has, during the 
        renewal term, completed at least 30 clock hours of continuing 
        education. 
           Subd. 2.  [ETHICS REQUIREMENT.] At least two of the clock 
        hours required under subdivision 1 must be in social work ethics.
           Subd. 3.  [INDEPENDENT STUDY.] Independent study must not 
        consist of more than ten clock hours of continuing education per 
        renewal term.  Independent study must be for publication, public 
        presentation, or professional development.  Independent study 
        includes, but is not limited to, electronic study. 
           Subd. 4.  [COURSEWORK.] One credit of coursework in a 
        semester-based academic institution is the equivalent of 15 
        clock hours. 
           Subd. 5.  [PRORATED RENEWAL TERM.] If the licensee's 
        renewal term is prorated to be less or more than 24 months, the 
        required number of continuing education clock hours is prorated 
        proportionately. 
           Sec. 32.  [148D.135] [APPROVAL OF CLOCK HOURS.] 
           Subdivision 1.  [WAYS OF APPROVING CLOCK HOURS.] The clock 
        hours required under section 148D.130 must be approved in one or 
        more of the following ways: 
           (1) the hours must be offered by a continuing education 
        provider approved by the board; 
           (2) the hours must be offered by a continuing education 
        provider approved by the Association of Social Work Boards or a 
        similar examination body designated by the board; 
           (3) the hours must be earned through a continuing education 
        program approved by the National Association of Social Workers; 
        or 
           (4) the hours must be earned through a continuing education 
        program approved by the board. 
           Subd. 2.  [PREAPPROVAL NOT REQUIRED.] Providers and 
        programs are not required to be preapproved but must meet the 
        requirements specified in this section. 
           Sec. 33.  [148D.140] [VARIANCES.] 
           The board may grant a variance to the continuing education 
        requirements specified in section 148D.130, when a licensee 
        demonstrates to the satisfaction of the board that the licensee 
        is unable to complete the required number of clock hours during 
        the renewal term.  The board may allow a licensee to complete 
        the required number of clock hours within a time frame specified 
        by the board.  The board must not allow a licensee to complete 
        less than the required number of clock hours. 
           Sec. 34.  [148D.145] [CONTINUING EDUCATION PROVIDERS 
        APPROVED BY THE BOARD.] 
           Subdivision 1.  [BOARD APPROVAL.] (a) The board must 
        approve a continuing education provider who: 
           (1) submits a completed application to the board which 
        provides the information required by subdivision 2 and which 
        meets the criteria specified in subdivision 3; and 
           (2) pays the provider fee specified in section 148D.180. 
           (b) An approval is valid for programs offered no later than 
        one year from the date the application is approved by the board. 
           Subd. 2.  [INFORMATION REQUIRED.] The information that must 
        be provided to the board includes, but is not limited to, the 
        following: 
           (1) the name of the continuing education provider; 
           (2) the address, telephone number, and e-mail address of a 
        contact person for the provider; 
           (3) a signed statement that indicates the provider 
        understands and agrees to abide by the criteria specified in 
        subdivision 3; and 
           (4) a signed statement that indicates the provider agrees 
        to furnish a certificate of attendance to each participant in a 
        program offered by the provider. 
           Subd. 3.  [CRITERIA FOR PROGRAMS OFFERED BY CONTINUING 
        EDUCATION PROVIDERS.] (a) A continuing education provider must 
        employ the following criteria in determining whether to offer a 
        continuing education program: 
           (1) whether the material to be presented will promote the 
        standards of practice described in sections 148D.195 to 
        148D.240; 
           (2) whether the material to be presented will contribute to 
        the practice of social work as defined in section 148D.010; 
           (3) whether the material to be presented is intended for 
        the benefit of practicing social workers; and 
           (4) whether the persons presenting the program are 
        qualified in the subject matter being presented. 
           (b) The material presented must not be primarily procedural 
        or primarily oriented towards business practices or 
        self-development. 
           Subd. 4.  [AUDITS.] (a) The board may audit programs 
        offered by a continuing education provider approved by the board 
        to determine compliance with the requirements of this section. 
           (b) A continuing education provider audited by the board 
        must provide the documentation specified in subdivision 5. 
           Subd. 5.  [INFORMATION REQUIRED TO BE MAINTAINED BY 
        CONTINUING EDUCATION PROVIDERS.] For three years following the 
        end of each program offered by a continuing education provider, 
        the provider must maintain the following information: 
           (1) the title of the program; 
           (2) a description of the content and objectives of the 
        program; 
           (3) the date of the program; 
           (4) the number of clock hours credited for participation in 
        the program; 
           (5) the program location; 
           (6) the names and qualifications of the primary presenters; 
           (7) a description of the primary audience the program was 
        designed for; and 
           (8) a list of the participants in the program. 
           Sec. 35.  [148D.150] [CONTINUING EDUCATION PROVIDERS 
        APPROVED BY THE ASSOCIATION OF SOCIAL WORK BOARDS.] 
           In order to receive credit for a program offered by a 
        continuing education provider approved by the Association of 
        Social Work Boards or a similar examination body designated by 
        the board, the provider must be listed on the Association of 
        Social Work Boards Web site as a provider currently approved by 
        the Association of Social Work Boards or a similar examination 
        body designated by the board. 
           Sec. 36.  [148D.155] [CONTINUING EDUCATION PROGRAMS 
        APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.] 
           In order to receive credit for a program approved by the 
        National Association of Social Workers, the program must be 
        listed on the National Association of Social Workers Web site as 
        a program currently approved by the National Association of 
        Social Workers. 
           Sec. 37.  [148D.160] [CONTINUING EDUCATION PROGRAMS 
        APPROVED BY THE BOARD.] 
           Subdivision 1.  [REQUIRED PROGRAM CONTENT.] In order to be 
        approved by the board, a continuing education program must: 
           (1) promote the standards of practice described in sections 
        148D.195 to 148D.240; 
           (2) contribute to the practice of social work as defined in 
        section 148D.010; and 
           (3) not be primarily procedural or be primarily oriented 
        towards business practices or self-development. 
           Subd. 2.  [TYPES OF CONTINUING EDUCATION PROGRAMS.] In 
        order to be approved by the board, a continuing education 
        program must be one of the following:  academic coursework 
        offered by an institution of higher learning; educational 
        workshops, seminars, or conferences offered by an organization 
        or individual; staff training offered by a public or private 
        employer; or independent study. 
           Sec. 38.  [148D.165] [CONTINUING EDUCATION REQUIREMENTS OF 
        LICENSEES.] 
           Subdivision 1.  [INFORMATION REQUIRED TO BE MAINTAINED BY 
        LICENSEES.] For one year following the expiration date of a 
        license, the licensee must maintain documentation of clock hours 
        earned during the previous renewal term.  The documentation must 
        include the following: 
           (1) for educational workshops or seminars offered by an 
        organization or at a conference, a copy of the certificate of 
        attendance issued by the presenter or sponsor giving the 
        following information: 
           (i) the name of the sponsor or presenter of the program; 
           (ii) the title of the workshop or seminar; 
           (iii) the dates the licensee participated in the program; 
        and 
           (iv) the number of clock hours completed; 
           (2) for academic coursework offered by an institution of 
        higher learning, a copy of a transcript giving the following 
        information: 
           (i) the name of the institution offering the course; 
           (ii) the title of the course; 
           (iii) the dates the licensee participated in the course; 
        and 
           (iv) the number of credits completed; 
           (3) for staff training offered by public or private 
        employers, a copy of the certificate of attendance issued by the 
        employer giving the following information: 
           (i) the name of the employer; 
           (ii) the title of the staff training; 
           (iii) the dates the licensee participated in the program; 
        and 
           (iv) the number of clock hours completed; and 
           (4) for independent study, including electronic study, a 
        written summary of the study conducted, including the following 
        information: 
           (i) the topics studied; 
           (ii) a description of the applicability of the study to the 
        licensee's authorized scope of practice; 
           (iii) the titles and authors of books and articles 
        consulted or the name of the organization offering the study; 
           (iv) the dates the licensee conducted the study; and 
           (v) the number of clock hours the licensee conducted the 
        study. 
           Subd. 2.  [AUDITS.] The board may audit license renewal and 
        reactivation applications to determine compliance with the 
        requirements of sections 148D.130 to 148D.170.  A licensee 
        audited by the board must provide the documentation specified in 
        subdivision 1 regardless of whether the provider or program has 
        been approved by the board, the Association of Social Work 
        Boards, or a similar examination body designated by the board, 
        or the National Association of Social Workers. 
           Sec. 39.  [148D.170] [REVOCATION OF CONTINUING EDUCATION 
        APPROVALS.] 
           The board may revoke approval of a provider or of a program 
        offered by a provider, or of an individual program approved by 
        the board, if the board determines subsequent to the approval 
        that the provider or program failed to meet the requirements of 
        sections 148D.130 to 148D.170. 
           Sec. 40.  [148D.175] [FEES.] 
           The fees specified in section 148D.180 are nonrefundable 
        and must be deposited in the state government special revenue 
        fund. 
           Sec. 41.  [148D.180] [FEE AMOUNTS.] 
           Subdivision 1.  [APPLICATION FEES.] Application fees for 
        licensure are as follows: 
           (1) for a licensed social worker, $45; 
           (2) for a licensed graduate social worker, $45; 
           (3) for a licensed independent social worker, $90; 
           (4) for a licensed independent clinical social worker, $90; 
           (5) for a temporary license, $50; and 
           (6) for a licensure by endorsement, $150. 
           The fee for criminal background checks is the fee charged 
        by the Bureau of Criminal Apprehension.  The criminal background 
        check fee must be included with the application fee as required 
        pursuant to section 148D.055. 
           Subd. 2.  [LICENSE FEES.] License fees are as follows: 
           (1) for a licensed social worker, $115.20; 
           (2) for a licensed graduate social worker, $201.60; 
           (3) for a licensed independent social worker, $302.40; 
           (4) for a licensed independent clinical social worker, 
        $331.20; 
           (5) for an emeritus license, $43.20; and 
           (6) for a temporary leave fee, the same as the renewal fee 
        specified in subdivision 3. 
           If the licensee's initial license term is less or more than 
        24 months, the required license fees must be prorated 
        proportionately. 
           Subd. 3.  [RENEWAL FEES.] Renewal fees for licensure are as 
        follows: 
           (1) for a licensed social worker, $115.20; 
           (2) for a licensed graduate social worker, $201.60; 
           (3) for a licensed independent social worker, $302.40; and 
           (4) for a licensed independent clinical social worker, 
        $331.20. 
           Subd. 4.  [CONTINUING EDUCATION PROVIDER FEES.] Continuing 
        education provider fees are as follows: 
           (1) for a provider who offers programs totaling one to 
        eight clock hours in a one-year period pursuant to section 
        148D.145, $50; 
           (2) for a provider who offers programs totaling nine to 16 
        clock hours in a one-year period pursuant to section 148D.145, 
        $100; 
           (3) for a provider who offers programs totaling 17 to 32 
        clock hours in a one-year period pursuant to section 148D.145, 
        $200; 
           (4) for a provider who offers programs totaling 33 to 48 
        clock hours in a one-year period pursuant to section 148D.145, 
        $400; and 
           (5) for a provider who offers programs totaling 49 or more 
        clock hours in a one-year period pursuant to section 148D.145, 
        $600. 
           Subd. 5.  [LATE FEES.] Late fees are as follows: 
           (1) renewal late fee, one-half of the renewal fee specified 
        in subdivision 3; and 
           (2) supervision plan late fee, $40. 
           Subd. 6.  [LICENSE CARDS AND WALL CERTIFICATES.] (a) The 
        fee for a license card as specified in section 148D.095 is $10. 
           (b) The fee for a license wall certificate as specified in 
        section 148D.095 is $30. 
           Subd. 7.  [REACTIVATION FEES.] Reactivation fees are as 
        follows: 
           (1) reactivation from a temporary leave or emeritus status, 
        the prorated share of the renewal fee specified in subdivision 
        3; and 
           (2) reactivation of an expired license, 1-1/2 times the 
        renewal fees specified in subdivision 3. 
           Subd. 8.  [TEMPORARY FEE REDUCTION.] For fiscal years 2006, 
        2007, 2008, and 2009, the following fee changes are effective: 
           (1) in subdivision 1, the application fee for a licensed 
        independent social worker is reduced to $45; 
           (2) in subdivision 1, the application fee for a licensed 
        independent clinical social worker is reduced to $45; 
           (3) in subdivision 1, the application fee for a licensure 
        by endorsement is reduced to $85; 
           (4) in subdivision 2, the license fee for a licensed social 
        worker is reduced to $90; 
           (5) in subdivision 2, the license fee for a licensed 
        graduate social worker is reduced to $160; 
           (6) in subdivision 2, the license fee for a licensed 
        independent social worker is reduced to $240; 
           (7) in subdivision 2, the license fee for a licensed 
        independent clinical social worker is reduced to $265; 
           (8) in subdivision 3, the renewal fee for a licensed social 
        worker is reduced to $90; 
           (9) in subdivision 3, the renewal fee for a licensed 
        graduate social worker is reduced to $160; 
           (10) in subdivision 3, the renewal fee for a licensed 
        independent social worker is reduced to $240; 
           (11) in subdivision 3, the renewal fee for a licensed 
        independent clinical social worker is reduced to $265; and 
           (12) in subdivision 5, the renewal late fee is reduced to 
        one-third of the renewal fee specified in subdivision 3. 
           This subdivision expires on June 30, 2009. 
           Sec. 42.  [148D.185] [PURPOSE OF COMPLIANCE LAWS.] 
           The purpose of sections 148D.185 to 148D.290 is to protect 
        the public by ensuring that all persons licensed as social 
        workers meet minimum standards of practice.  The board shall 
        promptly and fairly investigate and resolve all complaints 
        alleging violations of statutes and rules that the board is 
        empowered to enforce and (1) take appropriate disciplinary 
        action, adversarial action, or other action justified by the 
        facts, or (2) enter into corrective action agreements or 
        stipulations to cease practice, when doing so is consistent with 
        the board's obligation to protect the public. 
           Sec. 43.  [148D.190] [GROUNDS FOR ACTION.] 
           Subdivision 1.  [SCOPE.] The grounds for action in 
        subdivisions 2 to 4 and the standards of practice requirements 
        in sections 148D.195 to 148D.240 apply to all licensees and 
        applicants. 
           Subd. 2.  [VIOLATIONS.] The board has grounds to take 
        action pursuant to sections 148D.255 to 148D.270 when a social 
        worker violates: 
           (1) a statute or rule enforced by the board, including this 
        section and sections 148D.195 to 148D.240; 
           (2) a federal or state law or rule related to the practice 
        of social work; or 
           (3) an order, stipulation, or agreement agreed to or issued 
        by the board. 
           Subd. 3.  [CONDUCT BEFORE LICENSURE.] A violation of the 
        requirements specified in this section and sections 148D.195 to 
        148D.240 is grounds for the board to take action under sections 
        148D.255 to 148D.270.  The board's jurisdiction to exercise the 
        powers provided in this section extends to an applicant or 
        licensee's conduct that occurred before licensure if: 
           (1) the conduct did not meet the minimum accepted and 
        prevailing standards of professional social work practice at the 
        time the conduct occurred; or 
           (2) the conduct adversely affects the applicant or 
        licensee's present ability to practice social work in conformity 
        with the requirements of sections 148D.195 to 148D.240. 
           Subd. 4.  [UNAUTHORIZED PRACTICE.] The board has grounds to 
        take action pursuant to sections 148D.255 to 148D.270 when a 
        social worker: 
           (1) practices outside the scope of practice authorized by 
        section 148D.050; 
           (2) engages in the practice of social work without a social 
        work license under section 148D.055 or 148D.060, except when the 
        social worker is exempt from licensure pursuant to section 
        148D.065; 
           (3) provides social work services to a client who receives 
        social work services in this state, and is not licensed pursuant 
        to section 148D.055 or 148D.060, except when the social worker 
        is exempt from licensure pursuant to section 148D.065. 
           Sec. 44.  [148D.195] [REPRESENTATIONS TO CLIENTS AND 
        PUBLIC.] 
           Subdivision 1.  [REQUIRED DISPLAYS AND INFORMATION FOR 
        CLIENTS.] (a) A social worker must conspicuously display at the 
        social worker's places of practice, or make available as a 
        handout for all clients, information that the client has the 
        right to the following: 
           (1) to be informed of the social worker's license status, 
        education, training, and experience; 
           (2) to examine public data on the social worker maintained 
        by the board; 
           (3) to report a complaint about the social worker's 
        practice to the board; and 
           (4) to be informed of the board's mailing address, e-mail 
        address, Web site address, and telephone number. 
           (b) A social worker must conspicuously display the social 
        worker's wall certificate at the social worker's places of 
        practice and office locations.  Additional wall certificates may 
        be requested pursuant to section 148D.095. 
           Subd. 2.  [REPRESENTATIONS.] (a) No applicant or other 
        individual may be represented to the public by any title 
        incorporating the words "social work" or "social worker" unless 
        the individual holds a license pursuant to sections 148D.055 and 
        148D.060 or practices in a setting exempt from licensure 
        pursuant to section 148D.065. 
           (b) In all professional use of a social worker's name, the 
        social worker must use the license designation "LSW" or 
        "licensed social worker" for a licensed social worker, "LGSW" or 
        "licensed graduate social worker" for a licensed graduate social 
        worker, "LISW" or "licensed independent social worker" for a 
        licensed independent social worker, or "LICSW" or "licensed 
        independent clinical social worker" for a licensed independent 
        clinical social worker. 
           (c) Public statements or advertisements must not be 
        untruthful, misleading, false, fraudulent, deceptive, or 
        potentially exploitative of clients, former clients, interns, 
        students, supervisees, or the public. 
           (d) A social worker must not: 
           (1) use licensure status as a claim, promise, or guarantee 
        of successful service; 
           (2) obtain a license by cheating or employing fraud or 
        deception; 
           (3) make false statements or misrepresentations to the 
        board or in materials submitted to the board; or 
           (4) engage in conduct that has the potential to deceive or 
        defraud a social work client, intern, student, supervisee, or 
        the public. 
           Subd. 3.  [INFORMATION ON CREDENTIALS.] (a) A social worker 
        must provide accurate and factual information concerning the 
        social worker's credentials, education, training, and experience 
        when the information is requested by clients, potential clients, 
        or other persons or organizations. 
           (b) A social worker must not misrepresent directly or by 
        implication the social worker's license, degree, professional 
        certifications, affiliations, or other professional 
        qualifications in any oral or written communications to clients, 
        potential clients, or other persons or organizations.  A social 
        worker must take reasonable steps to prevent such 
        misrepresentations by other social workers. 
           (c) A social worker must not hold out as a person licensed 
        as a social worker without having a social work license pursuant 
        to sections 148D.055 and 148D.060. 
           (d) A social worker must not misrepresent directly or by 
        implication (1) affiliations with institutions or organizations, 
        or (2) purposes or characteristics of institutions or 
        organizations with which the social worker is or has been 
        affiliated. 
           Sec. 45.  [148D.200] [COMPETENCE.] 
           Subdivision 1.  [COMPETENCE.] (a) A social worker must 
        provide services and hold out as competent only to the extent 
        the social worker's education, training, license, consultation 
        received, supervision experience, or other relevant professional 
        experience demonstrate competence in the services provided.  A 
        social worker must make a referral to a competent professional 
        when the services required are beyond the social worker's 
        competence or authorized scope of practice. 
           (b) When generally recognized standards do not exist with 
        respect to an emerging area of practice, including but not 
        limited to providing social work services through electronic 
        means, a social worker must take the steps necessary, such as 
        consultation or supervision, to ensure the competence of the 
        social worker's work and to protect clients from harm. 
           Subd. 2.  [SUPERVISION OR CONSULTATION.] Notwithstanding 
        the completion of supervision requirements as specified in 
        sections 148D.100 to 148D.125, a social worker must obtain 
        supervision or engage in consultation when appropriate or 
        necessary for competent and ethical practice. 
           Subd. 3.  [DELEGATION OF SOCIAL WORK RESPONSIBILITIES.] (a) 
        A social worker must not delegate a social work responsibility 
        to another individual when the social worker knows or reasonably 
        should know that the individual is not licensed when required to 
        be licensed pursuant to sections 148D.055 and 148D.060. 
           (b) A social worker must not delegate a social work 
        responsibility to another individual when the social worker 
        knows or reasonably should know that the individual is not 
        competent to assume the responsibility or perform the task. 
           Sec. 46.  [148D.205] [IMPAIRMENT.] 
           Subdivision 1.  [GROUNDS FOR ACTION.] The board has grounds 
        to take action under sections 148D.255 to 148D.270 when a social 
        worker is unable to practice with reasonable skill and safety by 
        reason of illness, use of alcohol, drugs, chemicals, or any 
        other materials, or as a result of any mental, physical, or 
        psychological condition. 
           Subd. 2.  [SELF-REPORTING.] A social worker regulated by 
        the board who is unable to practice with reasonable skill and 
        safety by reason of illness, use of alcohol, drugs, chemicals, 
        or any other materials, or as a result of any mental, physical, 
        or psychological condition, must report to the board or the 
        health professionals services program. 
           Sec. 47.  [148D.210] [PROFESSIONAL AND ETHICAL CONDUCT.] 
           The board has grounds to take action under sections 
        148D.255 to 148D.270 when a social worker: 
           (1) engages in unprofessional or unethical conduct, 
        including any departure from or failure to conform to the 
        minimum accepted ethical and other prevailing standards of 
        professional social work practice, without actual injury to a 
        social work client, intern, student, supervisee or the public 
        needing to be established; 
           (2) engages in conduct that has the potential to cause harm 
        to a client, intern, student, supervisee, or the public; 
           (3) demonstrates a willful or careless disregard for the 
        health, welfare, or safety of a client, intern, student, or 
        supervisee; or 
           (4) engages in acts or conduct adversely affecting the 
        applicant or licensee's current ability or fitness to engage in 
        social work practice, whether or not the acts or conduct 
        occurred while engaged in the practice of social work. 
           Sec. 48.  [148D.215] [RESPONSIBILITIES TO CLIENTS.] 
           Subdivision 1.  [RESPONSIBILITY TO CLIENTS.] A social 
        worker's primary professional responsibility is to the client.  
        A social worker must respect the client's interests, including 
        the interest in self-determination, except when required to do 
        otherwise by law. 
           Subd. 2.  [NONDISCRIMINATION.] A social worker must not 
        discriminate against a client, intern, student, or supervisee or 
        in providing services to a client, intern, or supervisee on the 
        basis of age, gender, sexual orientation, race, color, national 
        origin, religion, illness, disability, political affiliation, or 
        social or economic status. 
           Subd. 3.  [RESEARCH.] When undertaking research activities, 
        a social worker must use accepted protocols for the protection 
        of human subjects, including (1) establishing appropriate 
        safeguards to protect the subject's vulnerability, and (2) 
        obtaining the subjects' informed consent. 
           Sec. 49.  [148D.220] [RELATIONSHIPS WITH CLIENTS, FORMER 
        CLIENTS, AND OTHER INDIVIDUALS.] 
           Subdivision 1.  [SOCIAL WORKER RESPONSIBILITY.] (a) A 
        social worker is responsible for acting professionally in 
        relationships with clients or former clients.  A client or a 
        former client's initiation of, or attempt to engage in, or 
        request to engage in, a personal, sexual, or business 
        relationship is not a defense to a violation of this section.  
           (b) When a relationship is permitted by this section, 
        social workers who engage in such a relationship assume the full 
        burden of demonstrating that the relationship will not be 
        detrimental to the client or the professional relationship. 
           Subd. 2.  [PROFESSIONAL BOUNDARIES.] A social worker must 
        maintain appropriate professional boundaries with a client.  A 
        social worker must not engage in practices with clients that 
        create an unacceptable risk of client harm or of impairing a 
        social worker's objectivity or professional judgment.  A social 
        worker must not act or fail to act in a way that, as judged by a 
        reasonable and prudent social worker, inappropriately encourages 
        the client to relate to the social worker outside of the 
        boundaries of the professional relationship, or in a way that 
        interferes with the client's ability to benefit from social work 
        services from the social worker. 
           Subd. 3.  [MISUSE OF PROFESSIONAL RELATIONSHIP.] A social 
        worker must not use the professional relationship with a client, 
        student, supervisee, or intern to further the social worker's 
        personal, emotional, financial, sexual, religious, political, or 
        business benefit or interests. 
           Subd. 4.  [IMPROPER TERMINATION.] A social worker must not 
        terminate a professional relationship for the purpose of 
        beginning a personal, sexual, or business relationship with a 
        client. 
           Subd. 5.  [PERSONAL RELATIONSHIP WITH A CLIENT.] (a) Except 
        as provided in paragraph (b), a social worker must not engage in 
        a personal relationship with a client that creates a risk of 
        client harm or of impairing a social worker's objectivity or 
        professional judgment. 
           (b) Notwithstanding paragraph (a), if a social worker is 
        unable to avoid a personal relationship with a client, the 
        social worker must take appropriate precautions, such as 
        consultation or supervision, to address the potential for risk 
        of client harm or of impairing a social worker's objectivity or 
        professional judgment. 
           Subd. 6.  [PERSONAL RELATIONSHIP WITH A FORMER CLIENT.] A 
        social worker may engage in a personal relationship with a 
        former client after appropriate termination of the professional 
        relationship, except: 
           (1) as prohibited by subdivision 8; or 
           (2) if a reasonable and prudent social worker would 
        conclude after appropriate assessment that (i) the former client 
        is emotionally dependent on the social worker or continues to 
        relate to the social worker as a client, or (ii) the social 
        worker is emotionally dependent on the client or continues to 
        relate to the former client as a social worker. 
           Subd. 7.  [SEXUAL CONDUCT WITH A CLIENT.] A social worker 
        must not engage in or suggest sexual conduct with a client. 
           Subd. 8.  [SEXUAL CONDUCT WITH A FORMER CLIENT.] (a) A 
        social worker who has engaged in diagnosing, counseling, or 
        treating a client with mental, emotional, or behavioral 
        disorders must not engage in or suggest sexual conduct with the 
        former client under any circumstances unless: 
           (1) the social worker did not intentionally or 
        unintentionally coerce, exploit, deceive, or manipulate the 
        former client at any time; 
           (2) the social worker did not represent to the former 
        client that sexual conduct with the social worker is consistent 
        with or part of the client's treatment; 
           (3) the social worker's sexual conduct was not detrimental 
        to the former client at any time; 
           (4) the former client is not emotionally dependent on the 
        social worker and does not continue to relate to the social 
        worker as a client; and 
           (5) the social worker is not emotionally dependent on the 
        client and does not continue to relate to the former client as a 
        social worker. 
           (b) If there is an alleged violation of paragraph (a), the 
        social worker assumes the full burden of demonstrating to the 
        board that the social worker did not intentionally or 
        unintentionally coerce, exploit, deceive, or manipulate the 
        client, and the social worker's sexual conduct was not 
        detrimental to the client at any time.  Upon request, a social 
        worker must provide information to the board addressing: 
           (1) the amount of time that has passed since termination of 
        services; 
           (2) the duration, intensity, and nature of services; 
           (3) the circumstances of termination of services; 
           (4) the former client's emotional, mental, and behavioral 
        history; 
           (5) the former client's current emotional, mental, and 
        behavioral status; 
           (6) the likelihood of adverse impact on the former client; 
        and 
           (7) the existence of actions, conduct, or statements made 
        by the social worker during the course of services suggesting or 
        inviting the possibility of a sexual relationship with the 
        client following termination of services. 
