1.1 	A bill for an act
1.2 	relating to health; recodifying statutes and rules
1.3 	relating to social work; authorizing rulemaking;
1.4 	providing penalties; appropriating money; amending
1.5 	Minnesota Statutes 2004, sections 13.383, subdivision
1.6 	10; 13.411, subdivision 5; 144.335, subdivision 1;
1.7 	144A.46, subdivision 2; 147.09; 214.01, subdivision 2;
1.8 	245.462, subdivision 18; 245.4871, subdivision 27;
1.9 	256B.0625, subdivision 38; 256J.08, subdivision 73a;
1.10 	319B.02, subdivision 19; 319B.40; proposing coding for
1.11 	new law as Minnesota Statutes, chapter 148D; repealing
1.12 	Minnesota Statutes 2004, sections 148B.18; 148B.185;
1.13 	148B.19; 148B.20; 148B.21; 148B.215; 148B.22;
1.14 	148B.224; 148B.225; 148B.226; 148B.24; 148B.25;
1.15 	148B.26; 148B.27; 148B.28; 148B.281; 148B.282;
1.16 	148B.283; 148B.284; 148B.285; 148B.286; 148B.287;
1.17 	148B.288; 148B.289; Minnesota Rules, parts 8740.0100;
1.18 	8740.0110; 8740.0120; 8740.0122; 8740.0130; 8740.0155;
1.19 	8740.0185; 8740.0187; 8740.0200; 8740.0240; 8740.0260;
1.20 	8740.0285; 8740.0300; 8740.0310; 8740.0315; 8740.0320;
1.21 	8740.0325; 8740.0330; 8740.0335; 8740.0340; 8740.0345.
1.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.23 	ARTICLE 1
1.24 	GENERAL
1.25 	CITATION; DEFINITIONS

1.26 	Section 1. [148D.001] CITATION.
1.27 	This chapter may be cited as the "Minnesota Board of Social
1.28 	Work Practice Act." 

1.29 	Sec. 2. [148D.005] PURPOSE.
1.30 	The purpose of this chapter is to promote and protect the
1.31 	public health, safety, and welfare through the licensure and
1.32 	regulation of persons who practice social work in this state.

1.33 	Sec. 3. [148D.010] DEFINITIONS.
2.1 		Subdivision 1.Scope. For the purpose of this chapter,
2.2 	the terms in this section have the meanings given.
2.3 		Subd. 2.Applicant. "Applicant" means a person who
2.4 	submits an application to the board for a new license, a license
2.5 	renewal, a change in license, an inactive license, reactivation
2.6 	of a license, or a voluntary termination.
2.7 		Subd. 3.Application. "Application" means an application
2.8 	to the board for a new license, a license renewal, a change in
2.9 	license, an inactive license, reactivation of a license, or
2.10 	voluntary termination.
2.11 		Subd. 4.Board. "Board" means the Board of Social Work
2.12 	created under section 148D.025.
2.13 		Subd. 5.Client. "Client" means an individual, couple,
2.14 	family, group, community, or organization that receives or has
2.15 	received social work services as described in subdivision 9.
2.16 		Subd. 6.Clinical practice. "Clinical practice" means
2.17 	applying professional social work knowledge, skills, and values
2.18 	in the differential diagnosis and treatment of psychosocial
2.19 	function, disability, or impairment, including addictions and
2.20 	emotional, mental, and behavioral disorders.  Treatment includes
2.21 	a plan based on a differential diagnosis.  Treatment may
2.22 	include, but is not limited to, the provision of psychotherapy
2.23 	to individuals, couples, families, and groups.  Clinical social
2.24 	workers may also provide the services described in subdivision 9.
2.25 		Subd. 7.Intern. "Intern" means a student in field
2.26 	placement working under the supervision or direction of a social
2.27 	worker.
2.28 		Subd. 8.Person-in-environment perspective.
 2.29 	"Person-in-environment perspective" means viewing human
2.30 	behavior, development, and function in the context of one or
2.31 	more of the following:  the environment, social functioning,
2.32 	mental health, and physical health.
2.33 		Subd. 9.Practice of social work. "Practice of social
2.34 	work" means working to maintain, restore, or improve behavioral,
2.35 	cognitive, emotional, mental, or social functioning of clients,
2.36 	in a manner that applies accepted professional social work
3.1 	knowledge, skills, and values, including the
3.2 	person-in-environment perspective, by providing in person or
3.3 	through telephone, video conferencing, or electronic means one
3.4 	or more of the social work services described in clauses (1) to
3.5 	(3).  Social work services may address conditions that impair or
3.6 	limit behavioral, cognitive, emotional, mental, or social
3.7 	functioning.  Such conditions include, but are not limited to,
3.8 	the following:  abuse and neglect of children or vulnerable
3.9 	adults, addictions, developmental disorders, disabilities,
3.10 	discrimination, illness, injuries, poverty, and trauma.  Social
3.11 	work services include:
3.12 	(1) providing assessment and intervention through direct
3.13 	contact with clients, developing a plan based on information
3.14 	from an assessment, and providing services which include, but
3.15 	are not limited to, assessment, case management, client-centered
3.16 	advocacy, client education, consultation, counseling, crisis
3.17 	intervention, and referral;
3.18 	(2) providing for the direct or indirect benefit of clients
3.19 	through administrative, educational, policy, or research
3.20 	services including, but not limited to:
3.21 	(i) advocating for policies, programs, or services to
3.22 	improve the well-being of clients;
3.23 	(ii) conducting research related to social work services;
3.24 	(iii) developing and administering programs which provide
3.25 	social work services;
3.26 	(iv) engaging in community organization to address social
3.27 	problems through planned collective action;
3.28 	(v) supervising individuals who provide social work
3.29 	services to clients;
3.30 	(vi) supervising social workers in order to comply with the
3.31 	supervised practice requirements specified in sections 148D.100
3.32 	to 148D.125; and 
3.33 	(vii) teaching professional social work knowledge, skills,
3.34 	and values to students; and 
3.35 	(3) engaging in clinical practice.
3.36 		Subd. 10.Professional name. "Professional name" means
4.1 	the name a licensed social worker uses in making representations
4.2 	of the social worker's professional status to the public and
4.3 	which has been designated to the board in writing pursuant to
4.4 	section 148D.090.
4.5 		Subd. 11.Professional social work knowledge, skills, and
4.6 	values. "Professional social work knowledge, skills, and values"
4.7 	means the knowledge, skills, and values taught in programs
4.8 	accredited by the Council on Social Work Education, the Canadian
4.9 	Association of Schools of Social Work, or a similar
4.10 	accreditation body designated by the board.  Professional social
4.11 	work knowledge, skills, and values include, but are not limited
4.12 	to, principles of person-in-environment and the values,
4.13 	principles, and standards described in the Code of Ethics of the
4.14 	National Association of Social Workers.
4.15 		Subd. 12.Sexual conduct. "Sexual conduct" means any
4.16 	physical contact or conduct that may be reasonably interpreted
4.17 	as sexual, or any oral, written, electronic, or other
4.18 	communication that suggests engaging in physical contact or
4.19 	conduct that may be reasonably interpreted as sexual.
4.20 		Subd. 13.Social worker. "Social worker" means an
4.21 	individual who:
4.22 	(1) is licensed as a social worker; or 
4.23 	(2) has obtained a social work degree from a program
4.24 	accredited by the Council on Social Work Education, the Canadian
4.25 	Association of Schools of Social Work, or a similar
4.26 	accreditation body designated by the board and engages in the
4.27 	practice of social work.
4.28 		Subd. 14.Student. "Student" means an individual who is
4.29 	taught professional social work knowledge, skills, and values in
4.30 	a program that has been accredited by the Council on Social Work
4.31 	Education, the Canadian Association of Schools of Social Work,
4.32 	or a similar accreditation body designated by the board.
4.33 		Subd. 15.Supervisee. "Supervisee" means an individual
4.34 	provided evaluation and supervision or direction by a social
4.35 	worker.
4.36 		Subd. 16.Supervision. "Supervision" means a
5.1 	professional relationship between a supervisor and a social
5.2 	worker in which the supervisor provides evaluation and direction
5.3 	of the services provided by the social worker to promote
5.4 	competent and ethical services to clients through the continuing
5.5 	development of the social worker's knowledge and application of
5.6 	accepted professional social work knowledge, skills, and values.
5.7 	APPLICABILITY

5.8 	Sec. 4. [148D.015] SCOPE.
5.9 	This chapter applies to all applicants and licensees, all
5.10 	persons who use the title social worker, and all persons in or
5.11 	out of this state who provide social work services to clients
5.12 	who reside in this state unless there are specific applicable
5.13 	exemptions provided by law.

5.14 	Sec. 5. [148D.020] CHAPTER 214.
5.15 	Chapter 214 applies to the Board of Social Work unless
5.16 	superseded by this chapter.
5.17 	BOARD

5.18 	Sec. 6. [148D.025] BOARD OF SOCIAL WORK.
5.19 		Subdivision 1.Creation. The Board of Social Work
5.20 	consists of 15 members appointed by the governor.  The members
5.21 	are:
5.22 	(1) ten social workers licensed pursuant to section
5.23 	148D.055; and 
5.24 	(2) five public members as defined in section 214.02.
5.25 		Subd. 2.Qualifications of board members. (a) All social
5.26 	worker members must have engaged in the practice of social work
5.27 	in Minnesota for at least one year during the ten years
5.28 	preceding their appointments.
5.29 	(b) Five social worker members must be licensed social
5.30 	workers.  The other five members must be a licensed graduate
5.31 	social worker, a licensed independent social worker, or a
5.32 	licensed independent clinical social worker.
5.33 	(c) Eight social worker members must be engaged at the time
5.34 	of their appointment in the practice of social work in Minnesota
5.35 	in the following settings:
5.36 	(1) one member must be engaged in the practice of social
6.1 	work in a county agency;
6.2 	(2) one member must be engaged in the practice of social
6.3 	work in a state agency;
6.4 	(3) one member must be engaged in the practice of social
6.5 	work in an elementary, middle, or secondary school;
6.6 	(4) one member must be employed in a hospital or nursing
6.7 	home licensed under chapter 144 or 144A;
6.8 	(5) two members must be engaged in the practice of social
6.9 	work in a private agency;
6.10 	(6) one member must be engaged in the practice of social
6.11 	work in a clinical social work setting; and 
6.12 	(7) one member must be an educator engaged in regular
6.13 	teaching duties at a program of social work accredited by the
6.14 	Council on Social Work Education or a similar accreditation body
6.15 	designated by the board.
6.16 	(d) At the time of their appointments, at least six members
6.17 	must reside outside of the seven-county metropolitan area.
6.18 	(e) At the time of their appointments, at least five
6.19 	members must be persons with expertise in communities of color.
6.20 		Subd. 3.Officers. The board must annually elect from
6.21 	its membership a chair, vice-chair, and secretary-treasurer.
6.22 		Subd. 4.Bylaws. The board must adopt bylaws to govern
6.23 	its proceedings.
6.24 		Subd. 5.Executive director. The board must appoint and
6.25 	employ an executive director who is not a member of the board.

6.26 	Sec. 7. [148D.030] DUTIES OF THE BOARD.
6.27 		Subdivision 1.Duties. The board must perform the duties
6.28 	necessary to promote and protect the public health, safety, and
6.29 	welfare through the licensure and regulation of persons who
6.30 	practice social work in this state.  These duties include, but
6.31 	are not limited to:
6.32 	(1) establishing the qualifications and procedures for
6.33 	individuals to be licensed as social workers;
6.34 	(2) establishing standards of practice for social workers;
6.35 	(3) holding examinations or contracting with the
6.36 	Association of Social Work Boards or a similar examination body
7.1 	designated by the board to hold examinations to assess
7.2 	applicants' qualifications;
7.3 	(4) issuing licenses to qualified individuals pursuant to
7.4 	sections 148D.055 and 148D.060;
7.5 	(5) taking disciplinary, adversarial, corrective, or other
7.6 	action pursuant to sections 148D.255 to 148D.270 when an
7.7 	individual violates the requirements of this chapter;
7.8 	(6) assessing fees pursuant to sections 148D.175 and
7.9 	148D.180; and 
7.10 	(7) educating social workers and the public on the
7.11 	requirements of the board.
7.12 		Subd. 2.Rules. The board may adopt and enforce rules to
7.13 	carry out the duties specified in subdivision 1.

7.14 	Sec. 8. [148D.035] VARIANCES.
7.15 	If the effect of a requirement pursuant to this chapter is
7.16 	unreasonable, impossible to execute, absurd, or would impose an
7.17 	extreme hardship on a licensee, the board may grant a variance
7.18 	if the variance is consistent with promoting and protecting the
7.19 	public health, safety, and welfare.  A variance must not be
7.20 	granted for core licensing standards such as substantive
7.21 	educational and examination requirements.

7.22 	Sec. 9. [148D.040] IMMUNITY.
7.23 	Board members, board employees, and persons engaged on
7.24 	behalf of the board are immune from civil liability and criminal
7.25 	prosecution for any actions, transactions, or publications in
7.26 	the lawful execution of or relating to their duties under this
7.27 	chapter.
7.28 	CONTESTED CASES

7.29 	Sec. 10. [148D.045] CONTESTED CASE HEARING.
7.30 	An applicant or a licensee who is the subject of a
7.31 	disciplinary or adversarial action by the board pursuant to this
7.32 	chapter may request a contested case hearing under sections
7.33 	14.57 to 14.62.  An applicant or a licensee who desires to
7.34 	request a contested case hearing must submit a written request
7.35 	to the board within 90 days after the date on which the board
7.36 	mailed the notification of the adverse action, except as
8.1 	otherwise provided in this chapter.
8.2 	LICENSING

8.3 	Sec. 11. [148D.050] LICENSING; SCOPE OF PRACTICE.
8.4 		Subdivision 1.Requirements. The practice of social work
8.5 	must comply with the requirements of subdivision 2, 3, 4, or 5.
8.6 		Subd. 2.Licensed social worker. A licensed social
8.7 	worker may engage in social work practice except that a licensed
8.8 	social worker must not engage in clinical practice.
8.9 		Subd. 3.Licensed graduate social worker. A licensed
8.10 	graduate social worker may engage in social work practice except
8.11 	that a licensed graduate social worker must not engage in
8.12 	clinical practice except under the supervision of a licensed
8.13 	independent clinical social worker or an alternate supervisor
8.14 	pursuant to section 148D.120.
8.15 		Subd. 4.Licensed independent social worker. A licensed
8.16 	independent social worker may engage in social work practice
8.17 	except that a licensed independent social worker must not engage
8.18 	in clinical practice except under the supervision of a licensed
8.19 	independent clinical social worker or an alternate supervisor
8.20 	pursuant to section 148D.120.
8.21 		Subd. 5.Licensed independent clinical social worker. A
8.22 	licensed independent clinical social worker may engage in social
8.23 	work practice, including clinical practice.

