2004 Minnesota Statutes

CHAPTER 148B. Social work, marriage and family therapy, mental health

BOARD OF MARRIAGE AND FAMILY THERAPY

     148B.01 Definitions. 

    Subdivision 1.    Terms.  For the purposes of this 
 chapter, the following terms have the meanings given. 

    Subd. 2. Repealed, 1991 c 292 art 2 s 75 

    Subd. 3. Repealed, 1997 c 193 s 48 

    Subd. 4.    Board.  "Board" means the Board of Marriage 
 and Family Therapy established in section 148B.30. 

    Subd. 5. Repealed, 1991 c 292 art 2 s 75 

    Subd. 6. Repealed, 1991 c 292 art 2 s 75 

    Subd. 7.    Licensee.  "Licensee" means a person 
 licensed by the Board of Marriage and Family Therapy. 

    HIST: 1987 c 347 art 1 s 1; 1991 c 292 art 2 s 33; 1997 c 193 
 s 2,3 

  148B.02 Repealed, 1991 c 292 art 2 s 75 

     148B.03 Applicability. 

    Sections 148B.04 to 148B.17 apply to the Board of Marriage 
 and Family Therapy, and the licensees within its jurisdiction, 
 unless superseded by an inconsistent law that relates 
 specifically to it. 

    HIST: 1987 c 347 art 1 s 3; 1991 c 292 art 2 s 34; 1997 c 193 
 s 4 

     148B.04 Disclosure. 

    Subdivision 1. Repealed, 1988 c 689 art 2 s 269 

    Subd. 2.    Contested case proceedings.  Upon 
 application of a party in a contested case proceeding before the 
 board, the board shall produce and permit the inspection and 
 copying, by or on behalf of the moving party, of any designated 
 documents or papers relevant to the proceedings, in accordance 
 with rule 34, Minnesota Rules of Civil Procedure. 

    Subd. 3.    Information on disciplinary actions.  If the 
 board imposes disciplinary measures or takes disciplinary action 
 of any kind, the name and business address of the licensee, the 
 nature of the misconduct, and the action taken by the board, 
 including all settlement agreements and other board orders, are 
 public data. 

    Subd. 4.    Exchange of information.  The board shall 
 exchange information with other boards, agencies, or departments 
 within the state, as required under section 214.10, subdivision 
 8, paragraph (c). 

    Subd. 5.    Information to the complainant.  The board 
 shall furnish to a person who made a complaint a statement of 
 the result of an investigation of the complaint and a 
 description of the activities and actions of the board relating 
 to the complaint. 

    Subd. 6.    Classification of certain residence addresses 
 and telephone numbers.  Notwithstanding section 13.41, 
 subdivision 2 or 4, the residence address and telephone number 
 of an applicant or licensee are private data on individuals as 
 defined in section 13.02, subdivision 12, if the applicant or 
 licensee so requests and provides an alternative address and 
 telephone number. 

    HIST: 1987 c 347 art 1 s 4; 1991 c 292 art 2 s 35,36; 1992 c 
 460 s 1,2; 1993 c 240 s 2; 1994 c 618 art 1 s 23; 1997 c 193 s 
 5-7; 2000 c 284 s 4 

     148B.05 Right to practice. 

    Subdivision 1.    Disciplinary action by a board.  A 
 suspension, revocation, condition, limitation, qualification, or 
 restriction of an individual's license or right to practice is 
 in effect pending determination of an appeal unless the court, 
 upon petition and for good cause shown, orders otherwise.  

    Subd. 2. Repealed, 1992 c 460 s 20 

    HIST: 1987 c 347 art 1 s 5; 1989 c 209 art 2 s 1; 1991 c 292 
 art 2 s 37; 1992 c 460 s 3 

     148B.06 Tax clearance certificate. 

    Subdivision 1.    Certificate required.  A board may not 
 issue or renew a license if the commissioner of revenue notifies 
 the board and the licensee or applicant for a license that the 
 licensee or applicant owes the state delinquent taxes in the 
 amount of $500 or more.  A board may issue or renew a license or 
 filing only if the commissioner of revenue issues a tax 
 clearance certificate and the commissioner of revenue or the 
 licensee or applicant forwards a copy of the clearance to the 
 board.  The commissioner of revenue may issue a clearance 
 certificate only if the licensee or applicant does not owe the 
 state any uncontested delinquent taxes.  For purposes of this 
 section, "taxes" means all taxes payable to the commissioner of 
 revenue, including penalties and interest due on those taxes.  
 "Delinquent taxes" do not include a tax liability if (i) an 
 administrative or court action that contests the amount or 
 validity of the liability has been filed or served, (ii) the 
 appeal period to contest the tax liability has not expired, or 
 (iii) the licensee or applicant has entered into a payment 
 agreement to pay the liability and is current with the payments. 

    Subd. 2.    Hearing.  In lieu of the notice and hearing 
 requirements of section 148B.175, when a licensee or applicant 
 is required to obtain a clearance certificate under this 
 subdivision, a contested case hearing must be held if the 
 licensee or applicant requests a hearing in writing to the 
 commissioner of revenue within 30 days of the date of the notice 
 required in subdivision 1.  The hearing must be held within 45 
 days of the date the commissioner of revenue refers the case to 
 the Office of Administrative Hearings.  Notwithstanding any 
 other law, the licensee or applicant must be served with 20 
 days' notice in writing specifying the time and place of the 
 hearing and the allegations against the licensee or applicant.  
 The notice may be served personally or by mail. 

    Subd. 3.    Information required.  The board shall 
 require all licensees or applicants to provide their Social 
 Security number and Minnesota business identification number on 
 all license applications.  Upon request of the commissioner of 
 revenue, the board must provide to the commissioner of revenue a 
 list of all licensees and applicants, including the name and 
 address, Social Security number, and business identification 
 number.  The commissioner of revenue may request a list of the 
 licensees and applicants no more than once each calendar year.  

    HIST: 1987 c 347 art 1 s 6; 1989 c 184 art 2 s 5; 1991 c 292 
 art 2 s 38,39,74; 1993 c 13 art 2 s 6; 1997 c 193 s 8 

     148B.07 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of any conduct constituting grounds for 
 disciplinary action relating to licensure or unlicensed practice 
 under this chapter may report the violation to the board.  

    Subd. 2.    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 located in this state shall 
 report to the board any action taken by the agency, institution, 
 or organization or any of its administrators or medical or other 
 committees to revoke, suspend, restrict, or condition a 
 licensee's privilege to practice or treat patients or clients in 
 the institution, or as part of the organization, any denial of 
 privileges, or any other disciplinary action for conduct that 
 might constitute grounds for disciplinary action by the board 
 under this chapter.  The institution or organization shall also 
 report the resignation of any licensees prior to the conclusion 
 of any disciplinary action proceeding for conduct that might 
 constitute grounds for disciplinary action under this chapter, 
 or prior to the commencement of formal charges but after the 
 licensee had knowledge that formal charges were contemplated or 
 in preparation. 

    Subd. 3.    Professional societies or associations.  A 
 state or local professional society or association for licensees 
 shall forward to the board any complaint received concerning the 
 ethics or conduct of the practice which the board regulates.  
 The society or association shall forward a complaint to the 
 board upon receipt of the complaint.  The society or association 
 shall also report to the appropriate board any disciplinary 
 action taken against a member.  

    Subd. 4.    Licensed professionals.  A licensed health 
 professional shall report to the board personal knowledge of any 
 conduct that the licensed health professional reasonably 
 believes constitutes grounds for disciplinary action under this 
 chapter by any licensee, including conduct indicating that the 
 licensee may be medically incompetent, or may be medically or 
 physically unable to engage safely in the provision of 
 services.  If the information was obtained in the course of a 
 client relationship, the client is another licensee, and the 
 treating individual successfully counsels the other individual 
 to limit or withdraw from practice to the extent required by the 
 impairment, the board may deem this limitation of or withdrawal 
 from practice to be sufficient disciplinary action. 

    Subd. 5.    Insurers.  Four times each year as 
 prescribed by the board, each insurer authorized to sell 
 insurance described in section 60A.06, subdivision 1, clause 
 (13), and providing professional liability insurance to 
 licensees, or the Medical Joint Underwriting Association under 
 chapter 62F, shall submit to the board a report concerning the 
 licensees against whom malpractice settlements or awards have 
 been made to the plaintiff.  The report must contain at least 
 the following information:  

    (1) the total number of malpractice settlements or awards 
 made; 

    (2) the date the malpractice settlements or awards were 
 made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made; 

    (4) the dollar amount of each malpractice settlement or 
 award; 

    (5) the regular address of the practice of the licensee 
 against whom an award was made or with whom a settlement was 
 made; and 

    (6) the name of the licensee against whom an award was made 
 or with whom a settlement was made.  

    The insurance company shall, in addition to the above 
 information, report to the board any information it possesses 
 that tends to substantiate a charge that a licensee may have 
 engaged in conduct violating this chapter.  

    Subd. 6.    Courts.  The court administrator of district 
 court or any other court of competent jurisdiction shall report 
 to the board any judgment or other determination of the court 
 that adjudges or includes a finding that a licensee is a person 
 who is mentally ill, mentally incompetent, guilty of a felony, 
 guilty of a violation of federal or state narcotics laws or 
 controlled substances act, or guilty of an abuse or fraud under 
 Medicare or Medicaid; or that appoints a guardian of the 
 licensee pursuant to sections 524.5-101 to 524.5-502 or commits a 
 licensee pursuant to chapter 253B.  

    Subd. 7.    Self-reporting.  A licensee shall report to 
 the board or to the Office of Mental Health Practice any 
 personal action that would require that a report be filed by any 
 person, health care facility, business, or organization pursuant 
 to subdivisions 2 to 6. 

    Subd. 8.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 7 must be submitted not later than 30 days 
 after the occurrence of the reportable event or transaction.  
 The board and the Office of Mental Health Practice may provide 
 forms for the submission of reports required by this section, 
 may require that reports be submitted on the forms provided, and 
 may adopt rules necessary to assure prompt and accurate 
 reporting.  

    Subd. 9.    Subpoenas.  The board and the Office of 
 Mental Health Practice may issue subpoenas for the production of 
 any reports required by subdivisions 2 to 7 or any related 
 documents. 

    HIST: 1987 c 347 art 1 s 7; 1991 c 292 art 2 s 40; 1992 c 460 
 s 4; 1Sp1994 c 1 art 2 s 12; 1997 c 193 s 9; 2002 c 221 s 3; 2004 c 146 
 art 3 s 47 

     148B.08 Immunity. 

    Subdivision 1.    Reporting.  Any person, health care 
 facility, business, or organization is immune from civil 
 liability or criminal prosecution for submitting in good faith a 
 report under section 148B.07 or for otherwise reporting 
 violations or alleged violations of this chapter.  The reports 
 are classified under section 13.41.  

    Subd. 2.    Investigation.  Members of the board and 
 persons employed by the board or engaged in the investigation of 
 violations and in the preparation and management of charges of 
 violations of this chapter on behalf of the board, are immune 
 from civil liability and criminal prosecution for any actions, 
 transactions, or publications in the execution of, or relating 
 to, their duties under this chapter.  

    HIST: 1987 c 347 art 1 s 8; 1991 c 292 art 2 s 41; 1992 c 460 
 s 5; 1993 c 240 s 3; 1997 c 193 s 10 

     148B.09 Professional cooperation. 

    A licensee who is the subject of an investigation by or on 
 behalf of a board shall cooperate fully with the investigation.  
 Cooperation includes responding fully and promptly to any 
 question raised by or on behalf of the board relating to the 
 subject of the investigation and providing copies of client 
 records, as reasonably requested by the board, to assist the 
 board in its investigation.  The board shall pay for copies 
 requested.  If the board does not have a written consent from a 
 client permitting access to the client's records, the licensee 
 shall delete any data in the record that identifies the client 
 before providing it to the board.  The board shall maintain any 
 records obtained pursuant to this section as investigative data 
 pursuant to chapter 13. 

    HIST: 1987 c 347 art 1 s 9; 1991 c 292 art 2 s 74 

     148B.10 Disciplinary record on judicial review. 

    Upon judicial review of any board disciplinary or adverse 
 action taken under this chapter, the reviewing court shall seal 
 the administrative record, except for the board's final 
 decision, and shall not make the administrative record available 
 to the public. 

    HIST: 1987 c 347 art 1 s 10 

     148B.11 Professional accountability. 

    Subdivision 1.    Investigation.  Each board shall 
 maintain and keep current a file containing the reports and 
 complaints filed against licensees within the board's 
 jurisdiction.  Each complaint filed with a board pursuant to 
 section 214.10, subdivision 1, must be investigated according to 
 section 214.10, subdivision 2.  If the files maintained by a 
 board show that a malpractice settlement or award to the 
 plaintiff has been made against a licensee as reported by 
 insurers under section 148B.07, the executive director of the 
 board shall notify the board and the board may authorize a 
 review of the provider's practice. 

    Subd. 2.    Attorney general investigates.  When a board 
 initiates a review of a licensee's practice it shall notify the 
 attorney general who shall investigate the matter in the same 
 manner as provided in section 214.10.  If an investigation is to 
 be made, the attorney general shall notify the licensee, and, if 
 the incident being investigated occurred there, the 
 administrator and chief of staff at the health care facilities 
 or clinics in which the professional serves, if applicable. 

    Subd. 3.    Access to records.  The board shall be 
 allowed access to records of a client treated by the licensee 
 under review if the client signs a written consent permitting 
 access.  If no consent form has been signed, the hospital, 
 clinic, or licensee shall first delete data in the record that 
 identifies the client before providing it to the board.  

    HIST: 1987 c 347 art 1 s 11; 1991 c 292 art 2 s 74 

     148B.12 Malpractice history. 

    Subdivision 1.    Submission.  Licensees or applicants 
 for licensure who have previously practiced in another state 
 shall submit with their application the following information:  

    (1) number, date, and disposition of any malpractice 
 settlement or award made relating to the quality of services 
 provided by the licensee or applicant; and 

    (2) number, date, and disposition of any civil litigations 
 or arbitrations relating to the quality of services provided by 
 the licensee or applicant in which the party complaining against 
 the licensee or applicant prevailed or otherwise received a 
 favorable decision or order.  

    Subd. 2.    Board action.  The board shall give due 
 consideration to the information submitted under this section.  
 A licensee or applicant for licensure who willfully submits 
 incorrect information is subject to disciplinary action under 
 this chapter. 

    HIST: 1987 c 347 art 1 s 12; 1991 c 292 art 2 s 42 

     148B.13 Publication of disciplinary actions. 

    At least annually, each board shall publish and release to 
 the public a description of all disciplinary measures or actions 
 taken by the board.  The publication must include, for each 
 disciplinary measure or action taken, the name and business 
 address of the licensee, the nature of the misconduct, and the 
 measure or action taken by the board. 

    HIST: 1987 c 347 art 1 s 13; 1991 c 292 art 2 s 43 

     148B.14 Evidence of past sexual conduct. 

    In a proceeding for the suspension or revocation of the 
 right to practice or other disciplinary or adverse action 
 involving sexual contact with a client or former client, the 
 board or administrative law judge shall not consider evidence of 
 the client's previous sexual conduct nor shall any reference to 
 this conduct 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. 

    HIST: 1987 c 347 art 1 s 14 

     148B.15 Dispute resolution. 

    Subdivision 1.    Arbitration.  Each board shall 
 encourage licensees to submit all fee disputes with clients to 
 binding arbitration.  

    Subd. 2.    Mediation.  Each board shall encourage 
 licensees to submit all disputes with clients that are not 
 related to violations of a code of professional conduct to 
 voluntary mediation.  

    HIST: 1987 c 347 art 1 s 15; 1992 c 292 art 2 s 74; 1992 c 460 
 s 6 

  148B.16 Repealed, 1991 c 292 art 2 s 75 

     148B.17 Fees. 

    Each board shall by rule establish fees, including late 
 fees, for licenses and renewals so that the total fees collected 
 by the board will as closely as possible equal anticipated 
 expenditures during the fiscal biennium, as provided in section 
 16A.1285.  Fees must be credited to accounts in the special 
 revenue fund. 

    HIST: 1987 c 347 art 1 s 17; 1989 c 335 art 4 s 61; 1991 c 292 
 art 2 s 44; 1996 c 305 art 3 s 22 

  148B.171 Repealed, 1991 c 292 art 2 s 75 

     148B.175 Complaints; investigation and hearing. 