           (c) A social worker who has provided social work services 
        other than those described in paragraph (a) to a client must not 
        engage in or suggest sexual conduct with the former client if a 
        reasonable and prudent social worker would conclude after 
        appropriate assessment that engaging in such behavior with the 
        former client would create an unacceptable risk of harm to the 
        former client. 
           Subd. 9.  [SEXUAL CONDUCT WITH A STUDENT, SUPERVISEE, OR 
        INTERN.] (a) A social worker must not engage in or suggest 
        sexual conduct with a student while the social worker has 
        authority over any part of the student's academic program. 
           (b) A social worker supervising an intern must not engage 
        in or suggest sexual conduct with the intern during the course 
        of the internship. 
           (c) A social worker practicing social work as a supervisor 
        must not engage in or suggest sexual conduct with a supervisee 
        during the period of supervision. 
           Subd. 10.  [SEXUAL HARASSMENT.] A social worker must not 
        engage in any physical, oral, written, or electronic behavior 
        that a client, former client, student, supervisee, or intern may 
        reasonably interpret as sexually harassing or sexually demeaning.
           Subd. 11.  [BUSINESS RELATIONSHIP WITH A CLIENT.] A social 
        worker must not purchase goods or services from a client or 
        otherwise engage in a business relationship with a client except 
        when: 
           (1) a social worker purchases goods or services from the 
        client and a reasonable and prudent social worker would 
        determine that it is not practical or reasonable to obtain the 
        goods or services from another provider; and 
           (2) engaging in the business relationship will not be 
        detrimental to the client or the professional relationship. 
           Subd. 12.  [BUSINESS RELATIONSHIP WITH A FORMER CLIENT.] A 
        social worker may purchase goods or services from a former 
        client or otherwise engage in a business relationship with a 
        former client after appropriate termination of the professional 
        relationship unless a reasonable and prudent social worker would 
        conclude after appropriate assessment that: 
           (1) the former client is emotionally dependent on the 
        social worker and purchasing goods or services from the former 
        client or otherwise engaging in a business relationship with the 
        former client would be detrimental to the former client; or 
           (2) the social worker is emotionally dependent on the 
        former client and purchasing goods or services from the former 
        client or otherwise engaging in a business relationship with the 
        former client would be detrimental to the former client. 
           Subd. 13.  [PREVIOUS SEXUAL, PERSONAL, OR BUSINESS 
        RELATIONSHIP.] (a) A social worker must not engage in a social 
        worker/client relationship with an individual with whom the 
        social worker had a previous sexual relationship. 
           (b) A social worker must not engage in a social 
        worker/client relationship with an individual with whom the 
        social worker had a previous personal or business relationship 
        if a reasonable and prudent social worker would conclude after 
        appropriate assessment that the social worker/client 
        relationship would create an unacceptable risk of client harm or 
        that the social worker's objectivity or professional judgment 
        may be impaired. 
           Subd. 14.  [GIVING ALCOHOL OR OTHER DRUGS TO A CLIENT.] (a) 
        Unless authorized by law, a social worker must not offer 
        medication or controlled substances to a client. 
           (b) A social worker must not accept medication or 
        controlled substances from a client except that if authorized by 
        law, a social worker may accept medication or controlled 
        substances from a client for purposes of disposal or to monitor 
        use. 
           (c) A social worker must not offer alcoholic beverages to a 
        client except when such an offer is authorized or prescribed by 
        a physician or is in accordance with a client's care plan. 
           (d) A social worker must not accept alcoholic beverages 
        from a client. 
           Subd. 15.  [RELATIONSHIP WITH A CLIENT'S FAMILY OR 
        HOUSEHOLD MEMBER.] Subdivisions 1 to 14 apply to a social 
        worker's relationship with a client's family or household member 
        when a reasonable and prudent social worker would conclude after 
        appropriate assessment that a relationship with a family or 
        household member would create an unacceptable risk of harm to 
        the client. 
           Sec. 50.  [148D.225] [TREATMENT AND INTERVENTION SERVICES.] 
           Subdivision 1.  [ASSESSMENT OR DIAGNOSIS.] A social worker 
        must base treatment and intervention services on an assessment 
        or diagnosis.  A social worker must evaluate, on an ongoing 
        basis, the appropriateness of the assessment or diagnosis. 
           Subd. 2.  [ASSESSMENT OR DIAGNOSTIC INSTRUMENTS.] A social 
        worker must not use an assessment or diagnostic instrument 
        without adequate training.  A social worker must follow 
        standards and accepted procedures for using an assessment or 
        diagnostic instrument.  A social worker must inform a client of 
        the purpose before administering the instrument and must make 
        the results available to the client. 
           Subd. 3.  [PLAN FOR SERVICES.] A social worker must develop 
        a plan for services that includes goals based on the assessment 
        or diagnosis.  A social worker must evaluate, on an ongoing 
        basis, the appropriateness of the plan and the client's progress 
        toward the goals. 
           Subd. 4.  [RECORDS.] (a) A social worker must make and 
        maintain current and accurate records, appropriate to the 
        circumstances, of all services provided to a client.  At a 
        minimum, the records must contain documentation of: 
           (1) the assessment or diagnosis; 
           (2) the content of the service plan; 
           (3) progress with the plan and any revisions of assessment, 
        diagnosis, or plan; 
           (4) any fees charged and payments made; 
           (5) copies of all client-written authorizations for release 
        of information; and 
           (6) other information necessary to provide appropriate 
        services. 
           (b) These records must be maintained by the social worker 
        for at least seven years after the last date of service to the 
        client.  Social workers who are employed by an agency or other 
        entity are not required to: 
           (1) maintain personal or separate records; or 
           (2) personally retain records at the conclusion of their 
        employment. 
           Subd. 5.  [TERMINATION OF SERVICES.] A social worker must 
        terminate a professional relationship with a client when the 
        social worker reasonably determines that the client is not 
        likely to benefit from continued services or the services are no 
        longer needed, unless the social worker is required by law to 
        provide services.  A social worker who anticipates terminating 
        services must give reasonable notice to the client in a manner 
        that is appropriate to the needs of the client.  The social 
        worker must provide appropriate referrals as needed or upon 
        request of the client. 
           Sec. 51.  [148D.230] [CONFIDENTIALITY AND RECORDS.] 
           Subdivision 1.  [INFORMED CONSENT.] (a) A social worker 
        must obtain valid, informed consent, appropriate to the 
        circumstances, before providing services to clients.  When 
        obtaining informed consent, the social worker must determine 
        whether the client has the capacity to provide informed 
        consent.  If the client does not have the capacity to provide 
        consent, the social worker must obtain consent for the services 
        from the client's legal representative.  The social worker must 
        not provide services, unless authorized or required by law, if 
        the client or the client's legal representative does not consent 
        to the services. 
           (b) If a social worker determines that a client does not 
        have the capacity to provide consent, and the client does not 
        have a legal representative, the social worker: 
           (1) must, except as provided in clause (2), secure a legal 
        representative for a client before providing services; or 
           (2) may, notwithstanding clause (1), provide services, 
        except when prohibited by other applicable law, that are 
        necessary to ensure the client's safety or to preserve the 
        client's property or financial resources. 
           (c) A social worker must use clear and understandable 
        language, including using an interpreter proficient in the 
        client's primary language as necessary, to inform clients of the 
        plan of services, risks related to the plan, limits to services, 
        relevant costs, terms of payment, reasonable alternatives, the 
        client's right to refuse or withdraw consent, and the time frame 
        covered by the consent. 
           Subd. 2.  [MANDATORY REPORTING AND DISCLOSURE OF CLIENT 
        INFORMATION.] At the beginning of a professional relationship 
        and during the professional relationship as necessary and 
        appropriate, a social worker must inform the client of those 
        circumstances under which the social worker may be required to 
        disclose client information specified in subdivision 3, 
        paragraph (a), without the client's consent. 
           Subd. 3.  [CONFIDENTIALITY OF CLIENT INFORMATION.] (a) A 
        social worker must ensure the confidentiality of all client 
        information obtained in the course of the social worker/client 
        relationship and all client information otherwise obtained by 
        the social worker that is relevant to the social worker/client 
        relationship.  Except as provided in this section, client 
        information may be disclosed or released only with the client's 
        or the client's legal representative's valid informed consent, 
        appropriate to the circumstances, except when otherwise required 
        by law.  A social worker must seek consent to disclose or 
        release client information only when such disclosure or release 
        is necessary to provide social work services. 
           (b) A social worker must continue to maintain 
        confidentiality of the client information specified in paragraph 
        (a) upon termination of the professional relationship including 
        upon the death of the client, except as provided under this 
        section or other applicable law. 
           (c) A social worker must limit access to the client 
        information specified in paragraph (a) in a social worker's 
        agency to appropriate agency staff whose duties require access. 
           Subd. 4.  [RELEASE OF CLIENT INFORMATION WITH WRITTEN 
        INFORMED CONSENT.] (a) Except as provided in subdivision 5, 
        client information specified in subdivision 3, paragraph (a), 
        may be released only with the client's or the client's legal 
        representative's written informed consent.  The written informed 
        consent must: 
           (1) explain to whom the client's records may be released; 
           (2) explain the purpose for the release; and 
           (3) state an expiration date for the authorized release of 
        the records. 
           (b) A social worker may provide client information 
        specified in subdivision 3, paragraph (a), to a third party for 
        the purpose of payment for services rendered only with the 
        client's written informed consent. 
           (c) Except as provided in subdivision 5, a social worker 
        may disclose client information specified in subdivision 3, 
        paragraph (a), only with the client's or the client's legal 
        representative's written informed consent.  When it is not 
        practical to obtain written informed consent before providing 
        necessary services, a social worker may disclose or release 
        client information with the client's or the client's legal 
        representative's oral informed consent. 
           (d) Unless otherwise authorized by law, a social worker 
        must obtain a client's written informed consent before taking a 
        photograph of the client or making an audio or video recording 
        of the client, or allowing a third party to do the same.  The 
        written informed consent must explain: 
           (1) the purpose of the photograph or the recording and how 
        the photograph or recording will be used, how it will be stored, 
        and when it will be destroyed; and 
           (2) how the client may have access to the photograph or 
        recording. 
           Subd. 5.  [RELEASE OF CLIENT INFORMATION WITHOUT WRITTEN 
        INFORMED CONSENT.] (a) A social worker may disclose client 
        information specified in subdivision 3, paragraph (a), without 
        the written consent of the client or the client's legal 
        representative only under the following circumstances or under 
        the circumstances described in paragraph (b): 
           (1) when mandated or authorized by federal or state law, 
        including the mandatory reporting requirements under the duty to 
        warn, maltreatment of minors, and vulnerable adult laws 
        specified in section 148D.240, subdivisions 6 to 8; 
           (2) when the board issues a subpoena to the social worker; 
        or 
           (3) when a court of competent jurisdiction orders release 
        of the client records or information. 
           (b) When providing services authorized or required by law 
        to a client who does not have the capacity to provide consent 
        and who does not have a legal representative, a social worker 
        must disclose or release client records or information as 
        necessary to provide services to ensure the client's safety or 
        to preserve the client's property or financial resources. 
           Subd. 6.  [RELEASE OF CLIENT RECORDS OR INFORMATION.] When 
        releasing client records or information under this section, a 
        social worker must release current, accurate, and complete 
        records or information. 
           Sec. 52.  [148D.235] [FEES AND BILLING PRACTICES.] 
           Subdivision 1.  [FEES AND PAYMENTS.] (a) A social worker 
        must ensure that a client or a client's legal representative is 
        informed of all fees at the initial session or meeting with the 
        client, and that payment for services is arranged with the 
        client or the client's legal representative at the beginning of 
        the professional relationship.  Upon request from a client or a 
        client's legal representative, a social worker must provide in a 
        timely manner a written payment plan or a written explanation of 
        the charges for any services rendered. 
           (b) When providing services authorized or required by law 
        to a client who does not have the capacity to provide consent 
        and who does not have a legal representative, a social worker 
        may submit reasonable bills to an appropriate payer for services 
        provided. 
           Subd. 2.  [BILLING FOR SERVICES NOT PROVIDED.] A social 
        worker must not bill for services that have not been provided 
        except that, with prior notice to the client, a social worker 
        may bill for failed appointments or for cancellations without 
        sufficient notice.  A social worker may bill only for provided 
        services which are necessary and appropriate.  Financial 
        responsibility for failed appointment billings resides solely 
        with the client and such costs may not be billed to public or 
        private payers. 
           Subd. 3.  [NO PAYMENT FOR REFERRALS.] A social worker must 
        not accept or give a commission, rebate, or other form of 
        remuneration solely or primarily to profit from the referral of 
        a client. 
           Subd. 4.  [FEES AND BILLING PRACTICES.] A social worker 
        must not engage in improper or fraudulent billing practices, 
        including, but not limited to, violations of the federal 
        Medicare and Medicaid laws or state medical assistance laws. 
           Sec. 53.  [148D.240] [REPORTING REQUIREMENTS.] 
           Subdivision 1.  [FAILURE TO SELF-REPORT ADVERSE 
        ACTIONS.] The board has grounds to take action under sections 
        148D.255 to 148D.270 when a social worker fails to report to the 
        board within 90 days: 
           (1) having been disciplined, sanctioned, or found to have 
        violated a state, territorial, provincial, or foreign licensing 
        agency's laws or rules; 
           (2) having been convicted of committing a felony, gross 
        misdemeanor, or misdemeanor reasonably related to the practice 
        of social work; 
           (3) having had a finding or verdict of guilt, whether or 
        not the adjudication of guilt is withheld or not entered, of 
        committing a felony, gross misdemeanor, or misdemeanor 
        reasonably related to the practice of social work; 
           (4) having admitted to committing, or entering a no contest 
        plea to committing, a felony, gross misdemeanor, or misdemeanor 
        reasonably related to the practice of social work; or 
           (5) having been denied licensure by a state, territorial, 
        provincial, or foreign licensing agency. 
           Subd. 2.  [FAILURE TO SUBMIT APPLICATION INFORMATION.] The 
        board has grounds to take action under sections 148D.255 to 
        148D.270 when an applicant or licensee fails to submit with an 
        application the following information: 
           (1) the dates and dispositions of any malpractice 
        settlements or awards made relating to the social work services 
        provided by the applicant or licensee; or 
           (2) the dates and dispositions of any civil litigations or 
        arbitrations relating to the social work services provided by 
        the applicant or licensee. 
           Subd. 3.  [REPORTING OTHER LICENSED HEALTH 
        PROFESSIONALS.] An applicant or licensee must report to the 
        appropriate health-related licensing board conduct by a licensed 
        health professional which would constitute grounds for 
        disciplinary action under the statutes and rules enforced by 
        that board. 
           Subd. 4.  [REPORTING UNLICENSED PRACTICE.] An applicant or 
        licensee must report to the board conduct by an unlicensed 
        person which constitutes the practice of social work, as defined 
        in section 148D.010, except when the unlicensed person is exempt 
        from licensure pursuant to section 148D.065. 
           Subd. 5.  [FAILURE TO REPORT OTHER APPLICANTS OR LICENSEES 
        AND UNLICENSED PRACTICE.] The board has grounds to take action 
        under sections 148D.255 to 148.270 when an applicant or licensee 
        fails to report to the board conduct: 
           (1) by another licensee or applicant which the applicant or 
        licensee has reason to believe may reasonably constitute grounds 
        for disciplinary action under this section; or 
           (2) by an unlicensed person that constitutes the practice 
        of social work when a license is required to practice social 
        work. 
           Subd. 6.  [DUTY TO WARN.] A licensee must comply with the 
        duty to warn established by section 148.975. 
           Subd. 7.  [REPORTING MALTREATMENT OF MINORS.] An applicant 
        or licensee must comply with the reporting of maltreatment of 
        minors established by section 626.556. 
           Subd. 8.  [REPORTING MALTREATMENT OF VULNERABLE ADULTS.] An 
        applicant or licensee must comply with the reporting of 
        maltreatment of vulnerable adults established by section 626.557.
           Subd. 9.  [SUBPOENAS.] The board may issue subpoenas 
        pursuant to section 148D.245 and chapter 214 for the production 
        of any reports required by this section or any related documents.
           Sec. 54.  [148D.245] [INVESTIGATIVE POWERS AND PROCEDURES.] 
           Subdivision 1.  [SUBPOENAS.] (a) The board may issue 
        subpoenas and compel the attendance of witnesses and the 
        production of all necessary papers, books, records, documents, 
        and other evidentiary material as part of its investigation of 
        an applicant or licensee under this section or chapter 214. 
           (b) If any person fails or refuses to appear or testify 
        regarding any matter about which the person may be lawfully 
        questioned, or fails or refuses to produce any papers, books, 
        records, documents, or other evidentiary materials in the matter 
        to be heard, after having been required by order of the board or 
        by a subpoena of the board to do so, the board may institute a 
        proceeding in any district court to enforce the board's order or 
        subpoena. 
           (c) The board or a designated member of the board acting on 
        behalf of the board may issue subpoenas or administer oaths to 
        witnesses or take affirmations.  Depositions may be taken within 
        or out of the state in the manner provided by law for the taking 
        of depositions in civil actions. 
           (d) A subpoena or other process or paper may be served upon 
        any person named therein, by mail or by any officer authorized 
        to serve subpoenas or other process or paper in civil actions, 
        with the same fees and mileage and in the same manner as 
        prescribed by law for service of process issued out of the 
        district court of this state. 
           (e) Fees, mileage, and other costs must be paid as the 
        board directs. 
           Subd. 2.  [CLASSIFICATION OF DATA.] (a) Any records 
        obtained as part of an investigation must be treated as 
        investigative data under section 13.41 and be classified as 
        confidential data. 
           (b) Notwithstanding paragraph (a), client records must be 
        treated as private data under chapter 13.  Client records must 
        be protected as private data in the records of the board and in 
        administrative or judicial proceedings unless the client 
        authorizes the board in writing to make public the identity of 
        the client or a portion or all of the client's records. 
           Subd. 3.  [MENTAL OR PHYSICAL EXAMINATION; CHEMICAL 
        DEPENDENCY EVALUATION.] (a) If the board has (1) probable cause 
        to believe that an applicant or licensee has violated a statute 
        or rule enforced by the board, or an order issued by the board 
        and (2) the board believes the applicant may have a 
        health-related condition relevant to the violation, the board 
        may issue an order directing the applicant or licensee to submit 
        to one or more of the following:  a mental examination, a 
        physical examination, or a chemical dependency evaluation. 
           (b) An examination or evaluation order issued by the board 
        must include: 
           (1) factual specifications on which the order is based; 
           (2) the purpose of the examination or evaluation; 
           (3) the name of the person or entity that will conduct the 
        examination or evaluation; and 
           (4) the means by which the examination or evaluation will 
        be paid for. 
           (c) Every applicant or licensee must submit to a mental 
        examination, a physical examination, or a chemical dependency 
        evaluation when ordered to do so in writing by the board. 
           (d) By submitting to a mental examination, a physical 
        examination, or a chemical dependency evaluation, an applicant 
        or licensee waives all objections to the admissibility of the 
        examiner or evaluator's testimony or reports on the grounds that 
        the testimony or reports constitute a privileged communication. 
           Subd. 4.  [FAILURE TO SUBMIT TO AN EXAMINATION.] (a) If an 
        applicant or licensee fails to submit to an examination or 
        evaluation ordered by the board pursuant to subdivision 3, 
        unless the failure was due to circumstances beyond the control 
        of the applicant or licensee, the failure is an admission that 
        the applicant or licensee violated a statute or rule enforced by 
        the board as specified in the examination or evaluation order 
        issued by the board.  The failure may result in an application 
        being denied or other adversarial, corrective, or disciplinary 
        action being taken by the board without a contested case hearing.
           (b) If an applicant or licensee requests a contested case 
        hearing after the board denies an application or takes other 
        disciplinary or adversarial action, the only issues which may be 
        determined at the hearing are: 
           (1) whether the board had probable cause to issue the 
        examination or evaluation order; and 
           (2) whether the failure to submit to the examination or 
        evaluation was due to circumstances beyond the control of the 
        applicant or licensee. 
           (c) Neither the record of a proceeding under this 
        subdivision nor an order issued by the board may be admissible, 
        subject to subpoena, or be used against the applicant or 
        licensee in a proceeding in which the board is not a party or 
        decision maker. 
           (d) Information obtained under this subdivision must be 
        treated as private data under chapter 13.  An order issued by 
        the board as the result of an applicant's or licensee's failure 
        to submit to an examination or evaluation must be treated as 
        public data under chapter 13. 
           Subd. 5.  [ACCESS TO DATA AND RECORDS.] (a) In addition to 
        ordering a physical or mental examination or chemical dependency 
        evaluation, and notwithstanding section 13.384, 144.651, 595.02, 
        or any other statute limiting access to health records, the 
        board or a designated member of the board acting on behalf of 
        the board may subpoena physical, mental, and chemical dependency 
        health records relating to an applicant or licensee without the 
        applicant's or licensee's consent if: 
           (1) the board has probable cause to believe that the 
        applicant or licensee has violated chapter 214, a statute or 
        rule enforced by the board, or an order issued by the board; and 
           (2) the board has reason to believe that the records are 
        relevant and necessary to the investigation. 
           (b) An applicant, licensee, insurance company, government 
        agency, health care facility, or provider as defined in section 
        144.335, subdivision 1, paragraph (b), must comply with any 
        subpoena of the board under this subdivision and is not liable 
        in any action for damages for releasing information subpoenaed 
        by the board under this subdivision unless the information 
        provided is false and the person or entity providing the 
        information knew or had reason to know that the information was 
        false. 
           (c) Information on individuals obtained under this 
        subdivision must be treated as investigative data under section 
        13.41 and be classified as confidential data. 
           (d) If an applicant, licensee, person, or entity does not 
        comply with any subpoena of the board under this subdivision, 
        the board may institute a proceeding in any district court to 
        enforce the board's subpoena. 
           Subd. 6.  [EVIDENCE OF PAST SEXUAL CONDUCT.] If, in a 
        proceeding for taking action against an applicant or licensee 
        under this section, the charges involve sexual contact with a 
        client or former client, the board or administrative law judge 
        must not consider evidence of the client's or former client's 
        previous sexual conduct.  Reference to the client's or former 
        client's previous sexual conduct must not be made during the 
        proceedings or in the findings, except by motion of the 
        complainant, unless the evidence would be admissible under the 
        applicable provisions of section 609.347, subdivision 3. 
           Subd. 7.  [INVESTIGATIONS INVOLVING VULNERABLE ADULTS OR 
        CHILDREN IN NEED OF PROTECTION.] (a) Except as provided in 
        paragraph (b), if the board receives a complaint about a social 
        worker regarding the social worker's involvement in a case of 
        vulnerable adults or children in need of protection, the county 
        or other appropriate public authority may request that the board 
        suspend its investigation, and the board must comply until such 
        time as the court issues its findings on the case. 
           (b) Notwithstanding paragraph (a), the board may continue 
        with an investigation if the board determines that doing so is 
        in the best interests of the vulnerable adult or child and is 
        consistent with the board's obligation to protect the public.  
        If the board chooses to continue an investigation, the board 
        must notify the county or other appropriate public authority in 
        writing and state its reasons for doing so. 
           Subd. 8.  [NOTIFICATION OF COMPLAINANT.] (a) In no more 
        than 14 calendar days after receiving a complaint regarding a 
        licensee, the board must notify the complainant that the board 
        has received the complaint. 
           (b) The board must periodically notify the complainant of 
        the status of the complaint. 
           Subd. 9.  [NOTIFICATION OF LICENSEE.] (a) Except as 
        provided in paragraph (b), in no more than 60 calendar days 
        after receiving a complaint regarding a licensee, the board must 
        notify the licensee that the board has received the complaint 
        and inform the licensee of: 
           (1) the substance of the complaint; 
           (2) the sections of the law that allegedly have been 
        violated; and 
           (3) whether an investigation is being conducted. 
           (b) Paragraph (a) does not apply if: 
           (1) the board determines that such notice would compromise 
        the board's investigation pursuant to section 214.10; or 
           (2) the board determines that such notice cannot reasonably 
        be accomplished within this time. 
           (c) The board must periodically notify the licensee of the 
        status of the complaint. 
           Subd. 10.  [RESOLUTION OF COMPLAINTS.] In no more than one 
        year after receiving a complaint regarding a licensee, the board 
        must resolve or dismiss the complaint unless the board 
        determines that resolving or dismissing the complaint cannot 
        reasonably be accomplished within this time. 
           Sec. 55.  [148D.250] [OBLIGATION TO COOPERATE.] 
           Subdivision 1.  [OBLIGATION TO COOPERATE.] An applicant or 
        licensee who is the subject of an investigation, or who is 
        questioned by or on behalf of the board in connection with an 
        investigation, must cooperate fully with the investigation.  
        Cooperation includes, but is not limited to: 
           (1) responding fully and promptly to any question relating 
        to the investigation; 
           (2) as reasonably requested by the board, providing copies 
        of client and other records in the applicant's or licensee's 
        possession relating to the investigation; 
           (3) executing release of records as reasonably requested by 
        the board; and 
           (4) appearing at conferences, hearings, or meetings 
        scheduled by the board, as required in sections 148D.255 to 
        148D.270 and chapter 214. 
           Subd. 2.  [INVESTIGATION.] A social worker must not 
        knowingly withhold relevant information, give false or 
        misleading information, or do anything to obstruct an 
        investigation of the social worker or another social worker by 
        the board or by another state or federal regulatory or law 
        enforcement authority. 
           Subd. 3.  [PAYMENT FOR COPIES.] The board must pay for 
        copies requested by the board. 
           Subd. 4.  [ACCESS TO CLIENT RECORDS.] Notwithstanding any 
        law to the contrary, an applicant or licensee must allow the 
        board access to any records of a client provided services by the 
        applicant or licensee under investigation.  If the client has 
        not signed a consent permitting access to the client's records, 
        the applicant or licensee must delete any data in the records 
        that identifies the client before providing the records to the 
        board. 
           Subd. 5.  [CLASSIFICATION OF DATA.] Any records obtained 
        pursuant to this subdivision must be treated as investigative 
        data pursuant to section 13.41 and be classified as confidential 
        data. 
           Sec. 56.  [148D.255] [TYPES OF ACTIONS.] 
           Subdivision 1.  [ACTIONS.] The board may take disciplinary 
        action pursuant to section 148D.260, adversarial but 
        nondisciplinary action pursuant to section 148D.265, or 
        voluntary action pursuant to section 148D.270.  Any action taken 
        under sections 148D.260 to 148D.270 is public data. 
           Subd. 2.  [DISCIPLINARY ACTION.] For purposes of section 
        148D.260, "disciplinary action" means an action taken by the 
        board against an applicant or licensee that addresses a 
        complaint alleging a violation of a statute or rule the board is 
        empowered to enforce. 
           Subd. 3.  [ADVERSARIAL BUT NONDISCIPLINARY ACTION.] For 
        purposes of section 148D.265, "adversarial but nondisciplinary 
        action" means a nondisciplinary action taken by the board that 
        addresses a complaint alleging a violation of a statute or rule 
        the board is empowered to enforce. 
           Subd. 4.  [VOLUNTARY ACTION.] For purposes of section 
        148D.270, "voluntary action" means a nondisciplinary action 
        agreed to by the board or a designated board member and an 
        applicant or licensee that, through educational or other 
        corrective means, addresses a complaint alleging a violation of 
        a statute or rule that the board is empowered to enforce. 
           Sec. 57.  [148D.260] [DISCIPLINARY ACTIONS.] 