8.24 	Sec. 12. [148D.055] LICENSE REQUIREMENTS.
8.25 		Subdivision 1.License required. (a) In order to
8.26 	practice social work, an individual must have a social work
8.27 	license under this section or section 148D.060, except when the
8.28 	individual is exempt from licensure pursuant to section 148D.065.
8.29 	(b) Individuals who teach professional social work
8.30 	knowledge, skills, and values to students and who have a social
8.31 	work degree from a program accredited by the Council on Social
8.32 	Work Education, the Canadian Association of Schools of Social
8.33 	Work, or a similar accreditation body designated by the board
8.34 	must have a social work license under this section or section
8.35 	148D.060, except when the individual is exempt from licensure
8.36 	pursuant to section 148D.065.
9.1 		Subd. 2.Qualifications for licensure by examination as a
9.2 	licensed social worker. (a) Except as provided in paragraph
9.3 	(i), to be licensed as a licensed social worker, an applicant
9.4 	for licensure by examination must provide evidence satisfactory
9.5 	to the board that the applicant:
9.6 	(1) has received a baccalaureate degree in social work from
9.7 	a program accredited by the Council on Social Work Education,
9.8 	the Canadian Association of Schools of Social Work, or a similar
9.9 	accreditation body designated by the board;
9.10 	(2) has passed the bachelors or equivalent examination
9.11 	administered by the Association of Social Work Boards or a
9.12 	similar examination body designated by the board.  Unless an
9.13 	applicant applies for licensure by endorsement pursuant to
9.14 	subdivision 7, an examination is not valid if it was taken and
9.15 	passed eight or more years prior to submitting a completed,
9.16 	signed application form provided by the board.  The examination
9.17 	may be taken prior to completing degree requirements;
9.18 	(3) has submitted a completed, signed application form
9.19 	provided by the board, including the applicable application fee
9.20 	specified in section 148D.180.  For applications submitted
9.21 	electronically, a "signed application" means providing an
9.22 	attestation as specified by the board;
9.23 	(4) has submitted the criminal background check fee and a
9.24 	form provided by the board authorizing a criminal background
9.25 	check pursuant to subdivision 8;
9.26 	(5) has paid the applicable license fee specified in
9.27 	section 148D.180; and 
9.28 	(6) has not engaged in conduct that was or would be in
9.29 	violation of the standards of practice specified in sections
9.30 	148D.195 to 148D.240.  If the applicant has engaged in conduct
9.31 	that was or would be in violation of the standards of practice,
9.32 	the board may take action pursuant to sections 148D.255 to
9.33 	148D.270.
9.34 	(b) An application that is not completed and signed, or
9.35 	that is not accompanied by the correct fee, must be returned to
9.36 	the applicant, along with any fee submitted, and is void.
10.1 	(c) A licensee granted a license by the board pursuant to
10.2 	paragraph (a) must meet the supervised practice requirements
10.3 	specified in sections 148D.100 to 148D.125.  If a licensee does
10.4 	not meet the supervised practice requirements, the board may
10.5 	take action pursuant to sections 148D.255 to 148D.270.
10.6 	(d) By submitting an application for licensure, an
10.7 	applicant authorizes the board to investigate any information
10.8 	provided or requested in the application.  The board may request
10.9 	that the applicant provide additional information, verification,
10.10 	or documentation.
10.11 	(e) Within one year of the time the board receives an
10.12 	application for licensure, the applicant must meet all the
10.13 	requirements specified in paragraph (a) and must provide all of
10.14 	the information requested by the board pursuant to paragraph
10.15 	(d).  If within one year the applicant does not meet all the
10.16 	requirements, or does not provide all of the information
10.17 	requested, the applicant is considered ineligible and the
10.18 	application for licensure must be closed.
10.19 	(f) Except as provided in paragraph (g), an applicant may
10.20 	not take more than three times the bachelors or equivalent
10.21 	examination administered by the Association of Social Work
10.22 	Boards, or a similar examination body designated by the board.
10.23 	An applicant must receive a passing score on the bachelors or
10.24 	equivalent examination administered by the Association of Social
10.25 	Work Boards or a similar examination body designated by the
10.26 	board in no more than 18 months after the date the applicant
10.27 	first failed the examination.
10.28 	(g) Notwithstanding paragraph (f), the board may allow an
10.29 	applicant to take, for a fourth or subsequent time, the
10.30 	bachelors or equivalent examination administered by the
10.31 	Association of Social Work Boards or a similar examination body
10.32 	designated by the board if the applicant:
10.33 	(1) meets all requirements specified in paragraphs (a) to
10.34 	(e) other than passing the bachelors or equivalent examination
10.35 	administered by the Association of Social Work Boards or a
10.36 	similar examination body designated by the board;
11.1 	(2) provides to the board a description of the efforts the
11.2 	applicant has made to improve the applicant's score and
11.3 	demonstrates to the board's satisfaction that the efforts are
11.4 	likely to improve the score; and 
11.5 	(3) provides to the board letters of recommendation from
11.6 	two licensed social workers attesting to the applicant's ability
11.7 	to practice social work competently and ethically in accordance
11.8 	with professional social work knowledge, skills, and values.
11.9 	(h) An individual must not practice social work until the
11.10 	individual passes the examination and receives a social work
11.11 	license under this section or section 148D.060.  If the board
11.12 	has reason to believe that an applicant may be practicing social
11.13 	work without a license, and the applicant has failed the
11.14 	bachelors or equivalent examination administered by the
11.15 	Association of Social Work Boards or a similar examination body
11.16 	designated by the board, the board may notify the applicant's
11.17 	employer that the applicant is not licensed as a social worker.
11.18 	(i) An applicant who was born in a foreign country, who has
11.19 	taken and failed to pass the examination specified in paragraph
11.20 	(a), clause (2), at least once since January 1, 2000, and for
11.21 	whom English is a second language, is eligible for licensure as
11.22 	a social worker if the applicant:
11.23 	(1) provides evidence to the board of compliance with the
11.24 	requirements in paragraph (a), clauses (1) and (3) to (6), and
11.25 	in paragraphs (b) to (e) and (h); and 
11.26 	(2) provides to the board letters of recommendation and
11.27 	experience ratings from two licensed social workers and one
11.28 	professor from the applicant's social work program who can
11.29 	attest to the applicant's competence.
11.30 	This paragraph expires August 1, 2007.
11.31 		Subd. 3.Qualifications for licensure by examination as a
11.32 	licensed graduate social worker. (a) Except as provided in
11.33 	paragraph (i), to be licensed as a licensed graduate social
11.34 	worker, an applicant for licensure by examination must provide
11.35 	evidence satisfactory to the board that the applicant:
11.36 	(1) has received a graduate degree in social work from a
12.1 	program accredited by the Council on Social Work Education, the
12.2 	Canadian Association of Schools of Social Work, or a similar
12.3 	accreditation body designated by the board;
12.4 	(2) has passed the masters or equivalent examination
12.5 	administered by the Association of Social Work Boards or a
12.6 	similar examination body designated by the board. Unless an
12.7 	applicant applies for licensure by endorsement pursuant to
12.8 	section 148D.055, subdivision 7, an examination is not valid if
12.9 	it was taken and passed eight or more years prior to submitting
12.10 	a completed, signed application form provided by the board.  The
12.11 	examination may be taken prior to completing degree
12.12 	requirements;
12.13 	(3) has submitted a completed, signed application form
12.14 	provided by the board, including the applicable application fee
12.15 	specified in section 148D.180.  For applications submitted
12.16 	electronically, a "signed application" means providing an
12.17 	attestation as specified by the board;
12.18 	(4) has submitted the criminal background check fee and a
12.19 	form provided by the board authorizing a criminal background
12.20 	check pursuant to subdivision 8;
12.21 	(5) has paid the applicable license fee specified in
12.22 	section 148D.180; and 
12.23 	(6) has not engaged in conduct that was or would be in
12.24 	violation of the standards of practice specified in sections
12.25 	148D.195 to 148D.240.  If the applicant has engaged in conduct
12.26 	that was or would be in violation of the standards of practice,
12.27 	the board may take action pursuant to sections 148D.255 to
12.28 	148D.270.
12.29 	(b) An application which is not completed and signed, or
12.30 	which is not accompanied by the correct fee, must be returned to
12.31 	the applicant, along with any fee submitted, and is void.
12.32 	(c) A licensee granted a license by the board pursuant to
12.33 	paragraph (a) must meet the supervised practice requirements
12.34 	specified in sections 148D.100 to 148D.125.  If a licensee does
12.35 	not meet the supervised practice requirements, the board may
12.36 	take action pursuant to sections 148D.255 to 148D.270.
13.1 	(d) By submitting an application for licensure, an
13.2 	applicant authorizes the board to investigate any information
13.3 	provided or requested in the application.  The board may request
13.4 	that the applicant provide additional information, verification,
13.5 	or documentation.
13.6 	(e) Within one year of the time the board receives an
13.7 	application for licensure, the applicant must meet all the
13.8 	requirements specified in paragraph (a) and must provide all of
13.9 	the information requested by the board pursuant to paragraph
13.10 	(d).  If within one year the applicant does not meet all the
13.11 	requirements, or does not provide all of the information
13.12 	requested, the applicant is considered ineligible and the
13.13 	application for licensure must be closed.
13.14 	(f) Except as provided in paragraph (g), an applicant may
13.15 	not take more than three times the masters or equivalent
13.16 	examination administered by the Association of Social Work
13.17 	Boards or a similar examination body designated by the board.
13.18 	An applicant must receive a passing score on the masters or
13.19 	equivalent examination administered by the Association of Social
13.20 	Work Boards or a similar examination body designated by the
13.21 	board in no more than 18 months after the date the applicant
13.22 	first failed the examination.
13.23 	(g) Notwithstanding paragraph (f), the board may allow an
13.24 	applicant to take, for a fourth or subsequent time, the masters
13.25 	or equivalent examination administered by the Association of
13.26 	Social Work Boards or a similar examination body designated by
13.27 	the board if the applicant:
13.28 	(1) meets all requirements specified in paragraphs (a) to
13.29 	(e) other than passing the masters or equivalent examination
13.30 	administered by the Association of Social Work boards or a
13.31 	similar examination body designated by the board;
13.32 	(2) provides to the board a description of the efforts the
13.33 	applicant has made to improve the applicant's score and
13.34 	demonstrates to the board's satisfaction that the efforts are
13.35 	likely to improve the score; and 
13.36 	(3) provides to the board letters of recommendation from
14.1 	two licensed social workers attesting to the applicant's ability
14.2 	to practice social work competently and ethically in accordance
14.3 	with professional social work knowledge, skills, and values.
14.4 	(h) An individual must not practice social work until the
14.5 	individual passes the examination and receives a social work
14.6 	license under this section or section 148D.060.  If the board
14.7 	has reason to believe that an applicant may be practicing social
14.8 	work without a license, and the applicant has failed the masters
14.9 	or equivalent examination administered by the Association of
14.10 	Social Work Boards or a similar examination body designated by
14.11 	the board, the board may notify the applicant's employer that
14.12 	the applicant is not licensed as a social worker.
14.13 	(i) An applicant who was born in a foreign country, who has
14.14 	taken and failed to pass the examination specified in paragraph
14.15 	(a), clause (2), at least once since January 1, 2000, and for
14.16 	whom English is a second language, is eligible for licensure as
14.17 	a social worker if the applicant:
14.18 	(1) provides evidence to the board of compliance with the
14.19 	requirements in paragraph (a), clauses (1) and (3) to (6), and
14.20 	in paragraphs (b) to (e) and (h); and 
14.21 	(2) provides to the board letters of recommendation and
14.22 	experience ratings from two licensed social workers and one
14.23 	professor from the applicant's social work program who can
14.24 	attest to the applicant's competence.
14.25 	This paragraph expires August 1, 2007.
14.26 		Subd. 4.Qualifications for licensure by examination as a
14.27 	licensed independent social worker. (a) Except as provided in
14.28 	paragraph (i), to be licensed as a licensed independent social
14.29 	worker, an applicant for licensure by examination must provide
14.30 	evidence satisfactory to the board that the applicant:
14.31 	(1) has received a graduate degree in social work from a
14.32 	program accredited by the Council on Social Work Education, the
14.33 	Canadian Association of Schools of Social Work, or a similar
14.34 	accreditation body designated by the board;
14.35 	(2) has practiced social work as defined in section
14.36 	148D.010, and has met the supervised practice requirements
15.1 	specified in sections 148D.100 to 148D.125;
15.2 	(3) has passed the advanced generalist or equivalent
15.3 	examination administered by the Association of Social Work
15.4 	Boards or a similar examination body designated by the board.
15.5 	Unless an applicant applies for licensure by endorsement
15.6 	pursuant to subdivision 7, an examination is not valid if it was
15.7 	taken and passed eight or more years prior to submitting a
15.8 	completed, signed application form provided by the board;
15.9 	(4) has submitted a completed, signed application form
15.10 	provided by the board, including the applicable application fee
15.11 	specified in section 148D.180.  For applications submitted
15.12 	electronically, a "signed application" means providing an
15.13 	attestation as specified by the board;
15.14 	(5) has submitted the criminal background check fee and a
15.15 	form provided by the board authorizing a criminal background
15.16 	check pursuant to subdivision 8;
15.17 	(6) has paid the applicable license fee specified in
15.18 	section 148D.180; and 
15.19 	(7) has not engaged in conduct that was or would be in
15.20 	violation of the standards of practice specified in sections
15.21 	148D.195 to 148D.240.  If the applicant has engaged in conduct
15.22 	that was or would be in violation of the standards of practice,
15.23 	the board may take action pursuant to sections 148D.255 to
15.24 	148D.270.
15.25 	(b) An application which is not completed and signed, or
15.26 	which is not accompanied by the correct fee, must be returned to
15.27 	the applicant, along with any fee submitted, and is void.
15.28 	(c) A licensed independent social worker who practices
15.29 	clinical social work must meet the supervised practice
15.30 	requirements specified in sections 148D.100 to 148D.125.  If a
15.31 	licensee does not meet the supervised practice requirements, the
15.32 	board may take action pursuant to sections 148D.255 to 148D.270.
15.33 	(d) By submitting an application for licensure, an
15.34 	applicant authorizes the board to investigate any information
15.35 	provided or requested in the application.  The board may request
15.36 	that the applicant provide additional information, verification,
16.1 	or documentation.
16.2 	(e) Within one year of the time the board receives an
16.3 	application for licensure, the applicant must meet all the
16.4 	requirements specified in paragraph (a) and must provide all of
16.5 	the information requested by the board pursuant to paragraph
16.6 	(d).  If within one year the applicant does not meet all the
16.7 	requirements, or does not provide all of the information
16.8 	requested, the applicant is considered ineligible and the
16.9 	application for licensure must be closed.
16.10 	(f) Except as provided in paragraph (g), an applicant may
16.11 	not take more than three times the advanced generalist or
16.12 	equivalent examination administered by the Association of Social
16.13 	Work Boards or a similar examination body designated by the
16.14 	board.  An applicant must receive a passing score on the masters
16.15 	or equivalent examination administered by the Association of
16.16 	Social Work Boards or a similar examination body designated by
16.17 	the board in no more than 18 months after the first time the
16.18 	applicant failed the examination.
16.19 	(g) Notwithstanding paragraph (f), the board may allow an
16.20 	applicant to take, for a fourth or subsequent time, the advanced
16.21 	generalist or equivalent examination administered by the
16.22 	Association of Social Work Boards or a similar examination body
16.23 	designated by the board if the applicant:
16.24 	(1) meets all requirements specified in paragraphs (a) to
16.25 	(e) other than passing the advanced generalist or equivalent
16.26 	examination administered by the Association of Social Work
16.27 	Boards or a similar examination body designated by the board;
16.28 	(2) provides to the board a description of the efforts the
16.29 	applicant has made to improve the applicant's score and
16.30 	demonstrates to the board's satisfaction that the efforts are
16.31 	likely to improve the score; and 
16.32 	(3) provides to the board letters of recommendation from
16.33 	two licensed social workers attesting to the applicant's ability
16.34 	to practice social work competently and ethically in accordance
16.35 	with professional social work knowledge, skills, and values.
16.36 	(h) An individual must not practice social work until the
17.1 	individual passes the examination and receives a social work
17.2 	license under this section or section 148D.060.  If the board
17.3 	has reason to believe that an applicant may be practicing social
17.4 	work without a license, except as provided in section 148D.065,
17.5 	and the applicant has failed the advanced generalist or
17.6 	equivalent examination administered by the Association of Social
17.7 	Work Boards or a similar examination body designated by the
17.8 	board, the board may notify the applicant's employer that the
17.9 	applicant is not licensed as a social worker.
17.10 	(i) An applicant who was born in a foreign country, who has
17.11 	taken and failed to pass the examination specified in paragraph
17.12 	(a), clause (3), at least once since January 1, 2000, and for
17.13 	whom English is a second language, is eligible for licensure as
17.14 	a social worker if the applicant:
17.15 	(1) provides evidence to the board of compliance with the
17.16 	requirements in paragraph (a), clauses (1), (2), and (4) to (7),
17.17 	and in paragraphs (b) to (e) and (h); and 
17.18 	(2) provides to the board letters of recommendation and
17.19 	experience ratings from two licensed social workers and one
17.20 	professor from the applicant's social work program who can
17.21 	attest to the applicant's competence.
17.22 	This paragraph expires August 1, 2007.
17.23 		Subd. 5.Qualifications for licensure by examination as a
17.24 	licensed independent clinical social worker. (a) Except as
17.25 	provided in paragraph (h), to be licensed as a licensed
17.26 	independent clinical social worker, an applicant for licensure
17.27 	by examination must provide evidence satisfactory to the board
17.28 	that the applicant:
17.29 	(1) has received a graduate degree in social work from a
17.30 	program accredited by the Council on Social Work Education, the
17.31 	Canadian Association of Schools of Social Work, or a similar
17.32 	accreditation body designated by the board;
17.33 	(2) has practiced clinical social work as defined in
17.34 	section 148D.010, including both diagnosis and treatment, and
17.35 	has met the supervised practice requirements specified in
17.36 	sections 148D.100 to 148D.125;
18.1 	(3) has passed the clinical or equivalent examination
18.2 	administered by the Association of Social Work Boards or a
18.3 	similar examination body designated by the board.  Unless an
18.4 	applicant applies for licensure by endorsement pursuant to
18.5 	subdivision 7, an examination is not valid if it was taken and
18.6 	passed eight or more years prior to submitting a completed,
18.7 	signed application form provided by the board;
18.8 	(4) has submitted a completed, signed application form
18.9 	provided by the board, including the applicable application fee
18.10 	specified in section 148D.180.  For applications submitted
18.11 	electronically, a "signed application" means providing an
18.12 	attestation as specified by the board;
18.13 	(5) has submitted the criminal background check fee and a
18.14 	form provided by the board authorizing a criminal background
18.15 	check pursuant to subdivision 8;
18.16 	(6) has paid the license fee specified in section 148D.180;
18.17 	and 
18.18 	(7) has not engaged in conduct that was or would be in
18.19 	violation of the standards of practice specified in sections
18.20 	148D.195 to 148D.240.  If the applicant has engaged in conduct
18.21 	that was or would be in violation of the standards of practice,
18.22 	the board may take action pursuant to sections 148D.255 to
18.23 	148D.270.
18.24 	(b) An application which is not completed and signed, or
18.25 	which is not accompanied by the correct fee, must be returned to
18.26 	the applicant, along with any fee submitted, and is void.
18.27 	(c) By submitting an application for licensure, an
18.28 	applicant authorizes the board to investigate any information
18.29 	provided or requested in the application.  The board may request
18.30 	that the applicant provide additional information, verification,
18.31 	or documentation.
18.32 	(d) Within one year of the time the board receives an
18.33 	application for licensure, the applicant must meet all the
18.34 	requirements specified in paragraph (a) and must provide all of
18.35 	the information requested by the board pursuant to paragraph
18.36 	(c).  If within one year the applicant does not meet all the
19.1 	requirements, or does not provide all of the information
19.2 	requested, the applicant is considered ineligible and the
19.3 	application for licensure must be closed.
19.4 	(e) Except as provided in paragraph (f), an applicant may
19.5 	not take more than three times the clinical or equivalent
19.6 	examination administered by the Association of Social Work
19.7 	Boards or a similar examination body designated by the board.
19.8 	An applicant must receive a passing score on the clinical or
19.9 	equivalent examination administered by the Association of Social
19.10 	Work Boards or a similar examination body designated by the
19.11 	board no later than 18 months after the first time the applicant
19.12 	failed the examination.
19.13 	(f) Notwithstanding paragraph (e), the board may allow an
19.14 	applicant to take, for a fourth or subsequent time, the clinical
19.15 	or equivalent examination administered by the Association of
19.16 	Social Work Boards or a similar examination body designated by
19.17 	the board if the applicant:
19.18 	(1) meets all requirements specified in paragraphs (a) to
19.19 	(d) other than passing the clinical or equivalent examination
19.20 	administered by the Association of Social Work Boards or a
19.21 	similar examination body designated by the board;
19.22 	(2) provides to the board a description of the efforts the
19.23 	applicant has made to improve the applicant's score and
19.24 	demonstrates to the board's satisfaction that the efforts are
19.25 	likely to improve the score; and 
19.26 	(3) provides to the board letters of recommendation from
19.27 	two licensed social workers attesting to the applicant's ability
19.28 	to practice social work competently and ethically in accordance
19.29 	with professional social work knowledge, skills, and values.
19.30 	(g) An individual must not practice social work until the
19.31 	individual passes the examination and receives a social work
19.32 	license under this section or section 148D.060.  If the board
19.33 	has reason to believe that an applicant may be practicing social
19.34 	work without a license, and the applicant has failed the
19.35 	clinical or equivalent examination administered by the
19.36 	Association of Social Work Boards or a similar examination body
20.1 	designated by the board, the board may notify the applicant's
20.2 	employer that the applicant is not licensed as a social worker.
20.3 	(h) An applicant who was born in a foreign country, who has
20.4 	taken and failed to pass the examination specified in paragraph
20.5 	(a), clause (3), at least once since January 1, 2000, and for
20.6 	whom English is a second language, is eligible for licensure as
20.7 	a social worker if the applicant:
20.8 	(1) provides evidence to the board of compliance with the
20.9 	requirements in paragraph (a), clauses (1), (2), and (4) to (7),
20.10 	and paragraphs (b) to (d) and (g); and 
20.11 	(2) provides to the board letters of recommendation and
20.12 	experience ratings from two licensed social workers and one
20.13 	professor from the applicant's social work program who can
20.14 	attest to the applicant's competence.
20.15 	This paragraph expires August 1, 2007.
20.16 		Subd. 6.Degrees from outside the united states or
20.17 	canada. If an applicant receives a degree from a program
20.18 	outside the United States or Canada that is not accredited by
20.19 	the Council on Social Work Education, the Canadian Association
20.20 	of Schools of Social Work, or a similar examination body
20.21 	designated by the board, the degree does not fulfill the
20.22 	requirements specified in subdivision 2, paragraph (a), clause
20.23 	(1); 3, paragraph (a), clause (1); 4, paragraph (a), clause (1);
20.24 	or 5, paragraph (a), clause (1), unless the Council on Social
20.25 	Work Education or a similar accreditation body designated by the
20.26 	board has determined through the council's international
20.27 	equivalency determination service that the degree earned is
20.28 	equivalent to the degree required.
20.29 		Subd. 7.Licensure by endorsement. (a) An applicant for
20.30 	licensure by endorsement must hold a current license or
20.31 	credential to practice social work in another jurisdiction.
20.32 	(b) An applicant for licensure by endorsement who meets the
20.33 	qualifications of paragraph (a) and who demonstrates to the
20.34 	satisfaction of the board that the applicant passed the
20.35 	examination administered by the Association of Social Work
20.36 	Boards or a similar examination body designated by the board for
21.1 	the applicable license in Minnesota is not required to retake
21.2 	the licensing examination.
21.3 	(c) An application for licensure by endorsement must meet
21.4 	the applicable license requirements specified in subdivisions 1
21.5 	to 6 and submit the licensure by endorsement application fee
21.6 	specified in section 148D.180.
21.7 		Subd. 8.Criminal background checks. (a) Except as
21.8 	provided in paragraph (b), an initial license application must
21.9 	be accompanied by:
21.10 	(1) a form provided by the board authorizing the board to
21.11 	complete a criminal background check; and 
21.12 	(2) the criminal background check fee specified by the
21.13 	Bureau of Criminal Apprehension.
21.14 	Criminal background check fees collected by the board must
21.15 	be used to reimburse the Bureau of Criminal Apprehension for the
21.16 	criminal background checks.
21.17 	(b) An applicant who has previously submitted a license
21.18 	application authorizing the board to complete a criminal
21.19 	background check is exempt from the requirement specified in
21.20 	paragraph (a).
21.21 	(c) If a criminal background check indicates that an
21.22 	applicant has engaged in criminal behavior, the board may take
21.23 	action pursuant to sections 148D.255 to 148D.270.
21.24 		Subd. 9.Effective date. The effective date of an
21.25 	initial license is the day on which the board receives the
21.26 	applicable license fee from an applicant approved for licensure.
21.27 		Subd. 10.Expiration date. The expiration date of an
21.28 	initial license is the last day of the licensee's birth month in
21.29 	the second calendar year following the effective date of the
21.30 	initial license.
21.31 		Subd. 11.Change in license. (a) A licensee who changes
21.32 	from a licensed social worker to a licensed graduate social
21.33 	worker, or from a licensed graduate social worker to a licensed
21.34 	independent social worker, or from a licensed graduate social
21.35 	worker or licensed independent social worker to a licensed
21.36 	independent clinical social worker, must pay the prorated share
22.1 	of the fee for the new license.
22.2 	(b) The effective date of the new license is the day on
22.3 	which the board receives the applicable license fee from an
22.4 	applicant approved for the new license.
22.5 	(c) The expiration date of the new license is the same date
22.6 	as the expiration date of the license held by the licensee prior
22.7 	to the change in the license.