    Subdivision 1.    Discovery; subpoenas.  In all matters 
 relating to its lawful regulatory activities, a board may issue 
 subpoenas and compel the attendance of witnesses and the 
 production of all necessary papers, books, records, documents, 
 and other evidentiary material.  Any person failing or refusing 
 to appear to testify regarding any matter about which the person 
 may be lawfully questioned or failing 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 may, upon 
 application to the district court in any district, be ordered to 
 comply with the subpoena or order.  Any board member may 
 administer oaths to witnesses or take their affirmation.  
 Depositions may be taken within or without the state in the 
 manner provided by law for the taking of depositions in civil 
 actions.  A subpoena or other process or paper may be served 
 upon a person it names anywhere within the state by any officer 
 authorized to serve subpoenas or other process or paper in civil 
 actions in the same manner as prescribed by law for service of 
 process issued out of the district court of this state. 

    Subd. 2.    Classification of data.  The board shall 
 maintain any records, other than client records, obtained as 
 part of an investigation, as investigative data under section 
 13.41.  Client records are classified as private under chapter 
 13, and must be protected as such in the records of the board 
 and in administrative or judicial proceeding 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.    Examination.  If a board has probable cause 
 to believe that an applicant or licensee has engaged in conduct 
 prohibited by section 214.10, or statute or rule enforced by the 
 board, it may issue an order directing the applicant or licensee 
 to submit to a mental or physical examination or chemical 
 dependency evaluation.  For the purpose of this section, every 
 applicant or licensee is considered to have consented to submit 
 to a mental or physical examination or chemical dependency 
 evaluation when ordered to do so in writing by the board and to 
 have waived all objections to the admissibility of the 
 examiner's 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.  
 Failure to submit to an examination or evaluation when ordered, 
 unless the failure was due to circumstances beyond the control 
 of the applicant or licensee, constitutes an admission that the 
 applicant or licensee violated section 214.10, or statute or 
 rule enforced by the board, based on the factual specifications 
 in the examination or evaluation order, and may result in an 
 application being denied or a default and final disciplinary 
 order being entered after a contested case hearing.  The only 
 issues to be determined at the hearing are whether the 
 designated board member had probable cause to issue the 
 examination or evaluation order and whether the failure to 
 submit was due to circumstances beyond the control of the 
 applicant or licensee.  Neither the record of a proceeding under 
 this subdivision nor the orders entered by the board are 
 admissible, subject to subpoena, or to be used against the 
 applicant or licensee in a proceeding in which the board is not 
 a party or decision maker.  Information obtained under this 
 subdivision is classified as private under chapter 13 and the 
 orders issued by a board as the result of an applicant or 
 licensee to submit to an examination or evaluation are 
 classified as public. 

    Subd. 5.    Access to data and records.  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 law limiting access to medical or other health 
 records, a board may obtain data and health records relating to 
 an applicant or licensee without the applicant's or licensee's 
 consent if the board has probable cause to believe that an 
 applicant or licensee has engaged in conduct prohibited by 
 section 214.10, or statute or rule enforced by the board.  An 
 applicant, licensee, insurance company, health care facility, 
 provider as defined in section 144.335, subdivision 1, paragraph 
 (b), 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 in accordance with a written request 
 made under this subdivision, unless the information is false and 
 the person or entity giving the information knew or had reason 
 to know that the information was false.  Information on 
 individuals obtained under this section is investigative data 
 under section 13.41. 

    Subd. 6.    Forms of disciplinary action.  When grounds 
 for disciplinary action exist under section 214.10, or statute 
 or rule enforced by the board, it may take one or more of the 
 following disciplinary actions: 

    (1) deny the right to practice; 

    (2) revoke the right to practice; 

    (3) suspend the right to practice; 

    (4) impose limitations on the practice of the licensee; 

    (5) impose conditions on the practice of the licensee; 

    (6) 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 licensee of any economic advantage gained 
 by reason of the violation charged, or to discourage repeated 
 violations; 

    (7) 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 from the Office of Administrative Hearings, attorney 
 fees, court reporters, witnesses, reproduction of records, board 
 members' per diem compensation, board staff time, and expense 
 incurred by board members and staff; 

    (8) censure or reprimand the licensee; or 

    (9) take any other action justified by the facts of the 
 case. 

    Subd. 7.    Temporary suspension.  In addition to any 
 other remedy provided by law, the board may, acting through its 
 designated board member and without a hearing, temporarily 
 suspend the right of a licensee to practice if the board member 
 finds that the licensee has violated a statute or rule that the 
 board is empowered to enforce and that continued practice by the 
 licensee would create a serious risk of harm to others.  The 
 suspension is in effect upon service of a written order on the 
 licensee specifying the statute or rule violated.  The order 
 remains in effect until the board issues a final order in the 
 matter after a hearing or upon agreement between the board and 
 the licensee.  Service of the order is effective if the order is 
 served on the licensee or counsel of record personally or by 
 first class mail to the most recent address provided to the 
 board for the licensee or the counsel of record.  Within ten 
 days of service of the order, the board shall hold a hearing 
 before its own members on the sole issue of whether there is a 
 reasonable basis to continue, modify, or lift the suspension.  
 Evidence presented by the board or licensee may be in affidavit 
 form only.  The licensee or the counsel of record may appear for 
 oral argument.  Within five working days after the hearing, the 
 board shall issue its order and, if the suspension is continued, 
 schedule a contested case hearing within 45 days after issuance 
 of the order.  The administrative law judge shall issue a report 
 within 30 days after closing of the contested case hearing 
 record.  The board shall issue a final order within 30 days 
 after receipt of that report. 

    Subd. 8.    Automatic suspension; restoration.  The 
 right to practice is automatically suspended if (1) a guardian 
 of a licensee is appointed by order of a court under sections 
 524.5-101 to 524.5-502, or (2) the licensee is committed by order of a 
 court pursuant to chapter 253B.  The right to practice remains 
 suspended until the licensee is restored to capacity by a court 
 and, upon petition by the licensee, the suspension is terminated 
 by the board after a hearing or upon agreement between the board 
 and the licensee.  In its discretion, a board may restore and 
 reissue permission to provide services, but as a condition of 
 the permission may impose a disciplinary or corrective measure 
 that it might originally have imposed.  

    Subd. 9.    Additional remedies.  The board may in its 
 own name issue a cease and desist order to stop a person from 
 engaging in an unauthorized practice or violating or threatening 
 to violate a statute, rule, or order which the board has issued 
 or is empowered to enforce.  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, within 15 days of service of the order, the subject 
 of the order fails to request a hearing in writing, the order is 
 the final order of the board and is not reviewable by a court or 
 agency. 

    A hearing must be initiated by the board not later than 30 
 days from the date of the board's receipt of a written hearing 
 request.  Within 30 days of receipt of the administrative law 
 judge's report, the board shall issue a final order modifying, 
 vacating, or making permanent the cease and desist order as the 
 facts require.  The final order remains in effect until modified 
 or vacated by the board. 

    When a request for a stay accompanies a timely hearing 
 request, the board may, in its discretion, grant the stay.  If 
 the board does not grant a requested stay, it shall refer the 
 request to the Office of Administrative Hearings within three 
 working days of receipt of the request.  Within ten days after 
 receiving the request from the board, an administrative law 
 judge shall issue a recommendation to grant or deny the stay.  
 The board shall grant or deny the stay within five days of 
 receiving the administrative law judge's recommendation. 

    In the event of noncompliance with a cease and desist 
 order, the board may institute a proceeding in Ramsey County 
 District Court to obtain injunctive relief or other appropriate 
 relief, including a civil penalty payable to the board not 
 exceeding $10,000 for each separate violation. 

    Subd. 10.    Injunctive relief.  In addition to any 
 other remedy provided by law, including the issuance of a cease 
 and desist order under subdivision 1, a board may in its own 
 name bring an action in Ramsey County District Court for 
 injunctive relief to restrain any unauthorized practice or 
 violation or threatened violation of any statute, rule, or order 
 which the board is empowered to regulate, enforce, or issue.  A 
 temporary restraining order must be granted in the proceeding if 
 continued activity by a licensee would create a serious risk of 
 harm to others.  The board need not show irreparable harm. 

    Subd. 11.    Additional powers.  The issuance of a cease 
 and desist order or injunctive relief granted under this section 
 does not relieve a licensee from criminal prosecution by a 
 competent authority or from disciplinary action by the board.  
 Nothing in this section limits the board's authority to seek 
 injunctive relief under section 214.11. 

    HIST: 1991 c 292 art 2 s 45; 1992 c 460 s 7-10; 1Sp1994 c 1 
 art 2 s 13; 1999 c 227 s 22; 2004 c 146 art 3 s 47 

BOARD OF SOCIAL WORK

     148B.18 Definitions. 

    Subdivision 1.    Applicability.  For the purposes of 
 sections 148B.18 to 148B.289, the following terms have the 
 meanings given them. 

    Subd. 2.    Accredited program of social work.  
 "Accredited program of social work" means a school of social 
 work or other educational program that has been accredited by 
 the Council on Social Work Education. 

    Subd. 2a.    Applicant.  "Applicant" means a person who 
 has submitted an application, with the appropriate fee, for 
 licensure, temporary licensure, or reinstatement of an expired 
 license. 

    Subd. 3.    Board.  "Board" means the Board of Social 
 Work created in section 148B.19. 

    Subd. 3a.    Client.  "Client" means an individual, 
 couple, family, group, organization, or community that receives, 
 received, or should have received services from an applicant or 
 a licensee. 

    Subd. 4.    County agency social worker.  "County agency 
 social worker" means an individual who is employed by a county 
 social service agency in Minnesota in social work practice. 

    Subd. 4a.    Licensee.  "Licensee" means a person 
 licensed by the board. 

    Subd. 5.    State agency social worker.  "State agency 
 social worker" means an individual who is employed by a state 
 social service agency in Minnesota in social work practice. 

    Subd. 6. Repealed, 1997 c 193 s 48 

    Subd. 7. Repealed, 1997 c 193 s 48 

    Subd. 8.    Private practice.  "Private practice" means 
 social work practice conducted by a licensee practicing within 
 the permissible scope of a license, as defined in subdivision 
 11, and under appropriate supervision, as defined in 
 subdivisions 11 and 12, who is either self-employed, or a member 
 of a partnership or of a group practice, rather than being 
 employed by an agency, clinic, or other similar entity. 

    Subd. 9.    Psychotherapy.  "Psychotherapy" in clinical 
 social work practice means the application of social work 
 theory, methodology, and values in the treatment of a person or 
 persons who have cognitive, emotional, behavioral, or social 
 dysfunctions through psychosocial, psychological, or 
 interpersonal methods.  The treatment is a planned and 
 structured program which is based on information from a 
 differential diagnostic assessment, and is directed toward the 
 accomplishment of goals provided in a plan of care.  The 
 person-in-situation/environment configuration is considered and 
 integrated into the diagnosis and treatment.  Psychotherapy may 
 be conducted by licensed independent clinical social workers and 
 by licensed graduate or licensed independent social workers who 
 practice under the supervision of either a licensed independent 
 clinical social worker or, if approved by the board, by another 
 qualified mental health professional. 

    Subd. 10.    Qualified mental health professional.  
 "Qualified mental health professional" means a psychiatrist, 
 board-certified or eligible for board certification, and 
 licensed under chapter 147; a psychologist licensed under 
 sections 148.88 to 148.98; an independent clinical social worker 
 who has the qualifications in section 148B.21, subdivision 6; a 
 psychiatric registered nurse with a master's degree from an 
 accredited school of nursing, licensed under section 148.211, 
 with at least two years of post-master's supervised experience 
 in direct clinical practice; a marriage and family therapist who 
 is licensed under sections 148B.29 to 148B.39; or an equivalent 
 mental health professional, as determined by the board, who is 
 licensed or certified by a board or agency in another state or 
 territory. 

    Subd. 11.    Social work practice.  (a) "Social work 
 practice" is the application of social work theory, knowledge, 
 methods, and ethics to restore or enhance social, psychosocial, 
 or biopsychosocial functioning of individuals, couples, 
 families, groups, organizations, and communities, with 
 particular attention to the person-in-environment configuration. 

    (b) For all levels of licensure, social work practice 
 includes assessment, treatment planning and evaluation, case 
 management, information and referral, counseling, advocacy, 
 teaching, research, supervision, consultation, community 
 organization, and the development, implementation, and 
 administration of policies, programs, and activities. 

    (c) For persons licensed at the licensed independent 
 clinical social worker level, and for persons licensed at either 
 the licensed graduate social worker or the licensed independent 
 social worker level who practice social work under the 
 supervision of a licensed independent clinical social worker, 
 social work practice includes the diagnosis and treatment of 
 mental and emotional disorders in individuals, families, and 
 groups.  The treatment of mental and emotional disorders 
 includes the provision of individual, marital, and group 
 psychotherapy.  

    Subd. 12.    Supervision.  "Supervision" means the 
 direction of social work practice in face-to-face sessions.  
 Further standards for supervision shall be determined by the 
 Board of Social Work.  Supervision shall be provided: 

    (1) by a social worker licensed at least at the level of 
 the worker being supervised and qualified under section 148B.21 
 to practice without supervision, except that a licensed graduate 
 social worker may supervise a licensed social worker; or 

    (2) by another qualified professional or qualified mental 
 health professional when the Board of Social Work determines 
 that supervision by a social worker as required in clause (1) is 
 unobtainable, or in other situations considered appropriate by 
 the Board of Social Work. 

    Subd. 13.    Temporary licensee.  "Temporary licensee" 
 means a person licensed by the board under section 148B.21, 
 subdivision 7. 

    HIST: 1987 c 347 art 2 s 1; 1988 c 689 art 2 s 268; 1991 c 292 
 art 2 s 46; 1992 c 460 s 11,12,21; 1993 c 240 s 4,5; 1997 c 193 
 s 11-16,47; 2003 c 111 s 2,3 

     148B.185 Applicability. 

    Sections 148B.18 to 148B.289 apply to all applicants and 
 licensees, to all persons practicing social work with clients in 
 this state, and to persons engaged in the unauthorized practice 
 of social work. 

    HIST: 1997 c 193 s 17 

     148B.19 Board of Social Work. 

    Subdivision 1.    Creation.  The Board of Social Work is 
 created.  The board consists of 15 members appointed by the 
 governor.  The members are: 

    (1) ten social workers licensed under sections 148B.18 to 
 148B.289; and 

    (2) five public members as defined in section 214.02. 

    Subd. 2.    Qualifications of board members.  Five of 
 the social worker members of the board shall be licensed at the 
 baccalaureate level of licensure and five shall be licensed at 
 the master's level of licensure. 

    Eight of the social worker members shall be engaged in the 
 practice of social work in Minnesota in the following settings: 

    (1) one member shall be engaged in the practice of social 
 work in a state agency; 

    (2) one member shall be engaged in the practice of social 
 work in a county agency; 

    (3) two members shall be engaged in the practice of social 
 work in a private agency; 

    (4) one member shall be engaged in the practice of social 
 work in a private clinical social work setting; 

    (5) one member shall be an educator engaged in regular 
 teaching duties at an accredited program of social work; 

    (6) one member shall be engaged in the practice of social 
 work in an elementary, middle, or secondary school; and 

    (7) one member shall be employed in a hospital or nursing 
 home licensed under chapter 144 or 144A. 

    In addition, at least five members shall be persons with 
 expertise in communities of color and at least six members shall 
 reside outside of the seven-county metropolitan area. 

    Subd. 3. Repealed, 1997 c 193 s 48 

    Subd. 4.    Officers and executive director.  The board 
 shall annually elect from its membership a chair, vice-chair, 
 and secretary-treasurer, and shall adopt rules to govern its 
 proceedings.  The board shall 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. 

    Subd. 5.    Terms and salaries.  Chapter 214 applies to 
 the Board of Social Work unless superseded by sections 148B.18 
 to 148B.289. 

    HIST: 1987 c 347 art 2 s 2; 1992 c 460 s 21; 1993 c 240 s 6,7; 
 1997 c 193 s 18-20,47; 2004 c 279 art 11 s 4 

     148B.20 Duties of board. 

    Subdivision 1.    General.  The Board of Social Work 
 shall: 

    (a) Adopt and enforce rules for licensure of social workers 
 and for regulation of their professional conduct.  The rules 
 must be designed to protect the public. 