           Subdivision 1.  [GENERAL DISCIPLINARY ACTIONS.] (a) When 
        the board has grounds for disciplinary actions under this 
        chapter, the board may take one or more of the following 
        disciplinary actions: 
           (1) deny an application; 
           (2) permanently revoke a license to practice social work; 
           (3) indefinitely or temporarily suspend a license to 
        practice social work; 
           (4) impose restrictions on a licensee's scope of practice; 
           (5) impose conditions required for the licensee to maintain 
        licensure, including, but not limited to, additional education, 
        supervision, and requiring the passing of an examination 
        provided for in section 148D.055; 
           (6) reprimand a licensee; 
           (7) impose a civil penalty of up to $10,000 for each 
        violation in order to discourage future violations or to deprive 
        the licensee of any economic advantage gained by reason of the 
        violation; or 
           (8) impose a fee to reimburse the board for all or part of 
        the cost of the proceedings resulting in disciplinary action, 
        including, but not limited to, the amount paid by the board for 
        services received from or expenses incurred by the Office of 
        Administrative Hearings, the Office of the Attorney General, 
        court reporters, witnesses, board members, board staff, or the 
        amount paid by the board for reproducing records. 
           (b) Disciplinary action taken by the board under this 
        subdivision is in effect pending determination of an appeal 
        unless the court, upon petition and for good cause shown, 
        decides otherwise. 
           Subd. 2.  [REPRIMANDS.] (a) In addition to the board's 
        authority to issue a reprimand pursuant to subdivision 1, a 
        designated board member reviewing a complaint as provided for in 
        chapter 214 may issue a reprimand to a licensee.  The designated 
        board member must notify the licensee that the reprimand will 
        become final disciplinary action unless the licensee requests a 
        hearing by the board within 14 calendar days. 
           (b) If the licensee requests a hearing within 14 calendar 
        days, the board must schedule a hearing unless the designated 
        board member withdraws the reprimand. 
           (c) The hearing must be scheduled within 14 working days of 
        the time the licensee submits a request for the hearing. 
           (d) The designated board member who issued the reprimand 
        may participate in the hearing but must not deliberate or vote 
        on the decision by the board. 
           (e) The only evidence permitted at the hearing is 
        affidavits or other documents except for testimony by the 
        licensee or other witnesses whose testimony the board chair has 
        authorized for good cause. 
           (f) If testimony is authorized, the testimony is subject to 
        cross-examination. 
           (g) After the hearing, the board must affirm or dismiss the 
        reprimand. 
           Subd. 3.  [TEMPORARY SUSPENSIONS.] (a) In addition to any 
        other remedy provided by statute, the board or a designated 
        board member may, without a hearing, temporarily suspend a 
        license to practice social work if the board or the designated 
        board member finds that: 
           (1) the licensee has violated a statute or rule enforced by 
        the board, any other federal or state law or rule related to the 
        practice of social work, or an order, stipulation, or agreement 
        agreed to or issued by the board; and 
           (2) continued practice by the licensee would create a 
        serious risk of harm to others. 
           (b) The suspension is in effect upon service of a written 
        order on the licensee specifying the statute, rule, order, 
        stipulation, or agreement violated.  Service of the order is 
        effective if the order is served on the licensee or the 
        licensee's attorney personally or by first class mail to the 
        most recent address provided to the board for the licensee or 
        the licensee's attorney. 
           (c) The temporary suspension remains in effect until after 
        the board issues an order pursuant to paragraph (e), or if there 
        is a contested case hearing, after the board issues a written 
        final order pursuant to paragraph (g). 
           (d) If the licensee requests in writing within five 
        calendar days of service of the order that the board hold a 
        hearing, the board must hold a hearing on the sole issue of 
        whether to continue, modify, or lift the suspension.  The board 
        must hold the hearing within ten working days of receipt of the 
        licensee's written request.  Evidence presented by the board or 
        licensee must be in affidavit form only, except that the 
        licensee or the licensee's attorney may present oral argument. 
           (e) Within five working days after the hearing, the board 
        must issue its order.  If the licensee contests the order, the 
        board must schedule a contested case hearing under chapter 14.  
        The contested case hearing must be scheduled to occur within 45 
        calendar days after issuance of the order. 
           (f) The administrative law judge must issue a report within 
        30 calendar days after the contested case hearing is concluded. 
           (g) The board must issue a final order within 30 calendar 
        days after the board receives the administrative law judge's 
        report. 
           Sec. 58.  [148D.265] [ADVERSARIAL BUT NONDISCIPLINARY 
        ACTIONS.] 
           Subdivision 1.  [AUTOMATIC SUSPENSIONS.] (a) A license to 
        practice social work is automatically suspended if: 
           (1) a guardian of a licensee is appointed by order of a 
        court pursuant to sections 524.5-101 and 524.5.102; or 
           (2) the licensee is committed by order of a court pursuant 
        to chapter 253B. 
           (b) A license remains suspended until: 
           (1) the licensee is restored to capacity by a court; and 
           (2) upon petition by the licensee and after a hearing or an 
        agreement with the licensee, the board terminates the suspension.
           (c) If the board terminates the suspension, it may do so 
        with or without conditions or restrictions, including, but not 
        limited to, participation in the health professional services 
        program. 
           Subd. 2.  [CEASE AND DESIST ORDERS.] (a) The board or a 
        designated board member may issue a cease and desist order to 
        stop a person from engaging in unauthorized practice or from 
        violating or threatening to violate a statute or rule enforced 
        by the board or an order, stipulation, or agreement agreed to or 
        issued by the board. 
           (b) The cease and desist order must state the reason for 
        its issuance and give notice of the person's right to request a 
        hearing under sections 14.57 to 14.62.  If the person fails to 
        request a hearing in writing postmarked within 15 calendar days 
        after service of the cease and desist order, the order is the 
        final order of the board and is not reviewable by a court or 
        agency. 
           (c) If the board receives a written request for a hearing 
        postmarked within 15 calendar days after service of the cease 
        and desist order, the board must schedule a hearing within 30 
        calendar days of receiving the request. 
           (d) The administrative law judge must issue a report within 
        30 calendar days after the contested case hearing is concluded. 
           (e) Within 30 calendar days after the board receives the 
        administrative law judge's report, the board must issue a final 
        order modifying, vacating, or making permanent the cease and 
        desist order.  The final order remains in effect until modified 
        or vacated by the board. 
           (f) If a person does not comply with a cease and desist 
        order, the board may institute a proceeding in any district 
        court to obtain injunctive relief or other appropriate relief, 
        including but not limited to, a civil penalty payable to the 
        board of up to $10,000 for each violation. 
           (g) A cease and desist order issued pursuant to this 
        subdivision does not relieve a person from criminal prosecution 
        by a competent authority or from disciplinary action by the 
        board. 
           Subd. 3.  [INJUNCTIVE RELIEF.] (a) In addition to any other 
        remedy provided by law, the board may bring an action in 
        district court for injunctive relief to restrain any 
        unauthorized practice or violation or threatened violation of 
        any statute or rule, stipulation, or agreement agreed to or 
        enforced by the board or an order issued by the board. 
           (b) A temporary restraining order may be granted in the 
        proceeding if continued activity by a person would create an 
        imminent risk of harm to others. 
           (c) Injunctive relief granted pursuant to this subdivision 
        does not relieve a person from criminal prosecution by a 
        competent authority or from disciplinary action by the board. 
           (d) In bringing an action for injunctive relief, the board 
        need not show irreparable harm. 
           Sec. 59.  [148D.270] [VOLUNTARY ACTIONS.] 
           Subdivision 1.  [AGREEMENTS FOR CORRECTIVE ACTION.] (a) The 
        board or a designated board member may enter into an agreement 
        for corrective action with an applicant or licensee when the 
        board or a designated board member determines that a complaint 
        alleging a violation of a statute or rule enforced by the board 
        or an order issued by the board may best be resolved through an 
        agreement for corrective action when disciplinary action is not 
        required to protect the public. 
           (b) An agreement for corrective action must: 
           (1) be in writing; 
           (2) specify the facts upon which the agreement is based; 
           (3) clearly indicate the corrective action agreed upon; and 
           (4) provide that the complaint that resulted in the 
        agreement must be dismissed by the board or the designated board 
        member upon successful completion of the corrective action. 
           (c) The board or designated board member may determine 
        successful completion when the applicant or licensee submits a 
        request for dismissal that documents the applicant's or 
        licensee's successful completion of the corrective action.  The 
        burden of proof is on the applicant or licensee to prove 
        successful completion. 
           (d) An agreement for corrective action is not disciplinary 
        action but must be treated as public data under chapter 13. 
           (e) The board may impose a fee to reimburse the board for 
        all or part of the costs of the proceedings resulting in a 
        corrective action, including, but not limited to, the amount 
        paid by the board for services received from or expenses 
        incurred by the Office of the Attorney General, board members, 
        board staff, or the amount paid by the board for reproducing 
        records. 
           (f) The board or designated board member must not enter 
        into an agreement for corrective action when the complaint 
        alleged sexual conduct with a client unless there is 
        insufficient evidence to justify disciplinary action but there 
        is a basis for corrective action. 
           Subd. 2.  [STIPULATIONS TO CEASE PRACTICING SOCIAL 
        WORK.] (a) The board or a designated board member may enter into 
        a stipulation to cease practicing social work with a licensee if 
        the board or designated board member determines that the 
        licensee is unable to practice social work competently or safely 
        or that the social worker's continued practice creates an 
        unacceptable risk of safety to clients, potential clients, or 
        the public. 
           (b) A stipulation to cease practicing social work must: 
           (1) be in writing; 
           (2) specify the facts upon which the stipulation is based; 
           (3) clearly indicate that the licensee must not practice 
        social work and must not hold out to the public that the social 
        worker is licensed; and 
           (4) specify the term of the stipulation or when and under 
        what circumstances the licensee may petition the board for 
        termination of the stipulation. 
           (c) A stipulation to cease practicing social work is not 
        disciplinary action but must be treated as public data under 
        chapter 13. 
           (d) Nothing in this subdivision prevents the board or 
        designated board member from taking any other disciplinary or 
        adversarial action authorized by sections 148D.255 to 148D.265 
        in lieu of or in addition to entering into a stipulation to 
        cease practicing social work. 
           Sec. 60.  [148D.275] [UNAUTHORIZED PRACTICE.] 
           No individual may: 
           (1) engage in the practice of social work without a social 
        work license under sections 148D.055 and 148D.060, except when 
        the individual is exempt from licensure pursuant to section 
        148D.065; 
           (2) provide social work services to a client who resides in 
        this state when the individual providing the services is not 
        licensed as a social worker pursuant to sections 148D.055 to 
        148D.060, except when the individual is exempt from licensure 
        pursuant to section 148D.065. 
           Sec. 61.  [148D.280] [USE OF TITLES.] 
           No individual may be presented to the public by any title 
        incorporating the words "social work" or "social worker" or in 
        the titles in section 148D.195, unless that individual holds a 
        license pursuant to sections 148D.055 and 148D.060, or practices 
        in a setting exempt from licensure pursuant to section 148D.065. 
           Sec. 62.  [148D.285] [REPORTING REQUIREMENTS.] 
           Subdivision 1.  [INSTITUTIONS.] A state agency, political 
        subdivision, agency of a local unit of government, private 
        agency, hospital, clinic, prepaid medical plan, or other health 
        care institution or organization must report to the board: 
           (1) any adversarial action, disciplinary action, or other 
        sanction for conduct that might constitute grounds for action 
        under section 148D.190; 
           (2) the resignation of any applicant or licensee prior to 
        the conclusion of any proceeding for adversarial action, 
        disciplinary action, or other sanction for conduct that might 
        constitute grounds for action under section 148D.190; or 
           (3) the resignation of any applicant or licensee prior to 
        the commencement of a proceeding for adversarial action, 
        disciplinary action, or other sanction for conduct that might 
        constitute grounds for action under section 148D.190, but after 
        the applicant or licensee had knowledge that a proceeding was 
        contemplated or in preparation. 
           Subd. 2.  [PROFESSIONAL SOCIETIES AND ASSOCIATIONS.] A 
        state or local professional society or association whose members 
        consist primarily of licensed social workers must report to the 
        board any adversarial action, disciplinary action, or other 
        sanction taken against a member. 
           Subd. 3.  [IMMUNITY.] An individual, professional society 
        or association, state agency, political subdivision, agency of a 
        local unit of government, private agency, hospital, clinic, 
        prepaid medical plan, other health care institution or 
        organization or other entity is immune from civil liability or 
        criminal prosecution for submitting in good faith a report under 
        subdivision 1 or 2 or for otherwise reporting, providing 
        information, or testifying about violations or alleged 
        violations of this chapter. 
           Sec. 63.  [148D.290] [PENALTIES.] 
           An individual or other entity that violates section 
        148D.275, 148D.280, or 148D.285 is guilty of a misdemeanor. 
           Sec. 64.  Minnesota Statutes 2004, section 214.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
        licensing board" means the Board of Examiners of Nursing Home 
        Administrators established pursuant to section 144A.19, the 
        Office of Unlicensed Complementary and Alternative Health Care 
        Practice established pursuant to section 146A.02, the Board of 
        Medical Practice created pursuant to section 147.01, the Board 
        of Nursing created pursuant to section 148.181, the Board of 
        Chiropractic Examiners established pursuant to section 148.02, 
        the Board of Optometry established pursuant to section 148.52, 
        the Board of Physical Therapy established pursuant to section 
        148.67, the Board of Psychology established pursuant to section 
        148.90, the Board of Social Work pursuant to section 148B.19 
        148D.025, the Board of Marriage and Family Therapy pursuant to 
        section 148B.30, the Office of Mental Health Practice 
        established pursuant to section 148B.61, the Board of Behavioral 
        Health and Therapy established by section 148B.51, the Alcohol 
        and Drug Counselors Licensing Advisory Council established 
        pursuant to section 148C.02, the Board of Dietetics and 
        Nutrition Practice established under section 148.622, the Board 
        of Dentistry established pursuant to section 150A.02, the Board 
        of Pharmacy established pursuant to section 151.02, the Board of 
        Podiatric Medicine established pursuant to section 153.02, and 
        the Board of Veterinary Medicine, established pursuant to 
        section 156.01. 
           Sec. 65.  Minnesota Statutes 2004, section 245.462, 
        subdivision 18, is amended to read: 
           Subd. 18.  [MENTAL HEALTH PROFESSIONAL.] "Mental health 
        professional" means a person providing clinical services in the 
        treatment of mental illness who is qualified in at least one of 
        the following ways:  
           (1) in psychiatric nursing:  a registered nurse who is 
        licensed under sections 148.171 to 148.285; and: 
           (i) who is certified as a clinical specialist or as a nurse 
        practitioner in adult or family psychiatric and mental health 
        nursing by a national nurse certification organization; or 
           (ii) who has a master's degree in nursing or one of the 
        behavioral sciences or related fields from an accredited college 
        or university or its equivalent, with at least 4,000 hours of 
        post-master's supervised experience in the delivery of clinical 
        services in the treatment of mental illness; 
           (2) in clinical social work:  a person licensed as an 
        independent clinical social worker under section 148B.21, 
        subdivision 6 chapter 148D, or a person with a master's degree 
        in social work from an accredited college or university, with at 
        least 4,000 hours of post-master's supervised experience in the 
        delivery of clinical services in the treatment of mental 
        illness; 
           (3) in psychology:  an individual licensed by the Board of 
        Psychology under sections 148.88 to 148.98 who has stated to the 
        Board of Psychology competencies in the diagnosis and treatment 
        of mental illness; 
           (4) in psychiatry:  a physician licensed under chapter 147 
        and certified by the American Board of Psychiatry and Neurology 
        or eligible for board certification in psychiatry; 
           (5) in marriage and family therapy:  the mental health 
        professional must be a marriage and family therapist licensed 
        under sections 148B.29 to 148B.39 with at least two years of 
        post-master's supervised experience in the delivery of clinical 
        services in the treatment of mental illness; or 
           (6) in allied fields:  a person with a master's degree from 
        an accredited college or university in one of the behavioral 
        sciences or related fields, with at least 4,000 hours of 
        post-master's supervised experience in the delivery of clinical 
        services in the treatment of mental illness. 
           Sec. 66.  Minnesota Statutes 2004, section 245.4871, 
        subdivision 27, is amended to read: 
           Subd. 27.  [MENTAL HEALTH PROFESSIONAL.] "Mental health 
        professional" means a person providing clinical services in the 
        diagnosis and treatment of children's emotional disorders.  A 
        mental health professional must have training and experience in 
        working with children consistent with the age group to which the 
        mental health professional is assigned.  A mental health 
        professional must be qualified in at least one of the following 
        ways:  
           (1) in psychiatric nursing, the mental health professional 
        must be a registered nurse who is licensed under sections 
        148.171 to 148.285 and who is certified as a clinical specialist 
        in child and adolescent psychiatric or mental health nursing by 
        a national nurse certification organization or who has a 
        master's degree in nursing or one of the behavioral sciences or 
        related fields from an accredited college or university or its 
        equivalent, with at least 4,000 hours of post-master's 
        supervised experience in the delivery of clinical services in 
        the treatment of mental illness; 
           (2) in clinical social work, the mental health professional 
        must be a person licensed as an independent clinical social 
        worker under section 148B.21, subdivision 6 chapter 148D, or a 
        person with a master's degree in social work from an accredited 
        college or university, with at least 4,000 hours of 
        post-master's supervised experience in the delivery of clinical 
        services in the treatment of mental disorders; 
           (3) in psychology, the mental health professional must be 
        an individual licensed by the board of psychology under sections 
        148.88 to 148.98 who has stated to the board of psychology 
        competencies in the diagnosis and treatment of mental disorders; 
           (4) in psychiatry, the mental health professional must be a 
        physician licensed under chapter 147 and certified by the 
        American board of psychiatry and neurology or eligible for board 
        certification in psychiatry; 
           (5) in marriage and family therapy, the mental health 
        professional must be a marriage and family therapist licensed 
        under sections 148B.29 to 148B.39 with at least two years of 
        post-master's supervised experience in the delivery of clinical 
        services in the treatment of mental disorders or emotional 
        disturbances; or 
           (6) in allied fields, the mental health professional must 
        be a person with a master's degree from an accredited college or 
        university in one of the behavioral sciences or related fields, 
        with at least 4,000 hours of post-master's supervised experience 
        in the delivery of clinical services in the treatment of 
        emotional disturbances. 
           Sec. 67.  Minnesota Statutes 2004, section 256B.0625, 
        subdivision 38, is amended to read: 
           Subd. 38.  [PAYMENTS FOR MENTAL HEALTH SERVICES.] Payments 
        for mental health services covered under the medical assistance 
        program that are provided by masters-prepared mental health 
        professionals shall be 80 percent of the rate paid to 
        doctoral-prepared professionals.  Payments for mental health 
        services covered under the medical assistance program that are 
        provided by masters-prepared mental health professionals 
        employed by community mental health centers shall be 100 percent 
        of the rate paid to doctoral-prepared professionals.  For 
        purposes of reimbursement of mental health professionals under 
        the medical assistance program, all social workers who: 
           (1) have received a master's degree in social work from a 
        program accredited by the Council on Social Work Education; 
           (2) are licensed at the level of graduate social worker or 
        independent social worker; and 
           (3) are practicing clinical social work under appropriate 
        supervision, as defined by section 148B.18 chapter 148D; meet 
        all requirements under Minnesota Rules, part 9505.0323, subpart 
        24, and shall be paid accordingly.  
           Sec. 68.  Minnesota Statutes 2004, section 256J.08, 
        subdivision 73a, is amended to read: 
           Subd. 73a.  [QUALIFIED PROFESSIONAL.] (a) For physical 
        illness, injury, or incapacity, a "qualified professional" means 
        a licensed physician, a physician's assistant, a nurse 
        practitioner, or a licensed chiropractor. 
           (b) For mental retardation and intelligence testing, a 
        "qualified professional" means an individual qualified by 
        training and experience to administer the tests necessary to 
        make determinations, such as tests of intellectual functioning, 
        assessments of adaptive behavior, adaptive skills, and 
        developmental functioning.  These professionals include licensed 
        psychologists, certified school psychologists, or certified 
        psychometrists working under the supervision of a licensed 
        psychologist. 
           (c) For learning disabilities, a "qualified professional" 
        means a licensed psychologist or school psychologist with 
        experience determining learning disabilities.  
           (d) For mental health, a "qualified professional" means a 
        licensed physician or a qualified mental health professional.  A 
        "qualified mental health professional" means: 
           (1) for children, in psychiatric nursing, a registered 
        nurse who is licensed under sections 148.171 to 148.285, and who 
        is certified as a clinical specialist in child and adolescent 
        psychiatric or mental health nursing by a national nurse 
        certification organization or who has a master's degree in 
        nursing or one of the behavioral sciences or related fields from 
        an accredited college or university or its equivalent, with at 
        least 4,000 hours of post-master's supervised experience in the 
        delivery of clinical services in the treatment of mental 
        illness; 
           (2) for adults, in psychiatric nursing, a registered nurse 
        who is licensed under sections 148.171 to 148.285, and who is 
        certified as a clinical specialist in adult psychiatric and 
        mental health nursing by a national nurse certification 
        organization or who has a master's degree in nursing or one of 
        the behavioral sciences or related fields from an accredited 
        college or university or its equivalent, with at least 4,000 
        hours of post-master's supervised experience in the delivery of 
        clinical services in the treatment of mental illness; 
           (3) in clinical social work, a person licensed as an 
        independent clinical social worker under section 148B.21, 
        subdivision 6 chapter 148D, or a person with a master's degree 
        in social work from an accredited college or university, with at 
        least 4,000 hours of post-master's supervised experience in the 
        delivery of clinical services in the treatment of mental 
        illness; 
           (4) in psychology, an individual licensed by the Board of 
        Psychology under sections 148.88 to 148.98, who has stated to 
        the Board of Psychology competencies in the diagnosis and 
        treatment of mental illness; 
           (5) in psychiatry, a physician licensed under chapter 147 
        and certified by the American Board of Psychiatry and Neurology 
        or eligible for board certification in psychiatry; and 
           (6) in marriage and family therapy, the mental health 
        professional must be a marriage and family therapist licensed 
        under sections 148B.29 to 148B.39, with at least two years of 
        post-master's supervised experience in the delivery of clinical 
        services in the treatment of mental illness. 
           Sec. 69.  Minnesota Statutes 2004, section 319B.02, 
        subdivision 19, is amended to read: 
           Subd. 19.  [PROFESSIONAL SERVICES.] "Professional services" 
        means services of the type required or permitted to be furnished 
        by a professional under a license, registration, or certificate 
        issued by the state of Minnesota to practice medicine and 
        surgery under sections 147.01 to 147.22, as a physician 
        assistant pursuant to sections 147A.01 to 147A.27, chiropractic 
        under sections 148.01 to 148.105, registered nursing under 
        sections 148.171 to 148.285, optometry under sections 148.52 to 
        148.62, psychology under sections 148.88 to 148.98, social work 
        under sections 148B.18 to 148B.289 chapter 148D, dentistry and 
        dental hygiene under sections 150A.01 to 150A.12, pharmacy under 
        sections 151.01 to 151.40, podiatric medicine under sections 
        153.01 to 153.25, veterinary medicine under sections 156.001 to 
        156.14, architecture, engineering, surveying, landscape 
        architecture, geoscience, and certified interior design under 
        sections 326.02 to 326.15, accountancy under chapter 326A, or 
        law under sections 481.01 to 481.17, or under a license or 
        certificate issued by another state under similar laws.  
        Professional services includes services of the type required to 
        be furnished by a professional pursuant to a license or other 
        authority to practice law under the laws of a foreign nation. 
           Sec. 70.  Minnesota Statutes 2004, section 319B.40, is 
        amended to read: 
           319B.40 [PROFESSIONAL HEALTH SERVICES.] 
           (a) Individuals who furnish professional services pursuant 
        to a license, registration, or certificate issued by the state 
        of Minnesota to practice medicine pursuant to sections 147.01 to 
        147.22, as a physician assistant pursuant to sections 147A.01 to 
        147A.27, chiropractic pursuant to sections 148.01 to 148.106, 
        registered nursing pursuant to sections 148.171 to 148.285, 
        optometry pursuant to sections 148.52 to 148.62, psychology 
        pursuant to sections 148.88 to 148.98, social work pursuant to 
        sections 148B.18 to 148B.289 chapter 148D, dentistry pursuant to 
        sections 150A.01 to 150A.12, pharmacy pursuant to sections 
        151.01 to 151.40, or podiatric medicine pursuant to sections 
        153.01 to 153.26 are specifically authorized to practice any of 
        these categories of services in combination if the individuals 
        are organized under this chapter. 
           (b) This authorization does not authorize an individual to 
        practice any profession, or furnish a professional service, for 
        which the individual is not licensed, registered, or certified, 
        but otherwise applies regardless of any contrary provision of a 
        licensing statute or rules adopted pursuant to that statute, 
        related to practicing and organizing in combination with other 
        health services professionals. 
           Sec. 71.  [REPEALER.] 
           Subdivision 1.  [REPEAL OF STATUTES.] Minnesota Statutes 
        2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21; 
        148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24; 
        148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282; 
        148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; and 
        148B.289, are repealed. 
           Subd. 2.  [REPEAL OF RULES.] Minnesota Rules, parts 
        8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130; 
        8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240; 
        8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315; 
        8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; and 
        8740.0345, are repealed. 
           Sec. 72.  [EFFECTIVE DATE.] 
           This article is effective January 1, 2006. 

                                   ARTICLE 2
                           BOARD OF PHYSICAL THERAPY
           Section 1.  Minnesota Statutes 2004, section 148.65, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [PHYSICAL THERAPIST ASSISTANT.] "Physical 
        therapist assistant" means a graduate of a physical therapist 
        assistant educational program accredited by the Commission on 
        Accreditation in Physical Therapy Education (CAPTE) or a 
        recognized comparable national accrediting agency approved by 
        the board.  The physical therapist assistant, under the 
        direction and supervision of the physical therapist, performs 
        physical therapy interventions and assists with coordination, 
        communication, and documentation; and patient-client-related 
        instruction.  The physical therapist is not required to be 
        on-site except as required under Minnesota Rules, part 
        5601.1500, but must be easily available by telecommunications. 
           Sec. 2.  Minnesota Statutes 2004, section 148.65, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [PHYSICAL THERAPY AIDE.] "Physical therapy aide" 
        means a person, working under the direct supervision of a 
        physical therapist, who is not a physical therapist assistant as 
        defined in subdivision 3, who performs tasks as provided under 
        Minnesota Rules, part 5601.1400. 
           Sec. 3.  Minnesota Statutes 2004, section 148.65, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [STUDENT PHYSICAL THERAPIST.] "Student physical 
        therapist" means a person in a professional educational program, 
        approved by the board under section 148.705, who is satisfying 
        supervised clinical education requirements by performing 
        physical therapy under the on-site supervision of a licensed 
        physical therapist.  "On-site supervision" means the physical 
        therapist is easily available for instruction to the student 
        physical therapist.  The physical therapist shall have direct 
        contact with the patient during at least every second treatment 
        session by the student physical therapist.  Telecommunications, 
        except within the facility, does not meet the requirement of 
        on-site supervision. 
           Sec. 4.  Minnesota Statutes 2004, section 148.65, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [STUDENT PHYSICAL THERAPIST ASSISTANT.] "Student 
        physical therapist assistant" means a person in a physical 
        therapist assistant educational program accredited by the 
        Commission on Accreditation in Physical Therapy Education 
        (CAPTE) or a recognized comparable national accrediting agency 
        approved by the board.  The student physical therapist 
        assistant, under the direct supervision of the physical 
        therapist, or the direct supervision of the physical therapist 
        and physical therapist assistant, performs physical therapy 
        interventions and assists with coordination, communication, 
        documentation, and patient-client-related instruction.  "Direct 
        supervision" means the physical therapist is physically present 
        and immediately available to provide instruction to the student 
        physical therapist assistant. 