22.8 	Sec. 13. [148D.060] TEMPORARY LICENSES.
22.9 		Subdivision 1.Students and other persons not currently
22.10 	licensed in another jurisdiction. The board may issue a
22.11 	temporary license to practice social work to an applicant who is
22.12 	not licensed or credentialed to practice social work in any
22.13 	jurisdiction but has:
22.14 	(1) applied for a license under section 148D.055;
22.15 	(2) applied for a temporary license on a form provided by
22.16 	the board;
22.17 	(3) submitted a form provided by the board authorizing the
22.18 	board to complete a criminal background check;
22.19 	(4) passed the applicable licensure examination provided
22.20 	for in section 148D.055;
22.21 	(5) attested on a form provided by the board that the
22.22 	applicant has completed the requirements for a baccalaureate or
22.23 	graduate degree in social work from a program accredited by the
22.24 	Council on Social Work Education, the Canadian Association of
22.25 	Schools of Social Work, or a similar accreditation body
22.26 	designated by the board; and 
22.27 	(6) not engaged in conduct that was or would be in
22.28 	violation of the standards of practice specified in sections
22.29 	148D.195 to 148D.240.  If the applicant has engaged in conduct
22.30 	that was or would be in violation of the standards of practice,
22.31 	the board may take action pursuant to sections 148D.255 to
22.32 	148D.270.
22.33 		Subd. 2.Emergency situations and persons currently
22.34 	licensed in another jurisdiction. The board may issue a
22.35 	temporary license to practice social work to an applicant who is
22.36 	licensed or credentialed to practice social work in another
23.1 	jurisdiction, may or may not have applied for a license under
23.2 	section 148D.055, and has:
23.3 	(1) applied for a temporary license on a form provided by
23.4 	the board;
23.5 	(2) submitted a form provided by the board authorizing the
23.6 	board to complete a criminal background check;
23.7 	(3) submitted evidence satisfactory to the board that the
23.8 	applicant is currently licensed or credentialed to practice
23.9 	social work in another jurisdiction;
23.10 	(4) attested on a form provided by the board that the
23.11 	applicant has completed the requirements for a baccalaureate or
23.12 	graduate degree in social work from a program accredited by the
23.13 	Council on Social Work Education, the Canadian Association of
23.14 	Schools of Social Work, or a similar accreditation body
23.15 	designated by the board; and 
23.16 	(5) not engaged in conduct that was or would be in
23.17 	violation of the standards of practice specified in sections
23.18 	148D.195 to 148D.240.  If the applicant has engaged in conduct
23.19 	that was or would be in violation of the standards of practice,
23.20 	the board may take action pursuant to sections 148D.255 to
23.21 	148D.270.
23.22 		Subd. 3.Teachers. The board may issue a temporary
23.23 	license to practice social work to an applicant whose permanent
23.24 	residence is outside the United States, who is teaching social
23.25 	work at an academic institution in Minnesota for a period not to
23.26 	exceed 12 months, who may or may not have applied for a license
23.27 	under section 148D.055, and who has:
23.28 	(1) applied for a temporary license on a form provided by
23.29 	the board;
23.30 	(2) submitted a form provided by the board authorizing the
23.31 	board to complete a criminal background check;
23.32 	(3) attested on a form provided by the board that the
23.33 	applicant has completed the requirements for a baccalaureate or
23.34 	graduate degree in social work; and 
23.35 	(4) has not engaged in conduct that was or would be in
23.36 	violation of the standards of practice specified in sections
24.1 	148D.195 to 148D.240.  If the applicant has engaged in conduct
24.2 	that was or would be in violation of the standards of practice,
24.3 	the board may take action pursuant to sections 148D.255 to
24.4 	148D.270.
24.5 		Subd. 4.Temporary license application fee. An applicant
24.6 	for a temporary license must pay the application fee described
24.7 	in section 148D.180 plus the required fee for the cost of the
24.8 	criminal background check.  Only one fee for the cost of the
24.9 	criminal background check must be submitted when the applicant
24.10 	is applying for both a temporary license and a license under
24.11 	section 148D.055.
24.12 		Subd. 5.Temporary license term. (a) A temporary license
24.13 	is valid until expiration, or until the board issues or denies
24.14 	the license pursuant to section 148D.055, or until the board
24.15 	revokes the temporary license, whichever comes first.  A
24.16 	temporary license is nonrenewable.
24.17 	(b) A temporary license issued pursuant to subdivision 1 or
24.18 	2 expires after six months.
24.19 	(c) A temporary license issued pursuant to subdivision 3
24.20 	expires after 12 months.
24.21 		Subd. 6.Licensee with a temporary license who has
24.22 	completed requirements for a baccalaureate degree. A licensee
24.23 	with a temporary license who has provided evidence to the board
24.24 	that the licensee has completed the requirements for a
24.25 	baccalaureate degree in social work from a program accredited by
24.26 	the Council on Social Work Education, the Canadian Association
24.27 	of Schools of Social Work, or a similar accreditation body
24.28 	designated by the board may temporarily engage in social work
24.29 	practice except that a licensee with a temporary license may not
24.30 	engage in clinical social work practice.
24.31 		Subd. 7.Licensee with a temporary license who has
24.32 	completed requirements for a graduate degree. A licensee with a
24.33 	temporary license who has provided evidence to the board that
24.34 	the licensee has completed the requirements for a graduate
24.35 	degree in social work from a program accredited by the Council
24.36 	on Social Work Education, the Canadian Association of Schools of
25.1 	Social Work, or a similar accreditation body designated by the
25.2 	board may temporarily engage in social work practice, including
25.3 	clinical practice.
25.4 		Subd. 8.Supervision requirements. (a) Except as
25.5 	provided in paragraph (b), an applicant who is not currently
25.6 	licensed or credentialed to practice social work in another
25.7 	jurisdiction and who obtains a temporary license may practice
25.8 	social work only under the supervision of an individual licensed
25.9 	as a social worker who is eligible to provide supervision under
25.10 	sections 148D.100 to 148D.125.  Before the applicant is approved
25.11 	for licensure, the applicant's supervisor must attest to the
25.12 	board's satisfaction that the applicant has practiced social
25.13 	work under supervision.  This supervision applies toward the
25.14 	supervision required after licensure.
25.15 	(b) If an applicant is currently licensed or credentialed
25.16 	to practice social work in another jurisdiction, and receives a
25.17 	temporary license pursuant to subdivision 3, the requirements
25.18 	specified in paragraph (a) do not apply.  However, if an
25.19 	applicant with a temporary license chooses to practice social
25.20 	work under supervision, the supervision applies to the
25.21 	requirements specified in sections 148D.100 to 148D.125.
25.22 		Subd. 9.Prohibition on practice. An applicant for a
25.23 	temporary license must not practice social work in Minnesota,
25.24 	except as provided in section 148D.065, until the applicant has
25.25 	been granted a temporary license.
25.26 		Subd. 10.Representation of professional status. In
25.27 	making representations of professional status to the public, a
25.28 	licensee with a temporary license must state that the licensee
25.29 	has a temporary license.
25.30 		Subd. 11.Standards of practice. A licensee with a
25.31 	temporary license must conduct all professional activities as a
25.32 	social worker in accordance with the requirements of sections
25.33 	148D.195 to 148D.240.
25.34 		Subd. 12.Ineligibility. An applicant who is currently
25.35 	practicing social work in Minnesota in a setting that is not
25.36 	exempt under section 148D.065 at the time of application is
26.1 	ineligible for a temporary license.
26.2 		Subd. 13.Revocation of temporary license. The board may
26.3 	immediately revoke the temporary license of any licensee who
26.4 	violates any requirements of this section.  The revocation must
26.5 	be made for cause, without notice or opportunity to be heard.  A
26.6 	licensee whose temporary license is revoked must immediately
26.7 	return the temporary license to the board.

26.8 	Sec. 14. [148D.065] EXEMPTIONS.
26.9 		Subdivision 1.Other professionals. Nothing in this
26.10 	chapter may be construed to prevent members of other professions
26.11 	or occupations from performing functions for which they are
26.12 	qualified or licensed.  This exception includes but is not
26.13 	limited to:  licensed physicians, registered nurses, licensed
26.14 	practical nurses, licensed psychologists, psychological
26.15 	practitioners, probation officers, members of the clergy,
26.16 	attorneys, marriage and family therapists, alcohol and drug
26.17 	counselors, professional counselors, school counselors, and
26.18 	registered occupational therapists or certified occupational
26.19 	therapist assistants.  These persons must not, however, hold
26.20 	themselves out to the public by any title or description stating
26.21 	or implying that they are engaged in the practice of social
26.22 	work, or that they are licensed to engage in the practice of
26.23 	social work.  Persons engaged in the practice of social work are
26.24 	not exempt from the board's jurisdiction solely by the use of
26.25 	one of the titles in this subdivision.
26.26 		Subd. 2.Students. An internship, externship, or any
26.27 	other social work experience that is required for the completion
26.28 	of an accredited program of social work does not constitute the
26.29 	practice of social work under this chapter.
26.30 		Subd. 3.Geographic waiver. A geographic waiver may be
26.31 	granted by the board on a case-by-case basis to agencies with
26.32 	special regional hiring problems.  The waiver is for the purpose
26.33 	of permitting agencies to hire individuals who do not meet the
26.34 	qualifications of section 148D.055 or 148D.060 to practice
26.35 	social work.
26.36 		Subd. 4.City, county, and state agency social
27.1 	workers. The licensure of city, county, and state agency social
27.2 	workers is voluntary.  City, county, and state agencies
27.3 	employing social workers are not required to employ licensed
27.4 	social workers.
27.5 		Subd. 5.Federally recognized tribes and private
27.6 	nonprofit agencies with a minority focus. The licensure of
27.7 	social workers who are employed by federally recognized tribes,
27.8 	or by private nonprofit agencies whose primary service focus
27.9 	addresses ethnic minority populations, and who are themselves
27.10 	members of ethnic minority populations within those agencies, is
27.11 	voluntary.

27.12 	Sec. 15. [148D.070] LICENSE RENEWALS.
27.13 		Subdivision 1.License renewal term. (a) If a license is
27.14 	renewed, the license must be renewed for a two-year renewal
27.15 	term.  The renewal term is the period from the effective date of
27.16 	an initial or renewed license to the expiration date of the
27.17 	license.
27.18 	(b) The effective date of a renewed license is the day
27.19 	following the expiration date of the expired license.
27.20 	(c) The expiration date of a renewed license is the last
27.21 	day of the licensee's birth month in the second calendar year
27.22 	following the effective date of the renewed license.
27.23 		Subd. 2.Mailing license renewal notices. The board must
27.24 	mail a notice for license renewal to a licensee at least 45 days
27.25 	before the expiration date of the license.  Mailing the notice
27.26 	by United States mail to the licensee's last known mailing
27.27 	address constitutes valid mailing.  Failure to receive the
27.28 	renewal notice does not relieve a licensee of the obligation to
27.29 	renew a license and to pay the renewal fee.
27.30 		Subd. 3.Submitting license renewal applications. (a) In
27.31 	order to renew a license, a licensee must submit:
27.32 	(1) a completed, signed application for license renewal;
27.33 	and 
27.34 	(2) the applicable renewal fee specified in section
27.35 	148D.180.
27.36 	The completed, signed application and renewal fee must be
28.1 	received by the board prior to midnight of the day of the
28.2 	license expiration date.  For renewals submitted electronically,
28.3 	a "signed application" means providing an attestation as
28.4 	specified by the board.
28.5 	(b) An application which is not completed and signed, or
28.6 	which is not accompanied by the correct fee, must be returned to
28.7 	the applicant, along with any fee submitted, and is void.
28.8 	(c) The completed, signed application must include
28.9 	documentation that the licensee has met the continuing education
28.10 	requirements specified in sections 148D.130 to 148D.170 and, if
28.11 	applicable, the supervised practice requirements specified in
28.12 	sections 148D.100 to 148D.125.
28.13 	(d) By submitting a renewal application, an applicant
28.14 	authorizes the board to:
28.15 	(1) investigate any information provided or requested in
28.16 	the application.  The board may request that the applicant
28.17 	provide additional information, verification, or documentation;
28.18 	(2) conduct an audit to determine if the applicant has met
28.19 	the continuing education requirements specified in sections
28.20 	148D.130 to 148D.170; and 
28.21 	(3) if applicable, conduct an audit to determine whether
28.22 	the applicant has met the supervision requirements specified in
28.23 	sections 148D.100 to 148D.125.
28.24 	(e) If a licensee's application for license renewal meets
28.25 	the requirements specified in paragraph (a), the licensee may
28.26 	continue to practice after the license expiration date until the
28.27 	board approves or denies the application.
28.28 		Subd. 4.Renewal late fee. An application that is
28.29 	received after the license expiration date must be accompanied
28.30 	by the renewal late fee specified in section 148D.180 in
28.31 	addition to the applicable renewal fee.  The application,
28.32 	renewal fee, and renewal late fee must be received by the board
28.33 	within 60 days of the license expiration date, or the license
28.34 	automatically expires.
28.35 		Subd. 5.Expired license. (a) If an application does not
28.36 	meet the requirements specified in subdivisions 3 and 4, the
29.1 	license automatically expires.  A licensee whose license has
29.2 	expired may reactivate a license by meeting the requirements in
29.3 	section 148D.080 or be relicensed by meeting the requirements
29.4 	specified in section 148D.055.
29.5 	(b) The board may take action pursuant to sections 148D.255
29.6 	to 148D.270 based on a licensee's conduct before the expiration
29.7 	of the license.
29.8 	(c) An expired license may be reactivated within one year
29.9 	of the expiration date specified in section 148D.080.  After one
29.10 	year of the expiration date, an individual may apply for a new
29.11 	license pursuant to section 148D.055.