    (b) Adopt rules establishing standards and methods of 
 determining whether applicants and licensees are qualified under 
 sections 148B.21 to 148B.24.  The rules must make provision for 
 examinations and must establish standards for professional 
 conduct, including adoption of a code of professional ethics and 
 requirements for continuing education. 

    (c) Hold examinations at least twice a year to assess 
 applicants' knowledge and skills.  The examinations may be 
 written or oral and may be administered by the board or by a 
 body designated by the board.  Examinations must test the 
 knowledge and skills of each of the four groups of social 
 workers qualified under section 148B.21 to practice social work. 
 Examinations must minimize cultural bias and must be balanced in 
 theory. 

    (d) Issue licenses to individuals qualified under sections 
 148B.18 to 148B.24.  

    (e) Issue copies of the rules for licensure to all 
 applicants. 

    (f) Establish and implement procedures, including a 
 standard disciplinary process, to ensure that individuals 
 licensed as social workers will comply with the board's rules. 

    (g) Establish, maintain, and publish annually a register of 
 current licensees. 

    (h) Educate the public about the existence and content of 
 the rules for social work licensing to enable consumers to file 
 complaints against licensees who may have violated the rules. 

    (i) Evaluate its rules in order to refine the standards for 
 licensing social workers and to improve the methods used to 
 enforce the board's standards. 

    Subd. 2. Repealed, 1993 c 337 s 20 

    Subd. 3.    Duties of board.  The board shall establish 
 fees, including late fees, for licenses and renewals so that the 
 total fees collected by the board will as closely as possible 
 equal anticipated expenditures during the fiscal biennium, as 
 provided in section 16A.1285.  Fees must be credited to accounts 
 in the special revenue fund. 

    HIST: 1987 c 347 art 2 s 3; 1992 c 460 s 21; 1997 c 193 s 
 21,22; 1998 c 254 art 1 s 49; 2003 c 111 s 4 

     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 

     148B.215 Contested case hearing. 

    An applicant or a licensee who is the subject of an adverse 
 action by the board may request a contested case hearing under 
 chapter 14.  An applicant or a licensee who desires to request a 
 contested case hearing must submit a written request to the 
 board within 90 days of the date on which the board mailed the 
 notification of the adverse action. 

    HIST: 1992 c 460 s 16; 1997 c 193 s 29 

     148B.22 License renewal requirements. 

    Subdivision 1.    Renewal.  Licensees shall renew 
 licenses at the time and in the manner established by the rules 
 of the board. 

    Subd. 1a.    Reinstatement of expired licenses.  (a) The 
 board must reinstate an expired license under either of the 
 following conditions: 

    (1) hardship cases in which the applicant has: 

    (i) demonstrated to the board's satisfaction that the 
 applicant was unable to comply with the board's license renewal 
 requirements due to a mental or physical condition; 

    (ii) submitted an application for reinstatement on a form 
 provided by the board; 

    (iii) paid the applicable hardship reinstatement fee 
 described in section 148B.226, subdivision 2, paragraph (j); 

    (iv) demonstrated to the board's satisfaction that the 
 applicant was in compliance with the board's continuing 
 education requirements at the time the license expired; and 

    (v) if applicable, demonstrated to the board's satisfaction 
 that the licensee is in compliance with the supervised practice 
 requirements established by the board in rule and statute; or 

    (2) nonhardship cases in which the applicant has: 

    (i) submitted an application for reinstatement on a form 
 provided by the board within one year of the date the license 
 expired; 

    (ii) paid the applicable nonhardship reinstatement fee 
 described in section 148B.226, subdivision 2, paragraph (k); 

    (iii) demonstrated to the board's satisfaction that the 
 applicant was in compliance with the board's continuing 
 education requirements at the time the license expired; and 

    (iv) if applicable, demonstrated to the board's 
 satisfaction that the licensee is in compliance with the 
 supervised practice requirements established by the board in 
 rule and statute. 

    (b) When an applicant's expired license has been reinstated 
 under paragraph (a), clause (1) or (2), the reinstated license 
 is effective the day following the day the license expired. 

    (c) A licensee whose license expired on or after August 1, 
 2001, may apply for reinstatement of an expired license pursuant 
 to paragraph (a), clause (2).  The application must be submitted 
 no later than July 31, 2004. 

    Subd. 2.    Continuing education.  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 30 clock hours of continuing 
 professional postdegree education in programs approved by the 
 board and continues to be qualified to practice under sections 
 148B.18 to 148B.289. 

    Subd. 3.    Background checks.  The board shall request 
 a criminal history background check from the superintendent of 
 the Bureau of Criminal Apprehension on all licensees under its 
 jurisdiction who did not complete a criminal history background 
 check as part of an application for initial licensure.  This 
 background check is a onetime requirement.  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 licensees 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. 

    HIST: 1987 c 347 art 2 s 5; 1992 c 460 s 17; 1997 c 193 s 
 30,47; 1Sp2001 c 9 art 13 s 5; 2002 c 379 art 1 s 113; 2003 c 
 111 s 6 

     148B.224 Alternative license status. 

    Subdivision 1.    Defined; qualifications.  A license 
 may be placed on inactive status if a licensee is not practicing 
 social work in Minnesota and the licensee does not wish to meet 
 license renewal requirements every two years.  A licensee 
 qualifies for inactive status if the licensee demonstrates to 
 the board that the licensee is not practicing social work, as 
 defined by section 148B.18, in any setting in Minnesota. 

    Subd. 2.    Application.  (a) A licensee may apply for 
 inactive status:  (1) at any time by submitting a written 
 application for inactive status; or (2) as an alternative to 
 applying for the renewal of a license by so recording on the 
 application for license renewal form and submitting the 
 completed, signed form.  The application for inactive status 
 must be accompanied by the nonrefundable inactive status fee 
 specified in section 148B.226, payable to the Board of Social 
 Work.  An application that is not completed or signed, or which 
 is not accompanied by the correct inactive status fee, shall be 
 returned to the licensee and is void.  If the application for 
 inactive status is received after the expiration date, the 
 licensee shall pay a late fee as specified in section 148B.226, 
 payable to the Board of Social Work, in addition to the inactive 
 status fee, before the application for inactive status will be 
 considered by the board. 

    (b) The licensee shall attest on a form provided by the 
 board that the applicant will not use the title social worker 
 and will not engage in social work practice in any setting in 
 Minnesota after the date of the board's approval of the 
 application for inactive status. 

    Subd. 3.    Approval.  The board shall approve an 
 application for inactive status if the qualifications and 
 application requirements have been met. 

    Subd. 4.    Practice prohibited.  Licensees on inactive 
 status shall not practice, attempt to practice, offer to 
 practice, or advertise or hold themselves out as authorized to 
 practice social work in any setting in Minnesota and shall use 
 only the title "Social Worker - Inactive Status." 

    Subd. 5.    Time limit on inactive status.  A licensee 
 may maintain a license on inactive status for up to ten 
 consecutive years.  Within 30 days after the end of this 
 ten-year period, the licensee must apply for reactivation of the 
 license pursuant to subdivision 7 or the license expires.  The 
 board shall mail an application for reactivation to a licensee 
 at least 45 days before the expiration date of the license.  
 Placing the application for license reactivation in first class 
 United States mail, addressed to the licensee at the licensee's 
 last known mailing address with postage prepaid, constitutes 
 valid mailing.  Failure to receive the reactivation application 
 does not release a license holder from the requirements of this 
 section. 

    Subd. 6.    Continuing education requirement.  A 
 licensee whose license is on inactive status must continue to 
 obtain the continuing education hours required by rule that 
 would be required if the licensee's license were on active 
 status. 

    Subd. 7.    Reactivating a license.  (a) To reactivate a 
 license, a licensee must complete an application for 
 reactivation of a license, in a form specified by the board; 
 document compliance with the continuing education hours required 
 by subdivision 6 and any continuing education hours not reported 
 by the last expiration date of the license; submit a supervision 
 plan under rules of the board, if required; pay a prorated 
 license renewal fee for the balance of the biennial renewal 
 cycle; and pay the duplicate license certificate fee specified 
 in section 148B.226, if the licensee needs a license in order to 
 meet the requirements of Minnesota Rules, part 8740.0340, 
 subpart 4. 

    (b) If a licensee who reactivates a license has been on 
 inactive status for five or more consecutive years and has not 
 practiced social work during this period, the licensee must 
 receive at least 38 hours of supervision for the first year of 
 full-time practice or 2,000 hours of part-time practice, in 
 accordance with the supervised practice requirements in rules of 
 the board, for application to the licensee's current level.  A 
 licensee must submit a supervision plan before beginning 
 practice, in accordance with rules of the board.  A licensee 
 must have the supervisor submit verification of the supervised 
 practice in a form specified by the board within 30 days of 
 completing this supervised practice requirement.  This 
 supervision requirement must be waived if the licensee can 
 document at least two years of social work practice, outside of 
 Minnesota, within the previous five-year period. 

    (c) For licensed social workers, the completed hours of 
 supervised practice required under this subdivision apply toward 
 any remaining hours required by Minnesota Rules, part 8740.0130, 
 subpart 3. 

    (d) Licensed graduate social workers and licensed 
 independent social workers shall complete this supervised 
 practice requirement before applying for another social work 
 license.  Supervised practice hours obtained to meet this 
 requirement may be applied toward the supervised practice 
 requirement for another social work license. 

    Subd. 8.    License or renewal fee.  A licensee who is 
 approved for inactive status before the end of the renewal cycle 
 may not receive a refund for any portion of the license fee or 
 renewal fee. 

    Subd. 9.    Disciplinary or corrective action.  The 
 board shall retain jurisdiction over a license on inactive 
 status and may take disciplinary or corrective action against 
 the license based on conduct occurring before inactive status 
 was granted or during the inactive status period. 

    HIST: 2003 c 111 s 7 

     148B.225 Emeritus status. 

    Subdivision 1.    Defined; qualifications.  A licensee 
 may apply for an emeritus license if the licensee is retired 
 from social work practice and does not intend to practice social 
 work in any setting in Minnesota.  A licensee shall qualify for 
 an emeritus license if the licensee demonstrates to the board 
 that the licensee is not practicing social work, as defined in 
 section 148B.18, and verifies that the licensee is retired from 
 social work practice. 

    Subd. 2.    Application.  (a) A licensee may apply for 
 an emeritus license:  (1) at any time by submitting a written 
 application 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 form and submitting a completed, 
 signed form.  The application for an emeritus license must be 
 accompanied by the onetime, nonrefundable emeritus license fee 
 specified in section 148B.226, payable to the Board of Social 
 Work.  An application which is not completed or signed, or which 
 is not accompanied by the correct emeritus license fee, must be 
 returned to the licensee and is void. 

    (b) An applicant for an emeritus license shall attest on a 
 form provided by the board that the licensee will not use the 
 title "social worker" and will not engage in social work 
 practice in any setting in Minnesota after the date of the 
 board's approval of the application for an emeritus license. 

    Subd. 3.    Approval.  The board shall approve an 
 application for an emeritus license if the qualifications and 
 application requirements have been met.  Upon approval of an 
 application for an emeritus license, the board shall issue an 
 emeritus license certificate. 

    Subd. 4.    Practice prohibited.  A licensee with an 
 emeritus license shall not practice, attempt to practice, offer 
 to practice, or advertise or hold out as authorized to practice 
 social work in any setting in Minnesota, and shall use only the 
 title "social worker emeritus." 

    Subd. 5.    Reactivating a license.  A licensee with an 
 emeritus license may reactivate a license by meeting the 
 requirements of section 148B.224, subdivision 7. 

    Subd. 6.    License or renewal fee.  A licensee who 
 applies for and is approved for an emeritus license before the 
 end of the renewal cycle may not receive a refund for any 
 portion of the license fee or renewal fee.  

    Subd. 7.    Disciplinary action.  (a) The board may 
 resolve any pending complaints against a licensee before 
 approving an application for an emeritus license. 

    (b) The board shall retain jurisdiction and may take 
 disciplinary action against a licensee holding an emeritus 
 license based on conduct occurring before issuance of the 
 emeritus license. 

    HIST: 2003 c 111 s 8 

     148B.226 Fees. 

    Subdivision 1.    How payable.  The fees in subdivision 
 2 must be paid by personal check, bank draft, cashier's check, 
 or money order payable to the Board of Social Work.  All fees 
 are nonrefundable. 

    Subd. 2.    Fee amounts.  (a) Application fees for 
 licensure are as follows: 

    (1) for a licensed social worker or a licensed graduate 
 social worker, $45; 

    (2) for a licensed independent social worker or a licensed 
 independent clinical social worker, $90; 

    (3) for a reciprocity application for licensure at all 
 levels, $150; and 

    (4) for a temporary license application, $50. 

    (b) A criminal background check fee must be paid in the 
 amount determined by the Bureau of Criminal Apprehension. 

    (c) License fees payable in addition to application fees 
 for licensure are as follows: 

    (1) licensed social worker, $115.20; 

    (2) licensed graduate social worker, $201.60; 

    (3) licensed independent social worker, $302.40; and 

    (4) licensed independent clinical social worker, $331.20. 

    (d) License renewal fees are as follows: 

    (1) licensed social worker, $115.20; 

    (2) licensed graduate social worker, $201.60; 

    (3) licensed independent social worker, $302.40; and 

    (4) licensed independent clinical social worker, $331.20. 

    (e) An emeritus license fee is $43.20. 

    (f) A duplicate license wall certificate is $30. 

    (g) Inactive status fees are as follows: 

    (1) licensed social worker, $115.20; 

    (2) licensed graduate social worker, $201.60; 

    (3) licensed independent social worker, $302.40; and 

    (4) licensed independent clinical social worker, $331.20. 

    (h) A duplicate license card is $10. 

    (i) A late fee is one-half of the applicable license 
 renewal fee or inactive status fee. 

    (j) Hardship reinstatement fees are as follows: 

    (1) licensed social worker, $172.80; 

    (2) licensed graduate social worker, $302.40; 

    (3) licensed independent social worker, $453.60; and 

    (4) licensed independent clinical social worker, $496.80. 

    (k) Nonhardship reinstatement fees are as follows: 

    (1) licensed social worker, $230.40; 

    (2) licensed graduate social worker, $403.20; 

    (3) licensed independent social worker, $604.80; and 

    (4) licensed independent clinical social worker, $662.40. 

    HIST: 2003 c 111 s 9 

  148B.23 Repealed, 1997 c 193 s 48 

     148B.24 Reciprocity. 

    The board shall issue an appropriate license to an 
 individual who holds a current license or other credential from 
 another jurisdiction if the board finds that the requirements 
 for that credential are substantially similar to the 
 requirements in section 148B.21. 

    HIST: 1987 c 347 art 2 s 7; 1998 c 254 art 1 s 52 

     148B.25 Nontransferability of licenses. 

    A social work license is not transferable. 

    HIST: 1987 c 347 art 2 s 8 

     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 

     148B.27 Prohibition against unlicensed practice or use 
  of titles; penalty. 

    Subdivision 1.    Practice.  No individual shall engage 
 in social work practice unless that individual holds a valid 
 temporary license or a license as a licensed social worker, 
 licensed graduate social worker, licensed independent social 
 worker, or licensed independent clinical social worker.  

    Subd. 2.    Use of titles.  No individual shall be 
 presented to the public by any title incorporating the words 
 "social work" or "social worker" unless that individual holds a 
 valid temporary license or a license issued under sections 
 148B.18 to 148B.289.  City, county, and state agency social 
 workers who are not licensed under sections 148B.18 to 148B.289 
 may use only the title city agency social worker or county 
 agency social worker or state agency social worker.  

    Subd. 2a.    Jurisdiction.  Nothing in sections 148B.60 
 to 148B.71 shall prohibit the board from taking disciplinary or 
 other action that the board is authorized to take against either 
 a licensee who is found to be practicing outside the scope of 
 the license or a person who is found to be engaging in the 
 unauthorized practice of social work. 

    Subd. 2b.    Use of hospital social worker title.  
 Individuals employed as social workers on June 30, 1996, by a 
 hospital licensed under chapter 144 who do not qualify for 
 licensure under section 148B.21, may use the title "hospital 
 social worker" for as long as they continue to be employed by a 
 hospital licensed under chapter 144. 

    Subd. 3.    Penalty.  A person who violates sections 
 148B.21 to 148B.289 is guilty of a misdemeanor.  