           Sec. 5.  Minnesota Statutes 2004, section 148.65, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [SUPPORTIVE PERSONNEL.] "Supportive personnel" 
        means a physical therapist assistant and a physical therapy aide.
           Sec. 6.  Minnesota Statutes 2004, section 148.706, is 
        amended to read: 
           148.706 [SUPERVISION OF ASSISTANTS AND, AIDES, AND 
        STUDENTS.] 
           Every physical therapist who uses the services of an a 
        physical therapist assistant or physical therapy aide for the 
        purpose of assisting in the practice of physical therapy is 
        responsible for functions performed by the assistant or aide 
        while engaged in such assistance.  The physical therapist shall 
        permit the assistant or aide to perform only those functions 
        which the therapist is authorized by rule to delegate to a 
        physical therapist assistant or assign to a physical therapy 
        aide and shall provide supervision as specified delegate duties 
        to the physical therapist assistant and assign tasks to the 
        physical therapy aide in accordance with Minnesota Rules, part 
        5601.1400.  Physical therapists who instruct student physical 
        therapists and student physical therapist assistants are 
        responsible for the functions performed by the students and 
        shall supervise the students as provided under section 148.65, 
        subdivisions 5 and 6. 
           Sec. 7.  [148.735] [CANCELLATION OF LICENSE IN GOOD 
        STANDING.] 
           Subdivision 1.  [BOARD APPROVAL; REPORTING.] A physical 
        therapist holding an active license to practice physical therapy 
        in the state may, upon approval of the board, be granted license 
        cancellation if the board is not investigating the person as a 
        result of a complaint or information received or if the board 
        has not begun disciplinary proceedings against the person.  Such 
        action by the board shall be reported as a cancellation of a 
        license in good standing. 
           Subd. 2.  [FEES NONREFUNDABLE.] A physical therapist who 
        receives board approval for license cancellation is not entitled 
        to a refund of any license fees paid for the licensure year in 
        which cancellation of the license occurred. 
           Subd. 3.  [NEW LICENSE AFTER CANCELLATION.] If a physical 
        therapist who has been granted board approval for license 
        cancellation desires to resume the practice of physical therapy 
        in Minnesota, that physical therapist must obtain a new license 
        by applying for licensure and fulfilling the requirements then 
        in existence for obtaining an initial license to practice 
        physical therapy in Minnesota. 
           Sec. 8.  [148.736] [CANCELLATION OF CREDENTIALS UNDER 
        DISCIPLINARY ORDER.] 
           Subdivision 1.  [BOARD APPROVAL; REPORTING.] A physical 
        therapist, whose right to practice is under suspension, 
        condition, limitation, qualification, or restriction by the 
        board may be granted cancellation of credentials by approval of 
        the board.  Such action by the board shall be reported as 
        cancellation while under discipline.  Credentials, for purposes 
        of this section, means board authorized documentation of the 
        privilege to practice physical therapy. 
           Subd. 2.  [FEES NONREFUNDABLE.] A physical therapist who 
        receives board approval for credential cancellation is not 
        entitled to a refund of any fees paid for the credentialing year 
        in which cancellation of the credential occurred. 
           Subd. 3.  [NEW CREDENTIAL AFTER CANCELLATION.] If a 
        physical therapist who has been granted board approval for 
        credential cancellation desires to resume the practice of 
        physical therapy in Minnesota, that physical therapist must 
        obtain a new credential by applying to the board and fulfilling 
        the requirements then in existence for obtaining an initial 
        credential to practice physical therapy in Minnesota. 
           Sec. 9.  [148.737] [CANCELLATION OF LICENSE FOR 
        NONRENEWAL.] 
           The Board of Physical Therapy shall not renew, reissue, 
        reinstate, or restore a license that has lapsed on or after 
        January 1, 2006, and has not been renewed within two annual 
        license renewal cycles starting January 1, 2008.  A licensee 
        whose license is canceled for nonrenewal must obtain a new 
        license by applying for licensure and fulfilling all 
        requirements then in existence for an initial license to 
        practice physical therapy in Minnesota. 
           Sec. 10.  Minnesota Statutes 2004, section 148.75, is 
        amended to read: 
           148.75 [LICENSES; DENIAL, SUSPENSION, REVOCATION.] 
           (a) The state Board of Physical Therapy may refuse to grant 
        a license to any physical therapist, or may suspend or revoke 
        the license of any physical therapist for any of the following 
        grounds:  
           (1) using drugs or intoxicating liquors to an extent which 
        affects professional competence; 
           (2) conviction of a felony; 
           (3) conviction for violating any state or federal narcotic 
        law; 
           (4) obtaining a license or attempting to obtain a license 
        by fraud or deception; 
           (5) conduct unbecoming a person licensed as a physical 
        therapist or conduct detrimental to the best interests of the 
        public; 
           (6) gross negligence in the practice of physical therapy as 
        a physical therapist; 
           (7) treating human ailments by physical therapy after an 
        initial 30-day period of patient admittance to treatment has 
        lapsed, except by the order or referral of a person licensed in 
        this state in the practice of medicine as defined in section 
        147.081, the practice of chiropractic as defined in section 
        148.01, the practice of podiatry as defined in section 153.01, 
        or the practice of dentistry as defined in section 150A.05 and 
        whose license is in good standing; or when a previous diagnosis 
        exists indicating an ongoing condition warranting physical 
        therapy treatment, subject to periodic review defined by board 
        of physical therapy rule; 
           (8) treating human ailments, without referral, by physical 
        therapy treatment without first having practiced one year under 
        a physician's orders as verified by the board's records; 
           (9) failing to consult with the patient's health care 
        provider who prescribed the physical therapy treatment if the 
        treatment is altered by the physical therapist from the original 
        written order.  The provision does not include written orders to 
        "evaluate and treat"; 
           (10) treating human ailments other than by physical therapy 
        unless duly licensed or registered to do so under the laws of 
        this state; 
           (11) inappropriate delegation to a physical therapist 
        assistant or inappropriate task assignment to an aide or 
        inadequate supervision of either level of supportive personnel a 
        student physical therapist, physical therapist assistant, 
        student physical therapist assistant, or a physical therapy 
        aide; 
           (12) practicing as a physical therapist performing medical 
        diagnosis, the practice of medicine as defined in section 
        147.081, or the practice of chiropractic as defined in section 
        148.01; 
           (13) failing to comply with a reasonable request to obtain 
        appropriate clearance for mental or physical conditions that 
        would interfere with the ability to practice physical therapy, 
        and that may be potentially harmful to patients; 
           (14) dividing fees with, or paying or promising to pay a 
        commission or part of the fee to, any person who contacts the 
        physical therapist for consultation or sends patients to the 
        physical therapist for treatment; 
           (15) engaging in an incentive payment arrangement, other 
        than that prohibited by clause (14), that tends to promote 
        physical therapy overuse, that allows the referring person or 
        person who controls the availability of physical therapy 
        services to a client to profit unreasonably as a result of 
        patient treatment; 
           (16) practicing physical therapy and failing to refer to a 
        licensed health care professional a patient whose medical 
        condition at the time of evaluation has been determined by the 
        physical therapist to be beyond the scope of practice of a 
        physical therapist; and 
           (17) failing to report to the board other licensed physical 
        therapists who violate this section; and 
           (18) practice of physical therapy under lapsed or 
        nonrenewed credentials. 
           (b) A license to practice as a physical therapist is 
        suspended if (1) a guardian of the physical therapist is 
        appointed by order of a court pursuant to sections 524.5-101 to 
        524.5-502, for reasons other than the minority of the physical 
        therapist; or (2) the physical therapist is committed by order 
        of a court pursuant to chapter 253B.  The license remains 
        suspended until the physical therapist is restored to capacity 
        by a court and, upon petition by the physical therapist, the 
        suspension is terminated by the Board of Physical Therapy after 
        a hearing. 
           Sec. 11.  [148.754] [EXAMINATION; ACCESS TO MEDICAL DATA.] 
           (a) If the board has probable cause to believe that a 
        physical therapist comes under section 148.75, paragraph (a), it 
        may direct the physical therapist to submit to a mental or 
        physical examination.  For the purpose of this paragraph, every 
        physical therapist is deemed to have consented to submit to a 
        mental or physical examination when directed in writing by the 
        board and further to have waived all objections to the 
        admissibility of the examining physicians' testimony or 
        examination reports on the ground that they constitute a 
        privileged communication.  Failure of the physical therapist to 
        submit to an examination when directed constitutes an admission 
        of the allegations against the person, unless the failure was 
        due to circumstances beyond the person's control, in which case 
        a default and final order may be entered without the taking of 
        testimony or presentation of evidence.  A physical therapist 
        affected under this paragraph shall, at reasonable intervals, be 
        given an opportunity to demonstrate that the person can resume 
        the competent practice of physical therapy with reasonable skill 
        and safety to the public. 
           (b) In any proceeding under paragraph (a), neither the 
        record of proceedings nor the orders entered by the board shall 
        be used against a physical therapist in any other proceeding. 
           (c) In addition to ordering a physical or mental 
        examination, the board may, notwithstanding section 13.384, 
        144.651, or any other law limiting access to medical or other 
        health data, obtain medical data and health records relating to 
        a physical therapist or applicant without the person's or 
        applicant's consent if the board has probable cause to believe 
        that a physical therapist comes under paragraph (a).  The 
        medical data may be requested from a provider, as defined in 
        section 144.335, subdivision 1, paragraph (b), an insurance 
        company, or a government agency, including the Department of 
        Human Services.  A provider, insurance company, or government 
        agency shall comply with any written request of the board under 
        this paragraph and is not liable in any action for damages for 
        releasing the data requested by the board if the data are 
        released pursuant to a written request under this paragraph, 
        unless the information is false and the provider giving the 
        information knew, or had reason to believe, the information was 
        false.  Information obtained under this paragraph is classified 
        as private under sections 13.01 to 13.87. 
           Sec. 12.  [148.755] [TEMPORARY SUSPENSION OF LICENSE.] 
           In addition to any other remedy provided by law, the board 
        may, without a hearing, temporarily suspend the license of a 
        physical therapist if the board finds that the physical 
        therapist has violated a statute or rule which the board is 
        empowered to enforce and continued practice by the physical 
        therapist would create a serious risk of harm to the public.  
        The suspension shall take effect upon written notice to the 
        physical therapist, specifying the statute or rule violated.  
        The suspension shall remain in effect until the board issues a 
        final order in the matter after a hearing.  At the time it 
        issues the suspension notice, the board shall schedule a 
        disciplinary hearing to be held pursuant to the Administrative 
        Procedure Act, chapter 14.  The physical therapist shall be 
        provided with at least 20 days' notice of any hearing held 
        pursuant to this section.  The hearing shall be scheduled to 
        begin no later than 30 days after the issuance of the suspension 
        order. 
           Sec. 13.  [REPEALER.] 
           Minnesota Rules, part 5601.0100, subparts 3 and 4, are 
        repealed. 

                                   ARTICLE 3
                              BOARD OF PSYCHOLOGY
           Section 1.  Minnesota Statutes 2004, section 148.89, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PRACTICE OF PSYCHOLOGY.] "Practice of 
        psychology" means the observation, description, evaluation, 
        interpretation, or modification of human behavior by the 
        application of psychological principles, methods, or 
        procedures for any reason, including to prevent, eliminate, or 
        manage symptomatic, maladaptive, or undesired behavior and to 
        enhance interpersonal relationships, work, life and 
        developmental adjustment, personal and organizational 
        effectiveness, behavioral health, and mental health.  The 
        practice of psychology includes, but is not limited to, the 
        following services, regardless of whether the provider receives 
        payment for the services: 
           (1) psychological research and teaching of psychology; 
           (2) assessment, including psychological testing and other 
        means of evaluating personal characteristics such as 
        intelligence, personality, abilities, interests, aptitudes, and 
        neuropsychological functioning; 
           (3) a psychological report, whether written or oral, 
        including testimony of a provider as an expert witness, 
        concerning the characteristics of an individual or entity; 
           (4) psychotherapy, including but not limited to, categories 
        such as behavioral, cognitive, emotive, systems, 
        psychophysiological, or insight-oriented therapies; counseling; 
        hypnosis; and diagnosis and treatment of:  
           (i) mental and emotional disorder or disability; 
           (ii) alcohol and substance dependence or abuse; 
           (iii) disorders of habit or conduct; 
           (iv) the psychological aspects of physical illness or 
        condition, accident, injury, or disability; 
           (v) life adjustment issues, including work-related and 
        bereavement issues; and 
           (vi) child, family, or relationship issues; 
           (5) psychoeducational services and treatment; and 
           (6) consultation and supervision. 
           Sec. 2.  Minnesota Statutes 2004, section 148.90, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [BOARD OF PSYCHOLOGY.] (a) The Board of 
        Psychology is created with the powers and duties described in 
        this section.  The board has 11 members who consist of: 
           (1) three persons individuals licensed as licensed 
        psychologists who have a doctoral degree degrees in psychology; 
           (2) two persons individuals licensed as licensed 
        psychologists who have a master's degree degrees in psychology; 
           (3) two psychologists, not necessarily licensed, one with a 
        doctoral degree in psychology who represents a doctoral training 
        program in psychology, and one who represents a master's degree 
        training program in psychology; 
           (4) one person individual licensed or qualified to be 
        licensed as:  (i) through December 31, 2010, a licensed 
        psychological practitioner; and (ii) after December 31, 2010, a 
        licensed psychologist; and 
           (5) three public members. 
           (b) After the date on which fewer than 30 percent of the 
        persons individuals licensed by the board as licensed 
        psychologists qualify for licensure under section 148.907, 
        subdivision 3, paragraph (b), the first vacancy vacancies filled 
        under paragraph (a), clause (2), shall be filled by a person an 
        individual with either a master's or doctoral degree in 
        psychology licensed or qualified to be licensed as a 
        licensed psychological practitioner.  From this date on, this 
        position when vacant shall be filled by a person licensed or 
        qualified to be licensed as a licensed psychological 
        practitioner psychologist. 
           (c) After the date on which fewer than 15 percent of the 
        persons individuals licensed by the board as licensed 
        psychologists qualify for licensure under section 148.907, 
        subdivision 3, paragraph (b), the first vacancy vacancies under 
        paragraph (a), clause (2), for a licensed psychologist shall be 
        filled by an individual with either a master's or doctoral 
        degree in psychology shall be filled by a licensed or qualified 
        to be licensed as a licensed psychologist.  From this date on, 
        this position when vacant shall be filled by a person licensed 
        as a licensed psychologist. 
           Sec. 3.  Minnesota Statutes 2004, section 148.907, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [CONVERTING FROM A LICENSED PSYCHOLOGICAL 
        PRACTITIONER TO A LICENSED PSYCHOLOGIST.] Notwithstanding 
        subdivision 3, to convert from licensure as a licensed 
        psychological practitioner to licensure as a licensed 
        psychologist, a licensed psychological practitioner shall have:  
           (1) completed an application provided by the board for 
        conversion from licensure as a licensed psychological 
        practitioner to licensure as a licensed psychologist; 
           (2) paid a nonrefundable fee of $500; 
           (3) documented successful completion of two full years, or 
        the equivalent, of supervised postlicensure employment meeting 
        the requirements of section 148.925, subdivision 5, as it 
        relates to preparation for licensure as a licensed psychologist 
        as follows:  
           (i) for individuals licensed as licensed psychological 
        practitioners on or before December 31, 2006, the supervised 
        practice must be completed by December 31, 2010; and 
           (ii) for individuals licensed as licensed psychological 
        practitioners after December 31, 2006, the supervised practice 
        must be completed within four years from the date of licensure; 
        and 
           (4) no unresolved disciplinary action or complaints 
        pending, or incomplete disciplinary orders or corrective action 
        agreements in Minnesota or any other jurisdiction. 
           Sec. 4.  Minnesota Statutes 2004, section 148.908, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REQUIREMENTS FOR LICENSURE AS A LICENSED 
        PSYCHOLOGICAL PRACTITIONER.] To become licensed by the board as 
        a licensed psychological practitioner, an applicant shall comply 
        with the following requirements: 
           (1) pass an examination in psychology; 
           (2) pass a professional responsibility examination on the 
        practice of psychology; 
           (3) pass any other examinations as required by board rules; 
           (4) pay nonrefundable fees to the board for applications, 
        processing, testing, renewals, and materials; 
           (5) have attained the age of majority, be of good moral 
        character, and have no unresolved disciplinary action or 
        complaints pending in the state of Minnesota or any other 
        jurisdiction; and 
           (6) have earned a doctoral or master's degree or the 
        equivalent of a master's degree in a doctoral program with a 
        major in psychology from a regionally accredited educational 
        institution meeting the standards the board has established by 
        rule.  The degree requirements must be completed by December 31, 
        2005; 
           (2) complete an application for admission to the 
        examination for professional practice in psychology and pay the 
        nonrefundable application fee by December 31, 2005; 
           (3) complete an application for admission to the 
        professional responsibility examination and pay the 
        nonrefundable application fee by December 31, 2005; 
           (4) pass the examination for professional practice in 
        psychology by December 31, 2006; 
           (5) pass the professional responsibility examination by 
        December 31, 2006; 
           (6) complete an application for licensure as a licensed 
        psychological practitioner and pay the nonrefundable application 
        fee by March 1, 2007; and 
           (7) have attained the age of majority, be of good moral 
        character, and have no unresolved disciplinary action or 
        complaints pending in the state of Minnesota or any other 
        jurisdiction. 
           Sec. 5.  Minnesota Statutes 2004, section 148.908, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [TERMINATION OF LICENSURE.] Effective December 
        31, 2011, the licensure of all licensed psychological 
        practitioners shall be terminated without further notice and 
        licensure as a licensed psychological practitioner in Minnesota 
        shall be eliminated.  
           Sec. 6.  Minnesota Statutes 2004, section 148.909, is 
        amended to read: 
           148.909 [LICENSURE FOR VOLUNTEER PRACTICE.] 
           The board, at its discretion, may grant licensure for 
        volunteer practice to an applicant who: 
           (1) is a former licensee who is completely retired from the 
        practice of psychology; 
           (2) has no unresolved disciplinary action or complaints 
        pending in the state of Minnesota or any other jurisdiction; and 
           (3) has held a license, certificate, or registration to 
        practice psychology in any jurisdiction for at least 15 years. 
           Sec. 7.  Minnesota Statutes 2004, section 148.916, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PSYCHOLOGICAL CONSULTATIONS.] Notwithstanding 
        subdivision 1, a nonresident of the state of Minnesota, who is 
        not seeking licensure in this state, may serve as an expert 
        witness, organizational consultant, presenter, or educator 
        without obtaining guest licensure, provided the person is 
        appropriately trained, educated, or has been issued a license, 
        certificate, or registration by another jurisdiction. 
           Sec. 8.  Minnesota Statutes 2004, section 148.925, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SUPERVISEE DUTIES.] Individuals preparing for 
        licensure as a licensed psychologist during their postdegree 
        supervised employment may perform as part of their training any 
        functions specified in section 148.89, subdivision 5, but only 
        under qualified supervision. 
           Sec. 9.  Minnesota Statutes 2004, section 148.941, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
        DISCIPLINARY ACTION.] (a) The board may impose disciplinary 
        action as described in paragraph (b) against an applicant or 
        licensee whom the board, by a preponderance of the evidence, 
        determines:  
           (1) has violated a statute, rule, or order that the board 
        issued or is empowered to enforce; 
           (2) has engaged in fraudulent, deceptive, or dishonest 
        conduct, whether or not the conduct relates to the practice of 
        psychology, that adversely affects the person's ability or 
        fitness to practice psychology; 
           (3) has engaged in unprofessional conduct or any other 
        conduct which has the potential for causing harm to the public, 
        including any departure from or failure to conform to the 
        minimum standards of acceptable and prevailing practice without 
        actual injury having to be established; 
           (4) has been convicted of or has pled guilty or nolo 
        contendere to a felony or other crime, an element of which is 
        dishonesty or fraud, or has been shown to have engaged in acts 
        or practices tending to show that the applicant or licensee is 
        incompetent or has engaged in conduct reflecting adversely on 
        the applicant's or licensee's ability or fitness to engage in 
        the practice of psychology; 
           (5) has employed fraud or deception in obtaining or 
        renewing a license, in requesting approval of continuing 
        education activities, or in passing an examination; 
           (6) has had a license, certificate, charter, registration, 
        privilege to take an examination, or other similar authority 
        denied, revoked, suspended, canceled, limited, reprimanded, or 
        otherwise disciplined, or not renewed for cause in any 
        jurisdiction; or has surrendered or voluntarily terminated a 
        license or certificate during a board investigation of a 
        complaint, as part of a disciplinary order, or while under a 
        disciplinary order; 
           (7) has been subject to a corrective action or similar 
        action in another jurisdiction or by another regulatory 
        authority; 
           (8) has failed to meet any requirement for the issuance or 
        renewal of the person's license.  The burden of proof is on the 
        applicant or licensee to demonstrate the qualifications or 
        satisfy the requirements for a license under the Psychology 
        Practice Act; 
           (9) has failed to cooperate with an investigation of the 
        board as required under subdivision 4; 
           (10) has demonstrated an inability to practice psychology 
        with reasonable skill and safety to clients due to any mental or 
        physical illness or condition; or 
           (11) has engaged in fee splitting.  This clause does not 
        apply to the distribution of revenues from a partnership, group 
        practice, nonprofit corporation, or professional corporation to 
        its partners, shareholders, members, or employees if the 
        revenues consist only of fees for services performed by the 
        licensee or under a licensee's administrative authority.  This 
        clause also does not apply to the charging of a general 
        membership fee by a licensee or applicant to health care 
        providers, as defined in section 144.335, for participation in a 
        referral service, provided that the licensee or applicant 
        discloses in advance to each referred client the financial 
        nature of the referral arrangement.  Fee splitting includes, but 
        is not limited to: 
           (i) paying, offering to pay, receiving, or agreeing to 
        receive a commission, rebate, or remuneration, directly or 
        indirectly, primarily for the referral of clients; 
           (ii) dividing client fees with another individual or 
        entity, unless the division is in proportion to the services 
        provided and the responsibility assumed by each party; 
           (iii) referring an individual or entity to any health care 
        provider, as defined in section 144.335, or for other 
        professional or technical services in which the referring 
        licensee or applicant has a significant financial interest 
        unless the licensee has disclosed the financial interest in 
        advance to the client; and 
           (iv) dispensing for profit or recommending any instrument, 
        test, procedure, or device that for commercial purposes the 
        licensee or applicant has developed or distributed, unless the 
        licensee or applicant has disclosed any profit interest in 
        advance to the client.  
           (b) If grounds for disciplinary action exist under 
        paragraph (a), the board may take one or more of the following 
        actions: 
           (1) refuse to grant or renew a license; 
           (2) revoke a license; 
           (3) suspend a license; 
           (4) impose limitations or conditions on a licensee's 
        practice of psychology, including, but not limited to, limiting 
        the scope of practice to designated competencies, imposing 
        retraining or rehabilitation requirements, requiring the 
        licensee to practice under supervision, or conditioning 
        continued practice on the demonstration of knowledge or skill by 
        appropriate examination or other review of skill and competence; 
           (5) censure or reprimand the licensee; 
           (6) refuse to permit an applicant to take the licensure 
        examination or refuse to release an applicant's examination 
        grade if the board finds that it is in the public interest; or 
           (7) impose a civil penalty not exceeding $7,500 for each 
        separate violation.  The amount of the penalty shall be fixed so 
        as to deprive the applicant or licensee of any economic 
        advantage gained by reason of the violation charged, to 
        discourage repeated violations, or to recover the board's costs 
        that occur in bringing about a disciplinary order.  For purposes 
        of this clause, costs are limited to legal, paralegal, and 
        investigative charges billed to the board by the Attorney 
        General's Office, witness costs, consultant and expert witness 
        fees, and charges attendant to the use of an administrative law 
        judge.  
           (c) In lieu of or in addition to paragraph (b), the board 
        may require, as a condition of continued licensure, termination 
        of suspension, reinstatement of license, examination, or release 
        of examination grades, that the applicant or licensee: 
           (1) submit to a quality review, as specified by the board, 
        of the applicant's or licensee's ability, skills, or quality of 
        work; 
           (2) complete to the satisfaction of the board educational 
        courses specified by the board; and 
           (3) reimburse to the board all costs incurred by the board 
        that are the result of a provider failing, neglecting, or 
        refusing to fully comply, or not complying in a timely manner, 
        with any part of the remedy section of a stipulation and consent 
        order or the corrective action section of an agreement for 
        corrective action.  For purposes of this clause, costs are 
        limited to legal, paralegal, and investigative charges billed to 
        the board by the Attorney General's Office, witness costs, 
        consultant and expert witness fees, and charges attendant to the 
        use of an administrative law judge. 
           (d) Service of the order is effective if the order is 
        served on the applicant, licensee, or counsel of record 
        personally or by mail to the most recent address provided to the 
        board for the licensee, applicant, or counsel of record.  The 
        order shall state the reasons for the entry of the order. 
           Sec. 10.  Minnesota Statutes 2004, section 148.96, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUIREMENTS FOR REPRESENTATIONS TO PUBLIC.] (a) 
        Unless licensed under sections 148.88 to 148.98, except as 
        provided in paragraphs (b) through (e), persons shall not 
        represent themselves or permit themselves to be represented to 
        the public by: 
           (1) using any title or description of services 
        incorporating the words "psychology," "psychological," 
        "psychological practitioner," or "psychologist"; or 
           (2) representing that the person has expert qualifications 
        in an area of psychology. 
           (b) Psychologically trained individuals who are employed by 
        an educational institution recognized by a regional accrediting 
        organization, by a federal, state, county, or local government 
        institution, by agencies agency, or by research 
        facilities facility, may represent themselves by the title 
        designated by that organization provided that the title does not 
        indicate that the individual is credentialed by the board. 
           (c) A psychologically trained individual from an 
        institution described in paragraph (b) may offer lecture 
        services and is exempt from the provisions of this section. 
           (d) A person who is preparing for the practice of 
        psychology under supervision in accordance with board statutes 
        and rules may be designated as a "psychological intern," 
        "psychological trainee," or by other terms clearly describing 
        the person's training status.  
           (e) Former licensees who are completely retired from the 
        practice of psychology may represent themselves using the 
        descriptions in paragraph (a), clauses (1) and (2), but shall 
        not represent themselves or allow themselves to be represented 
        as current licensees of the board. 
           (f) Nothing in this section shall be construed to prohibit 
        the practice of school psychology by a person licensed in 
        accordance with chapters 122A and 129. 
           Section 11.  [EFFECTIVE DATE.] 
           Sections 1 to 10 are effective the day following final 
        enactment. 

                                   ARTICLE 4
                            BOARD OF DENTAL PRACTICE
           Section 1.  Minnesota Statutes 2004, section 150A.01, 
        subdivision 6a, is amended to read: 
           Subd. 6a.  [FACULTY DENTIST.] "Faculty dentist" means a 
        person who is licensed to practice dentistry as a faculty member 
        of a school of dentistry, pursuant to section 150A.06, 
        subdivision 1a. 