29.12 	Sec. 16. [148D.075] INACTIVE LICENSES.
29.13 		Subdivision 1.Inactive status. (a) A licensee qualifies
29.14 	for inactive status under either of the circumstances described
29.15 	in paragraph (b) or (c).
29.16 	(b) A licensee qualifies for inactive status when the
29.17 	licensee is granted temporary leave from active practice.  A
29.18 	licensee qualifies for temporary leave from active practice if
29.19 	the licensee demonstrates to the satisfaction of the board that
29.20 	the licensee is not engaged in the practice of social work in
29.21 	any setting, including settings in which social workers are
29.22 	exempt from licensure pursuant to section 148D.065.  A licensee
29.23 	who is granted temporary leave from active practice may
29.24 	reactivate the license pursuant to section 148D.080.
29.25 	(c) A licensee qualifies for inactive status when a
29.26 	licensee is granted an emeritus license.  A licensee qualifies
29.27 	for an emeritus license if the licensee demonstrates to the
29.28 	satisfaction of the board that:
29.29 	(i) the licensee is retired from social work practice; and 
29.30 	(ii) the licensee is not engaged in the practice of social
29.31 	work in any setting, including settings in which social workers
29.32 	are exempt from licensure pursuant to section 148D.065.
29.33 	A licensee who possesses an emeritus license may reactivate the
29.34 	license pursuant to section 148D.080.
29.35 		Subd. 2.Application. A licensee may apply for inactive
29.36 	status:
30.1 	(1) at any time by submitting an application for a
30.2 	temporary leave from active practice or for an emeritus license;
30.3 	or 
30.4 	(2) as an alternative to applying for the renewal of a
30.5 	license by so recording on the application for license renewal
30.6 	and submitting the completed, signed application to the board.
30.7 	An application that is not completed or signed, or that is
30.8 	not accompanied by the correct fee, must be returned to the
30.9 	applicant, along with any fee submitted, and is void.  For
30.10 	applications submitted electronically, a "signed application"
30.11 	means providing an attestation as specified by the board.
30.12 		Subd. 3.Fee. (a) Regardless of when the application for
30.13 	inactive status is submitted, the temporary leave or emeritus
30.14 	license fee specified in section 148D.180, whichever is
30.15 	applicable, must accompany the application.  A licensee who is
30.16 	approved for inactive status before the license expiration date
30.17 	is not entitled to receive a refund for any portion of the
30.18 	license or renewal fee.
30.19 	(b) If an application for temporary leave is received after
30.20 	the license expiration date, the licensee must pay a renewal
30.21 	late fee as specified in section 148D.180 in addition to the
30.22 	temporary leave fee.
30.23 		Subd. 4.Time limits for temporary leaves. A licensee
30.24 	may maintain an inactive license on temporary leave for no more
30.25 	than five consecutive years.  If a licensee does not apply for
30.26 	reactivation within 60 days following the end of the consecutive
30.27 	five-year period, the license automatically expires.
30.28 		Subd. 5.Time limits for an emeritus license. A licensee
30.29 	with an emeritus license may not apply for reactivation pursuant
30.30 	to section 148D.080 after five years following the granting of
30.31 	the emeritus license.  However, after five years following the
30.32 	granting of the emeritus license, an individual may apply for
30.33 	new licensure pursuant to section 148D.055.
30.34 		Subd. 6.Prohibition on practice. (a) Except as provided
30.35 	in paragraph (b), a licensee whose license is inactive must not
30.36 	practice, attempt to practice, offer to practice, or advertise
31.1 	or hold out as authorized to practice social work.
31.2 	(b) The board may grant a variance to the requirements of
31.3 	paragraph (a) if a licensee on inactive status provides
31.4 	emergency social work services.  A variance is granted only if
31.5 	the board provides the variance in writing to the licensee.  The
31.6 	board may impose conditions or restrictions on the variance.
31.7 		Subd. 7.Representations of professional status. In
31.8 	making representations of professional status to the public, a
31.9 	licensee whose license is inactive must state that the license
31.10 	is inactive and that the licensee cannot practice social work.
31.11 		Subd. 8.Disciplinary or other action. The board may
31.12 	resolve any pending complaints against a licensee before
31.13 	approving an application for inactive status.  The board may
31.14 	take action pursuant to sections 148D.255 to 148D.270 against a
31.15 	licensee whose license is inactive based on conduct occurring
31.16 	before the license is inactive or conduct occurring while the
31.17 	license is inactive.

31.18 	Sec. 17. [148D.080] REACTIVATIONS.
31.19 		Subdivision 1.Mailing notices to licensees on temporary
31.20 	leave. The board must mail a notice for reactivation to a
31.21 	licensee on temporary leave at least 45 days before the
31.22 	expiration date of the license pursuant to section 148D.075,
31.23 	subdivision 4.  Mailing the notice by United States mail to the
31.24 	licensee's last known mailing address constitutes valid
31.25 	mailing.  Failure to receive the reactivation notice does not
31.26 	relieve a licensee of the obligation to comply with the
31.27 	provisions of this section to reactivate a license.
31.28 		Subd. 2.Reactivation from a temporary leave or emeritus
31.29 	status. To reactivate a license from a temporary leave or
31.30 	emeritus status, a licensee must do the following within the
31.31 	time period specified in section 148D.075, subdivisions 4 and 5:
31.32 	(1) complete an application form specified by the board;
31.33 	(2) document compliance with the continuing education
31.34 	requirements specified in subdivision 4;
31.35 	(3) submit a supervision plan, if required;
31.36 	(4) pay the reactivation of an inactive licensee fee
32.1 	specified in section 148D.180; and 
32.2 	(5) pay the wall certificate fee in accordance with section
32.3 	148D.095, subdivision 1, paragraph (b) or (c), if the licensee
32.4 	needs a duplicate license.
32.5 		Subd. 3.Reactivation of an expired license. To
32.6 	reactivate an expired license, a licensee must do the following
32.7 	within one year of the expiration date:
32.8 	(1) complete an application form specified by the board;
32.9 	(2) document compliance with the continuing education
32.10 	requirements that were in effect at the time the license
32.11 	expired;
32.12 	(3) document compliance with the supervision requirements,
32.13 	if applicable, that were in effect at the time the license
32.14 	expired; and 
32.15 	(4) pay the reactivation of an expired license fee
32.16 	specified in section 148D.180.
32.17 		Subd. 4.Continuing education requirements. (a) A
32.18 	licensee who is on temporary leave or who has an emeritus
32.19 	license must obtain the continuing education hours that would be
32.20 	required if the license was active.  At the time of
32.21 	reactivation, the licensee must document compliance with the
32.22 	continuing education requirements specified in sections 148D.130
32.23 	to 148D.170.
32.24 	(b) A licensee applying for reactivation pursuant to
32.25 	subdivision 2 or 3 may apply for a variance to the continuing
32.26 	education requirements pursuant to sections 148D.130 to 148D.170.
32.27 		Subd. 5.Reactivation of a voluntarily terminated
32.28 	license. To reactivate a voluntarily terminated license, a
32.29 	licensee must do the following within one year of the date the
32.30 	voluntary termination takes effect:
32.31 	(1) complete an application form specified by the board;
32.32 	(2) document compliance with the continued education
32.33 	requirements that were in effect at the time the license was
32.34 	voluntarily terminated;
32.35 	(3) document compliance with the supervision requirements,
32.36 	if applicable, that were in effect at the time the license was
33.1 	voluntarily terminated; and 
33.2 	(4) pay the reactivation of an expired or voluntarily
33.3 	terminated license fee specified in section 148D.180.

33.4 	Sec. 18. [148D.085] VOLUNTARY TERMINATIONS.
33.5 		Subdivision 1.Requests for voluntary termination. (a) A
33.6 	licensee may request voluntary termination of a license if the
33.7 	licensee demonstrates to the satisfaction of the board that the
33.8 	licensee is not engaged in the practice of social work in any
33.9 	setting except settings in which social workers are exempt from
33.10 	licensure pursuant to section 148D.065.
33.11 	(b) A licensee may apply for voluntary termination:
33.12 	(1) at any time by submitting an application; or 
33.13 	(2) as an alternative to applying for the renewal of a
33.14 	license by so recording on the application for license renewal
33.15 	and submitting the completed, signed application to the board.
33.16 	For applications submitted electronically, a "signed
33.17 	application" means providing an attestation as specified by the
33.18 	board.  An application that is not completed and signed must be
33.19 	returned to the applicant and is void.
33.20 	(c) The board may resolve any pending complaints against a
33.21 	licensee before approving a request for voluntary termination.
33.22 		Subd. 2.Application for new licensure. A licensee who
33.23 	has voluntarily terminated a license may not reactivate the
33.24 	license after one year following the date the voluntary
33.25 	termination takes effect.  However, a licensee who has
33.26 	voluntarily terminated a license may apply for a new license
33.27 	pursuant to section 148D.055.
33.28 		Subd. 3.Prohibition on practice. A licensee who has
33.29 	voluntarily terminated a license must not practice, attempt to
33.30 	practice, offer to practice, or advertise or hold out as
33.31 	authorized to practice social work, except when the individual
33.32 	is exempt from licensure pursuant to section 148D.065.
33.33 		Subd. 4.Disciplinary or other action. The board may
33.34 	take action pursuant to sections 148D.255 to 148D.270 against a
33.35 	licensee whose license has been terminated based on conduct
33.36 	occurring before the license is terminated or for practicing
34.1 	social work without a license.

34.2 	Sec. 19. [148D.090] NAME; CHANGE OF NAME OR ADDRESS.
34.3 		Subdivision 1.Name. A licensee must use the licensee's
34.4 	legal name or a professional name.  If the licensee uses a
34.5 	professional name, the licensee must inform the board in writing
34.6 	of both the licensee's professional name and legal name and must
34.7 	comply with the requirements of this section.
34.8 		Subd. 2.Legal name change. Within 30 days after
34.9 	changing the licensee's legal name, a licensee must:
34.10 	(1) request a new license wall certificate;
34.11 	(2) provide legal verification of the name change; and 
34.12 	(3) pay the license wall certificate fee specified in
34.13 	section 148D.180.
34.14 		Subd. 3.Professional name change. Within 30 days after
34.15 	changing the licensee's professional name, a licensee must:
34.16 	(1) request a new license wall certificate;
34.17 	(2) provide a notarized statement attesting to the name
34.18 	change; and 
34.19 	(3) pay the license wall certificate fee specified in
34.20 	section 148D.180.
34.21 		Subd. 4.Address or telephone change. When a licensee
34.22 	changes a mailing address, home address, work address, e-mail
34.23 	address, or daytime public telephone number, the licensee must
34.24 	notify the board of the change electronically or in writing no
34.25 	more than 30 days after the date of the change.

34.26 	Sec. 20. [148D.095] LICENSE CERTIFICATE OR CARD.
34.27 		Subdivision 1.License wall certificate. (a) The board
34.28 	must issue a new license wall certificate when the board issues
34.29 	a new license.  No fee in addition to the applicable license fee
34.30 	specified in section 148D.180 is required.
34.31 	(b) The board must replace a license wall certificate when:
34.32 	(1) a licensee submits an affidavit to the board that the
34.33 	original license wall certificate was lost, stolen, or
34.34 	destroyed; and 
34.35 	(2) the licensee submits the license wall certificate fee
34.36 	specified in section 148D.180.
35.1 	(c) The board must issue a revised license wall certificate
35.2 	when:
35.3 	(1) a licensee requests a revised license wall certificate
35.4 	pursuant to section 148D.095; and 
35.5 	(2) submits the license wall certificate fee specified in
35.6 	section 148D.180.
35.7 	(d) The board must issue an additional license wall
35.8 	certificate when:
35.9 	(1) a licensee submits a written request for a new
35.10 	certificate because the licensee practices in more than one
35.11 	location; and 
35.12 	(2) the licensee submits the license wall certificate fee
35.13 	specified in section 148D.180.
35.14 		Subd. 2.License card. (a) The board must issue a new
35.15 	license card when the board issues a new license.  No fee in
35.16 	addition to the applicable license fee specified in section
35.17 	148D.180 is required.
35.18 	(b) The board must replace a license card when a licensee
35.19 	submits:
35.20 	(1) an affidavit to the board that the original license
35.21 	card was lost, stolen, or destroyed; and 
35.22 	(2) the license card fee specified in section 148D.180.
35.23 	(c) The board must issue a revised license card when the
35.24 	licensee submits a written request for a new license wall
35.25 	certificate because of a new professional or legal name pursuant
35.26 	to section 148D.090, subdivision 2 or 3.  No fee in addition to
35.27 	the one specified in subdivision 1, paragraph (b), is required.
35.28 	SUPERVISED PRACTICE

35.29 	Sec. 21. [148D.100] LICENSED SOCIAL WORKERS; SUPERVISED
35.30 	PRACTICE.
35.31 		Subdivision 1.Supervision required after licensure.
 35.32 	After receiving a license from the board as a licensed social
35.33 	worker, the licensed social worker must obtain at least 75 hours
35.34 	of supervision in accordance with the requirements of this
35.35 	section.
35.36 		Subd. 2.Practice requirements. The supervision required
36.1 	by subdivision 1 must be obtained during the first 4,000 hours
36.2 	of postbaccalaureate social work practice authorized by law.  At
36.3 	least three hours of supervision must be obtained during every
36.4 	160 hours of practice.
36.5 		Subd. 3.Types of supervision. (a) Thirty-seven and
36.6 	one-half hours of the supervision required by subdivision 1 must
36.7 	consist of one-on-one in-person supervision.
36.8 	(b) Thirty-seven and one-half hours must consist of one or
36.9 	more of the following types of supervision, subject to the
36.10 	limitation in clause (3):
36.11 	(1) one-on-one in-person supervision;
36.12 	(2) in-person group supervision; or 
36.13 	(3) electronic supervision such as by telephone or video
36.14 	conferencing, provided that electronic supervision must not
36.15 	exceed 25 hours.
36.16 	(c) To qualify as in-person group supervision, the group
36.17 	must not exceed seven members including the supervisor.
36.18 		Subd. 4.Supervisor requirements. The supervision
36.19 	required by subdivision 1 must be provided by a supervisor who:
36.20 	(1) is a licensed social worker who has completed the
36.21 	supervised practice requirements;
36.22 	(2) is a licensed graduate social worker, licensed
36.23 	independent social worker, or licensed independent clinical
36.24 	social worker; or 
36.25 	(3) meets the requirements specified in section 148D.120,
36.26 	subdivision 2.
36.27 		Subd. 5.Supervisee requirements. The supervisee must:
36.28 	(1) to the satisfaction of the supervisor, practice
36.29 	competently and ethically in accordance with professional social
36.30 	work knowledge, skills, and values;
36.31 	(2) receive supervision in the following content areas:
36.32 	(i) development of professional values and
36.33 	responsibilities;
36.34 	(ii) practice skills;
36.35 	(iii) authorized scope of practice;
36.36 	(iv) ensuring continuing competence; and 
37.1 	(v) ethical standards of practice;
37.2 	(3) submit a supervision plan in accordance with section
37.3 	148D.125, subdivision 1; and 
37.4 	(4) if the board audits the supervisee's supervised
37.5 	practice, submit verification of supervised practice in
37.6 	accordance with section 148D.125, subdivision 3.
37.7 		Subd. 6.After completion of supervision requirements. A
37.8 	licensed social worker who fulfills the supervision requirements
37.9 	specified in subdivisions 1 to 5 is not required to be
37.10 	supervised after completion of the supervision requirements.
37.11 		Subd. 7.Attestation. The social worker and the social
37.12 	worker's supervisor must attest that the supervisee has met or
37.13 	has made progress on meeting the applicable supervision
37.14 	requirements in accordance with section 148D.125, subdivision 2.