    HIST: 1987 c 347 art 2 s 10; 1989 c 282 art 2 s 41; 1993 c 240 
 s 14; 1994 c 465 art 2 s 1; 1995 c 63 s 4,5; 1997 c 193 s 
 33,34,47; 1998 c 254 art 1 s 53; 2003 c 111 s 11,12 

     148B.28 Exceptions to license requirement. 

    Subdivision 1.    Other professionals.  Nothing in 
 sections 148B.18 to 148B.289 shall 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; psychological 
 practitioners; probation officers; members of the clergy; 
 attorneys; marriage and family therapists; chemical dependency 
 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 above titles. 

    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 will permit 
 agencies to hire individuals, who do not meet the qualifications 
 of section 148B.21, to practice social work.  

    Subd. 4.    City, county, and state agency social workers. 
  The licensing of city, county, and state agency social 
 workers shall be voluntary.  City, county, and state agencies 
 employing social workers shall not be 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 are themselves 
 members of ethnic minority populations within said agencies, 
 shall be voluntary. 

    Subd. 6.  Repealed, 1995 c 63 s 9 

    HIST: 1987 c 347 art 2 s 11; 1991 c 255 s 19; 1992 c 460 s 18; 
 1993 c 240 s 15; 1997 c 193 s 35,36 

     148B.281 Complaints; investigation and hearing. 

    Subdivision 1.    Discovery; subpoenas.  In all matters 
 relating to its lawful regulatory activities, 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.  Any person failing or refusing 
 to appear to testify regarding any matter about which the person 
 may be lawfully questioned or failing 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 may, upon 
 application to the district court in any district, be ordered to 
 comply with the subpoena or order.  Any board member may 
 administer oaths to witnesses or take their affirmation.  
 Depositions may be taken within or without the state in the 
 manner provided by law for the taking of depositions in civil 
 actions.  A subpoena or other process or paper may be served 
 upon a person it names anywhere within the state by any officer 
 authorized to serve subpoenas or other process or paper in civil 
 actions in the same manner as prescribed by law for service of 
 process issued out of the district court of this state. 

    Subd. 2.    Classification of data.  The board shall 
 maintain any records, other than client records, obtained as 
 part of an investigation, as investigative data under section 
 13.41.  Client records are classified as private under chapter 
 13, and must be protected as such 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.    Examination.  If the board has probable 
 cause to believe that an applicant or licensee has engaged in 
 conduct prohibited by chapter 214 or a statute or rule enforced 
 by the board, it may issue an order directing the applicant or 
 licensee to submit to a mental or physical examination or 
 chemical dependency evaluation.  For the purpose of this 
 section, every applicant or licensee is considered to have 
 consented to submit to a mental or physical examination or 
 chemical dependency evaluation when ordered to do so in writing 
 by the board and to have waived all objections to the 
 admissibility of the examiner's 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.  
 Failure to submit to an examination or evaluation when ordered, 
 unless the failure was due to circumstances beyond the control 
 of the applicant or licensee, constitutes an admission that the 
 applicant or licensee violated chapter 214 or a statute or rule 
 enforced by the board, based on the factual specifications in 
 the examination or evaluation order, and may result in an 
 application being denied or a default and final disciplinary 
 order being entered without the taking of testimony or other 
 evidence.  If a contested case hearing is requested, the only 
 issues to be determined at the hearing are whether the 
 designated board member had probable cause to issue the 
 examination or evaluation order and whether the failure to 
 submit was due to circumstances beyond the control of the 
 applicant or licensee.  Neither the record of a proceeding under 
 this subdivision nor the orders entered by the board are 
 admissible, subject to subpoena, or to be used against the 
 applicant or licensee in a proceeding in which the board is not 
 a party or decision maker.  Information obtained under this 
 subdivision is classified as private under chapter 13 and the 
 orders issued by the board as the result of an applicant's or a 
 licensee's failure to submit to an examination or evaluation are 
 classified as public. 

    Subd. 5.    Access to data and records.  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 law limiting access to medical or other health 
 records, the board may obtain data and health records relating 
 to an applicant or licensee without the applicant's or 
 licensee's consent if the board has probable cause to believe 
 that an applicant or licensee has engaged in conduct prohibited 
 by chapter 214 or a statute or rule enforced by the board.  An 
 applicant, licensee, insurance company, health care facility, 
 provider as defined in section 144.335, subdivision 1, paragraph 
 (b), 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 in accordance with a written request 
 made under this subdivision, unless the information is false and 
 the person or entity giving the information knew or had reason 
 to know that the information was false.  Information on 
 individuals obtained under this section is investigative data 
 under section 13.41. 

    Subd. 6.    Forms of disciplinary action.  When grounds 
 for disciplinary action exist under chapter 214 or a statute or 
 rule enforced by the board, it may take one or more of the 
 following disciplinary actions: 

    (1) deny the right to practice; 

    (2) revoke the right to practice; 

    (3) suspend the right to practice; 

    (4) impose limitations on the practice of the licensee; 

    (5) impose conditions on the practice of the licensee; 

    (6) 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 licensee of any economic advantage gained 
 by reason of the violation charged, or to discourage repeated 
 violations; 

    (7) 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 from the Office of Administrative Hearings, attorney 
 fees, court reporters, witnesses, reproduction of records, board 
 members' per diem compensation, board staff time, and expense 
 incurred by board members and staff; 

    (8) censure or reprimand the licensee; 

    (9) require the passing of the examination provided for in 
 section 148B.20, subdivision 1; or 

    (10) take any other action justified by the facts of the 
 case. 

    Subd. 7.    Censure or reprimand.  (a) In addition to 
 the board's authority to issue a censure or a reprimand to a 
 licensee, a designated board member reviewing a complaint as 
 provided for in chapter 214 may issue a censure or a reprimand 
 to a licensee.  The censure or reprimand shall notify the 
 licensee that the censure or reprimand will become final 
 disciplinary action unless the licensee requests a hearing 
 within 14 days. 

    (b) If the licensee requests a timely hearing, the 
 committee shall either schedule a hearing or withdraw the 
 censure or reprimand.  The hearing shall be de novo before the 
 board, provided that the designated board member who issued the 
 censure or reprimand shall not deliberate or vote.  Evidence 
 shall be received only in form of affidavits or other documents 
 except for testimony by the licensee or other witnesses whose 
 testimony the board chair has authorized for good cause.  If 
 testimony is authorized, it shall be subject to 
 cross-examination.  After the hearing, the board shall affirm or 
 dismiss the censure or reprimand, or direct the committee to 
 initiate a contested case proceeding pursuant to chapter 14. 

    Subd. 8.    Temporary suspension.  In addition to any 
 other remedy provided by law, the board may, acting through its 
 designated board member and without a hearing, temporarily 
 suspend the right of a licensee to practice if the board member 
 finds that the licensee has violated a statute or rule that the 
 board is empowered to enforce and that continued practice by the 
 licensee would create a serious risk of harm to others.  The 
 suspension is in effect upon service of a written order on the 
 licensee specifying the statute or rule violated.  The order 
 remains in effect until the board issues a final order in the 
 matter after a hearing or upon agreement between the board and 
 the licensee.  Service of the order is effective if the order is 
 served on the licensee or counsel of record personally or by 
 first class mail to the most recent address provided to the 
 board for the licensee or the counsel of record.  Within ten 
 days of service of the order, the board shall hold a hearing 
 before its own members on the sole issue of whether there is a 
 reasonable basis to continue, modify, or lift the suspension.  
 Evidence presented by the board or licensee may be in affidavit 
 form only.  The licensee or the counsel of record may appear for 
 oral argument.  Within five working days after the hearing, the 
 board shall issue its order and, if the suspension is continued, 
 schedule a contested case hearing within 45 days after issuance 
 of the order.  The administrative law judge shall issue a report 
 within 30 days after closing of the contested case hearing 
 record.  The board shall issue a final order within 30 days 
 after receipt of that report. 

    Subd. 9.    Automatic suspension; restoration.  The 
 right to practice is automatically suspended if (1) a guardian 
 of a licensee is appointed by order of a court under sections 
 524.5-101 to 524.5-502, or (2) the licensee is committed by order of a 
 court pursuant to chapter 253B.  The right to practice remains 
 suspended until the licensee is restored to capacity by a court 
 and, upon petition by the licensee, the suspension is terminated 
 by the board after a hearing or upon agreement between the board 
 and the licensee.  In its discretion, the board may restore and 
 reissue permission to provide services, but as a condition of 
 the permission may impose a disciplinary or corrective measure 
 that it might originally have imposed.  

    Subd. 10.    Additional remedies.  The board may in its 
 own name issue a cease and desist order to stop a person from 
 engaging in an unauthorized practice or violating or threatening 
 to violate a statute, rule, or order which the board has issued 
 or is empowered to enforce.  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, within 15 days of service of the order, the subject 
 of the order fails to request a hearing in writing, the order is 
 the final order of the board and is not reviewable by a court or 
 agency. 

    A hearing must be initiated by the board not later than 30 
 days from the date of the board's receipt of a written hearing 
 request.  Within 30 days of receipt of the administrative law 
 judge's report, the board shall issue a final order modifying, 
 vacating, or making permanent the cease and desist order as the 
 facts require.  The final order remains in effect until modified 
 or vacated by the board. 

    When a request for a stay accompanies a timely hearing 
 request, the board may, in its discretion, grant the stay.  If 
 the board does not grant a requested stay, it shall refer the 
 request to the Office of Administrative Hearings within three 
 working days of receipt of the request.  Within ten days after 
 receiving the request from the board, an administrative law 
 judge shall issue a recommendation to grant or deny the stay.  
 The board shall grant or deny the stay within five days of 
 receiving the administrative law judge's recommendation. 

    In the event of noncompliance with a cease and desist 
 order, the board may institute a proceeding in Ramsey County 
 District Court to obtain injunctive relief or other appropriate 
 relief, including a civil penalty payable to the board not 
 exceeding $10,000 for each separate violation. 

    Subd. 11.    Injunctive relief.  In addition to any 
 other remedy provided by law, including the issuance of a cease 
 and desist order under subdivision 1, the board may in its own 
 name bring an action in Ramsey County District Court for 
 injunctive relief to restrain any unauthorized practice or 
 violation or threatened violation of any statute, rule, or order 
 which the board is empowered to regulate, enforce, or issue.  A 
 temporary restraining order must be granted in the proceeding if 
 continued activity by a licensee would create a serious risk of 
 harm to others.  The board need not show irreparable harm. 

    Subd. 12.    Additional powers.  The issuance of a cease 
 and desist order or injunctive relief granted under this section 
 does not relieve a licensee from criminal prosecution by a 
 competent authority or from disciplinary action by the board.  
 Nothing in this section limits the board's authority to seek 
 injunctive relief under section 214.11. 

    Subd. 13.    Pending appeal.  A suspension, revocation, 
 condition, limitation, qualification, or restriction of an 
 individual's license or right to practice is in effect pending 
 determination of an appeal unless the court, upon petition and 
 for good cause shown, orders otherwise.  

    Subd. 14.    Duty to warn.  Section 148.975 applies to 
 social work licensees and clients.  

    HIST: 1997 c 193 s 37; 1999 c 227 s 22; 2001 c 42 s 1; 2004 c 146 
 art 3 s 47 

     148B.282 Professional cooperation; applicant or licensee.

    An applicant or a licensee who is the subject of an 
 investigation, or who is questioned in connection with an 
 investigation, by or on behalf of the board shall cooperate 
 fully with the investigation.  Cooperation includes responding 
 fully and promptly to any question raised by or on behalf of the 
 board relating to the subject of the investigation, providing 
 copies of client and other records in the applicant's or 
 licensee's possession relating to the matter under investigation 
 and executing releases for records, as reasonably requested by 
 the board, and appearing at conferences or hearings scheduled by 
 the board.  The board shall pay for copies requested.  The board 
 shall be allowed access to any records of a client provided 
 services by the applicant or licensee under review.  If the 
 client has not signed a consent permitting access to the 
 client's records, the applicant or licensee shall delete any 
 data in the record that identifies the client before providing 
 them to the board.  The board shall maintain any records 
 obtained pursuant to this section as investigative data pursuant 
 to chapter 13. 

    HIST: 1997 c 193 s 38 

     148B.283 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of any conduct by an applicant or a licensee which 
 may constitute grounds for disciplinary action under this 
 chapter or the rules of the board or of any unlicensed practice 
 under this chapter may report the violation to the board.  

    Subd. 2.    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 located in this state shall 
 report to the board any action taken by the agency, institution, 
 or organization or any of its administrators or medical or other 
 committees to revoke, suspend, restrict, or condition an 
 applicant's or a licensee's privilege to practice or treat 
 patients or clients in the institution, or as part of the 
 organization, any denial of privileges, or any other 
 disciplinary action for conduct that might constitute grounds 
 for disciplinary action by the board under this chapter.  The 
 institution or organization shall also report the resignation of 
 any applicants or licensees prior to the conclusion of any 
 disciplinary action proceeding for conduct that might constitute 
 grounds for disciplinary action under this chapter, or prior to 
 the commencement of formal charges but after the applicant or 
 licensee had knowledge that formal charges were contemplated or 
 in preparation. 

    Subd. 3.    Professional societies or associations.  A 
 state or local professional society or association for licensees 
 shall forward to the board any complaint received concerning the 
 ethics or conduct of the practice which the board regulates.  
 The society or association shall forward a complaint to the 
 board upon receipt of the complaint.  The society or association 
 shall also report to the board any disciplinary action taken 
 against a member.  

    Subd. 4.    Licensed professionals.  (a) A licensed 
 health professional shall report to the board information on the 
 following conduct by an applicant or a licensee: 

    (1) sexual contact or sexual conduct with a client or a 
 former client; 

    (2) failure to make reports required by section 626.556 or 
 626.557; 

    (3) impairment in the ability to practice by reason of 
 illness, use of alcohol, drugs, or other chemicals, or as a 
 result of any mental or physical condition; 

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

    (5) fraud in the licensure application process or any other 
 false statements made to the board; 

    (6) conviction of a felony reasonably related to the 
 practice of social work, including conviction of the 
 psychotherapist sex crimes in chapter 609; and 

    (7) a violation of a board order. 

    (b) A licensed health professional shall also report to the 
 board information on any other conduct by an applicant or a 
 licensee that constitutes grounds for disciplinary action under 
 this chapter or the rules of the board when the licensed health 
 professional reasonably believes, after appropriate assessment, 
 that the client's functioning has been or likely will be 
 affected negatively by the conduct, regardless of whether the 
 conduct has ceased. 

    (c) Notwithstanding paragraphs (a) and (b), a licensed 
 health professional shall report to the board knowledge of any 
 actions which institutions must report under subdivision 2. 

    Subd. 5.    Reporting other licensed professionals.  An 
 applicant or a licensee shall report to the appropriate board 
 conduct by a licensed health professional which would constitute 
 grounds for disciplinary action under the chapter governing the 
 practice of the other licensed health professional and which is 
 required by law to be reported to the same board. 

    Subd. 6.    Insurers and other entities making liability 
 payments.  (a) Four times each year as prescribed by the 
 board, each insurer authorized to sell insurance described in 
 section 60A.06, subdivision 1, clause (13), and providing 
 professional liability insurance to licensees, or the Medical 
 Joint Underwriting Association under chapter 62F, shall submit 
 to the board a report concerning the licensees against whom 
 malpractice settlements or awards have been made to the 
 plaintiff.  The report must contain at least the following 
 information:  

    (1) the total number of malpractice settlements or awards 
 made; 

    (2) the date the malpractice settlements or awards were 
 made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made; 

    (4) the dollar amount of each malpractice settlement or 
 award; 

    (5) the regular address of the practice of the licensee 
 against whom an award was made or with whom a settlement was 
 made; and 

    (6) the name of the licensee against whom an award was made 
 or with whom a settlement was made.  

    (b) A medical clinic, hospital, political subdivision, or 
 other entity which makes professional liability insurance 
 payments on behalf of applicants or licensees shall submit to 
 the board a report concerning malpractice settlements or awards 
 paid on behalf of applicants or licensees, and any settlements 
 or awards paid by a clinic, hospital, political subdivision, or 
 other entity on its own behalf because of care rendered by 
 applicants or licensees.  This requirement excludes forgiveness 
 of bills.  The report shall be made to the board within 30 days 
 of payment of all or part of any settlement or award. 