           Sec. 2.  Minnesota Statutes 2004, section 150A.06, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [FACULTY DENTISTS.] (a) Faculty members of a 
        school of dentistry must be licensed in order to practice 
        dentistry as defined in section 150A.05.  The board may issue to 
        members of the faculty of a school of dentistry a license 
        designated as either a "limited faculty license" or a "full 
        faculty license" entitling the holder to practice dentistry 
        within the terms described in paragraph (b) or (c).  The dean of 
        a school of dentistry and program directors of a Minnesota 
        dental hygiene or dental assisting school accredited by the 
        Commission on Dental Accreditation of the American Dental 
        Association shall certify to the board those members of the 
        school's faculty who practice dentistry but are not licensed to 
        practice dentistry in Minnesota.  A faculty member who practices 
        dentistry as defined in section 150A.05, before beginning duties 
        in a school of dentistry or a dental hygiene or dental assisting 
        school, shall apply to the board for a limited or full faculty 
        license.  The license expires the next July 1 and may, at the 
        discretion of the board, be renewed on a yearly basis.  Pursuant 
        to Minnesota Rules, chapter 3100, and at the discretion of the 
        board, a limited faculty license must be renewed annually and a 
        full faculty license must be renewed biennially.  The faculty 
        applicant shall pay a nonrefundable fee set by the board for 
        issuing and renewing the faculty license.  The faculty license 
        is valid during the time the holder remains a member of the 
        faculty of a school of dentistry or a dental hygiene or dental 
        assisting school and subjects the holder to this chapter. 
           (b) The board may issue to dentist members of the faculty 
        of a Minnesota school of dentistry, dental hygiene, or dental 
        assisting accredited by the Commission on Dental Accreditation 
        of the American Dental Association, a license designated as a 
        limited faculty license entitling the holder to practice 
        dentistry within the school and its affiliated teaching 
        facilities, but only for the purposes of teaching or conducting 
        research.  The practice of dentistry at a school facility for 
        purposes other than teaching or research is not allowed unless 
        the dentist was a faculty member on August 1, 1993.  
           (c) The board may issue to dentist members of the faculty 
        of a Minnesota school of dentistry, dental hygiene, or dental 
        assisting accredited by the Commission on Dental Accreditation 
        of the American Dental Association a license designated as a 
        full faculty license entitling the holder to practice dentistry 
        within the school and its affiliated teaching facilities and 
        elsewhere if the holder of the license is employed 50 percent 
        time or more by the school in the practice of teaching or 
        research, and upon successful review by the board of the 
        applicant's qualifications as described in subdivisions 1, 1c, 
        and 4 and board rule.  The board, at its discretion, may waive 
        specific licensing prerequisites. 
           Sec. 3.  [150A.091] [FEES.] 
           Subdivision 1.  [FEE REFUNDS.] No fee may be refunded for 
        any reason. 
           Subd. 2.  [APPLICATION FEES.] Each applicant for licensure 
        or registration shall submit with a license or registration 
        application a nonrefundable fee in the following amounts in 
        order to administratively process an application: 
           (1) dentist, $140; 
           (2) limited faculty dentist, $140; 
           (3) resident dentist, $55; 
           (4) dental hygienist, $55; 
           (5) registered dental assistant, $35; and 
           (6) dental assistant with a limited registration, $15. 
           Subd. 3.  [INITIAL LICENSE OR REGISTRATION FEES.] Along 
        with the application fee, each of the following licensees or 
        registrants shall submit a separate prorated initial license or 
        registration fee.  The prorated initial fee shall be established 
        by the board based on the number of months of the licensee's or 
        registrant's initial term as described in Minnesota Rules, part 
        3100.1700, subpart 1a, not to exceed the following monthly fee 
        amounts: 
           (1) dentist, $14 times the number of months of the initial 
        term; 
           (2) dental hygienist, $5 times the number of months of the 
        initial term; 
           (3) registered dental assistant, $3 times the number of 
        months of initial term; and 
           (4) dental assistant with a limited registration, $1 times 
        the number of months of the initial term. 
           Subd. 4.  [ANNUAL LICENSE FEES.] Each limited faculty or 
        resident dentist shall submit with an annual license renewal 
        application a fee established by the board not to exceed the 
        following amounts: 
           (1) limited faculty dentist, $168; and 
           (2) resident dentist, $59. 
           Subd. 5.  [BIENNIAL LICENSE OR REGISTRATION FEES.] Each of 
        the following licensees or registrants shall submit with a 
        biennial license or registration renewal application a fee as 
        established by the board, not to exceed the following amounts: 
           (1) dentist, $336; 
           (2) dental hygienist, $118; 
           (3) registered dental assistant, $80; and 
           (4) dental assistant with a limited registration, $24. 
           Subd. 6.  [ANNUAL LICENSE LATE FEE.] Applications for 
        renewal of any license received after the time specified in 
        Minnesota Rules, part 3100.1750, must be assessed a late fee 
        equal to 50 percent of the annual renewal fee. 
           Subd. 7.  [BIENNIAL LICENSE OR REGISTRATION LATE 
        FEE.] Applications for renewal of any license or registration 
        received after the time specified in Minnesota Rules, part 
        3100.1700, must be assessed a late fee equal to 25 percent of 
        the biennial renewal fee. 
           Subd. 8.  [DUPLICATE LICENSE OR REGISTRATION FEE.] Each 
        licensee or registrant shall submit, with a request for issuance 
        of a duplicate of the original license or registration, or of an 
        annual or biennial renewal of it, a fee in the following amounts:
           (1) original dentist or dental hygiene license, $35; and 
           (2) initial and renewal registration certificates and 
        license renewal certificates, $10. 
           Subd. 9.  [LICENSURE AND REGISTRATION BY CREDENTIALS.] Each 
        applicant for licensure as a dentist or dental hygienist or for 
        registration as a registered dental assistant by credentials 
        pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota 
        Rules, part 3100.1400, shall submit with the license or 
        registration application a fee in the following amounts: 
           (1) dentist, $725; 
           (2) dental hygienist, $175; and 
           (3) registered dental assistant, $35. 
           Subd. 10.  [REINSTATEMENT FEE.] No dentist, dental 
        hygienist, or registered dental assistant whose license or 
        registration has been suspended or revoked may have the license 
        or registration reinstated or a new license or registration 
        issued until a fee has been submitted to the board in the 
        following amounts: 
           (1) dentist, $140; 
           (2) dental hygienist, $55; and 
           (3) registered dental assistant, $35. 
           Subd. 11.  [CERTIFICATE APPLICATION FEE FOR 
        ANESTHESIA/SEDATION.] Each dentist shall submit with a general 
        anesthesia or conscious sedation application a fee as 
        established by the board not to exceed the following amounts: 
           (1) for both a general anesthesia and conscious sedation 
        application, $50; 
           (2) for a general anesthesia application only, $50; and 
           (3) for a conscious sedation application only, $50. 
           Subd. 12.  [DUPLICATE CERTIFICATE FEE FOR 
        ANESTHESIA/SEDATION.] Each dentist shall submit with a request 
        for issuance of a duplicate of the original general anesthesia 
        or conscious sedation certificate a fee in the amount of $10. 
           Subd. 13.  [ON-SITE INSPECTION FEE.] An on-site inspection 
        fee must be paid to the individual, organization, or agency 
        conducting the inspection and be limited to a maximum fee as 
        determined by the board.  Travel, lodging, and other expenses 
        are not part of the on-site inspection fee. 
           Subd. 14.  [AFFIDAVIT OF LICENSURE.] Each licensee or 
        registrant shall submit with a request for an affidavit of 
        licensure a fee in the amount of $10. 
           Subd. 15.  [VERIFICATION OF LICENSURE.] Each institution or 
        corporation shall submit with a request for verification of a 
        license or registration a fee in the amount of $5 for each 
        license or registration to be verified. 
           [EFFECTIVE DATE.] Subdivisions 11 and 12 are effective 
        August 1, 2005. 
           Sec. 4.  Minnesota Statutes 2004, section 150A.10, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [LIMITED AUTHORIZATION FOR DENTAL HYGIENISTS.] 
        (a) Notwithstanding subdivision 1, a dental hygienist licensed 
        under this chapter may be employed or retained by a health care 
        facility, program, or nonprofit organization to perform dental 
        hygiene services described under paragraph (b) without the 
        patient first being examined by a licensed dentist if the dental 
        hygienist: 
           (1) has been engaged in the active practice of clinical 
        dental hygiene for not less than 2,400 hours in the past 18 
        months or a career total of 3,000 hours, including a minimum of 
        200 hours of clinical practice in two of the past three years; 
           (2) has entered into a collaborative agreement with a 
        licensed dentist that designates authorization for the services 
        provided by the dental hygienist; 
           (3) has documented participation in courses in infection 
        control and medical emergencies within each continuing education 
        cycle; and 
           (4) maintains current certification in advanced or basic 
        cardiac life support as recognized by the American Heart 
        Association, the American Red Cross, or another agency that is 
        equivalent to the American Heart Association or the American Red 
        Cross. 
           (b) The dental hygiene services authorized to be performed 
        by a dental hygienist under this subdivision are limited to: 
           (1) oral health promotion and disease prevention education; 
           (2) removal of deposits and stains from the surfaces of the 
        teeth; 
           (3) application of topical preventive or prophylactic 
        agents, including fluoride varnishes and pit and fissure 
        sealants; 
           (4) polishing and smoothing restorations; 
           (5) removal of marginal overhangs; 
           (6) performance of preliminary charting; 
           (7) taking of radiographs; and 
           (8) performance of scaling and root planing.  
        The dental hygienist shall not perform may administer 
        injections of local anesthetic agents or the administration of 
        nitrous oxide unless under the indirect supervision 
        of inhalation analgesia as specifically delegated in the 
        collaborative agreement with a licensed dentist.  The dentist 
        need not first examine the patient or be present.  If the 
        patient is considered medically compromised, the collaborative 
        dentist shall review the patient record, including the medical 
        history, prior to the provision of these services.  
        Collaborating dental hygienists may work with unregistered and 
        registered dental assistants who may only perform duties for 
        which registration is not required.  The performance of dental 
        hygiene services in a health care facility, program, or 
        nonprofit organization as authorized under this subdivision is 
        limited to patients, students, and residents of the facility, 
        program, or organization. 
           (c) A collaborating dentist must be licensed under this 
        chapter and may enter into a collaborative agreement with no 
        more than four dental hygienists unless otherwise authorized by 
        the board.  The board shall develop parameters and a process for 
        obtaining authorization to collaborate with more than four 
        dental hygienists.  The collaborative agreement must include: 
           (1) consideration for medically compromised patients and 
        medical conditions for which a dental evaluation and treatment 
        plan must occur prior to the provision of dental hygiene 
        services; 
           (2) age- and procedure-specific standard collaborative 
        practice protocols, including recommended intervals for the 
        performance of dental hygiene services and a period of time in 
        which an examination by a dentist should occur; 
           (3) copies of consent to treatment form provided to the 
        patient by the dental hygienist; 
           (4) specific protocols for the placement of pit and fissure 
        sealants and requirements for follow-up care to assure the 
        efficacy of the sealants after application; and 
           (5) a procedure for creating and maintaining dental records 
        for the patients that are treated by the dental hygienist.  This 
        procedure must specify where these records are to be located. 
        The collaborative agreement must be signed and maintained by the 
        dentist, the dental hygienist, and the facility, program, or 
        organization; must be reviewed annually by the collaborating 
        dentist and dental hygienist; and must be made available to the 
        board upon request.  
           (d) Before performing any services authorized under this 
        subdivision, a dental hygienist must provide the patient with a 
        consent to treatment form which must include a statement 
        advising the patient that the dental hygiene services provided 
        are not a substitute for a dental examination by a licensed 
        dentist.  If the dental hygienist makes any referrals to the 
        patient for further dental procedures, the dental hygienist must 
        fill out a referral form and provide a copy of the form to the 
        collaborating dentist.  
           (e) For the purposes of this subdivision, a "health care 
        facility, program, or nonprofit organization" is limited to a 
        hospital; nursing home; home health agency; group home serving 
        the elderly, disabled, or juveniles; state-operated facility 
        licensed by the commissioner of human services or the 
        commissioner of corrections; and federal, state, or local public 
        health facility, community clinic, tribal clinic, school 
        authority, Head Start program, or nonprofit organization that 
        serves individuals who are uninsured or who are Minnesota health 
        care public program recipients.  
           (f) For purposes of this subdivision, a "collaborative 
        agreement" means a written agreement with a licensed dentist who 
        authorizes and accepts responsibility for the services performed 
        by the dental hygienist.  The services authorized under this 
        subdivision and the collaborative agreement may be performed 
        without the presence of a licensed dentist and may be performed 
        at a location other than the usual place of practice of the 
        dentist or dental hygienist and without a dentist's diagnosis 
        and treatment plan, unless specified in the collaborative 
        agreement. 

                                   ARTICLE 5
                     BOARD OF BEHAVIORAL THERAPY AND HEALTH
                     (LICENSED PROFESSIONAL COUNSELORS AND
                          ALCOHOL AND DRUG COUNSELORS)
           Section 1.  Minnesota Statutes 2004, section 148B.53, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL REQUIREMENTS.] (a) To be licensed 
        as a licensed professional counselor (LPC), an applicant must 
        provide evidence satisfactory to the board that the applicant: 
           (1) is at least 18 years of age; 
           (2) is of good moral character; 
           (3) has completed a master's or doctoral degree program in 
        counseling or a related field, as determined by the board based 
        on the criteria in paragraph (b), that includes a minimum of 48 
        semester hours or 72 quarter hours and a supervised field 
        experience of not fewer than 700 hours that is counseling in 
        nature; 
           (4) has submitted to the board a plan for supervision 
        during the first 2,000 hours of professional practice or has 
        submitted proof of supervised professional practice that is 
        acceptable to the board; and 
           (5) has demonstrated competence in professional counseling 
        by passing the National Counseling Exam (NCE) administered by 
        the National Board for Certified Counselors, Inc. (NBCC) 
        including obtaining a passing score on the examination accepted 
        by the board based on the determinations made by the NBCC or an 
        equivalent national examination as determined by the board, and 
        ethical, oral, and situational examinations if prescribed by the 
        board.  
           (b) The degree described in paragraph (a), clause (3), must 
        be from a counseling program recognized by the Council for 
        Accreditation of Counseling and Related Education Programs 
        (CACREP) or from an institution of higher education that is 
        accredited by a regional accrediting organization recognized by 
        the Council for Higher Education Accreditation (CHEA).  Except 
        as provided in paragraph (e), specific academic course content 
        and training must meet standards established by the CACREP, 
        including include course work in each of the following subject 
        areas: 
           (1) the helping relationship, including counseling theory 
        and practice; 
           (2) human growth and development; 
           (3) lifestyle and career development; 
           (4) group dynamics, processes, counseling, and consulting; 
           (5) assessment and appraisal; 
           (6) social and cultural foundations, including 
        multicultural issues; 
           (7) principles of etiology, treatment planning, and 
        prevention of mental and emotional disorders and dysfunctional 
        behavior; 
           (8) family counseling and therapy; 
           (9) research and evaluation; and 
           (10) professional counseling orientation and ethics. 
           (c) To be licensed as a professional counselor, a 
        psychological practitioner licensed under section 148.908 need 
        only show evidence of licensure under that section and is not 
        required to comply with paragraph (a), clauses (1) to (3) and 
        (5), or paragraph (b). 
           (d) To be licensed as a professional counselor, a Minnesota 
        licensed psychologist need only show evidence of licensure from 
        the Minnesota Board of Psychology and is not required to comply 
        with paragraph (a) or (b). 
           (e) If the degree described in paragraph (a), clause (3), 
        is from a counseling program recognized by the Council for 
        Accreditation of Counseling and Related Education Programs 
        (CACREP), the applicant is deemed to have met the specific 
        course work requirements of paragraph (b). 
           Sec. 2.  Minnesota Statutes 2004, section 148B.53, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FEE.] Each applicant shall pay a 
        Nonrefundable fee fees are as follows: 
           (1) initial license application fee for licensed 
        professional counseling (LPC) - $250; 
           (2) annual active license renewal fee for LPC - $200 or 
        equivalent; 
           (3) annual inactive license renewal fee for LPC - $100; 
           (4) license renewal late fee - $100 per month or portion 
        thereof; 
           (5) copy of board order or stipulation - $10; 
           (6) certificate of good standing or license verification - 
        $10; 
           (7) duplicate certificate fee - $10; 
           (8) professional firm renewal fee - $25; 
           (9) initial registration fee - $50; and 
           (10) annual registration renewal fee - $25. 
           Sec. 3.  [148B.531] [POSTDEGREE COMPLETION OF DEGREE 
        REQUIREMENTS FOR LICENSURE.] 
           An individual whose degree upon which licensure is to be 
        based included less than 48 semester hours or 72 quarter hours, 
        who did not complete 700 hours of supervised professional 
        practice as part of the degree program, or who did not complete 
        course work in all of the content areas required by section 
        148B.53, subdivision 1, paragraph (b), may complete these 
        requirements postdegree in order to obtain licensure, if: 
           (1) all course work and field experiences are completed 
        through an institution of higher education that is accredited by 
        a regional accrediting organization recognized by the Council 
        for Higher Education Accreditation (CHEA) or through a 
        counseling program recognized by the Council for Accreditation 
        of Counseling and Related Education Programs (CACREP); 
           (2) all course work and field experiences are taken and 
        passed for credit; and 
           (3) no more than 20 semester credits or 30 quarter credits 
        are completed postdegree for purposes of licensure unless the 
        credits are earned as part of an organized sequence of study. 
           Sec. 4.  Minnesota Statutes 2004, section 148B.54, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTINUING EDUCATION.] At the completion of the 
        first two four years of licensure, a licensee must provide 
        evidence satisfactory to the board of completion of 12 
        additional postgraduate semester credit hours or its equivalent 
        in counseling as determined by the board, except that no 
        licensee shall be required to show evidence of greater than 60 
        semester hours or its equivalent.  Thereafter, at the time of 
        renewal, each licensee shall provide evidence satisfactory to 
        the board that the licensee has completed during each two-year 
        period at least the equivalent of 40 clock hours of professional 
        postdegree continuing education in programs approved by the 
        board and continues to be qualified to practice under sections 
        148B.50 to 148B.593.  
           Sec. 5.  [148B.555] [EXPERIENCED COUNSELOR TRANSITION.] 
           (a) An applicant for licensure who, prior to December 31, 
        2003, completed a master's or doctoral degree program in 
        counseling or a related field, as determined by the board, and 
        whose degree was from a counseling program recognized by the 
        Council for Accreditation of Counseling and Related Education 
        Programs (CACREP) or from an institution of higher education 
        that is accredited by a regional accrediting organization 
        recognized by the Council for Higher Education Accreditation 
        (CHEA), need not comply with the requirements of section 
        148B.53, subdivision 1, paragraph (a), clause (3), or (b), so 
        long as the applicant can document five years of full-time 
        postdegree work experience within the practice of professional 
        counseling as defined under section 148B.50, subdivisions 4 and 
        5.  
           (b) This section expires July 1, 2007. 
           Sec. 6.  [148B.561] [RETALIATORY PROVISIONS.] 
           If by the laws of any state or the rulings or decisions of 
        the appropriate officers or boards thereof, any burden, 
        obligation, requirement, disqualification, or disability is put 
        upon licensed professional counselors licensed and in good 
        standing in this state, affecting the right of these licensed 
        professional counselors to be registered or licensed in that 
        state, then the same or like burden, obligation, requirement, 
        disqualification, or disability may be put upon the licensure in 
        this state of licensed professional counselors registered in 
        that state. 
           Sec. 7.  Minnesota Statutes 2004, section 148B.59, is 
        amended to read: 
           148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
        DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 
           (a) The board may impose disciplinary action as described 
        in paragraph (b) against an applicant or licensee whom the 
        board, by a preponderance of the evidence, determines:  
           (1) has violated a statute, rule, or order that the board 
        issued or is empowered to enforce; 
           (2) has engaged in fraudulent, deceptive, or dishonest 
        conduct, whether or not the conduct relates to the practice of 
        licensed professional counseling, that adversely affects the 
        person's ability or fitness to practice professional counseling; 
           (3) has engaged in unprofessional conduct or any other 
        conduct which has the potential for causing harm to the public, 
        including any departure from or failure to conform to the 
        minimum standards of acceptable and prevailing practice without 
        actual injury having to be established; 
           (4) has been convicted of or has pled guilty or nolo 
        contendere to a felony or other crime, an element of which is 
        dishonesty or fraud, or has been shown to have engaged in acts 
        or practices tending to show that the applicant or licensee is 
        incompetent or has engaged in conduct reflecting adversely on 
        the applicant's or licensee's ability or fitness to engage in 
        the practice of professional counseling; 
           (5) has employed fraud or deception in obtaining or 
        renewing a license, or in passing an examination; 
           (6) has had any counseling license, certificate, 
        registration, privilege to take an examination, or other similar 
        authority denied, revoked, suspended, canceled, limited, or not 
        renewed for cause in any jurisdiction or has surrendered or 
        voluntarily terminated a license or certificate during a board 
        investigation of a complaint, as part of a disciplinary order, 
        or while under a disciplinary order; 
           (7) has failed to meet any requirement for the issuance or 
        renewal of the person's license.  The burden of proof is on the 
        applicant or licensee to demonstrate the qualifications or 
        satisfy the requirements for a license under the Licensed 
        Professional Counseling Act; 
           (8) has failed to cooperate with an investigation of the 
        board; 
           (9) has demonstrated an inability to practice professional 
        counseling with reasonable skill and safety to clients due to 
        any mental or physical illness or condition; 
           (10) has engaged in fee splitting.  This clause does not 
        apply to the distribution of revenues from a partnership, group 
        practice, nonprofit corporation, or professional corporation to 
        its partners, shareholders, members, or employees if the 
        revenues consist only of fees for services performed by the 
        licensee or under a licensee's administrative authority.  Fee 
        splitting includes, but is not limited to: 
           (i) dividing fees with another person or a professional 
        corporation, unless the division is in proportion to the 
        services provided and the responsibility assumed by each 
        professional; and 
           (ii) referring a client to any health care provider as 
        defined in section 144.335 in which the referring licensee has a 
        significant financial interest, unless the licensee has 
        disclosed in advance to the client the licensee's own financial 
        interest; or and 
           (iii) paying, offering to pay, receiving, or agreeing to 
        receive a commission, rebate, or remuneration, directly or 
        indirectly, primarily for the referral of clients; 
           (11) has engaged in conduct with a patient client that is 
        sexual or may reasonably be interpreted by the patient client as 
        sexual, or in any verbal behavior that is seductive or sexually 
        demeaning to a patient client; 
           (12) has been subject to a corrective action or similar 
        action in another jurisdiction or by another regulatory 
        authority; or 
           (13) has been adjudicated as mentally incompetent, mentally 
        ill, or mentally retarded or as a chemically dependent person, a 
        person dangerous to the public, a sexually dangerous person, or 
        a person who has a sexual psychopathic personality by a court of 
        competent jurisdiction within this state or an equivalent 
        adjudication from another state.  Adjudication automatically 
        suspends a license for the duration thereof unless the board 
        orders otherwise. 
           (b) If grounds for disciplinary action exist under 
        paragraph (a), the board may take one or more of the following 
        actions: 
           (1) refuse to grant or renew a license; 
           (2) revoke a license; 
           (3) suspend a license; 
           (4) impose limitations or conditions on a licensee's 
        practice of professional counseling, including, but not limited 
        to, limiting the scope of practice to designated competencies, 
        imposing retraining or rehabilitation requirements, requiring 
        the licensee to practice under supervision, or conditioning 
        continued practice on the demonstration of knowledge or skill by 
        appropriate examination or other review of skill and competence; 
           (5) censure or reprimand the licensee; 
           (6) refuse to permit an applicant to take the licensure 
        examination or refuse to release an applicant's examination 
        grade if the board finds that it is in the public interest; or 
           (7) impose a civil penalty not exceeding $10,000 for each 
        separate violation, the amount of the civil penalty to be fixed 
        so as to deprive the applicant or licensee of any economic 
        advantage gained by reason of the violation charged, to 
        discourage similar violations or to reimburse the board for the 
        cost of the investigation and proceeding, including, but not 
        limited to, fees paid for services provided by the Office of 
        Administrative Hearings, legal and investigative services 
        provided by the Office of the Attorney General, court reporters, 
        witnesses, reproduction of records, board members' per diem 
        compensation, board staff time, and travel costs and expenses 
        incurred by board staff and board members.  
           (c) In lieu of or in addition to paragraph (b), the board 
        may require, as a condition of continued licensure, termination 
        of suspension, reinstatement of license, examination, or release 
        of examination grades, that the applicant or licensee: 
           (1) submit to a quality review, as specified by the board, 
        of the applicant's or licensee's ability, skills, or quality of 
        work; and 
           (2) complete to the satisfaction of the board educational 
        courses specified by the board. 
        The board may also refer a licensee, if appropriate, to the 
        health professionals services program described in sections 
        214.31 to 214.37. 
           (d) Service of the order is effective if the order is 
        served on the applicant, licensee, or counsel of record 
        personally or by mail to the most recent address provided to the 
        board for the licensee, applicant, or counsel of record.  The 
        order shall state the reasons for the entry of the order. 
           Sec. 8.  [148B.5901] [TEMPORARY SUSPENSION OF LICENSE.] 
           (a) In addition to any other remedy provided by law, the 
        board may issue an order to temporarily suspend the credentials 
        of a licensee after conducting a preliminary inquiry to 
        determine if the board reasonably believes that the licensee has 
        violated a statute or rule that the board is empowered to 
        enforce and whether continued practice by the licensee would 
        create an imminent risk of harm to others. 
           (b) The order may prohibit the licensee from engaging in 
        the practice of licensed professional counseling in whole or in 
        part and may condition the end of a suspension on the licensee's 
        compliance with a statute, rule, or order that the board has 
        issued or is empowered to enforce. 
           (c) The order shall give notice of the right to a hearing 
        according to this subdivision and shall state the reasons for 
        the entry of the order. 
           (d) Service of the order is effective when the order is 
        served on the licensee personally or by certified mail, which is 
        complete upon receipt, refusal, or return for nondelivery to the 
        most recent address provided to the board for the licensee. 
           (e) At the time the board issues a temporary suspension 
        order, the board shall schedule a hearing to be held before its 
        own members.  The hearing shall begin no later than 60 days 
        after issuance of the temporary suspension order or within 15 
        working days of the date of the board's receipt of a request for 
        hearing by a licensee, on the sole issue of whether there is a 
        reasonable basis to continue, modify, or lift the temporary 
        suspension.  The hearing is not subject to chapter 14.  Evidence 
        presented by the board or the licensee shall be in affidavit 
        form only.  The licensee or counsel of record may appear for 
        oral argument. 
           (f) Within five working days of the hearing, the board 
        shall issue its order and, if the suspension is continued, 
        schedule a contested case hearing within 30 days of the issuance 
        of the order.  Notwithstanding chapter 14, the administrative 
        law judge shall issue a report within 30 days after closing the 
        contested case hearing record.  The board shall issue a final 
        order within 30 days of receipt of the administrative law 
        judge's report. 
           Sec. 9.  [148B.5905] [MENTAL, PHYSICAL, OR CHEMICAL 
        DEPENDENCY EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.] 
           (a) If the board has probable cause to believe section 
        148B.59, paragraph (a), clause (9), applies to a licensee or 
        applicant, the board may direct the person to submit to a 
        mental, physical, or chemical dependency examination or 
        evaluation.  For the purpose of this section, every licensee and 
        applicant is deemed to have consented to submit to a mental, 
        physical, or chemical dependency examination or evaluation when 
        directed in writing by the board and to have waived all 
        objections to the admissibility of the examining professionals' 
        testimony or examination reports on the grounds that the 
        testimony or examination reports constitute a privileged 
        communication.  Failure of a licensee or applicant to submit to 
        an examination when directed by the board constitutes an 
        admission of the allegations against the person, unless the 
        failure was due to circumstances beyond the person's control, in 
        which case a default and final order may be entered without the 
        taking of testimony or presentation of evidence.  A licensee or 
        applicant affected under this paragraph shall at reasonable 
        intervals be given an opportunity to demonstrate that the person 
        can resume the competent practice of licensed professional 
        counseling with reasonable skill and safety to the public.  In 
        any proceeding under this paragraph, neither the record of 
        proceedings nor the orders entered by the board shall be used 
        against a licensee or applicant in any other proceeding. 