37.15 	Sec. 22. [148D.105] LICENSED GRADUATE SOCIAL WORKERS;
37.16 	SUPERVISED PRACTICE.
37.17 		Subdivision 1.Supervision required after
37.18 	licensure. After receiving a license from the board as a
37.19 	licensed graduate social worker, a licensed graduate social
37.20 	worker must obtain at least 75 hours of supervision in
37.21 	accordance with the requirements of this section.
37.22 		Subd. 2.Practice requirements. The supervision required
37.23 	by subdivision 1 must be obtained during the first 4,000 hours
37.24 	of postgraduate social work practice authorized by law.  At
37.25 	least three hours of supervision must be obtained during every
37.26 	160 hours of practice.
37.27 		Subd. 3.Types of supervision. (a) Thirty-seven and
37.28 	one-half hours of the supervision required by subdivision 1 must
37.29 	consist of one-on-one in-person supervision.
37.30 	(b) Thirty-seven and one-half hours must consist of one or
37.31 	more of the following types of supervision, subject to the
37.32 	limitation in clause (3):
37.33 	(1) one-on-one in-person supervision;
37.34 	(2) in-person group supervision; or 
37.35 	(3) electronic supervision such as by telephone or video
37.36 	conferencing, provided that electronic supervision must not
38.1 	exceed 25 hours.
38.2 	(c) To qualify as in-person group supervision, the group
38.3 	must not exceed seven members including the supervisor.
38.4 		Subd. 4.Supervisor requirements. The supervision
38.5 	required by subdivision 1 must be provided by a supervisor who
38.6 	meets the requirements specified in section 148D.120.  The
38.7 	supervision must be provided:
38.8 	(1) if the supervisee is not engaged in clinical practice,
38.9 	by a (i) licensed independent social worker, (ii) licensed
38.10 	graduate social worker who has completed the supervised practice
38.11 	requirements, or (iii) licensed independent clinical social
38.12 	worker;
38.13 	(2) if the supervisee is engaged in clinical practice, by a
38.14 	licensed independent clinical social worker; or 
38.15 	(3) by a supervisor who meets the requirements specified in
38.16 	section 148D.120, subdivision 2.
38.17 		Subd. 5.Supervisee requirements. The supervisee must:
38.18 	(1) to the satisfaction of the supervisor, practice
38.19 	competently and ethically in accordance with professional social
38.20 	work knowledge, skills, and values;
38.21 	(2) receive supervision in the following content areas:
38.22 	(i) development of professional values and
38.23 	responsibilities;
38.24 	(ii) practice skills;
38.25 	(iii) authorized scope of practice;
38.26 	(iv) ensuring continuing competence; and 
38.27 	(v) ethical standards of practice;
38.28 	(3) submit a supervision plan in accordance with section
38.29 	148D.125, subdivision 1; and 
38.30 	(4) verify supervised practice in accordance with section
38.31 	148D.125, subdivision 3, if:
38.32 	(i) the board audits the supervisee's supervised practice;
38.33 	or 
38.34 	(ii) a licensed graduate social worker applies for a
38.35 	licensed independent social worker or licensed independent
38.36 	clinical social worker license.
39.1 		Subd. 6.Licensed graduate social workers who practice
39.2 	clinical social work. (a) A licensed graduate social worker
39.3 	must not engage in clinical social work practice except under
39.4 	supervision by a licensed independent clinical social worker or
39.5 	an alternate supervisor designated pursuant to section 148D.120,
39.6 	subdivision 2.
39.7 	(b) Except as provided in paragraph (c), a licensed
39.8 	graduate social worker must not engage in clinical social work
39.9 	practice under supervision for more than 8,000 hours.  In order
39.10 	to practice clinical social work for more than 8,000 hours, a
39.11 	licensed graduate social worker must obtain a licensed
39.12 	independent clinical social worker license.
39.13 	(c) Notwithstanding the requirements of paragraph (b), the
39.14 	board may grant a licensed graduate social worker permission to
39.15 	engage in clinical social work practice for more than 8,000
39.16 	hours if the licensed graduate social worker petitions the board
39.17 	and demonstrates to the board's satisfaction that for reasons of
39.18 	personal hardship the licensed graduate social worker should be
39.19 	granted an extension to continue practicing clinical social work
39.20 	under supervision for up to an additional 2,000 hours.
39.21 	(d) Upon completion of 4,000 hours of clinical social work
39.22 	practice and 75 hours of supervision in accordance with the
39.23 	requirements of this section, a licensed graduate social worker
39.24 	is eligible to apply for a licensed independent clinical social
39.25 	worker license pursuant to section 148D.115, subdivision 1.
39.26 		Subd. 7.Licensed graduate social workers who do not
39.27 	practice clinical social work. A licensed graduate social
39.28 	worker who fulfills the supervision requirements specified in
39.29 	subdivisions 1 to 5, and who does not practice clinical social
39.30 	work, is not required to be supervised after completion of the
39.31 	supervision requirements.
39.32 		Subd. 8.Attestation. A social worker and the social
39.33 	worker's supervisor must attest that the supervisee has met or
39.34 	has made progress on meeting the applicable supervision
39.35 	requirements in accordance with section 148D.125, subdivision 2.

39.36 	Sec. 23. [148D.110] LICENSED INDEPENDENT SOCIAL WORKERS;
40.1 	SUPERVISED PRACTICE.
40.2 		Subdivision 1.Supervision required before
40.3 	licensure. Before becoming licensed as a licensed independent
40.4 	social worker, a person must have obtained at least 75 hours of
40.5 	supervision during 4,000 hours of postgraduate social work
40.6 	practice authorized by law in accordance with the requirements
40.7 	of section 148D.105, subdivisions 3, 4, and 5.  At least three
40.8 	hours of supervision must be obtained during every 160 hours of
40.9 	practice.
40.10 		Subd. 2.Licensed independent social workers who practice
40.11 	clinical social work after licensure. (a) After licensure, a
40.12 	licensed independent social worker must not engage in clinical
40.13 	social work practice except under supervision by a licensed
40.14 	independent clinical social worker or an alternate supervisor
40.15 	designated pursuant to section 148D.120, subdivision 2.
40.16 	(b) Except as provided in paragraph (c), a licensed
40.17 	independent social worker must not engage in clinical social
40.18 	work practice under supervision for more than 8,000 hours.  In
40.19 	order to practice clinical social work for more than 8,000
40.20 	hours, a licensed independent social worker must obtain a
40.21 	licensed independent clinical social worker license.
40.22 	(c) Notwithstanding the requirements of paragraph (b), the
40.23 	board may grant a licensed independent social worker permission
40.24 	to engage in clinical social work practice for more than 8,000
40.25 	hours if the licensed independent social worker petitions the
40.26 	board and demonstrates to the board's satisfaction that for
40.27 	reasons of personal hardship the licensed independent social
40.28 	worker should be granted an extension to continue practicing
40.29 	clinical social work under supervision for up to an additional
40.30 	2,000 hours.
40.31 		Subd. 3.Licensed independent social workers who do not
40.32 	practice clinical social work after licensure. After licensure,
40.33 	a licensed independent social worker is not required to be
40.34 	supervised if the licensed independent social worker does not
40.35 	practice clinical social work.

40.36 	Sec. 24. [148D.115] LICENSED INDEPENDENT CLINICAL SOCIAL
41.1 	WORKERS; SUPERVISED PRACTICE.
41.2 		Subdivision 1.Supervision required before
41.3 	licensure. Before becoming licensed as a licensed independent
41.4 	clinical social worker, a person must have obtained at least 75
41.5 	hours of supervision during 4,000 hours of postgraduate clinical
41.6 	practice authorized by law in accordance with the requirements
41.7 	of section 148D.105, subdivisions 3, 4, and 5.  At least three
41.8 	hours of supervision must be obtained during every 160 hours of
41.9 	practice.
41.10 		Subd. 2.No supervision required after licensure. After
41.11 	licensure, a licensed independent clinical social worker is not
41.12 	required to be supervised.

41.13 	Sec. 25. [148D.120] REQUIREMENTS OF SUPERVISORS.
41.14 		Subdivision 1.Supervisors licensed as social workers.
 41.15 	(a) Except as provided in paragraph (b), to be eligible to
41.16 	provide supervision under this section, a social worker must
41.17 	attest, on a form provided by the board, that he or she has met
41.18 	the applicable licensure requirements specified in sections
41.19 	148D.100 to 148D.115.
41.20 	(b) If the board determines that supervision is not
41.21 	obtainable from an individual meeting the requirements specified
41.22 	in paragraph (a), the board may approve an alternate supervisor
41.23 	pursuant to subdivision 2.
41.24 		Subd. 2.Alternate supervisors. (a) The board may
41.25 	approve an alternate supervisor if:
41.26 	(1) the board determines that supervision is not obtainable
41.27 	pursuant to paragraph (b);
41.28 	(2) the licensee requests in the supervision plan submitted
41.29 	pursuant to section 148D.125, subdivision 1, that an alternate
41.30 	supervisor conduct the supervision;
41.31 	(3) the licensee describes the proposed supervision and the
41.32 	name and qualifications of the proposed alternate supervisor;
41.33 	and 
41.34 	(4) the requirements of paragraph (d) are met.
41.35 	(b) The board may determine that supervision is not
41.36 	obtainable if:
42.1 	(1) the licensee provides documentation as an attachment to
42.2 	the supervision plan submitted pursuant to section 148D.125,
42.3 	subdivision 1, that the licensee has conducted a thorough search
42.4 	for a supervisor meeting the applicable licensure requirements
42.5 	specified in sections 148D.100 to 148D.115;
42.6 	(2) the licensee demonstrates to the board's satisfaction
42.7 	that the search was unsuccessful; and 
42.8 	(3) the licensee describes the extent of the search and the
42.9 	names and locations of the persons and organizations contacted.
42.10 	(c) The following are not grounds for a determination that
42.11 	supervision is unobtainable:
42.12 	(1) obtaining a supervisor who meets the requirements of
42.13 	subdivision 1 would present the licensee with a financial
42.14 	hardship;
42.15 	(2) the licensee is unable to obtain a supervisor who meets
42.16 	the requirements of subdivision 1 within the licensee's agency
42.17 	or organization and the agency or organization will not allow
42.18 	outside supervision; or 
42.19 	(3) the specialized nature of the licensee's practice
42.20 	requires supervision from a practitioner other than an
42.21 	individual licensed as a social worker.
42.22 	(d) An alternate supervisor must:
42.23 	(1) be an unlicensed social worker who is employed in, and
42.24 	provides the supervision in, a setting exempt from licensure by
42.25 	section 148D.065, and who has qualifications equivalent to the
42.26 	applicable requirements specified in sections 148D.100 to
42.27 	148D.115; or 
42.28 	(2) be a licensed marriage and family therapist or a mental
42.29 	health professional as established by section 245.462,
42.30 	subdivision 18, or 245.4871, subdivision 27, or an equivalent
42.31 	mental health professional, as determined by the board, who is
42.32 	licensed or credentialed by a state, territorial, provincial, or
42.33 	foreign licensing agency.
42.34 	In order to qualify to provide clinical supervision of a
42.35 	licensed graduate social worker or licensed independent social
42.36 	worker engaged in clinical practice, the alternate supervisor
43.1 	must be a mental health professional as established by section
43.2 	245.462, subdivision 18, or 245.4871, subdivision 27, or an
43.3 	equivalent mental health professional, as determined by the
43.4 	board, who is licensed or credentialed by a state, territorial,
43.5 	provincial, or foreign licensing agency.

43.6 	Sec. 26. [148D.125] DOCUMENTATION OF SUPERVISION.
43.7 		Subdivision 1.Supervision plan. (a) A social worker
43.8 	must submit, on a form provided by the board, a supervision plan
43.9 	for meeting the supervision requirements specified in sections
43.10 	148D.100 to 148D.120.
43.11 	(b) The supervision plan must be submitted no later than 90
43.12 	days after the licensee begins a social work practice position
43.13 	after becoming licensed.
43.14 	(c) For failure to submit the supervision plan within 90
43.15 	days after beginning a social work practice position, a licensee
43.16 	must pay the supervision plan late fee specified in section
43.17 	148D.180 when the licensee applies for license renewal.
43.18 	(d) A license renewal application submitted pursuant to
43.19 	paragraph (a) must not be approved unless the board has received
43.20 	a supervision plan.
43.21 	(e) The supervision plan must include the following:
43.22 	(1) the name of the supervisee, the name of the agency in
43.23 	which the supervisee is being supervised, and the supervisee's
43.24 	position title;
43.25 	(2) the name and qualifications of the person providing the
43.26 	supervision;
43.27 	(3) the number of hours of one-on-one in-person supervision
43.28 	and the number and type of additional hours of supervision to be
43.29 	completed by the supervisee;
43.30 	(4) the supervisee's position description;
43.31 	(5) a brief description of the supervision the supervisee
43.32 	will receive in the following content areas:
43.33 	(i) clinical practice, if applicable;
43.34 	(ii) development of professional social work knowledge,
43.35 	skills, and values;
43.36 	(iii) practice methods;
44.1 	(iv) authorized scope of practice;
44.2 	(v) ensuring continuing competence; and 
44.3 	(vi) ethical standards of practice; and 
44.4 	(6) if applicable, a detailed description of the
44.5 	supervisee's clinical social work practice, addressing:
44.6 	(i) the client population, the range of presenting issues,
44.7 	and the diagnoses;
44.8 	(ii) the clinical modalities that were utilized; and 
44.9 	(iii) the process utilized for determining clinical
44.10 	diagnoses, including the diagnostic instruments used and the
44.11 	role of the supervisee in the diagnostic process.
44.12 	(f) The board must receive a revised supervision plan
44.13 	within 90 days of any of the following changes:
44.14 	(1) the supervisee has a new supervisor;
44.15 	(2) the supervisee begins a new social work position;
44.16 	(3) the scope or content of the supervisee's social work
44.17 	practice changes substantially;
44.18 	(4) the number of practice or supervision hours changes
44.19 	substantially; or 
44.20 	(5) the type of supervision changes as supervision is
44.21 	described in section 148D.100, subdivision 3, or 148D.105,
44.22 	subdivision 3, or as required in section 148D.115, subdivision 4.
44.23 	(g) For failure to submit a revised supervised plan as
44.24 	required in paragraph (f), a supervisee must pay the supervision
44.25 	plan late fee specified in section 148D.180, when the supervisee
44.26 	applies for license renewal.
44.27 	(h) The board must approve the supervisor and the
44.28 	supervision plan.
44.29 		Subd. 2.Attestation. (a) When a supervisee submits
44.30 	renewal application materials to the board, the supervisee and
44.31 	supervisor must submit an attestation providing the following
44.32 	information on a form provided by the board:
44.33 	(1) the name of the supervisee, the name of the agency in
44.34 	which the supervisee is being supervised, and the supervisee's
44.35 	position title;
44.36 	(2) the name and qualifications of the supervisor;
45.1 	(3) the number of hours and dates of each type of
45.2 	supervision completed;
45.3 	(4) the supervisee's position description;
45.4 	(5) a declaration that the supervisee has not engaged in
45.5 	conduct in violation of the standards of practice specified in
45.6 	sections 148D.195 to 148D.240;
45.7 	(6) a declaration that the supervisee has practiced
45.8 	competently and ethically in accordance with professional social
45.9 	work knowledge, skills, and values; and 
45.10 	(7) a list of the content areas in which the supervisee has
45.11 	received supervision, including the following:
45.12 	(i) clinical practice, if applicable;
45.13 	(ii) development of professional social work knowledge,
45.14 	skills, and values;
45.15 	(iii) practice methods;
45.16 	(iv) authorized scope of practice;
45.17 	(v) ensuring continuing competence; and 
45.18 	(vi) ethical standards of practice.
45.19 	(b) The information provided on the attestation form must
45.20 	demonstrate to the board's satisfaction that the supervisee has
45.21 	met or has made progress on meeting the applicable supervised
45.22 	practice requirements.
45.23 		Subd. 3.Verification of supervised practice. (a) In
45.24 	addition to receiving the attestation required pursuant to
45.25 	subdivision 2, the board must receive verification of supervised
45.26 	practice if:
45.27 	(1) the board audits the supervision of a supervisee
45.28 	pursuant to section 148D.070, subdivision 3; or 
45.29 	(2) an applicant applies for a license as a licensed
45.30 	independent social worker or as a licensed independent clinical
45.31 	social worker.
45.32 	(b) When verification of supervised practice is required
45.33 	pursuant to paragraph (a), the board must receive from the
45.34 	supervisor the following information on a form provided by the
45.35 	board:
45.36 	(1) the name of the supervisee, the name of the agency in
46.1 	which the supervisee is being supervised, and the supervisee's
46.2 	position title;
46.3 	(2) the name and qualifications of the supervisor;
46.4 	(3) the number of hours and dates of each type of
46.5 	supervision completed;
46.6 	(4) the supervisee's position description;
46.7 	(5) a declaration that the supervisee has not engaged in
46.8 	conduct in violation of the standards of practice specified in
46.9 	sections 148D.195 to 148D.240;
46.10 	(6) a declaration that the supervisee has practiced
46.11 	ethically and competently in accordance with professional social
46.12 	work knowledge, skills, and values;
46.13 	(7) a list of the content areas in which the supervisee has
46.14 	received supervision, including the following:
46.15 	(i) clinical practice, if applicable;
46.16 	(ii) development of professional social work knowledge,
46.17 	skills, and values;
46.18 	(iii) practice methods;
46.19 	(iv) authorized scope of practice;
46.20 	(v) ensuring continuing competence; and 
46.21 	(vi) ethical standards of practice; and 
46.22 	(8) if applicable, a detailed description of the
46.23 	supervisee's clinical social work practice, addressing:
46.24 	(i) the client population, the range of presenting issues,
46.25 	and the diagnoses;
46.26 	(ii) the clinical modalities that were utilized; and 
46.27 	(iii) the process utilized for determining clinical
46.28 	diagnoses, including the diagnostic instruments used and the
46.29 	role of the supervisee in the diagnostic process.
46.30 	(c) The information provided on the verification form must
46.31 	demonstrate to the board's satisfaction that the supervisee has
46.32 	met the applicable supervised practice requirements.
46.33 		Subd. 4.Alternative verification of supervised
46.34 	practice. Notwithstanding the requirements of subdivision 3,
46.35 	the board may accept alternative verification of supervised
46.36 	practice if a supervisee demonstrates to the satisfaction of the
47.1 	board that the supervisee is unable to locate a former
47.2 	supervisor to provide the required information.
47.3 	CONTINUING EDUCATION

47.4 	Sec. 27. [148D.130] CLOCK HOURS REQUIRED.
47.5 		Subdivision 1.Total clock hours required. At the time
47.6 	of license renewal, a licensee must provide evidence
47.7 	satisfactory to the board that the licensee has, during the
47.8 	renewal term, completed at least 30 clock hours of continuing
47.9 	education.
47.10 		Subd. 2.Ethics requirement. At least two of the clock
47.11 	hours required under subdivision 1 must be in social work ethics.
47.12 		Subd. 3.Independent study. Independent study must not
47.13 	consist of more than ten clock hours of continuing education per
47.14 	renewal term.  Independent study must be for publication, public
47.15 	presentation, or professional development.  Independent study
47.16 	includes, but is not limited to, electronic study.
47.17 		Subd. 4.Coursework. One credit of coursework in a
47.18 	semester-based academic institution is the equivalent of 15
47.19 	clock hours.
47.20 		Subd. 5.Prorated renewal term. If the licensee's
47.21 	renewal term is prorated to be less or more than 24 months, the
47.22 	required number of continuing education clock hours is prorated
47.23 	proportionately.

47.24 	Sec. 28. [148D.135] APPROVAL OF CLOCK HOURS.
47.25 		Subdivision 1.Ways of approving clock hours. The clock
47.26 	hours required under section 148D.130 must be approved in one or
47.27 	more of the following ways:
47.28 	(1) the hours must be offered by a continuing education
47.29 	provider approved by the board;
47.30 	(2) the hours must be offered by a continuing education
47.31 	provider approved by the Association of Social Work Boards or a
47.32 	similar examination body designated by the board;
47.33 	(3) the hours must be earned through a continuing education
47.34 	program approved by the National Association of Social Workers;
47.35 	or 
47.36 	(4) the hours must be earned through a continuing education
48.1 	program approved by the board.
48.2 		Subd. 2.Preapproval not required. Providers and
48.3 	programs are not required to be preapproved but must meet the
48.4 	requirements specified in this section.

