2003 Minnesota Statutes

     148B.26 Denial, suspension, or revocation of license. 

    Subdivision 1.    Grounds.  The following conduct is 
 grounds for the board to deny the application for or the renewal 
 of a temporary license, to take disciplinary or other action 
 against a license as provided for in section 148B.281, or to 
 take corrective action against a licensee as provided for in 
 chapter 214: 

    (1) engaging in any conduct which violates any statute or 
 rule enforced by the board, or any other law that is related to 
 the practice of social work; 

    (2) violating any order issued by the board; 

    (3) practicing outside the scope of practice authorized by 
 this chapter for each level of licensure; 

    (4) failing to demonstrate the qualifications or satisfy 
 the requirements for licensure, with the burden of proof on the 
 applicant to demonstrate the qualifications or the satisfaction 
 of the requirements; 

    (5) obtaining a temporary license or license renewal by 
 fraud, bribery, or cheating, or attempting to subvert the 
 examination process; 

    (6) making a false statement or misrepresentation to the 
 board; 

    (7) having been the subject of revocation, suspension, or 
 surrender of a social work or related license or of other 
 adverse action related to a social work or related license in 
 another jurisdiction or country; 

    (8) failing to report the revocation, suspension, or 
 surrender of a social work or related license or other adverse 
 action related to a social work or related license in another 
 jurisdiction or country, failing to report that a complaint or 
 other charges regarding the person's license have been brought 
 in this or another jurisdiction or country, or having been 
 refused a license by any other jurisdiction or country; 

    (9) engaging in unprofessional conduct or any other conduct 
 which has the potential for causing harm to the public, 
 including any departure from or failure to conform to the 
 minimum standards of acceptable and prevailing practice without 
 actual injury having to be established; 

    (10) engaging in unethical conduct or conduct likely to 
 deceive, defraud, or harm the public, demonstrating a willful or 
 careless disregard for the health, welfare, or safety of a 
 client, or engaging in a practice which is professionally 
 incompetent with proof of actual injury not having to be 
 established; 

    (11) being adjudicated by a court of competent 
 jurisdiction, within or without this state, as incapacitated, 
 mentally incompetent or mentally ill, chemically dependent, 
 mentally ill and dangerous to the public, or a psychopathic 
 personality; 

    (12) being unable to practice with reasonable skill and 
 safety by reason of illness, use of alcohol, drugs, chemicals or 
 any other materials, or as a result of any mental or physical 
 condition; 

    (13) engaging in improper or fraudulent billing practices, 
 including violations of the federal Medicare and Medicaid laws 
 or state medical assistance laws; 

    (14) obtaining money, property, or services from a client 
 through the use of undue influence, harassment, duress, 
 deception, or fraud or through the improper use of a 
 professional position; 

    (15) engaging in sexual contact, as defined in section 
 148A.01, with a client or conduct that is or may reasonably be 
 interpreted by the client as sexual, engaging in verbal behavior 
 that is or may reasonably be interpreted as sexually seductive 
 or sexually demeaning to a client, or engaging in conduct that 
 violates section 617.23; 

    (16) being convicted, including a finding or verdict of 
 guilt, whether or not the adjudication of guilt is withheld or 
 not entered, an admission of guilt, or a no contest plea, of a 
 crime against a minor; 

    (17) being convicted, including a finding or verdict of 
 guilt, whether or not the adjudication of guilt is withheld or 
 not entered, an admission of guilt, or a no contest plea of a 
 felony, gross misdemeanor, or misdemeanor reasonably related to 
 the practice of social work, as evidenced by a certified copy of 
 the conviction; 

    (18) engaging in an unfair discriminatory practice 
 prohibited by chapter 363A of an employee of the applicant, 
 licensee, or facility in which the applicant or licensee 
 practices; 

    (19) engaging in false, fraudulent, deceptive, or 
 misleading advertising; or 

    (20) revealing a privileged communication from or relating 
 to a client except when otherwise required or permitted by law. 

    Subd. 2.    Restoring a license.  For reasons it finds 
 sufficient, the board may grant a license previously refused, 
 restore a license that has been revoked, or reduce a period of 
 suspension or restriction of a license.  

    Subd. 3.    Review.  Suspension, revocation, or 
 restriction of a license shall be reviewed by the board at the 
 request of the licensee against whom the disciplinary action was 
 taken.  

    Subd. 4.    Conduct before licensure.  The board's 
 jurisdiction to exercise its powers as provided for in 
 subdivision 1 extends to an applicant's or licensee's conduct 
 that occurred prior to licensure, if the conduct fell below 
 minimum standards for the practice of social work at the time 
 the conduct occurred or the conduct continues to affect the 
 applicant's or licensee's present ability to practice social 
 work in conformity with this chapter and the board's rules. 

    HIST: 1987 c 347 art 2 s 9; 1993 c 240 s 13; 1997 c 193 s 
 31,32; 2003 c 111 s 10