           (b) In addition to ordering a physical or mental 
        examination, the board may, notwithstanding section 13.384, 
        144.651, or any other law limiting access to medical or other 
        health data, obtain medical data and health records relating to 
        a licensee or applicant without the licensee's or applicant's 
        consent if the board has probable cause to believe that section 
        148B.59, paragraph (a), clause (9), applies to the licensee or 
        applicant.  The medical data may be requested from a provider, 
        as defined in section 144.335, subdivision 1, paragraph (b); an 
        insurance company; or a government agency, including the 
        Department of Human Services.  A provider, insurance company, or 
        government agency shall comply with any written request of the 
        board under this subdivision and is not liable in any action for 
        damages for releasing the data requested by the board if the 
        data are released pursuant to a written request under this 
        subdivision, unless the information is false and the provider 
        giving the information knew, or had reason to believe, the 
        information was false.  Information obtained under this 
        subdivision is classified as private under sections 13.01 to 
        13.87. 
           Sec. 10.  [148B.5925] [ASSESSMENT TOOL SECURITY.] 
           Notwithstanding section 144.335, subdivision 2, paragraphs 
        (a) and (b), a provider shall not be required to provide copies 
        of assessment tools, assessment tool materials, or scoring keys 
        to any individual who has completed an assessment tool or to an 
        individual not qualified to administer, score, and interpret the 
        assessment tool, if the provider reasonably determines that 
        access would compromise the objectivity, fairness, or integrity 
        of the testing process for the individual or others.  If the 
        provider makes this determination, the provider shall, at the 
        discretion of the individual who has completed the assessment 
        tool, release the information either to another provider who is 
        qualified to administer, score, and interpret the assessment 
        tool or furnish a summary of the assessment tool results to the 
        individual or to a third party designated by the individual. 
           Sec. 11.  Minnesota Statutes 2004, section 148C.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The commissioner shall, after 
        consultation with the advisory council or a committee 
        established by rule: 
           (a) adopt and enforce rules for licensure of alcohol and 
        drug counselors, including establishing standards and methods of 
        determining whether applicants and licensees are qualified under 
        section 148C.04.  The rules must provide for examinations and 
        establish standards for the regulation of professional conduct.  
        The rules must be designed to protect the public; 
           (b) develop and, at least twice a year, administer an 
        examination to assess applicants' knowledge and skills.  The 
        commissioner may contract for the administration of an 
        examination with an entity designated by the commissioner.  The 
        examinations must be psychometrically valid and reliable; must 
        be written and oral, with the oral examination based on a 
        written case presentation; must minimize cultural bias; and must 
        be balanced in various theories relative to the practice of 
        alcohol and drug counseling; 
           (c) issue licenses to individuals qualified under sections 
        148C.01 to 148C.11; 
           (d) (c) issue copies of the rules for licensure to all 
        applicants; 
           (e) (d) adopt rules to establish and implement procedures, 
        including a standard disciplinary process and rules of 
        professional conduct; 
           (f) (e) carry out disciplinary actions against licensees; 
           (g) (f) establish, with the advice and recommendations of 
        the advisory council, written internal operating procedures for 
        receiving and investigating complaints and for taking 
        disciplinary actions as appropriate; 
           (h) (g) educate the public about the existence and content 
        of the rules for alcohol and drug counselor licensing to enable 
        consumers to file complaints against licensees who may have 
        violated the rules; 
           (i) (h) evaluate the rules in order to refine and improve 
        the methods used to enforce the commissioner's standards; and 
           (j) (i) collect license fees for alcohol and drug 
        counselors. 
           Sec. 12.  Minnesota Statutes 2004, section 148C.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUIREMENTS FOR LICENSURE BEFORE JULY 1, 2008.] 
        An applicant for a license must furnish evidence satisfactory to 
        the commissioner that the applicant has met all the requirements 
        in clauses (1) to (3).  The applicant must have: 
           (1) received an associate degree, or an equivalent number 
        of credit hours, and a certificate in alcohol and drug 
        counseling, including 18 semester credits or 270 clock hours of 
        academic course work in accordance with subdivision 5a, 
        paragraph (a), from an accredited school or educational program 
        and 880 clock hours of supervised alcohol and drug counseling 
        practicum; 
           (2) completed one of the following: 
           (i) a written case presentation and satisfactorily passed 
        an oral examination established by the commissioner that 
        demonstrates competence in the core functions as determined by 
        the board; or 
           (ii) satisfactorily completed 2,000 hours of supervised 
        postdegree equivalent professional practice in accordance with 
        section 148C.044; and 
           (3) satisfactorily passed a written examination as 
        established by the commissioner examinations for licensure as 
        determined by the board. 
           Sec. 13.  Minnesota Statutes 2004, section 148C.04, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REQUIREMENTS FOR LICENSURE AFTER JULY 1, 2008.] 
        An applicant for a license must submit evidence to the 
        commissioner that the applicant has met one of the following 
        requirements: 
           (1) the applicant must have: 
           (i) received a bachelor's degree from an accredited school 
        or educational program, including 18 semester credits or 270 
        clock hours of academic course work in accordance with 
        subdivision 5a, paragraph (a), from an accredited school or 
        educational program and 880 clock hours of supervised alcohol 
        and drug counseling practicum; 
           (ii) completed a written case presentation and 
        satisfactorily passed an oral examination established by the 
        commissioner that demonstrates competence in the core functions 
        as determined by the board; or submitted to the board a plan for 
        supervision during the first 2,000 hours of professional 
        practice, or submitted proof of supervised professional practice 
        that is acceptable to the board; and 
           (iii) satisfactorily passed a written examination as 
        examinations as determined by the board established by 
        the commissioner board; or 
           (2) the applicant must meet the requirements of section 
        148C.07. 
           Sec. 14.  Minnesota Statutes 2004, section 148C.04, 
        subdivision 6, is amended to read: 
           Subd. 6.  [TEMPORARY PERMIT REQUIREMENTS.] (a) The 
        commissioner shall issue a temporary permit to practice alcohol 
        and drug counseling prior to being licensed under this chapter 
        if the person: 
           (1) either: 
           (i) submits verification of a current and unrestricted 
        credential for the practice of alcohol and drug counseling from 
        a national certification body or a certification or licensing 
        body from another state, United States territory, or federally 
        recognized tribal authority; 
           (ii) submits verification of the completion of at least 64 
        semester credits, including 270 clock hours or 18 semester 
        credits of formal classroom education in alcohol and drug 
        counseling and at least 880 clock hours of alcohol and drug 
        counseling practicum from an accredited school or educational 
        program; 
           (iii) applies to renew a lapsed license according to the 
        requirements of section 148C.055, subdivision 3, clauses (1) and 
        (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 
           (iv) meets the requirements of section 148C.11, subdivision 
        1, paragraph (c), or 6, clauses (1), (2), and (5); 
           (2) applies, in writing, on an application form provided by 
        the commissioner, which includes the nonrefundable temporary 
        permit fee as specified in section 148C.12 and an affirmation by 
        the person's supervisor, as defined in paragraph (c), clause 
        (1), which is signed and dated by the person and the person's 
        supervisor; and 
           (3) has not been disqualified to practice temporarily on 
        the basis of a background investigation under section 148C.09, 
        subdivision 1a.  
           (b) The commissioner must notify the person in writing 
        within 90 days from the date the completed application and all 
        required information is received by the commissioner whether the 
        person is qualified to practice under this subdivision. 
           (c) A person practicing under this subdivision: 
           (1) may practice under tribal jurisdiction or under the 
        direct supervision of a person who is licensed under this 
        chapter; 
           (2) is subject to the Rules of Professional Conduct set by 
        rule; and 
           (3) is not subject to the continuing education requirements 
        of section 148C.075. 
           (d) A person practicing under this subdivision must use the 
        title or description stating or implying that the person is a 
        trainee engaged in the practice of alcohol and drug counseling. 
           (e) A person practicing under this subdivision must 
        annually submit a renewal application on forms provided by the 
        commissioner with the renewal fee required in section 148C.12, 
        subdivision 3, and the commissioner may renew the temporary 
        permit if the trainee meets the requirements of this 
        subdivision.  A trainee may renew a practice permit no more than 
        five times. 
           (f) A temporary permit expires if not renewed, upon a 
        change of employment of the trainee or upon a change in 
        supervision, or upon the granting or denial by the commissioner 
        of a license.  
           Sec. 15.  [148C.044] [SUPERVISED POSTDEGREE PROFESSIONAL 
        PRACTICE.] 
           Subdivision 1.  [SUPERVISION.] For the purpose of this 
        section, "supervision" means documented interactive 
        consultation, which, subject to the limitations in subdivision 
        4, paragraph (a), clause (2), may be conducted in person, by 
        telephone, or by audio or audiovisual electronic device, with a 
        supervisor as defined in subdivision 2.  The supervision must be 
        adequate to ensure the quality and competence of the activities 
        supervised.  Supervisory consultation must include discussions 
        on the nature and content of the practice of the supervisee, 
        including, but not limited to, a review of a representative 
        sample of counseling services in the supervisee's practice. 
           Subd. 2.  [POSTDEGREE PROFESSIONAL PRACTICE.] "Postdegree 
        professional practice" means required postdegree paid or 
        volunteer work experience and training that involves the 
        professional oversight by a supervisor approved by the board and 
        that satisfies the supervision requirements in subdivision 4. 
           Subd. 3.  [SUPERVISOR REQUIREMENTS.] For purposes of this 
        section, a supervisor shall: 
           (1) be a licensed alcohol and drug counselor or other 
        qualified professional as determined by the board; 
           (2) have four years of experience in providing alcohol and 
        drug counseling; and 
           (3) have received a minimum of 12 hours of training in 
        clinical and ethical supervision, which may include graduate 
        course work, continuing education courses, workshops, or a 
        combination thereof.  
           Subd. 4.  [SUPERVISED PRACTICE REQUIREMENTS FOR 
        LICENSURE.] (a) The content of supervision must include: 
           (1) knowledge, skills, values, and ethics with specific 
        application to the practice issues faced by the supervisee, 
        including the core functions as described in section 148C.01, 
        subdivision 9; 
           (2) the standards of practice and ethical conduct, with 
        particular emphasis given to the counselor's role and 
        appropriate responsibilities, professional boundaries, and power 
        dynamics; and 
           (3) the supervisee's permissible scope of practice, as 
        defined by section 148C.01, subdivision 10. 
           (b) The supervision must be obtained at the rate of one 
        hour of supervision per 40 hours of professional practice, for a 
        total of 50 hours of supervision.  The supervision must be 
        evenly distributed over the course of the supervised 
        professional practice.  At least 75 percent of the required 
        supervision hours must be received in person.  The remaining 25 
        percent of the required hours may be received by telephone or by 
        audio or audiovisual electronic device.  At least 50 percent of 
        the required hours of supervision must be received on an 
        individual basis.  The remaining 50 percent may be received in a 
        group setting. 
           (c) The supervision must be completed in no fewer than 12 
        consecutive months and no more than 36 consecutive months. 
           (d) The applicant shall include with an application for 
        licensure verification of completion of the 2,000 hours of 
        supervised professional practice.  Verification must be on a 
        form specified by the board.  The supervisor shall verify that 
        the supervisee has completed the required hours of supervision 
        in accordance with this section.  The supervised practice 
        required under this section is unacceptable if the supervisor 
        attests that the supervisee's performance, competence, or 
        adherence to the standards of practice and ethical conduct has 
        been unsatisfactory. 
           Sec. 16.  Minnesota Statutes 2004, section 148C.091, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
        commissioner finds that an applicant or a licensed alcohol and 
        drug counselor has violated a provision or provisions of 
        sections 148C.01 to 148C.11, or rules promulgated under this 
        chapter, the commissioner may take one or more of the following 
        actions: 
           (1) refuse to grant a license; 
           (2) revoke the license; 
           (3) suspend the license; 
           (4) impose limitations or conditions; 
           (5) impose a civil penalty not exceeding $10,000 for each 
        separate violation, the amount of the civil penalty to be fixed 
        so as to deprive the counselor of any economic advantage gained 
        by reason of the violation charged or to reimburse the 
        commissioner for all costs of the investigation and proceeding; 
        including, but not limited to, the amount paid by the 
        commissioner for services from the Office of Administrative 
        Hearings, attorney fees, court reports, witnesses, reproduction 
        of records, advisory council members' per diem compensation, 
        staff time, and expense incurred by advisory council members and 
        staff of the department; 
           (6) order the counselor to provide uncompensated 
        professional service under supervision at a designated public 
        hospital, clinic, or other health care institution; 
           (7) censure or reprimand the counselor; or 
           (8) any other action justified by the case. 
           Sec. 17.  Minnesota Statutes 2004, section 148C.10, 
        subdivision 2, is amended to read: 
           Subd. 2.  [USE OF TITLES.] No person shall present 
        themselves or any other individual to the public by any title 
        incorporating the words "licensed alcohol and drug counselor" or 
        otherwise hold themselves out to the public by any title or 
        description stating or implying that they are licensed or 
        otherwise qualified to practice alcohol and drug counseling 
        unless that individual holds a valid license.  Persons issued a 
        temporary permit must use titles consistent with section 
        148C.04, subdivision 6, paragraph (c) (d). 
           Sec. 18.  Minnesota Statutes 2004, section 148C.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OTHER PROFESSIONALS.] (a) Nothing in this 
        chapter prevents members of other professions or occupations 
        from performing functions for which they are qualified or 
        licensed.  This exception includes, but is not limited to,:  
        licensed physicians,; registered nurses,; licensed practical 
        nurses,; licensed psychological practitioners,; members of the 
        clergy,; American Indian medicine men and women,; licensed 
        attorneys,; probation officers,; licensed marriage and family 
        therapists,; licensed social workers,; social workers employed 
        by city, county, or state agencies; licensed professional 
        counselors,; licensed school counselors,; registered 
        occupational therapists or occupational therapy assistants,; 
        city, county, or state employees when providing assessments or 
        case management under Minnesota Rules, chapter 9530; and until 
        July 1, 2005, individuals providing integrated dual-diagnosis 
        treatment in adult mental health rehabilitative programs 
        certified by the Department of Human Services under section 
        256B.0622 or 256B.0623. 
           (b) Nothing in this chapter prohibits technicians and 
        resident managers in programs licensed by the Department of 
        Human Services from discharging their duties as provided in 
        Minnesota Rules, chapter 9530.  
           (c) Any person who is exempt under this section subdivision 
        but who elects to obtain a license under this chapter is subject 
        to this chapter to the same extent as other licensees.  The 
        board shall issue a license without examination to an applicant 
        who is licensed or registered in a profession identified in 
        paragraph (a) if the applicant:  
           (1) shows evidence of current licensure or registration; 
        and 
           (2) has submitted to the board a plan for supervision 
        during the first 2,000 hours of professional practice or has 
        submitted proof of supervised professional practice that is 
        acceptable to the board.  
           (d) These persons Any person who is exempt from licensure 
        under this section must not, however, use a title incorporating 
        the words "alcohol and drug counselor" or "licensed alcohol and 
        drug counselor" or otherwise hold themselves out to the public 
        by any title or description stating or implying that they are 
        engaged in the practice of alcohol and drug counseling, or that 
        they are licensed to engage in the practice of alcohol and drug 
        counseling unless that person is also licensed as an alcohol and 
        drug counselor.  Persons engaged in the practice of alcohol and 
        drug counseling are not exempt from the commissioner's 
        jurisdiction solely by the use of one of the above titles. 
           Sec. 19.  Minnesota Statutes 2004, section 148C.11, 
        subdivision 4, is amended to read: 
           Subd. 4.  [HOSPITAL ALCOHOL AND DRUG COUNSELORS.] Effective 
        January 1, 2006 2007, hospitals employing alcohol and drug 
        counselors shall be required to employ licensed alcohol and drug 
        counselors.  An alcohol or drug counselor employed by a hospital 
        must be licensed as an alcohol and drug counselor in accordance 
        with this chapter.  
           Sec. 20.  Minnesota Statutes 2004, section 148C.11, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CITY, COUNTY, AND STATE AGENCY ALCOHOL AND DRUG 
        COUNSELORS.] Effective January 1, 2006 2007, city, county, and 
        state agencies employing alcohol and drug counselors shall be 
        required to employ licensed alcohol and drug counselors.  An 
        alcohol and drug counselor employed by a city, county, or state 
        agency must be licensed as an alcohol and drug counselor in 
        accordance with this chapter.  
           Sec. 21.  Minnesota Statutes 2004, section 148C.11, 
        subdivision 6, is amended to read: 
           Subd. 6.  [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 
        AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 
        between July 1, 2003, and January 1, 2006 2007, the commissioner 
        shall grant a license to an individual who is employed as an 
        alcohol and drug counselor at a Minnesota school district or 
        hospital, or a city, county, or state agency in Minnesota, if 
        the individual meets the requirements in section 148C.0351 and:  
           (1) was employed as an alcohol and drug counselor at a 
        school district, a hospital, or a city, county, or state agency 
        before August 1, 2002; (2) has 8,000 hours of alcohol and drug 
        counselor work experience; (3) has satisfactorily completed 
        2,000 hours of supervised postdegree equivalent professional 
        practice according to section 148C.04, subdivision 4; or has 
        completed a written case presentation and satisfactorily passed 
        an oral examination established by the commissioner; (4) and has 
        satisfactorily passed a written examination as established by 
        the commissioner; and (5) meets the requirements in section 
        148C.0351 or 
           (2) is credentialed as a board certified counselor (BCC) or 
        board certified counselor reciprocal (BCCR) by the Minnesota 
        Certification Board; or 
           (3) has 14,000 hours of supervised alcohol and drug 
        counselor work experience as documented by the employer. 
           Sec. 22.  Minnesota Statutes 2004, section 148C.12, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TEMPORARY PERMIT FEE.] The initial fee for 
        applicants under section 148C.04, subdivision 6, paragraph (a), 
        is $100.  The fee for annual renewal of a temporary permit 
        is $100 $150, but when the first expiration date occurs in less 
        or more than one year, the fee must be prorated. 
           Sec. 23.  Minnesota Statutes 2004, section 214.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
        licensing board" means the Board of Examiners of Nursing Home 
        Administrators established pursuant to section 144A.19, the 
        Office of Unlicensed Complementary and Alternative Health Care 
        Practice established pursuant to section 146A.02, the Board of 
        Medical Practice created pursuant to section 147.01, the Board 
        of Nursing created pursuant to section 148.181, the Board of 
        Chiropractic Examiners established pursuant to section 148.02, 
        the Board of Optometry established pursuant to section 148.52, 
        the Board of Physical Therapy established pursuant to section 
        148.67, the Board of Psychology established pursuant to section 
        148.90, the Board of Social Work pursuant to section 148B.19, 
        the Board of Marriage and Family Therapy pursuant to section 
        148B.30, the Office of Mental Health Practice established 
        pursuant to section 148B.61, the Board of Behavioral Health and 
        Therapy established by section 148B.51, the Alcohol and Drug 
        Counselors Licensing Advisory Council established pursuant to 
        section 148C.02, the Board of Dietetics and Nutrition Practice 
        established under section 148.622, the Board of Dentistry 
        established pursuant to section 150A.02, the Board of Pharmacy 
        established pursuant to section 151.02, the Board of Podiatric 
        Medicine established pursuant to section 153.02, and the Board 
        of Veterinary Medicine, established pursuant to section 156.01. 
           Sec. 24.  Minnesota Statutes 2004, section 214.103, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION.] For purposes of this 
        section, "board" means "health-related licensing board" and does 
        not include the Alcohol and Drug Counselors Licensing Advisory 
        Council established pursuant to section 148C.02, or the 
        non-health-related licensing boards.  Nothing in this section 
        supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as they 
        apply to the health-related licensing boards. 
           Sec. 25.  [AUTHORIZATION FOR EXPEDITED RULEMAKING 
        AUTHORITY.] 
           The Board of Behavioral Health and Therapy may use the 
        expedited rulemaking process under Minnesota Statutes, section 
        14.389, for adopting and amending rules to conform with sections 
        1 to 10. 
           Sec. 26.  [REPEALER.] 
           (a) Minnesota Statutes 2004, sections 148C.02 and 148C.12, 
        subdivision 4, are repealed.  
           (b) Minnesota Rules, parts 4747.0030, subparts 11 and 16; 
        4747.1200; and 4747.1300, are repealed. 
           Sec. 27.  [EFFECTIVE DATE.] 
           This article is effective July 1, 2005. 

                                   ARTICLE 6
                           BOARD OF MEDICAL PRACTICE
           (PHYSICIAN ASSISTANTS AND RESPIRATORY CARE PRACTITIONERS)
           Section 1.  Minnesota Statutes 2004, section 147A.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DELEGATION.] (a) A supervising physician 
        may delegate to a physician assistant who is registered with the 
        board, certified by the National Commission on Certification of 
        Physician Assistants or successor agency approved by the board, 
        and who is under the supervising physician's supervision, the 
        authority to prescribe, dispense, and administer legend drugs, 
        medical devices, and controlled substances subject to the 
        requirements in this section.  The authority to dispense 
        includes, but is not limited to, the authority to request, 
        receive, and dispense sample drugs.  This authority to dispense 
        extends only to those drugs described in the written agreement 
        developed under paragraph (b). 
           (b) The agreement between the physician assistant and 
        supervising physician and any alternate supervising physicians 
        must include a statement by the supervising physician regarding 
        delegation or nondelegation of the functions of prescribing, 
        dispensing, and administering of legend drugs and medical 
        devices to the physician assistant.  The statement must include 
        a protocol indicating categories of drugs for which the 
        supervising physician delegates prescriptive and dispensing 
        authority.  The delegation must be appropriate to the physician 
        assistant's practice and within the scope of the physician 
        assistant's training.  Physician assistants who have been 
        delegated the authority to prescribe, dispense, and administer 
        legend drugs and medical devices shall provide evidence of 
        current certification by the National Commission on 
        Certification of Physician Assistants or its successor agency 
        when registering or reregistering as physician assistants.  
        Physician assistants who have been delegated the authority to 
        prescribe controlled substances must present evidence of the 
        certification and hold a valid DEA certificate.  Supervising 
        physicians shall retrospectively review the prescribing, 
        dispensing, and administering of legend and controlled drugs and 
        medical devices by physician assistants, when this authority has 
        been delegated to the physician assistant as part of the 
        delegation agreement between the physician and the physician 
        assistant.  This review must take place at least weekly as 
        outlined in the internal protocol.  The process and schedule for 
        the review must be outlined in the delegation agreement. 
           (c) The board may establish by rule: 
           (1) a system of identifying physician assistants eligible 
        to prescribe, administer, and dispense legend drugs and medical 
        devices; 
           (2) a system of identifying physician assistants eligible 
        to prescribe, administer, and dispense controlled substances; 
           (3) a method of determining the categories of legend and 
        controlled drugs and medical devices that each physician 
        assistant is allowed to prescribe, administer, and dispense; and 
           (4) a system of transmitting to pharmacies a listing of 
        physician assistants eligible to prescribe legend and controlled 
        drugs and medical devices. 
           Sec. 2.  Minnesota Statutes 2004, section 147A.18, 
        subdivision 3, is amended to read: 
           Subd. 3.  [OTHER REQUIREMENTS AND RESTRICTIONS.] (a) The 
        supervising physician and the physician assistant must complete, 
        sign, and date an internal protocol which lists each category of 
        drug or medical device, or controlled substance the physician 
        assistant may prescribe, dispense, and administer.  The 
        supervising physician and physician assistant shall submit the 
        internal protocol to the board upon request.  The supervising 
        physician may amend the internal protocol as necessary, within 
        the limits of the completed delegation form in subdivision 5.  
        The supervising physician and physician assistant must sign and 
        date any amendments to the internal protocol.  Any amendments 
        resulting in a change to an addition or deletion to categories 
        delegated in the delegation form in subdivision 5 must be 
        submitted to the board according to this chapter, along with the 
        fee required. 
           (b) The supervising physician and physician assistant shall 
        review delegation of prescribing, dispensing, and administering 
        authority on an annual basis at the time of reregistration.  The 
        internal protocol must be signed and dated by the supervising 
        physician and physician assistant after review.  Any amendments 
        to the internal protocol resulting in changes to the delegation 
        form in subdivision 5 must be submitted to the board according 
        to this chapter, along with the fee required. 
           (c) Each prescription initiated by a physician assistant 
        shall indicate the following: 
           (1) the date of issue; 
           (2) the name and address of the patient; 
           (3) the name and quantity of the drug prescribed; 
           (4) directions for use; and 
           (5) the name, and address, and telephone number of the 
        prescribing physician assistant and of the physician serving as 
        supervisor. 
           (d) In prescribing, dispensing, and administering legend 
        drugs and medical devices, including controlled substances as 
        defined in section 152.01, subdivision 4, a physician assistant 
        must conform with the agreement, chapter 151, and this chapter. 
           Sec. 3.  Minnesota Statutes 2004, section 147C.05, is 
        amended to read: 
           147C.05 [SCOPE OF PRACTICE.] 
           (a) The practice of respiratory care by a registered 
        respiratory care practitioner includes, but is not limited to, 
        the following services: 
           (1) providing and monitoring therapeutic administration of 
        medical gases, aerosols, humidification, and pharmacological 
        agents related to respiratory care procedures, but not including 
        administration of general anesthesia; 
           (2) carrying out therapeutic application and monitoring of 
        mechanical ventilatory support; 
           (3) providing cardiopulmonary resuscitation and maintenance 
        of natural airways and insertion and maintenance of artificial 
        airways; 
           (4) assessing and monitoring signs, symptoms, and general 
        behavior relating to, and general physical response to, 
        respiratory care treatment or evaluation for treatment and 
        diagnostic testing, including determination of whether the 
        signs, symptoms, reactions, behavior, or general response 
        exhibit abnormal characteristics; 
           (5) obtaining physiological specimens and interpreting 
        physiological data including: 
           (i) analyzing arterial and venous blood gases; 
           (ii) assessing respiratory secretions; 
           (iii) measuring ventilatory volumes, pressures, and flows; 
           (iv) testing pulmonary function; 
           (v) testing and studying the cardiopulmonary system; and 
           (vi) diagnostic testing of breathing patterns related to 
        sleep disorders; 
           (6) assisting hemodynamic monitoring and support of the 
        cardiopulmonary system; 
           (7) assessing and making suggestions for modifications in 
        the treatment regimen based on abnormalities, protocols, or 
        changes in patient response to respiratory care treatment; 
           (8) providing cardiopulmonary rehabilitation including 
        respiratory-care related educational components, postural 
        drainage, chest physiotherapy, breathing exercises, aerosolized 
        administration of medications, and equipment use and 
        maintenance; 
           (9) instructing patients and their families in techniques 
        for the prevention, alleviation, and rehabilitation of 
        deficiencies, abnormalities, and diseases of the cardiopulmonary 
        system; and 
           (10) transcribing and implementing physician orders for 
        respiratory care services. 
           (b) Patient service by a practitioner must be limited to: 
           (1) services within the training and experience of the 
        practitioner; and 
           (2) services within the parameters of the laws, rules, and 
        standards of the facilities in which the respiratory care 
        practitioner practices.  
