2004 Minnesota Statutes

     148B.21 Requirements for licensure. 

    Subdivision 1.    Categories of licensees.  The board 
 shall issue licenses for the following four groups of 
 individuals qualified under this section to practice social work:

    (1) social workers; 

    (2) graduate social workers; 

    (3) independent social workers; and 

    (4) independent clinical social workers. 

    Subd. 2.    Fee.  Each applicant shall pay a 
 nonrefundable fee set by the board.  Fees paid to the board 
 shall be deposited in the state government special revenue fund. 

    Subd. 3.    Social worker.  (a) Except as provided in 
 paragraph (b), to be licensed as a social worker, an applicant 
 must provide evidence satisfactory to the board that the 
 applicant: 

    (1) has received a baccalaureate degree from an accredited 
 program of social work; 

    (2) has passed the examination provided for in section 
 148B.20, subdivision 1; 

    (3) will engage in social work practice only under 
 supervision as defined in section 148B.18, subdivision 12, for 
 at least two years in full-time employment or 4,000 hours of 
 part-time employment; 

    (4) will conduct all professional activities as a social 
 worker in accordance with standards for professional conduct 
 established by the statutes and rules of the board; and 

    (5) has not engaged in conduct warranting a disciplinary 
 action against a licensee.  If the applicant has engaged in 
 conduct warranting disciplinary action against a licensee, the 
 board may issue a license only on the applicant's showing that 
 the public will be protected through the issuance of a license 
 with conditions or limitations approved by the board. 

    (b) 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 satisfactory to the board of 
 compliance with the requirements in paragraph (a), clauses (1), 
 (3), (4), and (5); 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, 2005.  

    Subd. 4.    Graduate social worker.  (a) Except as 
 provided in paragraph (b), to be licensed as a graduate social 
 worker, an applicant must provide evidence satisfactory to the 
 board that the applicant: 

    (1) has received a master's degree from an accredited 
 program of social work or doctoral degree in social work; 

    (2) has passed the examination provided for in section 
 148B.20, subdivision 1; 

    (3) will engage in social work practice only under 
 supervision as defined in section 148B.18, subdivision 12; 

    (4) will conduct all professional activities as a graduate 
 social worker in accordance with standards for professional 
 conduct established by the statutes and rules of the board; and 

    (5) has not engaged in conduct warranting a disciplinary 
 action against a licensee.  If the applicant has engaged in 
 conduct warranting disciplinary action against a licensee, the 
 board may issue a license only on the applicant's showing that 
 the public will be protected through the issuance of a license 
 with conditions or limitations approved by the board. 

    (b) 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 graduate social worker if the applicant: 

    (1) provides evidence satisfactory to the board of 
 compliance with the requirements in paragraph (a), clauses (1), 
 (3), (4), and (5); 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, 2005.  

    Subd. 5.    Independent social worker.  (a) Except as 
 provided in paragraph (b), to be licensed as an independent 
 social worker, an applicant must provide evidence satisfactory 
 to the board that the applicant: 

    (1) has received a master's degree from an accredited 
 program of social work or doctoral degree in social work; 

    (2) has passed the examination provided for in section 
 148B.20, subdivision 1; 

    (3) has practiced social work for at least two years in 
 full-time employment or 4,000 hours of part-time employment 
 under supervision as defined in section 148B.18, subdivision 12, 
 after receiving the master's or doctoral degree in social work; 

    (4) will conduct all professional activities as an 
 independent social worker in accordance with standards for 
 professional conduct established by the statutes and rules of 
 the board; and 

    (5) has not engaged in conduct warranting a disciplinary 
 action against a licensee.  If the applicant has engaged in 
 conduct warranting disciplinary action against a licensee, the 
 board may issue a license only on the applicant's showing that 
 the public will be protected through the issuance of a license 
 with conditions or limitations approved by the board. 

    (b) 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 
 an independent social worker if the applicant: 

    (1) provides evidence satisfactory to the board of 
 compliance with the requirements in paragraph (a), clauses (1), 
 (3), (4), and (5); 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, 2005. 

    Subd. 6.    Independent clinical social worker.  (a) 
 Except as provided in paragraph (b), to be licensed as an 
 independent clinical social worker, an applicant must provide 
 evidence satisfactory to the board that the applicant: 

    (1) has received a master's degree from an accredited 
 program of social work, or doctoral degree in social work, that 
 included an advanced concentration of clinically oriented course 
 work as defined by the board and a supervised clinical field 
 placement at the graduate level, or post-master's clinical 
 training that is found by the board to be equivalent to that 
 course work and field placement; 

    (2) has practiced clinical social work for at least two 
 years in full-time employment or 4,000 hours of part-time 
 employment under supervision as defined in section 148B.18, 
 subdivision 12, after receiving the master's or doctoral degree 
 in social work; 

    (3) has passed the examination provided for in section 
 148B.20, subdivision 1; 

    (4) will conduct all professional activities as an 
 independent clinical social worker in accordance with standards 
 for professional conduct established by the statutes and rules 
 of the board; and 

    (5) has not engaged in conduct warranting a disciplinary 
 action against a licensee.  If the applicant has engaged in 
 conduct warranting disciplinary action against a licensee, the 
 board may issue a license only on the applicant's showing that 
 the public will be protected through the issuance of a license 
 with conditions or limitations approved by the board. 

    (b) 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 
 an independent clinical social worker if the applicant: 

    (1) provides evidence satisfactory to the board of 
 compliance with the requirements in paragraph (a), clauses (1), 
 (2), (4), and (5); 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, 2005.  