48.5 	Sec. 29. [148D.140] VARIANCES.
48.6 	The board may grant a variance to the continuing education
48.7 	requirements specified in section 148D.130, when a licensee
48.8 	demonstrates to the satisfaction of the board that the licensee
48.9 	is unable to complete the required number of clock hours during
48.10 	the renewal term.  The board may allow a licensee to complete
48.11 	the required number of clock hours within a time frame specified
48.12 	by the board.  The board must not allow a licensee to complete
48.13 	less than the required number of clock hours.

48.14 	Sec. 30. [148D.145] CONTINUING EDUCATION PROVIDERS
48.15 	APPROVED BY THE BOARD.
48.16 		Subdivision 1.Board approval. (a) The board must
48.17 	approve a continuing education provider who:
48.18 	(1) submits a completed application to the board which
48.19 	provides the information required by subdivision 2 and which
48.20 	meets the criteria specified in subdivision 3; and 
48.21 	(2) pays the provider fee specified in section 148D.180.
48.22 	(b) An approval is valid for programs offered no later than
48.23 	one year from the date the application is approved by the board.
48.24 		Subd. 2.Information required. The information that must
48.25 	be provided to the board includes, but is not limited to, the
48.26 	following:
48.27 	(1) the name of the continuing education provider;
48.28 	(2) the address, telephone number, and e-mail address of a
48.29 	contact person for the provider;
48.30 	(3) a signed statement that indicates the provider
48.31 	understands and agrees to abide by the criteria specified in
48.32 	subdivision 3; and 
48.33 	(4) a signed statement that indicates the provider agrees
48.34 	to furnish a certificate of attendance to each participant in a
48.35 	program offered by the provider.
48.36 		Subd. 3.Criteria for programs offered by continuing
49.1 	education providers. (a) A continuing education provider must
49.2 	employ the following criteria in determining whether to offer a
49.3 	continuing education program:
49.4 	(1) whether the material to be presented will promote the
49.5 	standards of practice described in sections 148D.195 to
49.6 	148D.240;
49.7 	(2) whether the material to be presented will contribute to
49.8 	the practice of social work as defined in section 148D.010;
49.9 	(3) whether the material to be presented is intended for
49.10 	the benefit of practicing social workers; and 
49.11 	(4) whether the persons presenting the program are
49.12 	qualified in the subject matter being presented.
49.13 	(b) The material presented must not be primarily procedural
49.14 	or primarily oriented towards business practices or
49.15 	self-development.
49.16 		Subd. 4.Audits. (a) The board may audit programs
49.17 	offered by a continuing education provider approved by the board
49.18 	to determine compliance with the requirements of this section.
49.19 	(b) A continuing education provider audited by the board
49.20 	must provide the documentation specified in subdivision 5.
49.21 		Subd. 5.Information required to be maintained by
49.22 	continuing education providers. For three years following the
49.23 	end of each program offered by a continuing education provider,
49.24 	the provider must maintain the following information:
49.25 	(1) the title of the program;
49.26 	(2) a description of the content and objectives of the
49.27 	program;
49.28 	(3) the date of the program;
49.29 	(4) the number of clock hours credited for participation in
49.30 	the program;
49.31 	(5) the program location;
49.32 	(6) the names and qualifications of the primary presenters;
49.33 	(7) a description of the primary audience the program was
49.34 	designed for; and 
49.35 	(8) a list of the participants in the program.

49.36 	Sec. 31. [148D.150] CONTINUING EDUCATION PROVIDERS
50.1 	APPROVED BY THE ASSOCIATION OF SOCIAL WORK BOARDS.
50.2 	In order to receive credit for a program offered by a
50.3 	continuing education provider approved by the Association of
50.4 	Social Work Boards or a similar examination body designated by
50.5 	the board, the provider must be listed on the Association of
50.6 	Social Work Boards Web site as a provider currently approved by
50.7 	the Association of Social Work Boards or a similar examination
50.8 	body designated by the board.

50.9 	Sec. 32. [148D.155] CONTINUING EDUCATION PROGRAMS
50.10 	APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.
50.11 	In order to receive credit for a program approved by the
50.12 	National Association of Social Workers, the program must be
50.13 	listed on the National Association of Social Workers Web site as
50.14 	a program currently approved by the National Association of
50.15 	Social Workers.

50.16 	Sec. 33. [148D.160] CONTINUING EDUCATION PROGRAMS
50.17 	APPROVED BY THE BOARD.
50.18 		Subdivision 1.Required program content. In order to be
50.19 	approved by the board, a continuing education program must:
50.20 	(1) promote the standards of practice described in sections
50.21 	148D.195 to 148D.240;
50.22 	(2) contribute to the practice of social work as defined in
50.23 	section 148D.010; and 
50.24 	(3) not be primarily procedural or be primarily oriented
50.25 	towards business practices or self-development.
50.26 		Subd. 2.Types of continuing education programs. In
50.27 	order to be approved by the board, a continuing education
50.28 	program must be one of the following:  academic coursework
50.29 	offered by an institution of higher learning; educational
50.30 	workshops, seminars, or conferences offered by an organization
50.31 	or individual; staff training offered by a public or private
50.32 	employer; or independent study.

50.33 	Sec. 34. [148D.165] CONTINUING EDUCATION REQUIREMENTS OF
50.34 	LICENSEES.
50.35 		Subdivision 1.Information required to be maintained by
50.36 	licensees. For one year following the expiration date of a
51.1 	license, the licensee must maintain documentation of clock hours
51.2 	earned during the previous renewal term.  The documentation must
51.3 	include the following:
51.4 	(1) for educational workshops or seminars offered by an
51.5 	organization or at a conference, a copy of the certificate of
51.6 	attendance issued by the presenter or sponsor giving the
51.7 	following information:
51.8 	(i) the name of the sponsor or presenter of the program;
51.9 	(ii) the title of the workshop or seminar;
51.10 	(iii) the dates the licensee participated in the program;
51.11 	and 
51.12 	(iv) the number of clock hours completed;
51.13 	(2) for academic coursework offered by an institution of
51.14 	higher learning, a copy of a transcript giving the following
51.15 	information:
51.16 	(i) the name of the institution offering the course;
51.17 	(ii) the title of the course;
51.18 	(iii) the dates the licensee participated in the course;
51.19 	and 
51.20 	(iv) the number of credits completed;
51.21 	(3) for staff training offered by public or private
51.22 	employers, a copy of the certificate of attendance issued by the
51.23 	employer giving the following information:
51.24 	(i) the name of the employer;
51.25 	(ii) the title of the staff training;
51.26 	(iii) the dates the licensee participated in the program;
51.27 	and 
51.28 	(iv) the number of clock hours completed; and 
51.29 	(4) for independent study, including electronic study, a
51.30 	written summary of the study conducted, including the following
51.31 	information:
51.32 	(i) the topics studied;
51.33 	(ii) a description of the applicability of the study to the
51.34 	licensee's authorized scope of practice;
51.35 	(iii) the titles and authors of books and articles
51.36 	consulted or the name of the organization offering the study;
52.1 	(iv) the dates the licensee conducted the study; and 
52.2 	(v) the number of clock hours the licensee conducted the
52.3 	study.
52.4 		Subd. 2.Audits. The board may audit license renewal and
52.5 	reactivation applications to determine compliance with the
52.6 	requirements of sections 148D.130 to 148D.170.  A licensee
52.7 	audited by the board must provide the documentation specified in
52.8 	subdivision 1 regardless of whether the provider or program has
52.9 	been approved by the board, the Association of Social Work
52.10 	Boards, or a similar examination body designated by the board,
52.11 	or the National Association of Social Workers.

52.12 	Sec. 35. [148D.170] REVOCATION OF CONTINUING EDUCATION
52.13 	APPROVALS.
52.14 	The board may revoke approval of a provider or of a program
52.15 	offered by a provider, or of an individual program approved by
52.16 	the board, if the board determines subsequent to the approval
52.17 	that the provider or program failed to meet the requirements of
52.18 	sections 148D.130 to 148D.170.
52.19 	FEES

52.20 	Sec. 36. [148D.175] FEES.
52.21 	The fees specified in section 148D.180 are nonrefundable
52.22 	and must be deposited in the state government special revenue
52.23 	fund.

52.24 	Sec. 37. [148D.180] FEE AMOUNTS.
52.25 		Subdivision 1.Application fees. Application fees for
52.26 	licensure are as follows:
52.27 	(1) for a licensed social worker, $45;
52.28 	(2) for a licensed graduate social worker, $45;
52.29 	(3) for a licensed independent social worker, $90;
52.30 	(4) for a licensed independent clinical social worker, $90;
52.31 	(5) for a temporary license, $50; and 
52.32 	(6) for a licensure by endorsement, $150.
52.33 	The fee for criminal background checks is the fee charged
52.34 	by the Bureau of Criminal Apprehension.  The criminal background
52.35 	check fee must be included with the application fee as required
52.36 	pursuant to section 148D.055.
53.1 		Subd. 2.License fees. License fees are as follows:
53.2 	(1) for a licensed social worker, $115.20;
53.3 	(2) for a licensed graduate social worker, $201.60;
53.4 	(3) for a licensed independent social worker, $302.40;
53.5 	(4) for a licensed independent clinical social worker,
53.6 	$331.20;
53.7 	(5) for an emeritus license, $43.20; and 
53.8 	(6) for a temporary leave fee, the same as the renewal fee
53.9 	specified in subdivision 3.
53.10 	If the licensee's initial license term is less or more than
53.11 	24 months, the required license fees must be prorated
53.12 	proportionately.
53.13 		Subd. 3.Renewal fees. Renewal fees for licensure are as
53.14 	follows:
53.15 	(1) for a licensed social worker, $115.20;
53.16 	(2) for a licensed graduate social worker, $201.60;
53.17 	(3) for a licensed independent social worker, $302.40; and 
53.18 	(4) for a licensed independent clinical social worker,
53.19 	$331.20.
53.20 		Subd. 4.Continuing education provider fees. Continuing
53.21 	education provider fees are as follows:
53.22 	(1) for a provider who offers programs totaling one to
53.23 	eight clock hours in a one-year period pursuant to section
53.24 	148D.145, $50;
53.25 	(2) for a provider who offers programs totaling nine to 16
53.26 	clock hours in a one-year period pursuant to section 148D.145,
53.27 	$100;
53.28 	(3) for a provider who offers programs totaling 17 to 32
53.29 	clock hours in a one-year period pursuant to section 148D.145,
53.30 	$200;
53.31 	(4) for a provider who offers programs totaling 33 to 48
53.32 	clock hours in a one-year period pursuant to section 148D.145,
53.33 	$400; and 
53.34 	(5) for a provider who offers programs totaling 49 or more
53.35 	clock hours in a one-year period pursuant to section 148D.145,
53.36 	$600.
54.1 		Subd. 5.Late fees. Late fees are as follows:
54.2 	(1) renewal late fee, one-half of the renewal fee specified
54.3 	in subdivision 3; and 
54.4 	(2) supervision plan late fee, $40.
54.5 		Subd. 6.License cards and wall certificates. (a) The
54.6 	fee for a license card as specified in section 148D.095 is $10.
54.7 	(b) The fee for a license wall certificate as specified in
54.8 	section 148D.095 is $30.
54.9 		Subd. 7.Reactivation fees. Reactivation fees are as
54.10 	follows:
54.11 	(1) reactivation from a temporary leave or emeritus status,
54.12 	the prorated share of the renewal fee specified in subdivision
54.13 	3; and 
54.14 	(2) reactivation of an expired license, 1-1/2 times the
54.15 	renewal fees specified in subdivision 3.
54.16 	COMPLIANCE

54.17 	Sec. 38. [148D.185] PURPOSE OF COMPLIANCE LAWS.
54.18 	The purpose of sections 148D.185 to 148D.290 is to protect
54.19 	the public by ensuring that all persons licensed as social
54.20 	workers meet minimum standards of practice.  The board shall
54.21 	promptly and fairly investigate and resolve all complaints
54.22 	alleging violations of statutes and rules that the board is
54.23 	empowered to enforce and (1) take appropriate disciplinary
54.24 	action, adversarial action, or other action justified by the
54.25 	facts, or (2) enter into corrective action agreements or
54.26 	stipulations to cease practice, when doing so is consistent with
54.27 	the board's obligation to protect the public.

54.28 	Sec. 39. [148D.190] GROUNDS FOR ACTION.
54.29 		Subdivision 1.Scope. The grounds for action in
54.30 	subdivisions 2 to 4 and the standards of practice requirements
54.31 	in sections 148D.195 to 148D.240 apply to all licensees and
54.32 	applicants.
54.33 		Subd. 2.Violations. The board has grounds to take
54.34 	action pursuant to sections 148D.255 to 148D.270 when a social
54.35 	worker violates:
54.36 	(1) a statute or rule enforced by the board, including this
55.1 	section and sections 148D.195 to 148D.240;
55.2 	(2) a federal or state law or rule related to the practice
55.3 	of social work; or 
55.4 	(3) an order, stipulation, or agreement agreed to or issued
55.5 	by the board.
55.6 		Subd. 3.Conduct before licensure. A violation of the
55.7 	requirements specified in this section and sections 148D.195 to
55.8 	148D.240 is grounds for the board to take action under sections
55.9 	148D.255 to 148D.270.  The board's jurisdiction to exercise the
55.10 	powers provided in this section extends to an applicant or
55.11 	licensee's conduct that occurred before licensure if:
55.12 	(1) the conduct did not meet the minimum accepted and
55.13 	prevailing standards of professional social work practice at the
55.14 	time the conduct occurred; or 
55.15 	(2) the conduct adversely affects the applicant or
55.16 	licensee's present ability to practice social work in conformity
55.17 	with the requirements of sections 148D.195 to 148D.240.
55.18 		Subd. 4.Unauthorized practice. The board has grounds to
55.19 	take action pursuant to sections 148D.255 to 148D.270 when a
55.20 	social worker:
55.21 	(1) practices outside the scope of practice authorized by
55.22 	section 148D.050;
55.23 	(2) engages in the practice of social work without a social
55.24 	work license under section 148D.055 or 148D.060, except when the
55.25 	social worker is exempt from licensure pursuant to section
55.26 	148D.065;
55.27 	(3) provides social work services to a client who receives
55.28 	social work services in this state, and is not licensed pursuant
55.29 	to section 148D.055 or 148D.060, except when the social worker
55.30 	is exempt from licensure pursuant to section 148D.065.
55.31 	STANDARDS OF PRACTICE

55.32 	Sec. 40. [148D.195] REPRESENTATIONS TO CLIENTS AND
55.33 	PUBLIC.
55.34 		Subdivision 1.Required displays and information for
55.35 	clients. (a) A social worker must conspicuously display at the
55.36 	social worker's places of practice, or make available as a
56.1 	handout for all clients, information that the client has the
56.2 	right to the following:
56.3 	(1) to be informed of the social worker's license status,
56.4 	education, training, and experience;
56.5 	(2) to examine public data on the social worker maintained
56.6 	by the board;
56.7 	(3) to report a complaint about the social worker's
56.8 	practice to the board; and 
56.9 	(4) to be informed of the board's mailing address, e-mail
56.10 	address, Web site address, and telephone number.
56.11 	(b) A social worker must conspicuously display the social
56.12 	worker's wall certificate at the social worker's places of
56.13 	practice and office locations.  Additional wall certificates may
56.14 	be requested pursuant to section 148D.095.
56.15 		Subd. 2.Representations. (a) No applicant or other
56.16 	individual may be represented to the public by any title
56.17 	incorporating the words "social work" or "social worker" unless
56.18 	the individual holds a license pursuant to sections 148D.055 and
56.19 	148D.060 or practices in a setting exempt from licensure
56.20 	pursuant to section 148D.065.
56.21 	(b) In all professional use of a social worker's name, the
56.22 	social worker must use the license designation "LSW" or
56.23 	"licensed social worker" for a licensed social worker, "LGSW" or
56.24 	"licensed graduate social worker" for a licensed graduate social
56.25 	worker, "LISW" or "licensed independent social worker" for a
56.26 	licensed independent social worker, or "LICSW" or "licensed
56.27 	independent clinical social worker" for a licensed independent
56.28 	clinical social worker.
56.29 	(c) Public statements or advertisements must not be
56.30 	untruthful, misleading, false, fraudulent, deceptive, or
56.31 	potentially exploitative of clients, former clients, interns,
56.32 	students, supervisees, or the public.
56.33 	(d) A social worker must not:
56.34 	(1) use licensure status as a claim, promise, or guarantee
56.35 	of successful service;
56.36 	(2) obtain a license by cheating or employing fraud or
57.1 	deception;
57.2 	(3) make false statements or misrepresentations to the
57.3 	board or in materials submitted to the board; or 
57.4 	(4) engage in conduct that has the potential to deceive or
57.5 	defraud a social work client, intern, student, supervisee, or
57.6 	the public.
57.7 		Subd. 3.Information on credentials. (a) A social worker
57.8 	must provide accurate and factual information concerning the
57.9 	social worker's credentials, education, training, and experience
57.10 	when the information is requested by clients, potential clients,
57.11 	or other persons or organizations.
57.12 	(b) A social worker must not misrepresent directly or by
57.13 	implication the social worker's license, degree, professional
57.14 	certifications, affiliations, or other professional
57.15 	qualifications in any oral or written communications to clients,
57.16 	potential clients, or other persons or organizations.  A social
57.17 	worker must take reasonable steps to prevent such
57.18 	misrepresentations by other social workers.
57.19 	(c) A social worker must not hold out as a person licensed
57.20 	as a social worker without having a social work license pursuant
57.21 	to sections 148D.055 and 148D.060.
57.22 	(d) A social worker must not misrepresent directly or by
57.23 	implication (1) affiliations with institutions or organizations,
57.24 	or (2) purposes or characteristics of institutions or
57.25 	organizations with which the social worker is or has been
57.26 	affiliated.