           (c) Respiratory care services provided by a registered 
        respiratory care practitioner, whether delivered in a health 
        care facility or the patient's residence, must not be provided 
        except upon referral from a physician. 
           (d) This section does not prohibit an individual licensed 
        or registered as a respiratory therapist in another state or 
        country from providing respiratory care in an emergency in this 
        state, providing respiratory care as a member of an organ 
        harvesting team, or from providing respiratory care on board an 
        ambulance as part of an ambulance treatment team. 

                                   ARTICLE 7
                     COMMISSIONER OF HEALTH - AUDIOLOGISTS
           Section 1.  Minnesota Statutes 2004, section 148.512, 
        subdivision 6, is amended to read: 
           Subd. 6.  [AUDIOLOGIST.] "Audiologist" means a natural 
        person who engages in the practice of audiology, meets the 
        qualifications required by sections 148.511 to 148.5196 
        148.5198, and is licensed by the commissioner under a general, 
        clinical fellowship, doctoral externship, or temporary license.  
        Audiologist also means a natural person using any descriptive 
        word with the title audiologist.  
           Sec. 2.  Minnesota Statutes 2004, section 148.512, is 
        amended by adding a subdivision to read: 
           Subd. 10a.  [HEARING AID.] "Hearing aid" means an 
        instrument, or any of its parts, worn in the ear canal and 
        designed to or represented as being able to aid or enhance human 
        hearing.  "Hearing aid" includes the aid's parts, attachments, 
        or accessories, including, but not limited to, ear molds and 
        behind the ear (BTE) devices with or without an ear mold.  
        Batteries and cords are not parts, attachments, or accessories 
        of a hearing aid.  Surgically implanted hearing aids, and 
        assistive listening devices not worn within the ear canal, are 
        not hearing aids. 
           Sec. 3.  Minnesota Statutes 2004, section 148.512, is 
        amended by adding a subdivision to read: 
           Subd. 10b.  [HEARING AID DISPENSING.] "Hearing aid 
        dispensing" means making ear mold impressions, prescribing, or 
        recommending a hearing aid, assisting the consumer in aid 
        selection, selling hearing aids at retail, or testing human 
        hearing in connection with these activities regardless of 
        whether the person conducting these activities has a monetary 
        interest in the dispensing of hearing aids to the consumer. 
           Sec. 4.  Minnesota Statutes 2004, section 148.513, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [HEARING AID DISPENSERS.] An audiologist must 
        not hold out as a licensed hearing aid dispenser. 
           Sec. 5.  Minnesota Statutes 2004, section 148.515, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [DISPENSING AUDIOLOGIST EXAMINATION 
        REQUIREMENTS.] (a) Audiologists are exempt from the written 
        examination requirement in section 153A.14, subdivision 2h, 
        paragraph (a), clause (1). 
           (b) After July 31, 2005, all applicants for audiologist 
        licensure under sections 148.512 to 148.5198 must achieve a 
        passing score on the practical tests of proficiency described in 
        section 153A.14, subdivision 2h, paragraph (a), clause (2), 
        within the time period described in section 153A.14, subdivision 
        2h, paragraph (c). 
           (c) In order to dispense hearing aids as a sole proprietor, 
        member of a partnership, or for a limited liability company, 
        corporation, or any other entity organized for profit, a 
        licensee who obtained audiologist licensure under sections 
        148.512 to 148.5198, before August 1, 2005, and who is not 
        certified to dispense hearing aids under chapter 153A, must 
        achieve a passing score on the practical tests of proficiency 
        described in section 153A.14, subdivision 2h, paragraph (a), 
        clause (2), within the time period described in section 153A.14, 
        subdivision 2h, paragraph (c).  All other audiologist licensees 
        who obtained licensure before August 1, 2005, are exempt from 
        the practical tests. 
           Sec. 6.  Minnesota Statutes 2004, section 148.5194, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [AUDIOLOGIST SURCHARGE FEE.] (a) The biennial 
        surcharge fee for audiologists is $235.  The commissioner shall 
        prorate the fee for clinical fellowship, doctoral externship, 
        temporary, and first time licensees according to the number of 
        months that have elapsed between the date the license is issued 
        and the date the license expires or must be renewed under 
        section 148.5191, subdivision 4. 
           (b) Effective November 1, 2005, the commissioner shall 
        collect the $235 audiologist surcharge fee prorated according to 
        the number of months remaining until the next scheduled license 
        renewal. 
           Sec. 7.  Minnesota Statutes 2004, section 148.5195, 
        subdivision 3, is amended to read: 
           Subd. 3.  [GROUNDS FOR DISCIPLINARY ACTION BY 
        COMMISSIONER.] The commissioner may take any of the disciplinary 
        actions listed in subdivision 4 on proof that the individual has:
           (1) intentionally submitted false or misleading information 
        to the commissioner or the advisory council; 
           (2) failed, within 30 days, to provide information in 
        response to a written request, via certified mail, by the 
        commissioner or advisory council; 
           (3) performed services of a speech-language pathologist or 
        audiologist in an incompetent or negligent manner; 
           (4) violated sections 148.511 to 148.5196 148.5198; 
           (5) failed to perform services with reasonable judgment, 
        skill, or safety due to the use of alcohol or drugs, or other 
        physical or mental impairment; 
           (6) violated any state or federal law, rule, or regulation, 
        and the violation is a felony or misdemeanor, an essential 
        element of which is dishonesty, or which relates directly or 
        indirectly to the practice of speech-language pathology or 
        audiology.  Conviction for violating any state or federal law 
        which relates to speech-language pathology or audiology is 
        necessarily considered to constitute a violation, except as 
        provided in chapter 364; 
           (7) aided or abetted another person in violating any 
        provision of sections 148.511 to 148.5196 148.5198; 
           (8) been or is being disciplined by another jurisdiction, 
        if any of the grounds for the discipline is the same or 
        substantially equivalent to those under sections 148.511 to 
        148.5196; 
           (9) not cooperated with the commissioner or advisory 
        council in an investigation conducted according to subdivision 
        1; 
           (10) advertised in a manner that is false or misleading; 
           (11) engaged in conduct likely to deceive, defraud, or harm 
        the public; or demonstrated a willful or careless disregard for 
        the health, welfare, or safety of a client; 
           (12) failed to disclose to the consumer any fee splitting 
        or any promise to pay a portion of a fee to any other 
        professional other than a fee for services rendered by the other 
        professional to the client; 
           (13) engaged in abusive or fraudulent billing practices, 
        including violations of federal Medicare and Medicaid laws, Food 
        and Drug Administration regulations, or state medical assistance 
        laws; 
           (14) obtained money, property, or services from a consumer 
        through the use of undue influence, high pressure sales tactics, 
        harassment, duress, deception, or fraud; 
           (15) performed services for a client who had no possibility 
        of benefiting from the services; 
           (16) failed to refer a client for medical evaluation or to 
        other health care professionals when appropriate or when a 
        client indicated symptoms associated with diseases that could be 
        medically or surgically treated; 
           (17) if the individual is a dispenser of hearing 
        instruments as defined by section 153A.13, subdivision 5, had 
        the certification required by chapter 153A, denied, suspended, 
        or revoked according to chapter 153A; 
           (18) used the term doctor of audiology, doctor of 
        speech-language pathology, AuD, or SLPD without having obtained 
        the degree from an institution accredited by the North Central 
        Association of Colleges and Secondary Schools, the Council on 
        Academic Accreditation in Audiology and Speech-Language 
        Pathology, the United States Department of Education, or an 
        equivalent; or 
           (19) failed to comply with the requirements of section 
        148.5192 regarding supervision of speech-language pathology 
        assistants.; or 
           (20) if the individual is an audiologist or certified 
        hearing aid dispenser: 
           (i) prescribed or otherwise recommended to a consumer or 
        potential consumer the use of a hearing aid, unless the 
        prescription from a physician or recommendation from an 
        audiologist or certified dispenser is in writing, is based on an 
        audiogram that is delivered to the consumer or potential 
        consumer when the prescription or recommendation is made, and 
        bears the following information in all capital letters of 
        12-point or larger boldface type:  "THIS PRESCRIPTION OR 
        RECOMMENDATION MAY BE FILLED BY, AND HEARING AIDS MAY BE 
        PURCHASED FROM, THE LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER 
        OF YOUR CHOICE"; 
           (ii) failed to give a copy of the audiogram, upon which the 
        prescription or recommendation is based, to the consumer when 
        the consumer requests a copy; 
           (iii) failed to provide the consumer rights brochure 
        required by section 148.5197, subdivision 3; 
           (iv) failed to comply with restrictions on sales of hearing 
        aids in sections 148.5197, subdivision 3, and 148.5198; 
           (v) failed to return a consumer's hearing aid used as a 
        trade-in or for a discount in the price of a new hearing aid 
        when requested by the consumer upon cancellation of the purchase 
        agreement; 
           (vi) failed to follow Food and Drug Administration or 
        Federal Trade Commission regulations relating to dispensing 
        hearing aids; 
           (vii) failed to dispense a hearing aid in a competent 
        manner or without appropriate training; 
           (viii) delegated hearing instrument dispensing authority to 
        a person not authorized to dispense a hearing instrument under 
        this chapter or chapter 153A; 
           (ix) failed to comply with the requirements of an employer 
        or supervisor of a hearing aid dispenser trainee; or 
           (x) violated a state or federal court order or judgment, 
        including a conciliation court judgment, relating to the 
        activities of the individual's hearing aid dispensing. 
           Sec. 8.  Minnesota Statutes 2004, section 148.5196, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
        appoint eight 12 persons to a Speech-Language Pathologist and 
        Audiologist Advisory Council.  The eight 12 persons must include:
           (1) two three public members, as defined in section 214.02. 
        Two of the public members shall be either persons receiving 
        services of a speech-language pathologist or audiologist, or 
        family members of or caregivers to such persons, and at least 
        one of the public members shall be either a hearing instrument 
        user or an advocate of one; 
           (2) two three speech-language pathologists licensed under 
        sections 148.511 to 148.5196, one of whom is currently and has 
        been, for the five years immediately preceding the appointment, 
        engaged in the practice of speech-language pathology in 
        Minnesota and each of whom is employed in a different employment 
        setting including, but not limited to, private practice, 
        hospitals, rehabilitation settings, educational settings, and 
        government agencies; 
           (3) one speech-language pathologist licensed under sections 
        148.511 to 148.5196, who is currently and has been, for the five 
        years immediately preceding the appointment, employed by a 
        Minnesota public school district or a Minnesota public school 
        district consortium that is authorized by Minnesota Statutes and 
        who is licensed in speech-language pathology by the Minnesota 
        Board of Teaching; 
           (4) two three audiologists licensed under sections 148.511 
        to 148.5196, one two of whom is are currently and has have 
        been, for the five years immediately preceding the appointment, 
        engaged in the practice of audiology and the dispensing of 
        hearing instruments in Minnesota and each of whom is employed in 
        a different employment setting including, but not limited to, 
        private practice, hospitals, rehabilitation settings, 
        educational settings, industry, and government agencies; and 
           (5) one nonaudiologist hearing instrument dispenser 
        recommended by a professional association representing hearing 
        instrument dispensers; and 
           (6) one physician licensed under chapter 147 and certified 
        by the American Board of Otolaryngology, Head and Neck Surgery.  
           Sec. 9.  [148.5197] [HEARING AID DISPENSING.] 
           Subdivision 1.  [CONTENT OF CONTRACTS.] Oral statements 
        made by an audiologist or certified dispenser regarding the 
        provision of warranties, refunds, and service on the hearing aid 
        or aids dispensed must be written on, and become part of, the 
        contract of sale, specify the item or items covered, and 
        indicate the person or business entity obligated to provide the 
        warranty, refund, or service. 
           Subd. 2.  [REQUIRED USE OF LICENSE NUMBER.] The 
        audiologist's license number or certified dispenser's 
        certificate number must appear on all contracts, bills of sale, 
        and receipts used in the sale of hearing aids. 
           Subd. 3.  [CONSUMER RIGHTS INFORMATION.] An audiologist or 
        certified dispenser shall, at the time of the recommendation or 
        prescription, give a consumer rights brochure, prepared by the 
        commissioner and containing information about legal requirements 
        pertaining to dispensing of hearing aids, to each potential 
        consumer of a hearing aid.  The brochure must contain 
        information about the consumer information center described in 
        section 153A.18.  A contract for a hearing aid must note the 
        receipt of the brochure by the consumer, along with the 
        consumer's signature or initials. 
           Subd. 4.  [LIABILITY FOR CONTRACTS.] Owners of entities in 
        the business of dispensing hearing aids, employers of 
        audiologists or persons who dispense hearing aids, supervisors 
        of trainees or audiology students, and hearing aid dispensers 
        conducting the transaction at issue are liable for satisfying 
        all terms of contracts, written or oral, made by their agents, 
        employees, assignees, affiliates, or trainees, including terms 
        relating to products, repairs, warranties, service, and 
        refunds.  The commissioner may enforce the terms of hearing aid 
        contracts against the principal, employer, supervisor, or 
        dispenser who conducted the transaction and may impose any 
        remedy provided for in this chapter. 
           Sec. 10.  [148.5198] [RESTRICTION ON SALE OF HEARING AIDS.] 
           Subdivision 1.  [45-CALENDAR-DAY GUARANTEE AND BUYER RIGHT 
        TO CANCEL.] (a) An audiologist or certified dispenser dispensing 
        a hearing aid in this state must comply with paragraphs (b) and 
        (c). 
           (b) The audiologist or certified dispenser must provide the 
        buyer with a 45-calendar-day written money-back guarantee.  The 
        guarantee must permit the buyer to cancel the purchase for any 
        reason within 45 calendar days after receiving the hearing aid 
        by giving or mailing written notice of cancellation to the 
        audiologist or certified dispenser.  If the buyer mails the 
        notice of cancellation, the 45-calendar-day period is counted 
        using the postmark date, to the date of receipt by the 
        audiologist or certified dispenser.  If the hearing aid must be 
        repaired, remade, or adjusted during the 45-calendar-day 
        money-back guarantee period, the running of the 45-calendar-day 
        period is suspended one day for each 24-hour period that the 
        hearing aid is not in the buyer's possession.  A repaired, 
        remade, or adjusted hearing aid must be claimed by the buyer 
        within three business days after notification of availability, 
        after which time the running of the 45-calendar-day period 
        resumes.  The guarantee must entitle the buyer, upon 
        cancellation, to receive a refund of payment within 30 days of 
        return of the hearing aid to the audiologist or certified 
        dispenser.  The audiologist or certified dispenser may retain as 
        a cancellation fee no more than $250 of the buyer's total 
        purchase price of the hearing aid.  
           (c) The audiologist or certified dispenser shall provide 
        the buyer with a contract written in plain English, that 
        contains uniform language and provisions that meet the 
        requirements under the Plain Language Contract Act, sections 
        325G.29 to 325G.36.  The contract must include, but is not 
        limited to, the following:  in immediate proximity to the space 
        reserved for the signature of the buyer, or on the first page if 
        there is no space reserved for the signature of the buyer, a 
        clear and conspicuous disclosure of the following specific 
        statement in all capital letters of no less than 12-point 
        boldface type:  "MINNESOTA STATE LAW GIVES THE BUYER THE RIGHT 
        TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 
        MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING 
        AID(S).  THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN 
        OR MAILED TO THE AUDIOLOGIST OR CERTIFIED DISPENSER.  IF THE 
        BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS 
        45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE 
        TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST OR 
        CERTIFIED DISPENSER MAY RETAIN AS A CANCELLATION FEE NO MORE 
        THAN $250." 
           Subd. 2.  [ITEMIZED REPAIR BILL.] Any audiologist, 
        certified dispenser, or company who agrees to repair a hearing 
        aid must provide the owner of the hearing aid, or the owner's 
        representative, with a bill that describes the repair and 
        services rendered.  The bill must also include the repairing 
        audiologist's, certified dispenser's, or company's name, 
        address, and telephone number. 
           This subdivision does not apply to an audiologist, 
        certified dispenser, or company that repairs a hearing aid 
        pursuant to an express warranty covering the entire hearing aid 
        and the warranty covers the entire cost, both parts and labor, 
        of the repair. 
           Subd. 3.  [REPAIR WARRANTY.] Any guarantee of hearing aid 
        repairs must be in writing and delivered to the owner of the 
        hearing aid, or the owner's representative, stating the 
        repairing audiologist's, certified dispenser's, or company's 
        name, address, telephone number, length of guarantee, model, and 
        serial number of the hearing aid and all other terms and 
        conditions of the guarantee. 
           Subd. 4.  [MISDEMEANOR.] A person found to have violated 
        this section is guilty of a misdemeanor.  
           Subd. 5.  [ADDITIONAL.] In addition to the penalty provided 
        in subdivision 4, a person found to have violated this section 
        is subject to the penalties and remedies provided in section 
        325F.69, subdivision 1.  
           Subd. 6.  [ESTIMATES.] Upon the request of the owner of a 
        hearing aid or the owner's representative for a written estimate 
        and prior to the commencement of repairs, a repairing 
        audiologist, certified dispenser, or company shall provide the 
        customer with a written estimate of the price of repairs.  If a 
        repairing audiologist, certified dispenser, or company provides 
        a written estimate of the price of repairs, it must not charge 
        more than the total price stated in the estimate for the 
        repairs.  If the repairing audiologist, certified dispenser, or 
        company after commencing repairs determines that additional work 
        is necessary to accomplish repairs that are the subject of a 
        written estimate and if the repairing audiologist, certified 
        dispenser, or company did not unreasonably fail to disclose the 
        possible need for the additional work when the estimate was 
        made, the repairing audiologist, certified dispenser, or company 
        may charge more than the estimate for the repairs if the 
        repairing audiologist, certified dispenser, or company 
        immediately provides the owner or owner's representative a 
        revised written estimate pursuant to this section and receives 
        authorization to continue with the repairs.  If continuation of 
        the repairs is not authorized, the repairing audiologist, 
        certified dispenser, or company shall return the hearing aid as 
        close as possible to its former condition and shall release the 
        hearing aid to the owner or owner's representative upon payment 
        of charges for repairs actually performed and not in excess of 
        the original estimate. 
           Sec. 11.  Minnesota Statutes 2004, section 153A.13, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of 
        hearing instruments" means a natural person who engages in 
        hearing instrument dispensing whether or not certified by the 
        commissioner of health or licensed by an existing health-related 
        board, except that a person described as follows is not a 
        dispenser of hearing instruments:  
           (1) a student participating in supervised field work that 
        is necessary to meet requirements of an accredited educational 
        program if the student is designated by a title which clearly 
        indicates the student's status as a student trainee; or 
           (2) a person who helps a dispenser of hearing instruments 
        in an administrative or clerical manner and does not engage in 
        hearing instrument dispensing.  
           A person who offers to dispense a hearing instrument, or a 
        person who advertises, holds out to the public, or otherwise 
        represents that the person is authorized to dispense hearing 
        instruments must be certified by the commissioner except when 
        the person is an audiologist as defined in section 148.512. 
           Sec. 12.  Minnesota Statutes 2004, section 153A.14, 
        subdivision 2h, is amended to read: 
           Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant 
        must achieve a passing score, as determined by the commissioner, 
        on an examination according to paragraphs (a) to (c). 
           (a) The examination must include, but is not limited to: 
           (1) A written examination approved by the commissioner 
        covering the following areas as they pertain to hearing 
        instrument selling: 
           (i) basic physics of sound; 
           (ii) the anatomy and physiology of the ear; 
           (iii) the function of hearing instruments; and 
           (iv) the principles of hearing instrument selection; and 
           (v) state and federal laws, rules, and regulations. 
           (2) Practical tests of proficiency in the following 
        techniques as they pertain to hearing instrument selling: 
           (i) pure tone audiometry, including air conduction testing 
        and bone conduction testing; 
           (ii) live voice or recorded voice speech audiometry 
        including speech recognition (discrimination) testing, most 
        comfortable loudness level, and uncomfortable loudness 
        measurements of tolerance thresholds; 
           (iii) masking when indicated; 
           (iv) recording and evaluation of audiograms and speech 
        audiometry to determine proper selection and fitting of a 
        hearing instrument; 
           (v) taking ear mold impressions; and 
           (vi) using an otoscope for the visual observation of the 
        entire ear canal; and 
           (vii) state and federal laws, rules, and regulations. 
           (b) The examination shall be administered by the 
        commissioner at least twice a year. 
           (c) An applicant must achieve a passing score on all 
        portions of the examination within a two-year period.  An 
        applicant who does not achieve a passing score on all portions 
        of the examination within a two-year period must retake the 
        entire examination and achieve a passing score on each portion 
        of the examination.  An applicant who does not apply for 
        certification within one year of successful completion of the 
        examination must retake the examination and achieve a passing 
        score on each portion of the examination.  An applicant may not 
        take any part of the examination more than three times in a 
        two-year period. 
           Sec. 13.  Minnesota Statutes 2004, section 153A.14, 
        subdivision 2i, is amended to read: 
           Subd. 2i.  [CONTINUING EDUCATION REQUIREMENT.] On forms 
        provided by the commissioner, each certified dispenser must 
        submit with the application for renewal of certification 
        evidence of completion of ten course hours of continuing 
        education earned within the 12-month period of July 1 to June 30 
        immediately preceding renewal.  Continuing education courses 
        must be directly related to hearing instrument dispensing and 
        approved by the International Hearing Society or qualify for 
        continuing education approved for Minnesota licensed 
        audiologists.  Evidence of completion of the ten course hours of 
        continuing education must be submitted with renewal applications 
        by October 1 of each year.  This requirement does not apply to 
        dispensers certified for less than one year.  The first report 
        of evidence of completion of the continuing education credits 
        shall be due October 1, 1997.  
           Sec. 14.  Minnesota Statutes 2004, section 153A.14, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DISPENSING OF HEARING INSTRUMENTS WITHOUT 
        CERTIFICATE.] Except as provided in subdivisions 4a and 4c, and 
        in sections 148.512 to 148.5198, it is unlawful for any person 
        not holding a valid certificate to dispense a hearing instrument 
        as defined in section 153A.13, subdivision 3.  A person who 
        dispenses a hearing instrument without the certificate required 
        by this section is guilty of a gross misdemeanor.  
           Sec. 15.  Minnesota Statutes 2004, section 153A.14, 
        subdivision 4c, is amended to read: 
           Subd. 4c.  [RECIPROCITY.] (a) A person applying for 
        certification as a hearing instrument dispenser under 
        subdivision 1 who has dispensed hearing instruments in another 
        jurisdiction may dispense hearing instruments as a trainee under 
        indirect supervision if the person: 
           (1) satisfies the provisions of subdivision 4a, paragraph 
        (a); 
           (2) submits a signed and dated affidavit stating that the 
        applicant is not the subject of a disciplinary action or past 
        disciplinary action in this or another jurisdiction and is not 
        disqualified on the basis of section 153A.15, subdivision 1; and 
           (3) provides a copy of a current credential as a hearing 
        instrument dispenser, an audiologist, or both, held in the 
        District of Columbia or a state or territory of the United 
        States. 
           (b) A person becoming a trainee under this subdivision who 
        fails to take and pass the practical examination described in 
        subdivision 2h, paragraph (a), clause (2), when next offered 
        must cease dispensing hearing instruments unless under direct 
        supervision. 
           Sec. 16.  Minnesota Statutes 2004, section 153A.14, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CONSUMER RIGHTS INFORMATION.] A hearing 
        instrument dispenser shall, at the time of the recommendation or 
        prescription, give a consumer rights brochure, prepared by the 
        commissioner and containing information about legal requirements 
        pertaining to sales of hearing instruments, to each potential 
        buyer of a hearing instrument.  A sales contract for a hearing 
        instrument must note the receipt of the brochure by the buyer, 
        along with the buyer's signature or initials comply with the 
        requirements of sections 148.5195, subdivision 3, clause (20); 
        148.5197; and 148.5198. 
           Sec. 17.  Minnesota Statutes 2004, section 153A.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
        take enforcement action as provided under subdivision 2 against 
        a dispenser of hearing instruments for the following acts and 
        conduct: 
           (1) prescribing or otherwise recommending to a consumer or 
        potential consumer the use of a hearing instrument, unless the 
        prescription from a physician or recommendation from a hearing 
        instrument dispenser or audiologist is in writing, is based on 
        an audiogram that is delivered to the consumer or potential 
        consumer when the prescription or recommendation is made, and 
        bears the following information in all capital letters of 
        12-point or larger boldface type:  "THIS PRESCRIPTION OR 
        RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
        PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 
           (2) failing to give a copy of the audiogram, upon which the 
        prescription or recommendation is based, to the consumer when 
        there has been a charge for the audiogram and the consumer 
        requests a copy; 
           (3) dispensing a hearing instrument to a minor person 18 
        years or younger unless evaluated by an audiologist for hearing 
        evaluation and hearing aid evaluation; 
           (4) failing to provide the consumer rights brochure 
        required by section 153A.14, subdivision 9; 
           (5) (2) being disciplined through a revocation, suspension, 
        restriction, or limitation by another state for conduct subject 
        to action under this chapter; 
           (6) (3) presenting advertising that is false or misleading; 
           (7) (4) providing the commissioner with false or misleading 
        statements of credentials, training, or experience; 
           (8) (5) engaging in conduct likely to deceive, defraud, or 
        harm the public; or demonstrating a willful or careless 
        disregard for the health, welfare, or safety of a consumer; 
           (9) (6) splitting fees or promising to pay a portion of a 
        fee to any other professional other than a fee for services 
        rendered by the other professional to the client; 
           (10) (7) engaging in abusive or fraudulent billing 
        practices, including violations of federal Medicare and Medicaid 
        laws, Food and Drug Administration regulations, or state medical 
        assistance laws; 
           (11) (8) obtaining money, property, or services from a 
        consumer through the use of undue influence, high pressure sales 
        tactics, harassment, duress, deception, or fraud; 
           (12) failing to comply with restrictions on sales of 
        hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
           (13) (9) performing the services of a certified hearing 
        instrument dispenser in an incompetent or negligent manner; 
           (14) (10) failing to comply with the requirements of this 
        chapter as an employer, supervisor, or trainee; 
           (15) (11) failing to provide information in a timely manner 
        in response to a request by the commissioner, commissioner's 
        designee, or the advisory council; 
           (16) (12) being convicted within the past five years of 
        violating any laws of the United States, or any state or 
        territory of the United States, and the violation is a felony, 
        gross misdemeanor, or misdemeanor, an essential element of which 
        relates to hearing instrument dispensing, except as provided in 
        chapter 364; 
           (17) (13) failing to cooperate with the commissioner, the 
        commissioner's designee, or the advisory council in any 
        investigation; 
           (18) (14) failing to perform hearing instrument dispensing 
        with reasonable judgment, skill, or safety due to the use of 
        alcohol or drugs, or other physical or mental impairment; 
           (19) (15) failing to fully disclose actions taken against 
        the applicant or the applicant's legal authorization to dispense 
        hearing instruments in this or another state; 
           (20) (16) violating a state or federal court order or 
        judgment, including a conciliation court judgment, relating to 
        the activities of the applicant in hearing instrument 
        dispensing; 
           (21) (17) having been or being disciplined by the 
        commissioner of the Department of Health, or other authority, in 
        this or another jurisdiction, if any of the grounds for the 
        discipline are the same or substantially equivalent to those in 
        sections 153A.13 to 153A.19; 
           (22) (18) misrepresenting the purpose of hearing tests, or 
        in any way communicating that the hearing test or hearing test 
        protocol required by section 153A.14, subdivision 4b, is a 
        medical evaluation, a diagnostic hearing evaluation conducted by 
        an audiologist, or is other than a test to select a hearing 
        instrument, except that the hearing instrument dispenser can 
        determine the need for or recommend the consumer obtain a 
        medical evaluation consistent with requirements of the United 
        States Food and Drug Administration; 
           (23) (19) violating any of the provisions of sections 
        148.5195, subdivision 3, clause (20); 148.5197; 148.5198; and 
        153A.13 to 153A.19 153A.18; and 
           (24) (20) aiding or abetting another person in violating 
        any of the provisions of sections 148.5195, subdivision 3, 
        clause (20); 148.5197; 148.5198; and 153A.13 to 153A.19 153A.18. 