    (c) The insurance company or other entity making 
 professional liability insurance payments shall, in addition to 
 the information in paragraph (b), report to the board any 
 information it possesses that tends to substantiate a charge, 
 including the factual data underlying a settlement, that an 
 applicant or a licensee may have engaged in conduct violating 
 this chapter.  

    Subd. 7.    Courts.  The court administrator of district 
 court or any other court of competent jurisdiction shall report 
 to the board any judgment or other determination of the court 
 that adjudges or includes a finding that an applicant or a 
 licensee is a person who is mentally ill, mentally incompetent, 
 guilty of a felony, guilty of a violation of federal or state 
 narcotics laws or controlled substances act, or guilty of an 
 abuse or fraud under Medicare or Medicaid; or that appoints a 
 guardian of the applicant or licensee pursuant to sections 
 524.5-101 to 524.5-502 or commits an applicant or a licensee pursuant 
 to chapter 253B.  

    Subd. 8.    Self-reporting.  An applicant or a licensee 
 shall report to the board any personal action that would require 
 that a report be filed by any person, health care facility, 
 business, or organization pursuant to subdivisions 2 to 7. 

    Subd. 9.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 8 must be submitted not later than 30 days 
 after the occurrence of the reportable event or transaction.  
 The board may provide forms for the submission of reports 
 required by this section, may require that reports be submitted 
 on the forms provided, and may adopt rules necessary to assure 
 prompt and accurate reporting.  

    Subd. 10.    Subpoenas.  The board may issue subpoenas 
 for the production of any reports required by subdivisions 2 to 
 8 or any related documents. 

    HIST: 1997 c 193 s 39; 2002 c 221 s 4; 2004 c 146 art 3 s 47 

     148B.284 Immunity. 

    Subdivision 1.    Reporting.  Any person, health care 
 facility, business, or organization is immune from civil 
 liability or criminal prosecution for submitting in good faith a 
 report under section 148B.283 or for otherwise reporting, 
 providing information, or testifying about violations or alleged 
 violations of this chapter.  The reports are classified under 
 section 13.41. 

    Subd. 2.    Investigation.  Board members and employees; 
 persons engaged on behalf of the board in the investigation of 
 violations and in the preparation, presentation, and management 
 of and testimony pertaining to charges of violations; and 
 persons engaged in monitoring compliance with statutes, rules, 
 board orders, or corrective action agreements are immune from 
 civil liability and criminal prosecution for any actions, 
 transactions, or publications in the execution of, or relating 
 to, their duties under this chapter.  

    HIST: 1997 c 193 s 40 

     148B.285 Disclosure. 

    Subdivision 1.    Contested case proceedings.  (a) Upon 
 application of a party in a board hearing or a contested case 
 hearing before the board, the board shall produce and permit the 
 inspection and copying, by or on behalf of the moving party, of 
 any designated documents or papers relevant to the proceedings, 
 in accordance with rule 34, Minnesota Rules of Civil Procedure. 

    (b) The board hearing or contested case hearing shall be 
 open to the public, except that the board or administrative law 
 judge shall close the hearing for testimony by clients, and 
 testimony and argument about clients. 

    (c) Notwithstanding section 13.41, information which may 
 identify a client, client records, and licensee health records 
 are private data during the contested case hearing, as part of 
 the hearing record, and as part of any appellate or other court 
 record. 

    (d) Clients may waive the protections afforded by this 
 subdivision. 

    Subd. 2.    Information on disciplinary actions.  If the 
 board imposes disciplinary measures or takes disciplinary action 
 of any kind, the name and business address of the licensee, the 
 nature of the misconduct, and the action taken by the board, 
 including all settlement agreements and other board orders, are 
 public data. 

    Subd. 3.    Exchange of information.  The board shall 
 exchange information with other boards, agencies, or departments 
 within the state, as required under section 214.10, subdivision 
 8, paragraph (c). 

    Subd. 4.    Information to the complainant.  The board 
 shall furnish to a person who made a complaint a statement of 
 the result of an investigation of the complaint and a 
 description of the activities and actions of the board relating 
 to the complaint. 

    Subd. 5.    Classification of certain residence addresses 
 and telephone numbers.  Notwithstanding section 13.41, 
 subdivision 2 or 4, the residence address and telephone number 
 of an applicant or licensee are private data on individuals as 
 defined in section 13.02, subdivision 12, if the applicant or 
 licensee so requests and provides an alternative address and 
 telephone number. 

    Subd. 6.    Publication of disciplinary actions.  At 
 least annually, each board shall publish and release to the 
 public a description of all disciplinary measures or actions 
 taken by the board.  The publication must include, for each 
 disciplinary measure or action taken, the name and business 
 address of the licensee, the nature of the misconduct, and the 
 measure or action taken by the board. 

    HIST: 1997 c 193 s 41; 2000 c 284 s 5 

     148B.286 Professional accountability. 

    Subdivision 1.    Investigation.  The board shall 
 maintain and keep current a file containing the reports and 
 complaints filed against applicants or licensees within the 
 board's jurisdiction.  Each complaint filed with the board 
 pursuant to chapter 214 must be investigated according to 
 chapter 214.  If the files maintained by the board show that a 
 malpractice settlement or award to the plaintiff has been made 
 against an applicant or a licensee as reported by insurers under 
 section 148B.283, the executive director of the board shall 
 notify the board and the board may authorize a review of the 
 provider's practice. 

    Subd. 2.    Attorney general investigates.  When the 
 board initiates a review of an applicant's or a licensee's 
 practice it shall notify the attorney general who shall 
 investigate the matter in the same manner as provided in chapter 
 214.  If an investigation is to be made, the attorney general 
 shall notify the applicant or licensee, and, if the incident 
 being investigated occurred there, the administrator and chief 
 of staff at the health care facilities or clinics in which the 
 professional serves, if applicable. 

    Subd. 3.    Access to records.  The board shall be 
 allowed access to any records of a client provided services by 
 the applicant or licensee under review.  If the client has not 
 signed a consent permitting access, the applicant, licensee, or 
 custodian of the records shall first delete the client's name or 
 other client identifiers before providing the records to the 
 board.  

    HIST: 1997 c 193 s 42 

     148B.287 Malpractice history. 

    Subdivision 1.    Submission.  Licensees or applicants 
 for licensure who have previously practiced in another state 
 shall submit with their application the following information:  

    (1) number, date, and disposition of any malpractice 
 settlement or award made relating to the quality of services 
 provided by the licensee or applicant; and 

    (2) number, date, and disposition of any civil litigations 
 or arbitrations relating to the quality of services provided by 
 the licensee or applicant in which the party complaining against 
 the licensee or applicant prevailed or otherwise received a 
 favorable decision or order.  

    Subd. 2.    Board action.  The board shall give due 
 consideration to the information submitted under this section.  
 A licensee or applicant for licensure who willfully submits 
 incorrect information is subject to disciplinary action under 
 this chapter. 

    HIST: 1997 c 193 s 43 

     148B.288 Evidence of past sexual conduct. 

    In a proceeding for the suspension or revocation of the 
 right to practice or other disciplinary or adverse action 
 involving sexual contact with a client or former client, the 
 board or administrative law judge shall not consider evidence of 
 the client's previous sexual conduct nor shall any reference to 
 this conduct 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. 

    HIST: 1997 c 193 s 44 

     148B.289 Tax clearance certificate. 

    Subdivision 1.    Certificate required.  The board may 
 not issue or renew a license if the commissioner of revenue 
 notifies the board and the licensee or applicant for a license 
 that the licensee or applicant owes the state delinquent taxes 
 in the amount of $500 or more.  The board may issue or renew a 
 license or filing only if the commissioner of revenue issues a 
 tax clearance certificate and the commissioner of revenue or the 
 licensee or applicant forwards a copy of the clearance to the 
 board.  The commissioner of revenue may issue a clearance 
 certificate only if the licensee or applicant does not owe the 
 state any uncontested delinquent taxes.  For purposes of this 
 section, "taxes" means all taxes payable to the commissioner of 
 revenue, including penalties and interest due on those taxes.  
 "Delinquent taxes" do not include a tax liability if (1) an 
 administrative or court action that contests the amount or 
 validity of the liability has been filed or served, (2) the 
 appeal period to contest the tax liability has not expired, or 
 (3) the licensee or applicant has entered into a payment 
 agreement to pay the liability and is current with the payments. 

    Subd. 2.    Hearing.  In lieu of the notice and hearing 
 requirements of section 148B.281, when a licensee or applicant 
 is required to obtain a clearance certificate under this 
 subdivision, a contested case hearing must be held if the 
 licensee or applicant requests a hearing in writing to the 
 commissioner of revenue within 30 days of the date of the notice 
 required in subdivision 1.  The hearing must be held within 45 
 days of the date the commissioner of revenue refers the case to 
 the Office of Administrative Hearings.  Notwithstanding any 
 other law, the licensee or applicant must be served with 20 
 days' notice in writing specifying the time and place of the 
 hearing and the allegations against the licensee or applicant.  
 The notice may be served personally or by mail. 

    Subd. 3.    Information required.  The board shall 
 require all licensees or applicants to provide their Social 
 Security number and Minnesota business identification number on 
 all license applications.  Upon request of the commissioner of 
 revenue, the board must provide to the commissioner of revenue a 
 list of all licensees and applicants, including the name and 
 address, Social Security number, and business identification 
 number.  The commissioner of revenue may request a list of the 
 licensees and applicants no more than once each calendar year. 

    HIST: 1997 c 193 s 45 

BOARD OF MARRIAGE AND FAMILY THERAPY

     148B.29 Definitions. 

    Subdivision 1.    Applicability.  For the purposes of 
 sections 148B.29 to 148B.39, the following terms have the 
 meanings given. 

    Subd. 2.    Board.  "Board" means the Board of Marriage 
 and Family Therapy created in section 148B.30. 

    Subd. 3.    Marriage and family therapy.  "Marriage and 
 family therapy" means the process of providing professional 
 marriage and family psychotherapy to individuals, married 
 couples, and family groups, either singly or in groups.  The 
 practice of marriage and family therapy utilizes established 
 principles that recognize the interrelated nature of the 
 individual problems and dysfunctions in family members to 
 assess, understand, and treat emotional and mental problems.  
 Marriage and family therapy includes premarital, marital, 
 divorce, and family therapy, and is a specialized mode of 
 treatment for the purpose of resolving emotional problems and 
 modifying intrapersonal and interpersonal dysfunction. 

    HIST: 1987 c 347 art 3 s 1 

     148B.30 Board of Marriage and Family Therapy. 

    Subdivision 1.    Creation.  There is created a Board of 
 Marriage and Family Therapy that consists of seven members 
 appointed by the governor.  Four members shall be licensed, 
 practicing marriage and family therapists, each of whom shall 
 for at least five years immediately preceding appointment, have 
 been actively engaged as a marriage and family therapist, 
 rendering professional services in marriage and family therapy.  
 One member shall be engaged in the professional teaching and 
 research of marriage and family therapy.  Two members shall be 
 representatives of the general public who have no direct 
 affiliation with the practice of marriage and family therapy.  
 All members shall have been a resident of the state two years 
 preceding their appointment.  Of the first board members 
 appointed, three shall continue in office for two years, two 
 members for three years, and two members, including the chair, 
 for terms of four years respectively.  Their successors shall be 
 appointed for terms of four years each, except that a person 
 chosen to fill a vacancy shall be appointed only for the 
 unexpired term of the board member whom the newly appointed 
 member succeeds.  Upon the expiration of a board member's term 
 of office, the board member shall continue to serve until a 
 successor is appointed and qualified. 

    Subd. 2.    Transition provision.  Notwithstanding 
 subdivision 1, members of the first board appointed need not be 
 licensed under sections 148B.29 to 148B.39, but shall meet all 
 qualifications, other than payments of fees, so as to be 
 eligible for licensure under sections 148B.29 to 148B.39. 

    Subd. 3.    Officers; staff.  The board shall annually 
 elect from its membership a chair, a vice-chair, and 
 secretary-treasurer, and shall adopt rules to govern its 
 proceedings.  The board shall appoint and employ an executive 
 secretary who shall not be a member of the board. 

    Subd. 4.    Membership terms; compensation and removal.  
 The membership terms, compensation, and removal of board members 
 is governed by section 15.0575, unless superseded by this 
 section. 

    HIST: 1987 c 347 art 3 s 2 

     148B.31 Duties of the board. 

    The board shall: 

    (1) adopt and enforce rules for marriage and family therapy 
 licensing, which shall be designed to protect the public; 

    (2) develop by rule appropriate techniques, including 
 examinations and other methods, for determining whether 
 applicants and licensees are qualified under sections 148B.29 to 
 148B.39; 

    (3) issue licenses to individuals who are qualified under 
 sections 148B.29 to 148B.39; 

    (4) establish and implement procedures designed to assure 
 that licensed marriage and family therapists will comply with 
 the board's rules; 

    (5) study and investigate the practice of marriage and 
 family therapy within the state in order to improve the 
 standards imposed for the licensing of marriage and family 
 therapists and to improve the procedures and methods used for 
 enforcement of the board's standards; 

    (6) formulate and implement a code of ethics for all 
 licensed marriage and family therapists; and 

    (7) establish continuing education requirements for 
 marriage and family therapists. 

    HIST: 1987 c 347 art 3 s 3 

     148B.32 Prohibitions and penalty. 

    Subdivision 1.    Unlicensed practice prohibited.  After 
 adoption of rules by the board implementing sections 148B.29 to 
 148B.39, no individual shall engage in marriage and family 
 therapy practice unless that individual holds a valid license 
 issued under sections 148B.29 to 148B.39. 

    Subd. 2.    Appearance as licensee prohibited.  After 
 adoption of rules by the board implementing sections 148B.29 to 
 148B.39, no individual shall be held out to be a marriage and 
 family therapist unless that individual holds a valid license 
 issued under sections 148B.29 to 148B.39, is a psychologist 
 licensed by the Board of Psychology with a competency in 
 marriage and family therapy, or is a person providing marriage 
 and family therapy who is employed by a hospital licensed under 
 chapter 144 and who is acting within the scope of the person's 
 employment.  

    Subd. 3.    Penalty.  A person who violates a provision 
 of sections 148B.29 to 148B.39 is guilty of a gross misdemeanor. 

    HIST: 1987 c 347 art 3 s 4; 1988 c 689 art 2 s 268; 1989 c 282 
 art 2 s 42; 1995 c 234 art 8 s 46; 2000 c 488 art 9 s 4 

     148B.33 Requirements for licensure. 

    Subdivision 1.    Documentary evidence of qualifications. 
  An applicant for a license shall furnish evidence that the 
 applicant: 

    (1) has attained the age of majority; 

    (2) is of good moral character; 

    (3) is a citizen of the United States, or is lawfully 
 entitled to remain and work in the United States; 

    (4) has at least two years of supervised postgraduate 
 experience in marriage and family therapy satisfactory to the 
 board; 

    (5)(i) has completed a master's or doctoral degree in 
 marriage and family therapy from a program in a regionally 
 accredited educational institution or from a program accredited 
 by the Commission on Accreditation for Marriage and Family 
 Therapy Education of the American Association for Marriage and 
 Family Therapy; or (ii) has completed a master's or doctoral 
 degree from a regionally accredited educational institution in a 
 related field for which the course work is considered by the 
 board to be equivalent to that provided in clause (5)(i); 

    (6) will agree to conduct all professional activities as a 
 licensed marriage and family therapist in accordance with a code 
 of ethics for marriage and family therapists to be adopted by 
 the board; and 

    (7) has passed an examination approved by the board by rule.

    Subd. 2.    Fee.  Each applicant shall pay a 
 nonrefundable application fee set by the board. 

    HIST: 1987 c 347 art 3 s 5; 1991 c 292 art 2 s 48 

  148B.34 Repealed, 1996 c 310 s 1 

     148B.35 Reciprocity with other states. 

    The board shall issue a marriage and family therapist's 
 license to an individual who holds a current license as a 
 marriage and family therapist from another jurisdiction if the 
 board determines that the standards for licensure in the other 
 jurisdiction are at least equivalent to or exceed the 
 requirements of sections 148B.29 to 148B.39 and the rules of the 
 board. 

    HIST: 1987 c 347 art 3 s 7 

     148B.36 Nontransferability of licenses. 

    A marriage and family therapy license is not transferable. 