57.27 	Sec. 41. [148D.200] COMPETENCE.
57.28 		Subdivision 1.Competence. (a) A social worker must
57.29 	provide services and hold out as competent only to the extent
57.30 	the social worker's education, training, license, consultation
57.31 	received, supervision experience, or other relevant professional
57.32 	experience demonstrate competence in the services provided.  A
57.33 	social worker must make a referral to a competent professional
57.34 	when the services required are beyond the social worker's
57.35 	competence or authorized scope of practice.
57.36 	(b) When generally recognized standards do not exist with
58.1 	respect to an emerging area of practice, including but not
58.2 	limited to providing social work services through electronic
58.3 	means, a social worker must take the steps necessary, such as
58.4 	consultation or supervision, to ensure the competence of the
58.5 	social worker's work and to protect clients from harm.
58.6 		Subd. 2.Supervision or consultation. Notwithstanding
58.7 	the completion of supervision requirements as specified in
58.8 	sections 148D.100 to 148D.125, a social worker must obtain
58.9 	supervision or engage in consultation when appropriate or
58.10 	necessary for competent and ethical practice.
58.11 		Subd. 3.Delegation of social work responsibilities. (a)
58.12 	A social worker must not delegate a social work responsibility
58.13 	to another individual when the social worker knows or reasonably
58.14 	should know that the individual is not licensed when required to
58.15 	be licensed pursuant to sections 148D.055 and 148D.060.
58.16 	(b) A social worker must not delegate a social work
58.17 	responsibility to another individual when the social worker
58.18 	knows or reasonably should know that the individual is not
58.19 	competent to assume the responsibility or perform the task.

58.20 	Sec. 42. [148D.205] IMPAIRMENT.
58.21 		Subdivision 1.Grounds for action. The board has grounds
58.22 	to take action under sections 148D.255 to 148D.270 when a social
58.23 	worker is unable to practice with reasonable skill and safety by
58.24 	reason of illness, use of alcohol, drugs, chemicals, or any
58.25 	other materials, or as a result of any mental, physical, or
58.26 	psychological condition.
58.27 		Subd. 2.Self-reporting. A social worker regulated by
58.28 	the board who is unable to practice with reasonable skill and
58.29 	safety by reason of illness, use of alcohol, drugs, chemicals,
58.30 	or any other materials, or as a result of any mental, physical,
58.31 	or psychological condition, must report to the board or the
58.32 	health professionals services program.

58.33 	Sec. 43. [148D.210] PROFESSIONAL AND ETHICAL CONDUCT.
58.34 	The board has grounds to take action under sections
58.35 	148D.255 to 148D.270 when a social worker:
58.36 	(1) engages in unprofessional or unethical conduct,
59.1 	including any departure from or failure to conform to the
59.2 	minimum accepted ethical and other prevailing standards of
59.3 	professional social work practice, without actual injury to a
59.4 	social work client, intern, student, supervisee or the public
59.5 	needing to be established;
59.6 	(2) engages in conduct that has the potential to cause harm
59.7 	to a client, intern, student, supervisee, or the public;
59.8 	(3) demonstrates a willful or careless disregard for the
59.9 	health, welfare, or safety of a client, intern, student, or
59.10 	supervisee; or 
59.11 	(4) engages in acts or conduct adversely affecting the
59.12 	applicant or licensee's current ability or fitness to engage in
59.13 	social work practice, whether or not the acts or conduct
59.14 	occurred while engaged in the practice of social work.

59.15 	Sec. 44. [148D.215] RESPONSIBILITIES TO CLIENTS.
59.16 		Subdivision 1.Responsibility to clients. A social
59.17 	worker's primary professional responsibility is to the client.
59.18 	A social worker must respect the client's interests, including
59.19 	the interest in self-determination, except when required to do
59.20 	otherwise by law.
59.21 		Subd. 2.Nondiscrimination. A social worker must not
59.22 	discriminate against a client, intern, student, or supervisee or
59.23 	in providing services to a client, intern, or supervisee on the
59.24 	basis of age, gender, sexual orientation, race, color, national
59.25 	origin, religion, illness, disability, political affiliation, or
59.26 	social or economic status.
59.27 		Subd. 3.Research. When undertaking research activities,
59.28 	a social worker must use accepted protocols for the protection
59.29 	of human subjects, including (1) establishing appropriate
59.30 	safeguards to protect the subject's vulnerability, and (2)
59.31 	obtaining the subjects' informed consent.

59.32 	Sec. 45. [148D.220] RELATIONSHIPS WITH CLIENTS, FORMER
59.33 	CLIENTS, AND OTHER INDIVIDUALS.
59.34 		Subdivision 1.Social worker responsibility. (a) A
59.35 	social worker is responsible for acting professionally in
59.36 	relationships with clients or former clients.  A client or a
60.1 	former client's initiation of, or attempt to engage in, or
60.2 	request to engage in, a personal, sexual, or business
60.3 	relationship is not a defense to a violation of this section.
60.4 	(b) When a relationship is permitted by this section,
60.5 	social workers who engage in such a relationship assume the full
60.6 	burden of demonstrating that the relationship will not be
60.7 	detrimental to the client or the professional relationship.
60.8 		Subd. 2.Professional boundaries. A social worker must
60.9 	maintain appropriate professional boundaries with a client.  A
60.10 	social worker must not engage in practices with clients that
60.11 	create an unacceptable risk of client harm or of impairing a
60.12 	social worker's objectivity or professional judgment.  A social
60.13 	worker must not act or fail to act in a way that, as judged by a
60.14 	reasonable and prudent social worker, inappropriately encourages
60.15 	the client to relate to the social worker outside of the
60.16 	boundaries of the professional relationship, or in a way that
60.17 	interferes with the client's ability to benefit from social work
60.18 	services from the social worker.
60.19 		Subd. 3.Misuse of professional relationship. A social
60.20 	worker must not use the professional relationship with a client,
60.21 	student, supervisee, or intern to further the social worker's
60.22 	personal, emotional, financial, sexual, religious, political, or
60.23 	business benefit or interests.
60.24 		Subd. 4.Improper termination. A social worker must not
60.25 	terminate a professional relationship for the purpose of
60.26 	beginning a personal, sexual, or business relationship with a
60.27 	client.
60.28 		Subd. 5.Personal relationship with a client. (a) Except
60.29 	as provided in paragraph (b), a social worker must not engage in
60.30 	a personal relationship with a client that creates a risk of
60.31 	client harm or of impairing a social worker's objectivity or
60.32 	professional judgment.
60.33 	(b) Notwithstanding paragraph (a), if a social worker is
60.34 	unable to avoid a personal relationship with a client, the
60.35 	social worker must take appropriate precautions, such as
60.36 	consultation or supervision, to address the potential for risk
61.1 	of client harm or of impairing a social worker's objectivity or
61.2 	professional judgment.
61.3 		Subd. 6.Personal relationship with a former client. A
61.4 	social worker may engage in a personal relationship with a
61.5 	former client after appropriate termination of the professional
61.6 	relationship, except:
61.7 	(1) as prohibited by subdivision 8; or 
61.8 	(2) if a reasonable and prudent social worker would
61.9 	conclude after appropriate assessment that (i) the former client
61.10 	is emotionally dependent on the social worker or continues to
61.11 	relate to the social worker as a client, or (ii) the social
61.12 	worker is emotionally dependent on the client or continues to
61.13 	relate to the former client as a social worker.
61.14 		Subd. 7.Sexual conduct with a client. A social worker
61.15 	must not engage in or suggest sexual conduct with a client.
61.16 		Subd. 8.Sexual conduct with a former client. (a) A
61.17 	social worker who has engaged in diagnosing, counseling, or
61.18 	treating a client with mental, emotional, or behavioral
61.19 	disorders must not engage in or suggest sexual conduct with the
61.20 	former client under any circumstances unless:
61.21 	(1) the social worker did not intentionally or
61.22 	unintentionally coerce, exploit, deceive, or manipulate the
61.23 	former client at any time;
61.24 	(2) the social worker did not represent to the former
61.25 	client that sexual conduct with the social worker is consistent
61.26 	with or part of the client's treatment;
61.27 	(3) the social worker's sexual conduct was not detrimental
61.28 	to the former client at any time;
61.29 	(4) the former client is not emotionally dependent on the
61.30 	social worker and does not continue to relate to the social
61.31 	worker as a client; and 
61.32 	(5) the social worker is not emotionally dependent on the
61.33 	client and does not continue to relate to the former client as a
61.34 	social worker.
61.35 	(b) If there is an alleged violation of paragraph (a), the
61.36 	social worker assumes the full burden of demonstrating to the
62.1 	board that the social worker did not intentionally or
62.2 	unintentionally coerce, exploit, deceive, or manipulate the
62.3 	client, and the social worker's sexual conduct was not
62.4 	detrimental to the client at any time.  Upon request, a social
62.5 	worker must provide information to the board addressing:
62.6 	(1) the amount of time that has passed since termination of
62.7 	services;
62.8 	(2) the duration, intensity, and nature of services;
62.9 	(3) the circumstances of termination of services;
62.10 	(4) the former client's emotional, mental, and behavioral
62.11 	history;
62.12 	(5) the former client's current emotional, mental, and
62.13 	behavioral status;
62.14 	(6) the likelihood of adverse impact on the former client;
62.15 	and 
62.16 	(7) the existence of actions, conduct, or statements made
62.17 	by the social worker during the course of services suggesting or
62.18 	inviting the possibility of a sexual relationship with the
62.19 	client following termination of services.
62.20 	(c) A social worker who has provided social work services
62.21 	other than those described in paragraph (a) to a client must not
62.22 	engage in or suggest sexual conduct with the former client if a
62.23 	reasonable and prudent social worker would conclude after
62.24 	appropriate assessment that engaging in such behavior with the
62.25 	former client would create an unacceptable risk of harm to the
62.26 	former client.
62.27 		Subd. 9.Sexual conduct with a student, supervisee, or
62.28 	intern. (a) A social worker must not engage in or suggest
62.29 	sexual conduct with a student while the social worker has
62.30 	authority over any part of the student's academic program.
62.31 	(b) A social worker supervising an intern must not engage
62.32 	in or suggest sexual conduct with the intern during the course
62.33 	of the internship.
62.34 	(c) A social worker practicing social work as a supervisor
62.35 	must not engage in or suggest sexual conduct with a supervisee
62.36 	during the period of supervision.
63.1 		Subd. 10.Sexual harassment. A social worker must not
63.2 	engage in any physical, oral, written, or electronic behavior
63.3 	that a client, former client, student, supervisee, or intern may
63.4 	reasonably interpret as sexually harassing or sexually demeaning.
63.5 		Subd. 11.Business relationship with a client. A social
63.6 	worker must not purchase goods or services from a client or
63.7 	otherwise engage in a business relationship with a client except
63.8 	when:
63.9 	(1) a social worker purchases goods or services from the
63.10 	client and a reasonable and prudent social worker would
63.11 	determine that it is not practical or reasonable to obtain the
63.12 	goods or services from another provider; and 
63.13 	(2) engaging in the business relationship will not be
63.14 	detrimental to the client or the professional relationship.
63.15 		Subd. 12.Business relationship with a former client. A
63.16 	social worker may purchase goods or services from a former
63.17 	client or otherwise engage in a business relationship with a
63.18 	former client after appropriate termination of the professional
63.19 	relationship unless a reasonable and prudent social worker would
63.20 	conclude after appropriate assessment that:
63.21 	(1) the former client is emotionally dependent on the
63.22 	social worker and purchasing goods or services from the former
63.23 	client or otherwise engaging in a business relationship with the
63.24 	former client would be detrimental to the former client; or 
63.25 	(2) the social worker is emotionally dependent on the
63.26 	former client and purchasing goods or services from the former
63.27 	client or otherwise engaging in a business relationship with the
63.28 	former client would be detrimental to the former client.
63.29 		Subd. 13.Previous sexual, personal, or business
63.30 	relationship. (a) A social worker must not engage in a social
63.31 	worker/client relationship with an individual with whom the
63.32 	social worker had a previous sexual relationship.
63.33 	(b) A social worker must not engage in a social
63.34 	worker/client relationship with an individual with whom the
63.35 	social worker had a previous personal or business relationship
63.36 	if a reasonable and prudent social worker would conclude after
64.1 	appropriate assessment that the social worker/client
64.2 	relationship would create an unacceptable risk of client harm or
64.3 	that the social worker's objectivity or professional judgment
64.4 	may be impaired.
64.5 		Subd. 14.Giving alcohol or other drugs to a client. (a)
64.6 	Unless authorized by law, a social worker must not offer
64.7 	medication or controlled substances to a client.
64.8 	(b) A social worker must not accept medication or
64.9 	controlled substances from a client except that if authorized by
64.10 	law, a social worker may accept medication or controlled
64.11 	substances from a client for purposes of disposal or to monitor
64.12 	use.
64.13 	(c) A social worker must not offer alcoholic beverages to a
64.14 	client except when such an offer is authorized or prescribed by
64.15 	a physician or is in accordance with a client's care plan.
64.16 	(d) A social worker must not accept alcoholic beverages
64.17 	from a client.
64.18 	Subd. 15.[RELATIONSHIP WITH A CLIENT'S FAMILY OR
64.19 	HOUSEHOLD MEMBER.] Subdivisions 1 to 14 apply to a social
64.20 	worker's relationship with a client's family or household member
64.21 	when a reasonable and prudent social worker would conclude after
64.22 	appropriate assessment that a relationship with a family or
64.23 	household member would create an unacceptable risk of harm to
64.24 	the client.

64.25 	Sec. 46. [148D.225] TREATMENT AND INTERVENTION SERVICES.
64.26 		Subdivision 1.Assessment or diagnosis. A social worker
64.27 	must base treatment and intervention services on an assessment
64.28 	or diagnosis.  A social worker must evaluate, on an ongoing
64.29 	basis, the appropriateness of the assessment or diagnosis.
64.30 		Subd. 2.Assessment or diagnostic instruments. A social
64.31 	worker must not use an assessment or diagnostic instrument
64.32 	without adequate training.  A social worker must follow
64.33 	standards and accepted procedures for using an assessment or
64.34 	diagnostic instrument.  A social worker must inform a client of
64.35 	the purpose before administering the instrument and must make
64.36 	the results available to the client.
65.1 		Subd. 3.Plan for services. A social worker must develop
65.2 	a plan for services that includes goals based on the assessment
65.3 	or diagnosis.  A social worker must evaluate, on an ongoing
65.4 	basis, the appropriateness of the plan and the client's progress
65.5 	toward the goals.
65.6 		Subd. 4.Records. (a) A social worker must make and
65.7 	maintain current and accurate records, appropriate to the
65.8 	circumstances, of all services provided to a client.  At a
65.9 	minimum, the records must contain documentation of:
65.10 	(1) the assessment or diagnosis;
65.11 	(2) the content of the service plan;
65.12 	(3) progress with the plan and any revisions of assessment,
65.13 	diagnosis, or plan;
65.14 	(4) any fees charged and payments made;
65.15 	(5) copies of all client-written authorizations for release
65.16 	of information; and 
65.17 	(6) other information necessary to provide appropriate
65.18 	services.
65.19 	(b) These records must be maintained by the social worker
65.20 	for at least seven years after the last date of service to the
65.21 	client.  Social workers who are employed by an agency or other
65.22 	entity are not required to:
65.23 	(1) maintain personal or separate records; or 
65.24 	(2) personally retain records at the conclusion of their
65.25 	employment.
65.26 		Subd. 5.Termination of services. A social worker must
65.27 	terminate a professional relationship with a client when the
65.28 	social worker reasonably determines that the client is not
65.29 	likely to benefit from continued services or the services are no
65.30 	longer needed, unless the social worker is required by law to
65.31 	provide services.  A social worker who anticipates terminating
65.32 	services must give reasonable notice to the client in a manner
65.33 	that is appropriate to the needs of the client.  The social
65.34 	worker must provide appropriate referrals as needed or upon
65.35 	request of the client.