           Sec. 18.  Minnesota Statutes 2004, section 153A.20, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
        appoint nine seven persons to a Hearing Instrument Dispenser 
        Advisory Council. 
           (a) The nine seven persons must include: 
           (1) three public members, as defined in section 214.02.  At 
        least one of the public members shall be a hearing instrument 
        user and one of the public members shall be either a hearing 
        instrument user or an advocate of one; and 
           (2) three hearing instrument dispensers certified under 
        sections 153A.14 to 153A.20, each of whom is currently, and has 
        been for the five years immediately preceding their appointment, 
        engaged in hearing instrument dispensing in Minnesota and who 
        represent the occupation of hearing instrument dispensing and 
        who are not audiologists; and 
           (3) three audiologists who are certified hearing instrument 
        dispensers or are one audiologist licensed as audiologists an 
        audiologist under chapter 148 who dispenses hearing instruments, 
        recommended by a professional association representing 
        audiologists and speech-language pathologists. 
           (b) The factors the commissioner may consider when 
        appointing advisory council members include, but are not limited 
        to, professional affiliation, geographical location, and type of 
        practice. 
           (c) No two members of the advisory council shall be 
        employees of, or have binding contracts requiring sales 
        exclusively for, the same hearing instrument manufacturer or the 
        same employer. 
           Sec. 19.  [REVISOR'S INSTRUCTION.] 
           The revisor of statutes shall change references from 
        "sections 148.511 to 148.5196" to "sections 148.511 to 148.5198" 
        wherever they appear in Minnesota Statutes and Minnesota Rules, 
        and change "153A.19" to "148.5197" in Minnesota Statutes, 
        section 325G.203. 
           Sec. 20.  [REPEALER.] 
           Minnesota Statutes 2004, sections 153A.14, subdivisions 2a, 
        8, and 10; and 153A.19, are repealed. 
           Sec. 21.  [EFFECTIVE DATE.] 
           Sections 1 to 18 and 20 are effective August 1, 2005. 

                                   ARTICLE 8
                  OFFICE OF MENTAL HEALTH PRACTICES COMMITTEE
           Section 1.  Minnesota Statutes 2004, section 148B.60, is 
        amended to read: 
           148B.60 [DEFINITIONS.] 
           Subdivision 1.  [TERMS.] As used in sections 148B.60 to 
        148B.71, the following terms have the meanings given them in 
        this section. 
           Subd. 2.  [OFFICE OF MENTAL HEALTH PRACTICE OR OFFICE.] 
        "Office of Mental Health Practice" or "office" means the Office 
        of Mental Health Practice established authorized in section 
        148B.61. 
           Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
        PRACTITIONER.] "Unlicensed mental health practitioner" or 
        "practitioner" means a person who provides or purports to 
        provide, for remuneration, mental health services as defined in 
        subdivision 4.  It does not include persons licensed by the 
        Board of Medical Practice under chapter 147 or registered by the 
        Board of Medical Practice under chapter 147A; the Board of 
        Nursing under sections 148.171 to 148.285; the Board of 
        Psychology under sections 148.88 to 148.98; the Board of Social 
        Work under sections 148B.18 to 148B.289; the Board of Marriage 
        and Family Therapy under sections 148B.29 to 148B.39; the Board 
        of Behavioral Health and Therapy under sections 148B.50 to 
        148B.593 and chapter 148C; or another licensing board if the 
        person is practicing within the scope of the license; members of 
        the clergy who are providing pastoral services in the context of 
        performing and fulfilling the salaried duties and obligations 
        required of a member of the clergy by a religious congregation; 
        American Indian medicine men and women; licensed attorneys; 
        probation officers; school counselors employed by a school 
        district while acting within the scope of employment as school 
        counselors; registered licensed occupational therapists; 
        or licensed occupational therapy assistants.  For the purposes 
        of complaint investigation or disciplinary action relating to an 
        individual practitioner, the term includes: 
           (1) persons employed by a program licensed by the 
        commissioner of human services who are acting as mental health 
        practitioners within the scope of their employment; 
           (2) persons employed by a program licensed by the 
        commissioner of human services who are providing chemical 
        dependency counseling services; persons who are providing 
        chemical dependency counseling services in private practice; and 
           (3) clergy who are providing mental health services that 
        are equivalent to those defined in subdivision 4. 
           Subd. 4.  [MENTAL HEALTH SERVICES.] "Mental health 
        services" means psychotherapy, behavioral health care, spiritual 
        counseling, hypnosis when not for entertainment, and the 
        professional assessment, treatment, or counseling of another 
        person for a cognitive, behavioral, emotional, social, or mental 
        condition, symptom, or dysfunction, including intrapersonal or 
        interpersonal dysfunctions.  The term does not include pastoral 
        services provided by members of the clergy to members of a 
        religious congregation in the context of performing and 
        fulfilling the salaried duties and obligations required of a 
        member of the clergy by that religious congregation or services 
        provided by Christian Scientist practitioners. 
           Subd. 5.  [MENTAL HEALTH CLIENT OR CLIENT.] "Mental health 
        client" or "client" means a person who receives or pays for the 
        services of a mental health practitioner.  
           Subd. 5a.  [MENTAL-HEALTH-RELATED LICENSING 
        BOARDS.] "Mental-health-related licensing boards" means the 
        Boards of Medical Practice, Nursing, Psychology, Social Work, 
        Marriage and Family Therapy, and Behavioral Health and Therapy. 
           Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of health or the commissioner's designee. 
           Subd. 7a.  [COMMITTEE.] "Committee" means the Office of 
        Mental Health Practices Committee, consisting of one person 
        appointed by each of the following licensing boards:  the Board 
        of Medical Practice; the Board of Nursing; the Board of 
        Psychology; the Board of Social Work; the Board of Marriage and 
        Family Therapy; and the Board of Behavioral Health and Therapy. 
           Subd. 8.  [DISCIPLINARY ACTION.] "Disciplinary action" 
        means an adverse action taken by the commissioner against an 
        unlicensed mental health practitioner relating to the person's 
        right to provide mental health services. 
           Sec. 2.  Minnesota Statutes 2004, section 148B.61, is 
        amended to read: 
           148B.61 [OFFICE OF MENTAL HEALTH PRACTICE.] 
           Subdivision 1.  [CREATION AUTHORITY.] (a) The Office of 
        Mental Health Practice is created in the Department of Health 
        transferred to the mental-health-related licensing boards.  The 
        mental-health-related licensing boards shall convene an Office 
        of Mental Health Practices Committee to investigate complaints 
        and take and enforce disciplinary actions against all unlicensed 
        mental health practitioners for violations of prohibited 
        conduct, as defined in section 148B.68.  
           (b) The office committee shall publish a complaint 
        telephone number, provide an informational Web site, and also 
        serve as a referral point and clearinghouse on complaints 
        against mental health services and both licensed and unlicensed 
        mental health professionals, through the dissemination 
        of practitioners.  The committee shall disseminate objective 
        information to consumers and through the development and 
        performance of public education activities, including outreach, 
        regarding the provision of mental health services and both 
        licensed and unlicensed mental health professionals who provide 
        these services. 
           Subd. 2.  [RULEMAKING.] The commissioner of health shall 
        adopt rules necessary to implement, administer, or enforce 
        provisions of sections 148B.60 to 148B.71 pursuant to chapter 
        14.  The commissioner may not adopt rules that restrict or 
        prohibit persons from providing mental health services on the 
        basis of education, training, experience, or supervision.  
           Subd. 4.  [MANAGEMENT, REPORT, AND SUNSET OF THE 
        OFFICE.] (a) The committee shall: 
           (1) designate one board to provide administrative 
        management of the committee; 
           (2) set the program budget; and 
           (3) ensure that the committee's direction is in accord with 
        its authority. 
           (b) If the participating boards change which board is 
        designated to provide administrative management of the 
        committee, any appropriation remaining for the committee shall 
        transfer to the newly designated board on the effective date of 
        the change.  The participating boards must inform the 
        appropriate legislative committees and the commissioner of 
        finance of any change in the designated board and the amount of 
        any appropriation transferred under this provision. 
           (c) The designated board shall hire the office employees 
        and pay expenses of the committee from funds appropriated for 
        that purpose. 
           (d) After July 1, 2008, the committee shall prepare and 
        submit a report to the legislature by January 15, 2009, 
        evaluating the activity of the office and making recommendations 
        concerning the regulation of unlicensed mental health 
        practitioners.  In the absence of legislative action to continue 
        the committee, the committee expires on June 30, 2009. 
           Sec. 3.  Laws 2003, chapter 118, section 29, as amended by 
        Laws 2004, chapter 279, article 5, section 10, is amended to 
        read: 
           Sec. 29.  [REPEALER.] 
           (a) Minnesota Statutes 2002, sections 148B.60; 148B.61; 
        148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69; 
        148B.70; and 148B.71, are repealed.  
           [EFFECTIVE DATE.] This paragraph is effective July 1, 
        2005 2009.  
           (b) Minnesota Statutes 2002, section 148C.01, subdivision 
        6, is repealed. 
           [EFFECTIVE DATE.] This paragraph is effective July 1, 2005. 
           Sec. 4.  [REVISOR INSTRUCTION.] 
           The revisor of statutes shall insert "committee" or 
        "committee's" wherever "commissioner of health" or 
        "commissioner's" appears in Minnesota Statutes, sections 148B.60 
        to 148B.71. 
           Sec. 5.  [EFFECTIVE DATE.] 
           This article is effective July 1, 2005. 

                                   ARTICLE 9
                                 MISCELLANEOUS
           Section 1.  Minnesota Statutes 2004, section 148.5194, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [PENALTY FEES.] (a) The penalty fee for 
        practicing speech language pathology or audiology without a 
        current license after the credential has expired and before it 
        is renewed is the amount of the license renewal fee for any part 
        of the first month, plus the license renewal fee for any part of 
        any subsequent month up to 36 months. 
           (b) The penalty fee for applicants who engage in the 
        unauthorized practice of speech language pathology or audiology 
        before being issued a license is the amount of the license 
        application fee for any part of the first month, plus the 
        license application fee for any part of any subsequent month up 
        to 36 months.  This paragraph does not apply to applicants not 
        qualifying for a license who engage in the unauthorized practice 
        of speech language pathology or audiology. 
           (c) The penalty fee for failing to submit a continuing 
        education report by the due date with the correct number or type 
        of hours in the correct time period is $100 plus $20 for each 
        missing clock hour.  The licensee must obtain the missing number 
        of continuing education hours by the next reporting due date. 
           (d) Civil penalties and discipline incurred by licensees 
        prior to August 1, 2005, for conduct described in paragraph (a), 
        (b), or (c) shall be recorded as nondisciplinary penalty fees.  
        For conduct described in paragraph (a) or (b) occurring after 
        August 1, 2005, and exceeding six months, payment of a penalty 
        fee does not preclude any disciplinary action reasonably 
        justified by the individual case. 
           Sec. 2.  Minnesota Statutes 2004, section 148.6445, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [PENALTY FEES.] (a) The penalty fee for 
        practicing occupational therapy without a current license after 
        the credential has expired and before it is renewed is the 
        amount of the license renewal fee for any part of the first 
        month, plus the license renewal fee for any part of any 
        subsequent month up to 36 months. 
           (b) The penalty fee for applicants who engage in the 
        unauthorized practice of occupational therapy before being 
        issued a license is the amount of the license application fee 
        for any part of the first month, plus the license application 
        fee for any part of any subsequent month up to 36 months.  This 
        paragraph does not apply to applicants not qualifying for a 
        license who engage in the unauthorized practice of occupational 
        therapy. 
           (c) The penalty fee for failing to submit a continuing 
        education report by the due date with the correct number or type 
        of hours in the correct time period is $100 plus $20 for each 
        missing clock hour.  The licensee must obtain the missing number 
        of continuing education hours by the next reporting due date. 
           (d) Civil penalties and discipline incurred by licensees 
        prior to August 1, 2005, for conduct described in paragraph (a), 
        (b), or (c) shall be recorded as nondisciplinary penalty fees.  
        For conduct described in paragraph (a) or (b) occurring after 
        August 1, 2005, and exceeding six months, payment of a penalty 
        fee does not preclude any disciplinary action reasonably 
        justified by the individual case. 
           Sec. 3.  Minnesota Statutes 2004, section 148C.12, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [PENALTY FEES.] (a) The penalty fee for 
        practicing alcohol and drug counseling without a current license 
        after the credential has expired and before it is renewed is the 
        amount of the license renewal fee for any part of the first 
        month, plus the license renewal fee for any part of any 
        subsequent month up to 36 months. 
           (b) The penalty fee for applicants who engage in the 
        unauthorized practice of alcohol and drug counseling before 
        being issued a license is the amount of the license application 
        fee for any part of the first month, plus the license 
        application fee for any part of any subsequent month up to 36 
        months.  This paragraph does not apply to applicants not 
        qualifying for a license who engage in the unauthorized practice 
        of alcohol and drug counseling. 
           (c) The penalty fee for failing to submit a continuing 
        education report by the due date with the correct number or type 
        of hours in the correct time period is $100 plus $20 for each 
        missing clock hour.  The licensee must obtain the correct number 
        of continuing education hours by the next reporting due date. 
           (d) Civil penalties and discipline incurred by licensees 
        prior to August 1, 2005, for conduct described in paragraph (a), 
        (b), or (c) shall be recorded as nondisciplinary penalty fees.  
        For conduct described in paragraph (a) or (b) occurring after 
        August 1, 2005, and exceeding 12 months, payment of a penalty 
        fee does not preclude any disciplinary action reasonably 
        justified by the individual case. 
           Sec. 4.  [153A.175] [PENALTY FEES.] 
           (a) The penalty fee for holding oneself out as a hearing 
        instrument dispenser without a current certificate after the 
        credential has expired and before it is renewed is one-half the 
        amount of the certificate renewal fee for any part of the first 
        day, plus one-half the certificate renewal fee for any part of 
        any subsequent days up to 30 days. 
           (b) The penalty fee for applicants who hold themselves out 
        as hearing instrument dispensers after expiration of the trainee 
        period and before being issued a certificate is one-half the 
        amount of the certificate application fee for any part of the 
        first day, plus one-half the certificate application fee for any 
        part of any subsequent days up to 30 days.  This paragraph does 
        not apply to applicants not qualifying for a certificate who 
        hold themselves out as hearing instrument dispensers. 
           (c) The penalty fee for failing to submit a continuing 
        education report by the due date with the correct number or type 
        of hours in the correct time period is $200 plus $200 for each 
        missing clock hour.  The certificate holder must obtain the 
        missing number of continuing education hours by the next 
        reporting due date. 
           (d) Civil penalties and discipline incurred by certificate 
        holders prior to August 1, 2005, for conduct described in 
        paragraph (a), (b), or (c) shall be recorded as nondisciplinary 
        penalty fees.  Payment of a penalty fee does not preclude any 
        disciplinary action reasonably justified by the individual case. 
           Sec. 5.  Minnesota Statutes 2004, section 214.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FEE ADJUSTMENT.] Notwithstanding any law 
        to the contrary, the commissioner of health as authorized by 
        section 214.13, all health-related licensing boards and all 
        non-health-related licensing boards shall by rule, with the 
        approval of the commissioner of finance, adjust, as needed, any 
        fee which the commissioner of health or the board is empowered 
        to assess.  As provided in section 16A.1285, the adjustment 
        shall be an amount sufficient so that the total fees collected 
        by each board will as closely as possible equal be based on 
        anticipated expenditures during the fiscal biennium, including 
        expenditures for the programs authorized by sections 214.17 to 
        214.25 and 214.31 to 214.37 214.10, 214.103, 214.11, 214.17 to 
        214.24, 214.28 to 214.37, and 214.40, except that a 
        health-related licensing board may have anticipated expenditures 
        in excess of anticipated revenues in a biennium by using 
        accumulated surplus revenues from fees collected by that board 
        in previous bienniums.  A health-related licensing board shall 
        not spend more money than the amount appropriated by the 
        legislature for a biennium.  For members of an occupation 
        registered after July 1, 1984, by the commissioner of health 
        under the provisions of section 214.13, the fee established must 
        include an amount necessary to recover, over a five-year period, 
        the commissioner's direct expenditures for adoption of the rules 
        providing for registration of members of the occupation.  All 
        fees received shall be deposited in the state treasury.  Fees 
        received by the commissioner of health or health-related 
        licensing boards must be credited to the health occupations 
        licensing account in the state government special revenue fund.  
           Sec. 6.  Minnesota Statutes 2004, section 214.06, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [HEALTH OCCUPATIONS LICENSING ACCOUNT.] Fees 
        received by the commissioner of health or health-related 
        licensing boards must be credited to the health occupations 
        licensing account in the state government special revenue fund.  
        The commissioner of finance shall ensure that the revenues and 
        expenditures of each health-related licensing board are tracked 
        separately in the health occupations licensing account. 
           Sec. 7.  [APPROPRIATION.] 
           $50,000 is appropriated for fiscal year 2006 from the state 
        government special revenue fund to the administrative services 
        unit of the Board of Nursing Home Administrators to pay for 
        medical professional liability insurance coverage under 
        Minnesota Statutes, section 214.40, subdivision 7.  The Board of 
        Medical Practice, the Board of Nursing, and the Board of 
        Dentistry shall be assessed an apportioned amount that is equal 
        to the amount expended on coverage purchased for the providers 
        regulated by the respective board.  This appropriation is 
        available until expended. 

                                   ARTICLE 10
                  EMERGENCY MEDICAL SERVICES REGULATORY BOARD
           Section 1.  Minnesota Statutes 2004, section 144E.001, 
        subdivision 8, is amended to read: 
           Subd. 8.  [LICENSEE.] "Licensee" means a natural person, 
        partnership, association, corporation, Indian tribe, or unit of 
        government which possesses an ambulance service license.  
           Sec. 2.  Minnesota Statutes 2004, section 144E.001, is 
        amended by adding a subdivision to read: 
           Subd. 14a.  [TRIBE.] "Tribe" means a federally recognized 
        Indian tribe, as defined in United States Code, title 25, 
        section 450b, paragraph (e), located within the state of 
        Minnesota. 
           Sec. 3.  Minnesota Statutes 2004, section 144E.001, 
        subdivision 15, is amended to read: 
           Subd. 15.  [VOLUNTEER AMBULANCE ATTENDANT.] "Volunteer 
        ambulance attendant" means a person who provides emergency 
        medical services for a Minnesota licensed ambulance service 
        without the expectation of remuneration and who does not depend 
        in any way upon the provision of these services for the person's 
        livelihood.  An individual may be considered a volunteer 
        ambulance attendant even though the individual receives an 
        hourly stipend for each hour of actual service provided, except 
        for hours on standby alert, or other nominal fee, and even 
        though the hourly stipend or other nominal fee is regarded as 
        taxable income for purposes of state or federal law, provided 
        that the hourly stipend and other nominal fees do not exceed 
        $3,000 within one year of the final certification 
        examination $6,000 annually. 
           Sec. 4.  [144E.266] [EMERGENCY SUSPENSION OF AMBULANCE 
        SERVICE REQUIREMENT.] 
           (a) The requirements of sections 144E.10; 144E.101, 
        subdivisions 1, 2, 3, 6, 7, 8, 9, 10, 11, and 13; 144E.103; 
        144E.12; 144E.121; 144E.123; 144E.127; and 144E.15, are 
        suspended: 
           (1) throughout the state during a national security 
        emergency declared under section 12.31; 
           (2) in the geographic areas of the state affected during a 
        peacetime emergency declared under section 12.31; and 
           (3) in the geographic areas of the state affected during a 
        local emergency declared under section 12.29. 
           (b) For purposes of this section, the geographic areas of 
        the state affected shall include geographic areas where one or 
        more ambulance services are providing requested mutual aid to 
        the site of the emergency. 
           Sec. 5.  Minnesota Statutes 2004, section 144E.27, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REGISTRATION.] To be eligible for registration 
        with the board as a first responder, an individual 
        shall complete a board-approved application form and: 
           (1) successfully complete a board-approved initial first 
        responder training program.  Registration under this clause is 
        valid for two years and expires at the end of the month in which 
        the registration was issued; or 
           (2) be credentialed as a first responder by the National 
        Registry of Emergency Medical Technicians.  Registration under 
        this clause expires the same day as the National Registry 
        credential. 
           Sec. 6.  Minnesota Statutes 2004, section 144E.28, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENTS.] To be eligible for 
        certification by the board as an EMT, EMT-I, or EMT-P, an 
        individual shall: 
           (1) successfully complete the United States Department of 
        Transportation course, or its equivalent as approved by the 
        board, specific to the EMT, EMT-I, or EMT-P classification; and 
           (2) pass the written and practical examinations approved by 
        the board and administered by the board or its designee, 
        specific to the EMT, EMT-I, or EMT-P classification; and 
           (3) complete a board-approved application form. 
           Sec. 7.  Minnesota Statutes 2004, section 144E.28, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RECIPROCITY.] The board may certify an 
        individual who possesses a current National Registry of 
        Emergency Medical Technicians registration from another 
        jurisdiction if the individual submits a board-approved 
        application form.  The board certification classification shall 
        be the same as the National Registry's classification.  
        Certification shall be for the duration of the applicant's 
        registration period in another jurisdiction, not to exceed two 
        years. 
           Sec. 8.  Minnesota Statutes 2004, section 144E.28, 
        subdivision 7, is amended to read: 
           Subd. 7.  [RENEWAL.] (a) Before the expiration date of 
        certification, an applicant for renewal of certification as an 
        EMT shall:  
           (1) successfully complete a course in cardiopulmonary 
        resuscitation that is approved by the board or the licensee's 
        medical director; and 
           (2) take the United States Department of Transportation EMT 
        refresher course and successfully pass the practical skills test 
        portion of the course, or successfully complete 48 hours of 
        continuing education in EMT programs that are consistent with 
        the United States Department of Transportation National Standard 
        Curriculum or its equivalent as approved by the board or as 
        approved by the licensee's medical director and pass a practical 
        skills test approved by the board and administered by a training 
        program approved by the board.  The cardiopulmonary 
        resuscitation course and practical skills test may be included 
        as part of the refresher course or continuing education renewal 
        requirements.  Twenty-four of the 48 hours must include at least 
        four hours of instruction in each of the following six 
        categories: 
           (i) airway management and resuscitation procedures; 
           (ii) circulation, bleeding control, and shock; 
           (iii) human anatomy and physiology, patient assessment, and 
        medical emergencies; 
           (iv) injuries involving musculoskeletal, nervous, 
        digestive, and genito-urinary systems; 
           (v) environmental emergencies and rescue techniques; and 
           (vi) emergency childbirth and other special situations; and 
           (3) complete a board-approved application form. 
           (b) Before the expiration date of certification, an 
        applicant for renewal of certification as an EMT-I or EMT-P 
        shall:  
           (1) for an EMT-I, successfully complete a course in 
        cardiopulmonary resuscitation that is approved by the board or 
        the licensee's medical director and for an EMT-P, successfully 
        complete a course in advanced cardiac life support that is 
        approved by the board or the licensee's medical director; and 
           (2) successfully complete 48 hours of continuing education 
        in emergency medical training programs, appropriate to the level 
        of the applicant's EMT-I or EMT-P certification, that are 
        consistent with the United States Department of Transportation 
        National Standard Curriculum or its equivalent as approved by 
        the board or as approved by the licensee's medical director.  An 
        applicant may take the United States Department of 
        Transportation Emergency Medical Technician refresher course or 
        its equivalent without the written or practical test as approved 
        by the board, and as appropriate to the applicant's level of 
        certification, as part of the 48 hours of continuing education.  
        Each hour of the refresher course, the cardiopulmonary 
        resuscitation course, and the advanced cardiac life support 
        course counts toward the 48-hour continuing education 
        requirement; and 
           (3) complete a board-approved application form. 
           (c) Certification shall be renewed every two years. 
           (d) If the applicant does not meet the renewal requirements 
        under this subdivision, the applicant's certification expires. 
           Sec. 9.  Minnesota Statutes 2004, section 144E.28, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REINSTATEMENT.] (a) Within four years of a 
        certification expiration date, a person whose certification has 
        expired under subdivision 7, paragraph (d), may have the 
        certification reinstated upon submission of: 
           (1) evidence to the board of training equivalent to the 
        continuing education requirements of subdivision 7; and 
           (2) a board-approved application form. 
           (b) If more than four years have passed since a certificate 
        expiration date, an applicant must complete the initial 
        certification process required under subdivision 1. 

                                   ARTICLE 11 
                    GENERAL HEALTH CARE PROVIDER PROVISIONS 
           Section 1.  Minnesota Statutes 2004, section 45.0135, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [INVESTIGATIONS; HEALTH-RELATED BOARDS.] (a) The 
        Division of Insurance Fraud Prevention may consult with the 
        appropriate health-related board when a licensee, licensed under 
        chapter 144E, 147, 148, 148B, or 150A, is suspected of insurance 
        fraud. 
           (b) The division shall, for any conviction involving or 
        related to insurance, send copies of all public data in its 
        possession to the appropriate health-related licensing board. 
           Sec. 2.  [62J.052] [PROVIDER COST DISCLOSURE.] 
           (a) Each health care provider, as defined by section 
        62J.03, subdivision 8, except hospitals and outpatient surgical 
        centers, shall provide the following information: 
           (1) the average allowable payment from private third-party 
        payers for the 20 services or procedures most commonly 
        performed; 
           (2) the average payment rates for those services and 
        procedures for medical assistance; 
           (3) the average charge for those services and procedures 
        for individuals who have no applicable private or public 
        coverage; and 
           (4) the average charge for those services and procedures, 
        including all patients. 
           (b) This information shall be updated annually and be 
        readily available at no cost to the public on site. 
           Sec. 3.  [62Q.251] [DISCOUNTED PAYMENTS.] 
           (a) Notwithstanding any other provision of law, a health 
        care provider may provide care to a patient at a discounted 
        payment amount, provided that the discount does not reduce the 
        payment below the Medicare-approved payment level.  
           (b) A health plan company or other insurer must not 
        consider, in determining a provider's usual and customary 
        payment, standard payment, or allowable payment used as a basis 
        for determining the provider's payment by the health plan 
        company or other insurer, the following discounted payment 
        situations: 
           (1) care provided to relatives of the provider; and 
           (2) care for which a discount is given in exchange for cash 
        payment. 
           (c) This section does not disallow charity care for 
        hardship situations in which the care is provided for free. 
           (d) A provider may not charge an uninsured person more than 
        the provider charges a health plan company or other insurer. 
           Sec. 4.  [214.071] [HEALTH BOARDS; DIRECTORY OF LICENSEES.] 
           Each health board under chapters 147, 148, 148B, and 150A, 
        shall establish a directory of licensees that includes 
        biographical data for each licensee. 
           Sec. 5.  [214.106] [HEALTH-RELATED BOARDS; RESPONSE TO 
        INSURANCE FRAUD.] 
           A health-related board may revoke, suspend, condition, 
        limit, restrict, or qualify a license to practice when clear and 
        convincing evidence indicates the licensee has committed 
        insurance fraud or subsequent to a conviction relating to fraud. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 3, 2005, 4:50 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569