    HIST: 1987 c 347 art 3 s 8 

     148B.37 Refusal to grant license; suspension or 
  revocation of license. 

    Subdivision 1.    Grounds for action.  The board may 
 refuse to grant a license to, or may suspend, revoke, condition, 
 limit, qualify, or restrict the license of any individual who 
 the board, after a hearing under the contested case provisions 
 of chapter 14, determines: 

    (1) is incompetent to practice marriage and family therapy, 
 or is found to engage in the practice of marriage and family 
 therapy in a manner harmful or dangerous to a client or to the 
 public; 

    (2) is convicted by a court of competent jurisdiction of a 
 crime that the board determines is of a nature to render the 
 convicted person unfit to practice marriage and family therapy.  
 The board should compile, maintain, and publish a list of such 
 crimes; 

    (3) has violated a provision of sections 148B.29 to 148B.39 
 or one or more of the rules of the board; 

    (4) has obtained or attempted to obtain a license or 
 license renewal by bribery or fraudulent representation; 

    (5) has knowingly made a false statement on a form required 
 by the board for licensing or license renewal; or 

    (6) has failed to obtain continuing education credits 
 required by the board. 

    Subd. 2.    Restoring a license.  For reasons it 
 considers sufficient and upon a vote of five of its members, the 
 board may restore a license that has been revoked, reduce a 
 period of suspension, or withdraw a reprimand. 

    HIST: 1987 c 347 art 3 s 9 

     148B.38 Exceptions from license requirement. 

    Subdivision 1.    Other professionals.  Nothing in 
 sections 148B.29 to 148B.39 shall be construed to prevent 
 qualified members of other licensed or certified professions or 
 occupations, such as licensed physicians, registered nurses, 
 licensed practical nurses, psychologists licensed by the board 
 of psychology, social workers, probation officers, members of 
 the clergy, attorneys, school counselors who are employed by an 
 accredited educational institution while performing those duties 
 for which they are employed, registered occupational therapists 
 or certified occupational therapist assistants who are certified 
 by the American Occupational Therapy Association, from doing 
 work of a marriage and family therapy nature. 

    Subd. 2.    Students.  Nothing in sections 148B.29 to 
 148B.39 shall be construed to prevent marriage and family 
 therapy practice by students or interns or individuals preparing 
 for marriage and family therapy to practice under qualified 
 supervision of a licensed professional, recognized and approved 
 by the board in a recognized educational institution or agency 
 so long as they are designated by titles such as "student," 
 "trainee," "intern," or other titles clearly indicating training 
 status. 

    Subd. 3.    Federally recognized tribes and private 
 nonprofit agencies with a minority focus.  The licensure of 
 marriage and family therapists who are employed by federally 
 recognized tribes and private nonprofit agency marriage and 
 family therapists, whose primary service focus addresses ethnic 
 minority populations and who are themselves members of ethnic 
 minority populations within said agencies, shall be voluntary 
 for a period of five years at which time the legislature will 
 review the need for mandatory licensure for all marriage and 
 family therapists under this subdivision. 

    HIST: 1987 c 347 art 3 s 10; 1991 c 292 art 2 s 49 

     148B.39 Privileged communications; exceptions. 

    A person licensed under sections 148B.29 to 148B.39 and 
 employees and professional associates of the person cannot be 
 required to disclose any information that the person, employee, 
 or associate may have acquired in rendering marriage and family 
 therapy services, unless:  

    (1) disclosure is required by other state laws; 

    (2) failure to disclose the information presents a clear 
 and present danger to the health or safety of an individual; 

    (3) the person, employee, or associate is a party defendant 
 to a civil, criminal, or disciplinary action arising from the 
 therapy, in which case a waiver of the privilege accorded by 
 this section is limited to that action; 

    (4) the patient is a defendant in a criminal proceeding and 
 the use of the privilege would violate the defendant's right to 
 a compulsory process or the right to present testimony and 
 witnesses in that person's behalf; and 

    (5) a patient agrees to a waiver of the privilege accorded 
 by this section, and in circumstances where more than one person 
 in a family is receiving therapy, each such family member agrees 
 to the waiver.  Absent a waiver from each family member, a 
 marital and family therapist cannot disclose information 
 received by a family member. 

    HIST: 1987 c 347 art 3 s 11 

  148B.40 Repealed, 1987 c 347 art 4 s 11; 1991 c 292 art 2 
  s 75 

  148B.41 Repealed, 1987 c 347 art 4 s 11; 1991 c 292 art 2 
  s 75 

  148B.42 Repealed, 1987 c 347 art 4 s 11; 1991 c 292 art 2 
  s 75 

  148B.43 Repealed, 1987 c 347 art 4 s 11; 1991 c 292 art 2 
  s 75 

  148B.44 Repealed, 1987 c 347 art 4 s 11; 1991 c 292 art 2 
  s 75 

  148B.45 Repealed, 1987 c 347 art 4 s 11; 1991 c 292 art 2 
  s 75 

  148B.46 Repealed, 1987 c 347 art 4 s 11; 1991 c 292 art 2 
  s 75 

  148B.47 Repealed, 1987 c 347 art 4 s 11; 1991 c 292 art 2 
  s 75 

  148B.48 Repealed, 1991 c 292 art 2 s 75 

LICENSED PROFESSIONAL COUNSELING

     148B.50 Definitions. 

    Subdivision 1.    Applicability.  For the purposes of 
 sections 148B.50 to 148B.593, the following terms have the 
 meanings given.  

    Subd. 2.    Approved supervisor.  "Approved supervisor" 
 means a licensed professional counselor, licensed psychologist, 
 or other qualified supervisor as determined by the board, who 
 has four years of professional counseling experience and 
 documents to the board the completion of a training in 
 counseling supervision that included content and experiences 
 relevant to the supervision of professional counselors. 

    Subd. 3.    Board.  "Board" means the Board of 
 Behavioral Health and Therapy established by section 148B.51. 

    Subd. 4.    Licensed professional counseling.  "Licensed 
 professional counseling" means the application of counseling, 
 human development, and mental health research, principles, and 
 procedures to maintain and enhance the mental health, 
 development, personal and interpersonal effectiveness, and 
 adjustment to work and life of individuals and families. 

    Subd. 5.    Scope of practice.  (a) The scope of 
 practice of a licensed professional counselor includes, but is 
 not limited to: 

    (1) the implementation of professional counseling treatment 
 interventions including evaluation, treatment planning, 
 assessment, and referral; 

    (2) direct counseling services to individuals, groups, and 
 families; 

    (3) counseling strategies that effectively respond to 
 multicultural populations; 

    (4) knowledge of relevant laws and ethics impacting 
 practice; 

    (5) crisis intervention; 

    (6) consultation; and 

    (7) program evaluation and applied research. 

    (b) For the purposes of paragraph (a), clause (1), 
 "professional counseling treatment interventions" means the 
 application of cognitive, affective, behavioral, systemic, and 
 community counseling strategies which include principles of 
 human development, wellness, and pathology.  Counselors provide 
 mental health services for clients whose symptoms significantly 
 interfere with daily functioning and would most likely not 
 improve in a reasonable time period without intervention.  

    (c) Licensed professional counseling does not include 
 activities or services undertaken by persons listed in section 
 148B.592, or the performance of any act that licensed 
 professional counselors are not educated and trained to perform. 

    (d) In order to evaluate and treat mental illness, a 
 licensed professional counselor must complete the postgraduate 
 training specified in section 245.462, subdivision 18, clause 
 (6), or 245.4871, subdivision 27, clause (6). 

    HIST: 2003 c 118 s 4 

     148B.51 Board of behavioral health and therapy. 

    The Board of Behavioral Health and Therapy consists of 13 
 members appointed by the governor.  Five of the members shall be 
 professional counselors licensed or eligible for licensure under 
 sections 148B.50 to 148B.593.  Five of the members shall be 
 alcohol and drug counselors licensed under chapter 148C.  Three 
 of the members shall be public members as defined in section 
 214.02.  The board shall annually elect from its membership a 
 chair and vice-chair.  The board shall 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.  Chapter 214 
 applies to the Board of Behavioral Health and Therapy unless 
 superseded by sections 148B.50 to 148B.593. 

    HIST: 2003 c 118 s 5; 2004 c 279 art 11 s 5 

     148B.52 Duties of the board. 

    (a) The Board of Behavioral Health and Therapy shall: 

    (1) establish by rule appropriate techniques, including 
 examinations and other methods, for determining whether 
 applicants and licensees are qualified under sections 148B.50 to 
 148B.593; 

    (2) establish by rule standards for professional conduct, 
 including adoption of a Code of Professional Ethics and 
 requirements for continuing education and supervision; 

    (3) issue licenses to individuals qualified under sections 
 148B.50 to 148B.593; 

    (4) establish by rule standards for initial education 
 including coursework for licensure and content of professional 
 education; 

    (5) establish, maintain, and publish annually a register of 
 current licensees and approved supervisors; 

    (6) establish initial and renewal application and 
 examination fees sufficient to cover operating expenses of the 
 board and its agents; 

    (7) educate the public about the existence and content of 
 the laws and rules for licensed professional counselors to 
 enable consumers to file complaints against licensees who may 
 have violated the rules; and 

    (8) periodically evaluate its rules in order to refine the 
 standards for licensing professional counselors and to improve 
 the methods used to enforce the board's standards.  

    (b) The board may appoint a professional discipline 
 committee for each occupational licensure regulated by the 
 board, and may appoint a board member as chair.  The 
 professional discipline committee shall consist of five members 
 representative of the licensed occupation and shall provide 
 recommendations to the board with regard to rule techniques, 
 standards, procedures, and related issues specific to the 
 licensed occupation.  

    HIST: 2003 c 118 s 6; 2004 c 279 art 5 s 1 

     148B.53 Requirements for licensure. 

    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 degree program in counseling 
 that includes a minimum of 48 semester 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 and 
 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).  Specific 
 academic course content and training must meet standards 
 established by the CACREP, including course work in 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) or (b). 

    Subd. 2.    Minimum hour effective date.  The minimum 
 semester hour requirement imposed by subdivision 1, paragraph 
 (a), clause (3), is not effective until July 1, 2004.  This 
 subdivision expires July 1, 2005. 

    Subd. 3.    Fee.  Each applicant shall pay a 
 nonrefundable fee 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. 

    HIST: 2003 c 118 s 7; 2004 c 279 art 5 s 2,3 

     148B.54 License renewal requirements. 

    Subdivision 1.    Renewal.  Licensees shall renew 
 licenses at the time and in the manner established by the rules 
 of the board. 

    Subd. 2.    Continuing education.  At the completion of 
 the first two 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.  

    HIST: 2003 c 118 s 8; 2004 c 279 art 5 s 4 

     148B.55 Licenses; transition period. 

    For two years beginning July 1, 2003, the board shall issue 
 a license without examination to an applicant if the board 
 determines that the applicant otherwise satisfies the 
 requirements in section 148B.53, subdivision 1, if the applicant 
 is a licensed psychological practitioner, a licensed marriage 
 and family therapist, or a licensed alcohol and drug counselor, 
 or is in the process of being so licensed.  An applicant 
 licensed under this section must also agree to conduct all 
 professional activities as a licensed professional counselor in 
 accordance with standards for professional conduct established 
 by the board by rule.  This section expires July 1, 2005.  

    HIST: 2003 c 118 s 9; 2004 c 279 art 5 s 5 

     148B.56 Reciprocity. 

    The board may issue a license to an individual who holds a 
 current license or other credential from another jurisdiction if 
 the board finds that the requirements for that credential are 
 substantially similar to the requirements in sections 148B.50 to 
 148B.593.  

    HIST: 2003 c 118 s 10 

     148B.58 Nontransferability of licenses. 

    A professional counseling license is not transferable. 

    HIST: 2003 c 118 s 11 

     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; 

    (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 

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

    (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. 

    HIST: 2003 c 118 s 12; 2004 c 279 art 5 s 6 

     148B.591 Prohibition against unlicensed practice or use 
  of titles. 

    Subdivision 1.    Practice.  After the effective date of 
 rules adopted by the board, no individual may engage in the 
 practice of licensed professional counseling unless that 
 individual holds a valid license or is exempt from licensure 
 under section 148B.592. 

    Subd. 2.    Use of titles.  After the board adopts 
 rules, no individual may be presented to the public by any title 
 or practice incorporating the words "licensed professional 
 counselor" or "LPC" unless that individual holds a valid license 
 issued under sections 148B.50 to 148B.593.  

    HIST: 2003 c 118 s 13 

     148B.5915 Professional cooperation; applicant or 
  licensee. 

    An applicant or a licensee who is the subject of an 
 investigation or who is questioned in connection with an 
 investigation by or on behalf of the board shall cooperate fully 
 with the investigation.  Cooperation includes responding fully 
 and promptly to any question raised by or on behalf of the board 
 relating to the subject of the investigation, executing all 
 releases requested by the board, providing copies of client and 
 other records in the applicant's or licensee's possession 
 relating to the matter under investigation and executing 
 releases for records, as reasonably requested by the board, and 
 appearing at conferences or hearings scheduled by the board.  
 The board shall pay for copies requested.  The board shall be 
 allowed access to any records of a client provided services by 
 the applicant or licensee under review.  If the client has not 
 signed a consent permitting access to the client's records, the 
 applicant or licensee shall delete any data in the record that 
 identifies the client before providing them to the board.  The 
 board shall maintain any records obtained under this section as 
 investigative data pursuant to chapter 13. 

    HIST: 2004 c 279 art 5 s 7 

     148B.5916 Immunity. 

    Subdivision 1.    Reporting.  A person, health care 
 facility, business, or organization is immune from civil 
 liability or criminal prosecution for reporting to the board 
 violations or alleged violations of sections 148B.50 to 148B.593.
 All such reports are classified under section 13.41. 

    Subd. 2.    Investigation.  Members of the board, 
 persons employed by the board, and consultants retained by the 
 board for the purpose of investigation of violations or the 
 preparation and management of charges of violations of this 
 chapter on behalf of the board are immune from civil liability 
 and criminal prosecution for any actions, transactions, or 
 publications in the execution of, or relating to, their duties 
 under sections 148B.50 to 148B.593. 

    HIST: 2004 c 279 art 5 s 8 

     148B.592 Exceptions to license requirement. 

    Subdivision 1.    Other professionals.  Nothing in 
 sections 148B.50 to 148B.593 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 psychologists, probation officers, 
 attorneys, social workers, marriage and family therapists, 
 qualified rehabilitation consultants, natural family planning 
 practitioners certified by the American Academy of Natural 
 Family Planning, and registered occupational therapists or 
 certified occupational therapist assistants.  These persons must 
 not, however, use a title incorporating the words "licensed 
 professional counselor" or otherwise hold themselves out to the 
 public by any title or description stating or implying that they 
 are licensed to engage in the practice of professional 
 counseling unless they are licensed under sections 148B.50 to 
 148B.593. 

    Subd. 2.    Students.  Nothing in sections 148B.50 to 
 148B.593 prevents a student, intern, or trainee enrolled in an 
 accredited program of professional counseling from engaging in 
 professional counseling as part of the supervised course of 
 study if the person is identified as a "counselor intern." 

    Subd. 3.    Government agencies; educational institutions. 
  Nothing in sections 148B.50 to 148B.593 limits the activities 
 and services of, or use of, an official title by a person 
 employed as a counselor by a federal, state, county, or 
 municipal agency, or public or private educational institution 
 if the person is performing the activities within the scope of 
 the person's employment. 

    Subd. 4.    Unlicensed practitioners.  (a) MS 2002 Expired, 
 2003 c 118 s 14 subd 4 para (a) 

    (b) Nothing in this section limits the authority of 
 unlicensed complementary and alternative health care 
 practitioners to perform services under chapter 146A. 

    Subd. 5.    Nonresidents.  A nonresident may engage in 
 the practice of professional counseling within the state without 
 a license for up to 30 days during any calendar year if the 
 nonresident is authorized to provide the services under the law 
 of the state or country of residence and the nonresident has 
 provided proof of credentials to the board, been found qualified 
 to render services in the state, and been granted permission by 
 the board to practice. 

    Subd. 6.    Clergy.  Nothing in sections 148B.50 to 
 148B.593 limits the activities and services of a rabbi, priest, 
 minister, or clergyperson of any religious denomination or sect, 
 provided such activities and services are within the scope of 
 the performance of regular or specialized ministerial duties. 