    Subd. 6a.    Background checks.  The board shall request 
 a criminal history background check from the superintendent of 
 the Bureau of Criminal Apprehension on all applicants for 
 initial licensure.  An application for a license under this 
 section must be accompanied by an executed criminal history 
 consent form and the fee for conducting the criminal history 
 background check.  The board shall deposit all fees paid by 
 applicants for criminal history background checks under this 
 subdivision into the miscellaneous special revenue fund.  The 
 fees collected under this subdivision are appropriated to the 
 board for the purpose of reimbursing the Bureau of Criminal 
 Apprehension for the cost of the background checks upon their 
 completion. 

    Subd. 7.    Temporary license.  (a) The board may issue 
 a temporary license to practice social work to an applicant who 
 is either: 

    (1) not licensed in any jurisdiction but has: 

    (i) applied for a license under section 148B.24; 

    (ii) applied for a temporary license on a form provided by 
 the board; 

    (iii) submitted a form provided by the board authorizing 
 the board to complete a criminal background check with the 
 Minnesota Bureau of Criminal Apprehension; 

    (iv) passed the applicable licensure examination provided 
 for in section 148B.20, subdivision 1, paragraph (c); and 

    (v) attested on a form provided by the board that the 
 applicant has completed the requirements for a baccalaureate or 
 master's degree from a social work program accredited by the 
 Council on Social Work Education or the requirements for a 
 doctoral degree in social work; or 

    (2) licensed in another jurisdiction, may or may not have 
 applied for a license under section 148B.20, and has: 

    (i) applied for a temporary license on a form provided by 
 the board; 

    (ii) submitted a form provided by the board authorizing the 
 board to complete a criminal background check with the Minnesota 
 Bureau of Criminal Apprehension; 

    (iii) submitted evidence satisfactory to the board that the 
 applicant is currently licensed or credentialed to practice 
 social work in another jurisdiction; and 

    (iv) attested on a form provided by the board that the 
 applicant has completed the requirements for a baccalaureate or 
 master's degree from a social work program accredited by the 
 Council on Social Work Education or the requirements for a 
 doctoral degree in social work. 

    (b) An applicant for a temporary license must not practice 
 social work in Minnesota until the applicant has been granted a 
 temporary license.  An applicant who is practicing social work 
 at the time of application is ineligible for a temporary license.

    (c) An applicant for a temporary license must pay the 
 nonrefundable application fee described in section 148B.226 plus 
 the required fee for the cost of the criminal background check.  
 Only one fee for the cost of the criminal background check must 
 be submitted when the applicant is applying for both a temporary 
 license and a license under section 148B.20. 

    (d) An applicant who is not licensed in another 
 jurisdiction and who obtains a temporary license may practice 
 social work only under the supervision of a licensed social 
 worker who is eligible to provide supervision under section 
 148B.18, subdivision 12.  The applicant's supervisor must 
 provide evidence to the board, before the applicant is approved 
 by the board for licensure, that the applicant has practiced 
 social work under supervision.  This supervision applies toward 
 the supervision requirement required after licensure. 

    (e) A temporary licensee who has provided evidence to the 
 board that the licensee has completed the requirements for a 
 baccalaureate degree in social work from a social work program 
 accredited by the Council on Social Work Education may 
 temporarily engage in the social work practice described in 
 section 148B.18, subdivision 11, paragraph (b), but may not 
 engage in the social work practice described in section 148B.18, 
 subdivision 11, paragraph (c). 

    (f) A temporary licensee who has provided evidence to the 
 board that the licensee has completed the requirements for a 
 master's degree in social work from a social work program 
 accredited by the Council on Social Work Education, or the 
 requirements for a doctoral degree in social work, may 
 temporarily engage in the social work practice described in 
 section 148B.18, subdivision 11, paragraphs (b) and (c). 

    (g) A temporary licensee shall conduct all professional 
 activities as a social worker in accordance with the 
 requirements established by the statutes and rules of the board. 

    (h) A temporary licensee must use the title "Social Worker -
 Temporary Licensee" in all professional use of the temporary 
 licensee's name. 

    (i) The board may immediately revoke the temporary license 
 of any temporary licensee who violates any requirements of this 
 subdivision.  A temporary licensee whose temporary license is 
 revoked shall immediately return the temporary license to the 
 board. 

    (j) A temporary license is valid for six months, or until 
 the board issues or denies a license, or until the board revokes 
 the temporary license, whichever comes first, and is 
 nonrenewable.  An individual holding a temporary license may not 
 practice social work for more than six months without a license 
 under section 148B.24. 

    Subd. 8.    Change of licensure level.  An applicant who 
 applies under this section for licensure as a licensed 
 independent social worker or a licensed independent clinical 
 social worker, and who is licensed at the time of application as 
 a licensed graduate social worker, or a licensed independent 
 social worker, is not required to meet the educational 
 requirement of this section.  The applicant must meet all other 
 requirements for licensure at the new level of licensure. 

    Subd. 9.    Supervision requirement.  If supervised 
 social work practice is required for licensure under this 
 section, and if the applicant has not engaged in the practice of 
 social work during the five years preceding the applicant's 
 application for licensure, then the board may grant a 
 conditional license to the applicant that would require that the 
 applicant obtain additional social work supervision or 
 additional continuing education hours, or both, within a 
 specified time period after licensure.  The board shall 
 establish rules to implement this section. 

    HIST: 1987 c 347 art 2 s 4; 1992 c 460 s 13-15; 1992 c 603 s 
 5; 1993 c 240 s 8-12; 1997 c 193 s 23-28; 1998 c 254 art 1 s 
 50,51; 2001 c 90 s 1-5; 1Sp2001 c 9 art 13 s 4; 2002 c 379 art 1 
 s 113; 2003 c 111 s 5