    Subd. 7.    Nonprofit organizations and charities.  
 Nothing in sections 148B.50 to 148B.593 limits the activities, 
 services, and descriptions of persons offering volunteer or 
 professional services for public or private nonprofit 
 organizations or charities.  

    HIST: 2003 c 118 s 14 

     148B.593 Disclosure of information. 

    (a) A person licensed under sections 148B.50 to 148B.593 
 may not disclose without written consent of the client any 
 communication made by the client to the licensee in the course 
 of the practice of professional counseling, nor may any employee 
 of the licensee reveal the information without the consent of 
 the employer or client except as provided under section 626.556 
 or 626.557.  

    (b) For purposes of sections 148B.50 to 148B.593, the 
 confidential relations and communications between the licensee 
 and a client are placed upon the same basis as those that exist 
 between a licensed psychologist and client.  Nothing in sections 
 148B.50 to 148B.593 may be construed to require any 
 communications to be disclosed except by court order. 

    HIST: 2003 c 118 s 15 

OFFICE OF MENTAL HEALTH PRACTICE

     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 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; 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 occupational therapists; or 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 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. 

    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. 6. Repealed, 1996 c 305 art 1 s 38 

    Subd. 7.    Commissioner.  "Commissioner" means the 
 commissioner of health or the commissioner's designee. 

    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. 

    HIST: 1991 c 106 s 6; 1991 c 292 art 2 s 50; 1995 c 63 s 6; 
 1995 c 205 art 2 s 4; 1997 c 193 s 47; 2000 c 460 s 32; 2003 c 
 118 s 16 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148B.61 Office of Mental Health Practice. 

    Subdivision 1.    Creation.  The Office of Mental Health 
 Practice is created in the Department of Health 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.  The office 
 shall also serve as a clearinghouse on mental health services 
 and both licensed and unlicensed mental health professionals, 
 through the dissemination of 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. 3. Deleted, 1995 c 233 art 2 s 57 

    HIST: 1991 c 292 art 2 s 51; 1996 c 305 art 1 s 39; art 2 s 32 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, section 
*29, paragraph (a), as amended by Laws 2004, chapter 279, article 5, 
*section 10, effective July 1, 2005.  Laws 2003, chapter 118, section 29, 
*paragraph (a), the effective date, as amended by Laws 2004, chapter 279, 
*article 5, section 10.

  148B.62 Repealed, 1995 c 164 s 35 

     148B.63 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of any conduct constituting grounds for 
 disciplinary action relating to unlicensed practice under this 
 chapter may report the violation to the Office of Mental Health 
 Practice. 

    Subd. 2.    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 located in this state shall 
 report to the Office of Mental Health Practice any action taken 
 by the agency, institution, or organization or any of its 
 administrators or medical or other committees to revoke, 
 suspend, restrict, or condition an unlicensed mental health 
 practitioner's privilege to practice or treat patients or 
 clients in the institution, or as part of the organization, any 
 denial of privileges, or any other disciplinary action for 
 conduct that might constitute grounds for disciplinary action by 
 the office under this chapter.  The institution, organization, 
 or governmental entity shall also report the resignation of any 
 unlicensed mental health practitioners prior to the conclusion 
 of any disciplinary action proceeding for conduct that might 
 constitute grounds for disciplinary action under this chapter, 
 or prior to the commencement of formal charges but after the 
 practitioner had knowledge that formal charges were contemplated 
 or were being prepared. 

    Subd. 3.    Professional societies.  A state or local 
 professional society for unlicensed mental health practitioners 
 shall report to the Office of Mental Health Practice any 
 termination, revocation, or suspension of membership or any 
 other disciplinary action taken against an unlicensed 
 practitioner.  If the society has received a complaint that 
 might be grounds for discipline under this chapter against a 
 member on which it has not taken any disciplinary action, the 
 society shall report the complaint and the reason why it has not 
 taken action on it or shall direct the complainant to the Office 
 of Mental Health Practice. 

    Subd. 4.    Licensed professionals.  A licensed health 
 professional shall report to the Office of Mental Health 
 Practice personal knowledge of any conduct that the licensed 
 health professional reasonably believes constitutes grounds for 
 disciplinary action under this chapter by any unlicensed mental 
 health practitioner, including conduct indicating that the 
 individual may be medically incompetent, or may be medically or 
 physically unable to engage safely in the provision of 
 services.  If the information was obtained in the course of a 
 client relationship, the client is an unlicensed mental health 
 practitioner, and the treating individual successfully counsels 
 the other practitioner to limit or withdraw from practice to the 
 extent required by the impairment, the office may deem this 
 limitation of or withdrawal from practice to be sufficient 
 disciplinary action. 

    Subd. 5.    Insurers.  Four times each year as 
 prescribed by the commissioner, each insurer authorized to sell 
 insurance described in section 60A.06, subdivision 1, clause 
 (13), and providing professional liability insurance to 
 unlicensed mental health practitioners or the Medical Joint 
 Underwriting Association under chapter 62F, shall submit to the 
 Office of Mental Health Practice a report concerning the 
 unlicensed mental health practitioners against whom malpractice 
 settlements or awards have been made.  The response must contain 
 at least the following information: 

    (1) the total number of malpractice settlements or awards 
 made; 

    (2) the date the malpractice settlements or awards were 
 made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made; 

    (4) the dollar amount of each malpractice settlement or 
 award; 

    (5) the regular address of the practice of the unlicensed 
 practitioner against whom an award was made or with whom a 
 settlement was made; and 

    (6) the name of the unlicensed practitioner against whom an 
 award was made or with whom a settlement was made. 

    The insurance company shall, in addition to the above 
 information, submit to the Office of Mental Health Practice any 
 information, records, and files, including clients' charts and 
 records, it possesses that tend to substantiate a charge that an 
 unlicensed mental health practitioner may have engaged in 
 conduct violating this chapter. 

    Subd. 6.    Courts.  The court administrator of district 
 court or any other court of competent jurisdiction shall report 
 to the Office of Mental Health Practice any judgment or other 
 determination of the court that adjudges or includes a finding 
 that an unlicensed mental health practitioner is mentally ill, 
 mentally incompetent, guilty of a felony, guilty of a violation 
 of federal or state narcotics laws or controlled substances act, 
 or guilty of abuse or fraud under Medicare or Medicaid; or that 
 appoints a guardian of the unlicensed mental health practitioner 
 under sections 524.5-101 to 524.5-502 or commits an unlicensed mental 
 practitioner under chapter 253B. 

    Subd. 7.    Self-reporting.  An unlicensed mental health 
 practitioner shall report to the Office of Mental Health 
 Practice any personal action that would require that a report be 
 filed with the office by any person, health care facility, 
 business, or organization pursuant to subdivisions 2 to 5.  The 
 practitioner shall also report the revocation, suspension, 
 restriction, limitation, or other disciplinary action against 
 the mental health practitioner's license, certificate, 
 registration, or right of practice in another state or 
 jurisdiction, for offenses that would be subject to disciplinary 
 action in this state and also report the filing of charges 
 regarding the practitioner's license, certificate, registration, 
 or right of practice in another state or jurisdiction. 

    Subd. 8.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 7 must be submitted not later than 30 days 
 after the reporter learns of the occurrence of the reportable 
 event or transaction.  The Office of Mental Health Practice may 
 provide forms for the submission of reports required by this 
 section, may require that reports be submitted on the forms 
 provided, and may adopt rules necessary to assure prompt and 
 accurate reporting. 

    HIST: 1991 c 292 art 2 s 53; 1Sp1994 c 1 art 2 s 14; 2004 c 146 art 
 3 s 47 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148B.64 Immunity. 

    Subdivision 1.    Reporting.  Any person, health care 
 facility, business, or organization is immune from civil 
 liability or criminal prosecution for submitting a report to the 
 Office of Mental Health Practice, for otherwise reporting to the 
 office violations or alleged violations of this chapter, or for 
 cooperating with an investigation of a report, except as 
 provided in this subdivision.  Any person who knowingly or 
 recklessly makes a false report is liable in a civil suit for 
 any actual damages suffered by the person or persons so reported 
 and for any punitive damages set by the court or jury.  An 
 action requires clear and convincing evidence that the defendant 
 made the statement with knowledge of falsity or with reckless 
 disregard for its truth or falsity.  The report or statement or 
 any statement made in cooperation with an investigation or as 
 part of a disciplinary proceeding is privileged except in an 
 action brought under this subdivision. 

    Subd. 2.    Investigation.  The commissioner and 
 employees of the Department of Health and other persons engaged 
 in the investigation of violations and in the preparation, 
 presentation, and management of and testimony pertaining to 
 charges of violations of this chapter are absolutely immune from 
 civil liability and criminal prosecution for any actions, 
 transactions, or publications in the execution of, or relating 
 to, their duties under this chapter. 

    HIST: 1991 c 292 art 2 s 54; 1996 c 305 art 1 s 40 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148B.65 Disciplinary record on judicial review. 

    Upon judicial review of any disciplinary action taken by 
 the commissioner under this chapter, the reviewing court shall 
 seal the administrative record, except for the commissioner's 
 final decision, and shall not make the administrative record 
 available to the public. 

    HIST: 1991 c 292 art 2 s 55 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148B.66 Professional cooperation; unlicensed 
  practitioner. 

    Subdivision 1.    Cooperation.  An unlicensed mental 
 health practitioner who is the subject of an investigation, or 
 who is questioned in connection with an investigation, by or on 
 behalf of the Office of Mental Health Practice shall cooperate 
 fully with the investigation.  Cooperation includes responding 
 fully and promptly to any question raised by or on behalf of the 
 office relating to the subject of the investigation, whether 
 tape recorded or not, and providing copies of client records, as 
 reasonably requested by the office, to assist the office in its 
 investigation, and appearing at conferences or hearings 
 scheduled by the commissioner.  If the office does not have a 
 written consent from a client permitting access to the client's 
 records, the unlicensed mental health practitioner shall delete 
 any data in the record that identifies the client before 
 providing it to the office.  The office shall maintain any 
 records obtained pursuant to this section as investigative data 
 pursuant to section 13.41.  If an unlicensed mental health 
 practitioner refuses to give testimony or produce any documents, 
 books, records, or correspondence on the basis of the fifth 
 amendment to the Constitution of the United States, the 
 commissioner may compel the unlicensed mental health 
 practitioner to provide the testimony or information; however, 
 the testimony or evidence may not be used against the 
 practitioner in any criminal proceeding.  Challenges to requests 
 of the office may be brought before the appropriate agency or 
 court. 

    Subd. 2.    Classification of data.  The commissioner 
 shall maintain any records, other than client records, obtained 
 as part of an investigation, as investigative data under section 
 13.41.  Client records are classified as private under chapter 
 13 and must be protected as such in the records of the office 
 and in any administrative or judicial proceeding unless the 
 client authorizes the office in writing to make public the 
 identity of the client or a portion or all of the client's 
 records. 

    Subd. 3.    Exchanging information.  (a) The Office of 
 Mental Health Practice shall establish internal operating 
 procedures for: 

    (1) exchanging information with state boards; agencies, 
 including the Office of Ombudsman for Mental Health and Mental 
 Retardation; health related and law enforcement facilities; 
 departments responsible for licensing health related 
 occupations, facilities, and programs; and law enforcement 
 personnel in this and other states; and 

    (2) coordinating investigations involving matters within 
 the jurisdiction of more than one regulatory agency.  

    (b) The procedures for exchanging information must provide 
 for the forwarding to the entities described in paragraph (a), 
 clause (1), of information and evidence, including the results 
 of investigations, that are relevant to matters within the 
 regulatory jurisdiction of the organizations in paragraph (a).  
 The data have the same classification in the hands of the agency 
 receiving the data as they have in the hands of the agency 
 providing the data.  

    (c) The Office of Mental Health Practice shall establish 
 procedures for exchanging information with other states 
 regarding disciplinary action against licensed and unlicensed 
 mental health practitioners.  

    (d) The Office of Mental Health Practice shall forward to 
 another governmental agency any complaints received by the 
 office that do not relate to the office's jurisdiction but that 
 relate to matters within the jurisdiction of the other 
 governmental agency.  The agency to which a complaint is 
 forwarded shall advise the Office of Mental Health Practice of 
 the disposition of the complaint.  A complaint or other 
 information received by another governmental agency relating to 
 a statute or rule that the Office of Mental Health Practice is 
 empowered to enforce must be forwarded to the office to be 
 processed in accordance with this section. 

    (e) The Office of Mental Health Practice shall furnish to a 
 person who made a complaint a description of the actions of the 
 office relating to the complaint.  

    HIST: 1991 c 292 art 2 s 56; 1995 c 164 s 1; 1996 c 440 art 1 
 s 38; 1997 c 187 art 2 s 5 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148B.67 Professional accountability. 

    The Office of Mental Health Practice shall maintain and 
 keep current a file containing the reports and complaints filed 
 against unlicensed mental health practitioners within the 
 commissioner's jurisdiction.  Each complaint filed with the 
 office must be investigated.  If the files maintained by the 
 office show that a malpractice settlement or award has been made 
 against an unlicensed mental health practitioner, as reported by 
 insurers under section 148B.63, subdivision 5, the commissioner 
 may authorize a review of the practitioner's practice by the 
 staff of the Office of Mental Health Practice. 

    HIST: 1991 c 292 art 2 s 57 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148B.68 Prohibited conduct. 

    Subdivision 1.    Prohibited conduct.  The commissioner 
 may impose disciplinary action as described in section 148B.69 
 against any unlicensed mental health practitioner.  The 
 following conduct is prohibited and is grounds for disciplinary 
 action: 

    (a) Conviction of a crime, including a finding or verdict 
 of guilt, an admission of guilt, or a no contest plea, in any 
 court in Minnesota or any other jurisdiction in the United 
 States, reasonably related to the provision of mental health 
 services.  Conviction, as used in this subdivision, includes a 
 conviction of an offense which, if committed in this state, 
 would be deemed a felony or gross misdemeanor without regard to 
 its designation elsewhere, or a criminal proceeding where a 
 finding or verdict of guilty is made or returned but the 
 adjudication of guilt is either withheld or not entered. 

    (b) Conviction of crimes against persons.  For purposes of 
 this chapter, a crime against a person means violations of the 
 following:  sections 609.185; 609.19; 609.195; 609.20; 609.205; 
 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 
 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 
 609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or 
 (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 
 609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; 
 609.595; and 609.72, subdivision 3. 

    (c) Failure to comply with the self-reporting requirements 
 of section 148B.63, subdivision 7. 

    (d) Engaging in sexual contact with a client or former 
 client as defined in section 148A.01, or engaging in contact 
 that may be reasonably interpreted by a client as sexual, or 
 engaging in any verbal behavior that is seductive or sexually 
 demeaning to the patient, or engaging in sexual exploitation of 
 a client or former client. 

    (e) Advertising that is false, fraudulent, deceptive, or 
 misleading. 

    (f) Conduct likely to deceive, defraud, or harm the public; 
 or demonstrating a willful or careless disregard for the health, 
 welfare, or safety of a client; or any other practice that may 
 create unnecessary danger to any client's life, health, or 
 safety, in any of which cases, proof of actual injury need not 
 be established. 

    (g) Adjudication as mentally incompetent, or as a person 
 who is dangerous to self, or adjudication pursuant to chapter 
 253B, as chemically dependent, mentally ill, mentally retarded, 
 mentally ill and dangerous to the public, or as a sexual 
 psychopathic personality or sexually dangerous person. 

    (h) Inability to provide mental health services with 
 reasonable safety to clients. 

    (i) The habitual overindulgence in the use of or the 
 dependence on intoxicating liquors. 

    (j) Improper or unauthorized personal or other use of any 
 legend drugs as defined in chapter 151, any chemicals as defined 
 in chapter 151, or any controlled substance as defined in 
 chapter 152. 

    (k) Revealing a communication from, or relating to, a 
 client except when otherwise required or permitted by law. 

    (l) Failure to comply with a client's request made under 
 section 144.335, or to furnish a client record or report 
 required by law. 

    (m) Splitting fees or promising to pay a portion of a fee 
 to any other professional other than for services rendered by 
 the other professional to the client. 

    (n) Engaging in abusive or fraudulent billing practices, 
 including violations of the federal Medicare and Medicaid laws 
 or state medical assistance laws. 

    (o) Failure to make reports as required by section 148B.63, 
 or cooperate with an investigation of the office. 

    (p) Obtaining money, property, or services from a client, 
 other than reasonable fees for services provided to the client, 
 through the use of undue influence, harassment, duress, 
 deception, or fraud. 

    (q) Undertaking or continuing a professional relationship 
 with a client in which the objectivity of the professional would 
 be impaired. 

    (r) Failure to provide the client with a copy of the client 
 bill of rights or violation of any provision of the client bill 
 of rights. 

    (s) Violating any order issued by the commissioner. 

    (t) Failure to comply with sections 148B.60 to 148B.71, and 
 the rules adopted under those sections. 

    (u) Failure to comply with any additional disciplinary 
 grounds established by the commissioner by rule. 

    (v) Revocation, suspension, restriction, limitation, or 
 other disciplinary action against the mental health 
 practitioner's license, certificate, registration, or right of 
 practice in this or another state or jurisdiction, for offenses 
 that would be subject to disciplinary action in this state, or 
 failure to report to the Office of Mental Health Practice that 
 charges regarding the practitioner's license, certificate, 
 registration, or right of practice have been brought in this or 
 another state or jurisdiction. 

    (w) Bartering for services with a client. 

    Subd. 2.    Evidence.  In disciplinary actions alleging 
 a violation of subdivision 1, paragraph (a), (b), (c), or (g), a 
 copy of the judgment or proceeding under the seal of the court 
 administrator or of the administrative agency that entered the 
 same is admissible into evidence without further authentication 
 and constitutes prima facie evidence of its contents. 

    Subd. 3.    Examination; access to medical data.  (a) If 
 the commissioner has probable cause to believe that an 
 unlicensed mental health practitioner has engaged in conduct 
 prohibited by subdivision 1, paragraph (g), (h), (i), or (j), 
 the commissioner may issue an order directing the practitioner 
 to submit to a mental or physical examination or chemical 
 dependency evaluation.  For the purpose of this subdivision, 
 every unlicensed mental health practitioner is deemed to have 
 consented to submit to a mental or physical examination or 
 chemical dependency evaluation when ordered to do so in writing 
 by the commissioner of health and further to have waived all 
 objections to the admissibility of the testimony or examination 
 reports of the health care provider performing the examination 
 or evaluation on the grounds that the same constitute a 
 privileged communication.  Failure of an unlicensed mental 
 health practitioner to submit to an examination or evaluation 
 when ordered, unless the failure was due to circumstances beyond 
 the practitioner's control, constitutes an admission that the 
 unlicensed mental health practitioner violated subdivision 1, 
 paragraph (g), (h), (i), or (j), based on the factual 
 specifications in the examination or evaluation order and may 
 result in a default and final disciplinary order being entered 
 after a contested case hearing.  An unlicensed mental health 
 practitioner affected under this paragraph shall at reasonable 
 intervals be given an opportunity to demonstrate that the 
 practitioner can resume the provision of mental health services 
 with reasonable safety to clients.  In any proceeding under this 
 paragraph, neither the record of proceedings nor the orders 
 entered by the commissioner shall be used against a mental 
 health practitioner in any other proceeding. 

    (b) In addition to ordering a physical or mental 
 examination or chemical dependency evaluation, the commissioner 
 may, notwithstanding section 13.384, 144.651, 595.02, or any 
 other law limiting access to medical or other health data, 
 obtain medical data and health records relating to an unlicensed 
 mental health practitioner without the practitioner's consent if 
 the commissioner has probable cause to believe that a 
 practitioner has engaged in conduct prohibited by subdivision 1, 
 paragraph (g), (h), (i), or (j).  The medical data may be 
 requested from a health care professional, as defined in section 
 144.335, subdivision 1, paragraph (b), an insurance company, or 
 a government agency, including the Department of Human 
 Services.  A health care professional, insurance company, or 
 government agency shall comply with any written request of the 
 commissioner under this subdivision and is not liable in any 
 action for damages for releasing the data requested by the 
 commissioner if the data are released pursuant to a written 
 request under this subdivision, unless the information is false 
 and the person or organization giving the information knew, or 
 had reason to believe, the information was false.  Information 
 obtained under this subdivision is private data under section 
 13.41. 

    HIST: 1991 c 292 art 2 s 58; 1Sp1994 c 1 art 2 s 15; 1995 c 
 164 s 2; 1995 c 229 art 4 s 9; 1995 c 259 art 3 s 1; 1999 c 227 
 s 22; 2000 c 460 s 33 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148B.69 Disciplinary actions. 

    Subdivision 1.    Forms of disciplinary action.  When 
 the commissioner finds that an unlicensed mental health 
 practitioner has violated a provision or provisions of this 
 chapter, the commissioner may take one or more of the following 
 actions, only against the individual practitioner: 

    (1) revoke the right to practice; 

    (2) suspend the right to practice; 

    (3) impose limitations or conditions on the practitioner's 
 provision of mental health services, the imposition of 
 rehabilitation requirements, or the requirement of practice 
 under supervision; 

    (4) 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 practitioner of any economic advantage 
 gained by reason of the violation charged or to reimburse the 
 Office of Mental Health Practice for all costs of the 
 investigation and proceeding; 

    (5) order the practitioner to provide unremunerated 
 professional service under supervision at a designated public 
 hospital, clinic, or other health care institution; 

    (6) censure or reprimand the practitioner; 

    (7) impose a fee on the practitioner to reimburse the 
 office for all or part of the cost of the proceedings resulting 
 in disciplinary action including, but not limited to, the amount 
 paid by the office for services from the Office of 
 Administrative Hearings, attorney fees, court reports, 
 witnesses, reproduction of records, staff time, and expense 
 incurred by the staff of the Office of Mental Health Practice; 
 or 

    (8) any other action justified by the case. 

    Subd. 2.    Discovery; subpoenas.  In all matters 
 relating to the lawful activities of the Office of Mental Health 
 Practice, the commissioner of health may issue subpoenas and 
 compel the attendance of witnesses and the production of all 
 necessary papers, books, records, documents, and other 
 evidentiary material.  Any person failing or refusing to appear 
 or testify regarding any matter about which the person may be 
 lawfully questioned or failing 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 
 commissioner or by a subpoena of the commissioner to do so may, 
 upon application to the district court in any district, be 
 ordered to comply with the order or subpoena.  The commissioner 
 of health may administer oaths to witnesses or take their 
 affirmation.  Depositions may be taken within or without the 
 state in the manner provided by law for the taking of 
 depositions in civil actions.  A subpoena or other process or 
 paper may be served upon a person it names anywhere within the 
 state by any officer authorized to serve subpoenas or other 
 process or paper in civil actions, in the same manner as 
 prescribed by law for service of process issued out of the 
 district court of this state. 

    Subd. 2a.    Hearings.  If the commissioner proposes to 
 take action against the practitioner as described in subdivision 
 1, the commissioner must first notify the person against whom 
 the action is proposed to be taken and provide the person with 
 an opportunity to request a hearing under the contested case 
 provisions of chapter 14.  If the person does not request a 
 hearing by notifying the commissioner within 30 days after 
 service of the notice of the proposed action, the commissioner 
 may proceed with the action without a hearing. 

    Subd. 3.    Reinstatement.  The commissioner may at the 
 commissioner's discretion reinstate the right to practice and 
 may impose any disciplinary measure listed under subdivision 1. 

    Subd. 4.    Temporary suspension.  In addition to any 
 other remedy provided by law, the commissioner may, acting 
 through a person to whom the commissioner has delegated this 
 authority and without a hearing, temporarily suspend the right 
 of an unlicensed mental health practitioner to practice if the 
 commissioner's delegate finds that the practitioner has violated 
 a statute or rule that the commissioner is empowered to enforce 
 and continued practice by the practitioner would create a 
 serious risk of harm to others.  The suspension is in effect 
 upon service of a written order on the practitioner specifying 
 the statute or rule violated.  The order remains in effect until 
 the commissioner issues a final order in the matter after a 
 hearing or upon agreement between the commissioner and the 
 practitioner.  Service of the order is effective if the order is 
 served on the practitioner or counsel of record personally or by 
 first class mail.  Within ten days of service of the order, the 
 commissioner shall hold a hearing on the sole issue of whether 
 there is a reasonable basis to continue, modify, or lift the 
 suspension.  Evidence presented by the office or practitioner 
 shall be in affidavit form only.  The practitioner or the 
 counsel of record may appear for oral argument.  Within five 
 working days after the hearing, the commissioner shall issue the 
 commissioner's order and, if the suspension is continued, 
 schedule a contested case hearing within 45 days after issuance 
 of the order.  The administrative law judge shall issue a report 
 within 30 days after closing of the contested case hearing 
 record.  The commissioner shall issue a final order within 30 
 days after receipt of that report. 

    Subd. 5.    Automatic suspension.  The right to practice 
 is automatically suspended if (1) a guardian of an unlicensed 
 mental health practitioner is appointed by order of a court 
 under sections 524.5-101 to 524.5-502, or (2) the practitioner is 
 committed by order of a court pursuant to chapter 253B.  The 
 right to practice remains suspended until the practitioner is 
 restored to capacity by a court and, upon petition by the 
 practitioner, the suspension is terminated by the commissioner 
 after a hearing or upon agreement between the commissioner and 
 the practitioner. 

    Subd. 6.    Public employees.  Notwithstanding 
 subdivision 1, the commissioner must not take disciplinary 
 action against an employee of the state or a political 
 subdivision of the state.  If, after an investigation conducted 
 in compliance with and with the authority granted under sections 
 148B.60 to 148B.71, the commissioner determines that the 
 employee violated a provision or provisions of this chapter, the 
 commissioner shall report to the employee's employer the 
 commissioner's findings and the actions the commissioner 
 recommends that the employer take.  The commissioner's 
 recommendations are not binding on the employer. 

    Subd. 7.    Release to obtain nonpublic data.  An 
 unlicensed mental health practitioner who is the subject of an 
 investigation must sign a release authorizing the commissioner 
 to obtain criminal conviction data, reports about abuse or 
 neglect of clients, and other information pertaining to 
 investigations of violations of statutes or rules from the 
 Bureau of Criminal Apprehension, the Federal Bureau of 
 Investigation, the Department of Human Services, the Office of 
 Health Facilities Complaints, private certification 
 organizations, county social service agencies, the Division of 
 Driver and Vehicle Services in the Department of Public Safety, 
 adult protection services, child protection services, and other 
 agencies that regulate provision of health care services.  After 
 the commissioner gives written notice to an individual who is 
 the subject of an investigation, the agencies shall assist the 
 commissioner with the investigation by giving the commissioner 
 the requested data. 

    HIST: 1991 c 292 art 2 s 59; 1Sp1994 c 1 art 2 s 16; 1996 c 
 305 art 1 s 41; 1998 c 317 s 11; 2000 c 460 s 34; 2004 c 146 art 3 s 47 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148B.70 Additional remedies. 

    Subdivision 1.    Cease and desist.  The commissioner of 
 health may issue a cease and desist order to stop a person from 
 violating or threatening to violate a statute, rule, or order 
 which the Office of Mental Health Practice has issued or is 
 empowered to enforce.  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, within 15 
 days of service of the order, the subject of the order fails to 
 request a hearing in writing, the order is the final order of 
 the commissioner and is not reviewable by a court or agency. 

    A hearing must be initiated by the Office of Mental Health 
 Practice not later than 30 days from the date of the office's 
 receipt of a written hearing request.  Within 30 days of receipt 
 of the administrative law judge's report, the commissioner shall 
 issue a final order modifying, vacating, or making permanent the 
 cease and desist order as the facts require.  The final order 
 remains in effect until modified or vacated by the commissioner. 

    When a request for a stay accompanies a timely hearing 
 request, the commissioner may, in the commissioner's discretion, 
 grant the stay.  If the commissioner does not grant a requested 
 stay, the commissioner shall refer the request to the Office of 
 Administrative Hearings within three working days of receipt of 
 the request.  Within ten days after receiving the request from 
 the commissioner, an administrative law judge shall issue a 
 recommendation to grant or deny the stay.  The commissioner 
 shall grant or deny the stay within five days of receiving the 
 administrative law judge's recommendation. 

    In the event of noncompliance with a cease and desist 
 order, the commissioner may institute a proceeding in Hennepin 
 County District Court to obtain injunctive relief or other 
 appropriate relief, including a civil penalty payable to the 
 Office of Mental Health Practice not exceeding $10,000 for each 
 separate violation. 

    Subd. 2.    Injunctive relief.  In addition to any other 
 remedy provided by law, including the issuance of a cease and 
 desist order under subdivision 1, the commissioner may in the 
 commissioner's own name bring an action in Hennepin County 
 District Court for injunctive relief to restrain an unlicensed 
 mental health practitioner from a violation or threatened 
 violation of any statute, rule, or order which the commissioner 
 is empowered to regulate, enforce, or issue.  A temporary 
 restraining order must be granted in the proceeding if continued 
 activity by a practitioner would create a serious risk of harm 
 to others.  The commissioner need not show irreparable harm. 

    Subd. 3.    Additional powers.  The issuance of a cease 
 and desist order or injunctive relief granted under this section 
 does not relieve a practitioner from criminal prosecution by a 
 competent authority or from disciplinary action by the 
 commissioner. 

    HIST: 1991 c 292 art 2 s 60 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148B.71 Mental health client bill of rights. 

    Subdivision 1.    Scope.  All unlicensed mental health 
 practitioners, other than those providing services in a facility 
 or program licensed by the commissioner of health or the 
 commissioner of human services, shall provide to each client 
 prior to providing treatment a written copy of the mental health 
 client bill of rights.  A copy must also be posted in a 
 prominent location in the office of the mental health 
 practitioner.  Reasonable accommodations shall be made for those 
 clients who cannot read or who have communication impairments 
 and those who do not read or speak English.  The mental health 
 client bill of rights shall include the following: 

    (a) the name, title, business address, and telephone number 
 of the practitioner; 

    (b) the degrees, training, experience, or other 
 qualifications of the practitioner, followed by the following 
 statement in bold print: 

    "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 
 AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS.  
 THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 

    (c) the name, business address, and telephone number of the 
 practitioner's supervisor, if any; 

    (d) notice that a client has the right to file a complaint 
 with the practitioner's supervisor, if any, and the procedure 
 for filing complaints; 

    (e) the name, address, and telephone number of the Office 
 of Mental Health Practice and notice that a client may file 
 complaints with the office; 

    (f) the practitioner's fees per unit of service, the 
 practitioner's method of billing for such fees, the names of any 
 insurance companies that have agreed to reimburse the 
 practitioner, or health maintenance organizations with whom the 
 practitioner contracts to provide service, whether the 
 practitioner accepts Medicare, medical assistance, or general 
 assistance medical care, and whether the practitioner is willing 
 to accept partial payment, or to waive payment, and in what 
 circumstances; 

    (g) a statement that the client has a right to reasonable 
 notice of changes in services or charges; 

    (h) a brief summary, in plain language, of the theoretical 
 approach used by the practitioner in treating patients; 

    (i) notice that the client has a right to complete and 
 current information concerning the practitioner's assessment and 
 recommended course of treatment, including the expected duration 
 of treatment; 

    (j) a statement that clients may expect courteous treatment 
 and to be free from verbal, physical, or sexual abuse by the 
 practitioner; 

    (k) a statement that client records and transactions with 
 the practitioner are confidential, unless release of these 
 records is authorized in writing by the client, or otherwise 
 provided by law; 

    (l) a statement of the client's right to be allowed access 
 to records and written information from records in accordance 
 with section 144.335; 

    (m) a statement that other services may be available in the 
 community, including where information concerning services is 
 available; 

    (n) a statement that the client has the right to choose 
 freely among available practitioners, and to change 
 practitioners after services have begun, within the limits of 
 health insurance, medical assistance, or other health programs; 

    (o) a statement that the client has a right to coordinated 
 transfer when there will be a change in the provider of 
 services; 

    (p) a statement that the client may refuse services or 
 treatment, unless otherwise provided by law; and 

    (q) a statement that the client may assert the client's 
 rights without retaliation. 

    Subd. 2.    Acknowledgment by client.  Prior to the 
 provision of any service, the client must sign a written 
 statement attesting that the client has received the client bill 
 of rights. 

    HIST: 1991 c 292 art 2 s 61; 2000 c 460 s 35 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (a), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

  148B.72 Repealed, 1Sp1993 c 1 art 9 s 75