65.36 	Sec. 47. [148D.230] CONFIDENTIALITY AND RECORDS.
66.1 		Subdivision 1.Informed consent. (a) A social worker
66.2 	must obtain valid, informed consent, appropriate to the
66.3 	circumstances, before providing services to clients.  When
66.4 	obtaining informed consent, the social worker must determine
66.5 	whether the client has the capacity to provide informed
66.6 	consent.  If the client does not have the capacity to provide
66.7 	consent, the social worker must obtain consent for the services
66.8 	from the client's legal representative.  The social worker must
66.9 	not provide services, unless authorized or required by law, if
66.10 	the client or the client's legal representative does not consent
66.11 	to the services.
66.12 	(b) If a social worker determines that a client does not
66.13 	have the capacity to provide consent, and the client does not
66.14 	have a legal representative, the social worker:
66.15 	(1) must, except as provided in clause (2), secure a legal
66.16 	representative for a client before providing services; or 
66.17 	(2) may, notwithstanding clause (1), provide services,
66.18 	except when prohibited by other applicable law, that are
66.19 	necessary to ensure the client's safety or to preserve the
66.20 	client's property or financial resources.
66.21 	(c) A social worker must use clear and understandable
66.22 	language, including using an interpreter proficient in the
66.23 	client's primary language as necessary, to inform clients of the
66.24 	plan of services, risks related to the plan, limits to services,
66.25 	relevant costs, terms of payment, reasonable alternatives, the
66.26 	client's right to refuse or withdraw consent, and the time frame
66.27 	covered by the consent.
66.28 		Subd. 2.Mandatory reporting and disclosure of client
66.29 	information. At the beginning of a professional relationship
66.30 	and during the professional relationship as necessary and
66.31 	appropriate, a social worker must inform the client of those
66.32 	circumstances under which the social worker may be required to
66.33 	disclose client information specified in subdivision 3,
66.34 	paragraph (a), without the client's consent.
66.35 		Subd. 3.Confidentiality of client information. (a) A
66.36 	social worker must ensure the confidentiality of all client
67.1 	information obtained in the course of the social worker/client
67.2 	relationship and all client information otherwise obtained by
67.3 	the social worker that is relevant to the social worker/client
67.4 	relationship.  Except as provided in this section, client
67.5 	information may be disclosed or released only with the client's
67.6 	or the client's legal representative's valid informed consent,
67.7 	appropriate to the circumstances, except when otherwise required
67.8 	by law.  A social worker must seek consent to disclose or
67.9 	release client information only when such disclosure or release
67.10 	is necessary to provide social work services.
67.11 	(b) A social worker must continue to maintain
67.12 	confidentiality of the client information specified in paragraph
67.13 	(a) upon termination of the professional relationship including
67.14 	upon the death of the client, except as provided under this
67.15 	section or other applicable law.
67.16 	(c) A social worker must limit access to the client
67.17 	information specified in paragraph (a) in a social worker's
67.18 	agency to appropriate agency staff whose duties require access.
67.19 		Subd. 4.Release of client information with written
67.20 	informed consent. (a) Except as provided in subdivision 5,
67.21 	client information specified in subdivision 3, paragraph (a),
67.22 	may be released only with the client's or the client's legal
67.23 	representative's written informed consent.  The written informed
67.24 	consent must:
67.25 	(1) explain to whom the client's records may be released;
67.26 	(2) explain the purpose for the release; and 
67.27 	(3) state an expiration date for the authorized release of
67.28 	the records.
67.29 	(b) A social worker may provide client information
67.30 	specified in subdivision 3, paragraph (a), to a third party for
67.31 	the purpose of payment for services rendered only with the
67.32 	client's written informed consent.
67.33 	(c) Except as provided in subdivision 5, a social worker
67.34 	may disclose client information specified in subdivision 3,
67.35 	paragraph (a), only with the client's or the client's legal
67.36 	representative's written informed consent.  When it is not
68.1 	practical to obtain written informed consent before providing
68.2 	necessary services, a social worker may disclose or release
68.3 	client information with the client's or the client's legal
68.4 	representative's oral informed consent.
68.5 	(d) Unless otherwise authorized by law, a social worker
68.6 	must obtain a client's written informed consent before taking a
68.7 	photograph of the client or making an audio or video recording
68.8 	of the client, or allowing a third party to do the same.  The
68.9 	written informed consent must explain:
68.10 	(1) the purpose of the photograph or the recording and how
68.11 	the photograph or recording will be used, how it will be stored,
68.12 	and when it will be destroyed; and 
68.13 	(2) how the client may have access to the photograph or
68.14 	recording.
68.15 		Subd. 5.Release of client information without written
68.16 	informed consent. (a) A social worker may disclose client
68.17 	information specified in subdivision 3, paragraph (a), without
68.18 	the written consent of the client or the client's legal
68.19 	representative only under the following circumstances or under
68.20 	the circumstances described in paragraph (b):
68.21 	(1) when mandated or authorized by federal or state law,
68.22 	including the mandatory reporting requirements under the duty to
68.23 	warn, maltreatment of minors, and vulnerable adult laws
68.24 	specified in section 148D.240, subdivisions 6 to 8;
68.25 	(2) when the board issues a subpoena to the social worker;
68.26 	or 
68.27 	(3) when a court of competent jurisdiction orders release
68.28 	of the client records or information.
68.29 	(b) When providing services authorized or required by law
68.30 	to a client who does not have the capacity to provide consent
68.31 	and who does not have a legal representative, a social worker
68.32 	must disclose or release client records or information as
68.33 	necessary to provide services to ensure the client's safety or
68.34 	to preserve the client's property or financial resources.
68.35 		Subd. 6.Release of client records or information. When
68.36 	releasing client records or information under this section, a
69.1 	social worker must release current, accurate, and complete
69.2 	records or information.

69.3 	Sec. 48. [148D.235] FEES AND BILLING PRACTICES.
69.4 		Subdivision 1.Fees and payments. (a) A social worker
69.5 	must ensure that a client or a client's legal representative is
69.6 	informed of all fees at the initial session or meeting with the
69.7 	client, and that payment for services is arranged with the
69.8 	client or the client's legal representative at the beginning of
69.9 	the professional relationship.  Upon request from a client or a
69.10 	client's legal representative, a social worker must provide in a
69.11 	timely manner a written payment plan or a written explanation of
69.12 	the charges for any services rendered.
69.13 	(b) When providing services authorized or required by law
69.14 	to a client who does not have the capacity to provide consent
69.15 	and who does not have a legal representative, a social worker
69.16 	may submit reasonable bills to an appropriate payer for services
69.17 	provided.
69.18 		Subd. 2.Billing for services not provided. A social
69.19 	worker must not bill for services that have not been provided
69.20 	except that, with prior notice to the client, a social worker
69.21 	may bill for failed appointments or for cancellations without
69.22 	sufficient notice.  A social worker may bill only for provided
69.23 	services which are necessary and appropriate.
69.24 		Subd. 3.No payment for referrals. A social worker must
69.25 	not accept or give a commission, rebate, or other form of
69.26 	remuneration solely or primarily to profit from the referral of
69.27 	a client.
69.28 		Subd. 4.Fees and billing practices. A social worker
69.29 	must not engage in improper or fraudulent billing practices,
69.30 	including, but not limited to, violations of the federal
69.31 	Medicare and Medicaid laws or state medical assistance laws.

69.32 	Sec. 49. [148D.240] REPORTING REQUIREMENTS.
69.33 		Subdivision 1.Failure to self-report adverse
69.34 	actions. The board has grounds to take action under sections
69.35 	148D.255 to 148D.270 when a social worker fails to report to the
69.36 	board within 90 days:
70.1 	(1) having been disciplined, sanctioned, or found to have
70.2 	violated a state, territorial, provincial, or foreign licensing
70.3 	agency's laws or rules;
70.4 	(2) having been convicted of committing a felony, gross
70.5 	misdemeanor, or misdemeanor reasonably related to the practice
70.6 	of social work;
70.7 	(3) having had a finding or verdict of guilt, whether or
70.8 	not the adjudication of guilt is withheld or not entered, of
70.9 	committing a felony, gross misdemeanor, or misdemeanor
70.10 	reasonably related to the practice of social work;
70.11 	(4) having admitted to committing, or entering a no contest
70.12 	plea to committing, a felony, gross misdemeanor, or misdemeanor
70.13 	reasonably related to the practice of social work; or 
70.14 	(5) having been denied licensure by a state, territorial,
70.15 	provincial, or foreign licensing agency.
70.16 		Subd. 2.Failure to submit application information. The
70.17 	board has grounds to take action under sections 148D.255 to
70.18 	148D.270 when an applicant or licensee fails to submit with an
70.19 	application the following information:
70.20 	(1) the dates and dispositions of any malpractice
70.21 	settlements or awards made relating to the social work services
70.22 	provided by the applicant or licensee; or 
70.23 	(2) the dates and dispositions of any civil litigations or
70.24 	arbitrations relating to the social work services provided by
70.25 	the applicant or licensee.
70.26 		Subd. 3.Reporting other licensed health
70.27 	professionals. An applicant or licensee must report to the
70.28 	appropriate health-related licensing board conduct by a licensed
70.29 	health professional which would constitute grounds for
70.30 	disciplinary action under the statutes and rules enforced by
70.31 	that board.
70.32 		Subd. 4.Reporting unlicensed practice. An applicant or
70.33 	licensee must report to the board conduct by an unlicensed
70.34 	person which constitutes the practice of social work, as defined
70.35 	in section 148D.010, except when the unlicensed person is exempt
70.36 	from licensure pursuant to section 148D.065.
71.1 		Subd. 5.Failure to report other applicants or licensees
71.2 	and unlicensed practice. The board has grounds to take action
71.3 	under sections 148D.255 to 148.270 when an applicant or licensee
71.4 	fails to report to the board conduct:
71.5 	(1) by another licensee or applicant which the applicant or
71.6 	licensee has reason to believe may reasonably constitute grounds
71.7 	for disciplinary action under this section; or 
71.8 	(2) by an unlicensed person that constitutes the practice
71.9 	of social work when a license is required to practice social
71.10 	work.
71.11 		Subd. 6.Duty to warn. A licensee must comply with the
71.12 	duty to warn established by section 148.975.
71.13 		Subd. 7.Reporting maltreatment of minors. An applicant
71.14 	or licensee must comply with the reporting of maltreatment of
71.15 	minors established by section 626.556.
71.16 		Subd. 8.Reporting maltreatment of vulnerable adults. An
71.17 	applicant or licensee must comply with the reporting of
71.18 	maltreatment of vulnerable adults established by section 626.557.
71.19 		Subd. 9.Subpoenas. The board may issue subpoenas
71.20 	pursuant to section 148D.245 and chapter 214 for the production
71.21 	of any reports required by this section or any related documents.
71.22 	INVESTIGATIONS

71.23 	Sec. 50. [148D.245] INVESTIGATIVE POWERS AND PROCEDURES.
71.24 		Subdivision 1.Subpoenas. (a) The board may issue
71.25 	subpoenas and compel the attendance of witnesses and the
71.26 	production of all necessary papers, books, records, documents,
71.27 	and other evidentiary material as part of its investigation of
71.28 	an applicant or licensee under this section or chapter 214.
71.29 	(b) If any person fails or refuses to appear or testify
71.30 	regarding any matter about which the person may be lawfully
71.31 	questioned, or fails or refuses to produce any papers, books,
71.32 	records, documents, or other evidentiary materials in the matter
71.33 	to be heard, after having been required by order of the board or
71.34 	by a subpoena of the board to do so, the board may institute a
71.35 	proceeding in any district court to enforce the board's order or
71.36 	subpoena.
72.1 	(c) The board or a designated member of the board acting on
72.2 	behalf of the board may issue subpoenas or administer oaths to
72.3 	witnesses or take affirmations.  Depositions may be taken within
72.4 	or out of the state in the manner provided by law for the taking
72.5 	of depositions in civil actions.
72.6 	(d) A subpoena or other process or paper may be served upon
72.7 	any person named therein, by mail or by any officer authorized
72.8 	to serve subpoenas or other process or paper in civil actions,
72.9 	with the same fees and mileage and in the same manner as
72.10 	prescribed by law for service of process issued out of the
72.11 	district court of this state.
72.12 	(e) Fees, mileage, and other costs must be paid as the
72.13 	board directs.
72.14 		Subd. 2.Classification of data. (a) Any records
72.15 	obtained as part of an investigation must be treated as
72.16 	investigative data under section 13.41 and be classified as
72.17 	confidential data.
72.18 	(b) Notwithstanding paragraph (a), client records must be
72.19 	treated as private data under chapter 13.  Client records must
72.20 	be protected as private data in the records of the board and in
72.21 	administrative or judicial proceedings unless the client
72.22 	authorizes the board in writing to make public the identity of
72.23 	the client or a portion or all of the client's records.
72.24 		Subd. 3.Mental or physical examination; chemical
72.25 	dependency evaluation. (a) If the board has (1) probable cause
72.26 	to believe that an applicant or licensee has violated a statute
72.27 	or rule enforced by the board, or an order issued by the board
72.28 	and (2) the board believes the applicant may have a
72.29 	health-related condition relevant to the violation, the board
72.30 	may issue an order directing the applicant or licensee to submit
72.31 	to one or more of the following:  a mental examination, a
72.32 	physical examination, or a chemical dependency evaluation.
72.33 	(b) An examination or evaluation order issued by the board
72.34 	must include:
72.35 	(1) factual specifications on which the order is based;
72.36 	(2) the purpose of the examination or evaluation;
73.1 	(3) the name of the person or entity that will conduct the
73.2 	examination or evaluation; and 
73.3 	(4) the means by which the examination or evaluation will
73.4 	be paid for.
73.5 	(c) Every applicant or licensee must submit to a mental
73.6 	examination, a physical examination, or a chemical dependency
73.7 	evaluation when ordered to do so in writing by the board.
73.8 	(d) By submitting to a mental examination, a physical
73.9 	examination, or a chemical dependency evaluation, an applicant
73.10 	or licensee waives all objections to the admissibility of the
73.11 	examiner or evaluator's testimony or reports on the grounds that
73.12 	the testimony or reports constitute a privileged communication.
73.13 		Subd. 4.Failure to submit to an examination. (a) If an
73.14 	applicant or licensee fails to submit to an examination or
73.15 	evaluation ordered by the board pursuant to subdivision 3,
73.16 	unless the failure was due to circumstances beyond the control
73.17 	of the applicant or licensee, the failure is an admission that
73.18 	the applicant or licensee violated a statute or rule enforced by
73.19 	the board as specified in the examination or evaluation order
73.20 	issued by the board.  The failure may result in an application
73.21 	being denied or other adversarial, corrective, or disciplinary
73.22 	action being taken by the board without a contested case hearing.
73.23 	(b) If an applicant or licensee requests a contested case
73.24 	hearing after the board denies an application or takes other
73.25 	disciplinary or adversarial action, the only issues which may be
73.26 	determined at the hearing are:
73.27 	(1) whether the board had probable cause to issue the
73.28 	examination or evaluation order; and 
73.29 	(2) whether the failure to submit to the examination or
73.30 	evaluation was due to circumstances beyond the control of the
73.31 	applicant or licensee.
73.32 	(c) Neither the record of a proceeding under this
73.33 	subdivision nor an order issued by the board may be admissible,
73.34 	subject to subpoena, or be used against the applicant or
73.35 	licensee in a proceeding in which the board is not a party or
73.36 	decision maker.
74.1 	(d) Information obtained under this subdivision must be
74.2 	treated as private data under chapter 13.  An order issued by
74.3 	the board as the result of an applicant's or licensee's failure
74.4 	to submit to an examination or evaluation must be treated as
74.5 	public data under chapter 13.
74.6 		Subd. 5.Access to data and records. (a) In addition to
74.7 	ordering a physical or mental examination or chemical dependency
74.8 	evaluation, and notwithstanding section 13.384, 144.651, 595.02,
74.9 	or any other statute limiting access to health records, the
74.10 	board or a designated member of the board acting on behalf of
74.11 	the board may subpoena physical, mental, and chemical dependency
74.12 	health records relating to an applicant or licensee without the
74.13 	applicant's or licensee's consent if:
74.14 	(1) the board has probable cause to believe that the
74.15 	applicant or licensee has violated chapter 214, a statute or
74.16 	rule enforced by the board, or an order issued by the board; and 
74.17 	(2) the board has reason to believe that the records are
74.18 	relevant and necessary to the investigation.
74.19 	(b) An applicant, licensee, insurance company, government
74.20 	agency, health care facility, or provider as defined in section
74.21 	144.335, subdivision 1, paragraph (b), must comply with any
74.22 	subpoena of the board under this subdivision and is not liable
74.23 	in any action for damages for releasing information subpoenaed
74.24 	by the board under this subdivision unless the information
74.25 	provided is false and the person or entity providing the
74.26 	information knew or had reason to know that the information was
74.27 	false.
74.28 	(c) Information on individuals obtained under this
74.29 	subdivision must be treated as investigative data under section
74.30 	13.41 and be classified as confidential data.
74.31 	(d) If an applicant, licensee, person, or entity does not
74.32 	comply with any subpoena of the board under this subdivision,
74.33 	the board may institute a proceeding in any district court to
74.34 	enforce the board's subpoena.
74.35 		Subd. 6.Evidence of past sexual conduct. If, in a
74.36 	proceeding for taking action against an applicant or licensee
75.1 	under this section, the charges involve sexual contact with a
75.2 	client or former client, the board or administrative law judge
75.3 	must not consider evidence of the client's or former client's
75.4 	previous sexual conduct.  Reference to the client's or former
75.5 	client's previous sexual conduct must not be made during the
75.6 	proceedings or in the findings, except by motion of the
75.7 	complainant, unless the evidence would be admissible under the
75.8 	applicable provisions of section 609.347, subdivision 3.
75.9 		Subd. 7.Investigations involving vulnerable adults or
75.10 	children in need of protection. (a) Except as provided in
75.11 	paragraph (b), if the board receives a complaint about a social
75.12 	worker regarding the social worker's involvement in a case of
75.13 	vulnerable adults or children in need of protection, the county
75.14 	or other appropriate public authority may request that the board
75.15 	suspend its investigation, and the board must comply until such
75.16 	time as the court issues its findings on the case.
75.17 	(b) Notwithstanding paragraph (a), the board may continue
75.18 	with an investigation if the board determines that doing so is
75.19 	in the best interests of the vulnerable adult or child and is
75.20 	consistent with the board's obligation to protect the public.
75.21 	If the board chooses to continue an investigation, the board
75.22 	must notify the county or other appropriate public authority in
75.23 	writing and state its reasons for doing so.
75.24 		Subd. 8.Notification of complainant. (a) In no more
75.25 	than 14 calendar days after receiving a complaint regarding a
75.26 	licensee, the board must notify the complainant that the board
75.27 	has received the complaint.
75.28 	(b) The board must periodically notify the complainant of
75.29 	the status of the complaint.
75.30 		Subd. 9.Notification of licensee. (a) Except as
75.31 	provided in paragraph (b), in no more than 60 calendar days
75.32 	after receiving a complaint regarding a licensee, the board must
75.33 	notify the licensee that the board has received the complaint
75.34 	and inform the licensee of:
75.35 	(1) the substance of the complaint;
75.36 	(2) the sections of the law that allegedly have been
76.1 	violated; and 
76.2 	(3) whether an investigation is being conducted.
76.3 	(b) Paragraph (a) does not apply if:
76.4 	(1) the board determines that such notice would compromise
76.5 	the board's investigation pursuant to section 214.10; or 
76.6 	(2) the board determines that such notice cannot reasonably
76.7 	be accomplished within this time.
76.8 	(c) The board must periodically notify the licensee of the
76.9 	status of the complaint.
76.10 		Subd. 10.Resolution of complaints. In no more than one
76.11 	year after receiving a complaint regarding a licensee, the board
76.12 	must resolve or dismiss the complaint unless the board
76.13 	determines that resolving or dismissing the complaint cannot
76.14 	reasonably be accomplished within this time.

76.15 	Sec. 51. [148D.250] OBLIGATION TO COOPERATE.
76.16 		Subdivision 1.Obligation to cooperate. An applicant or
76.17 	licensee who is the subject of an investigation, or who is
76.18 	questioned by or on behalf of the board in connection with an
76.19 	investigation, must cooperate fully with the investigation.
76.20 	Cooperation includes, but is not limited to:
76.21 	(1) responding fully and promptly to any question relating
76.22 	to the investigation;
76.23 	(2) as reasonably requested by the board, providing copies
76.24 	of client and other records in the applicant's or licensee's
76.25 	possession relating to the investigation;
76.26 	(3) executing release of records as reasonably requested by
76.27 	the board; and 
76.28 	(4) appearing at conferences, hearings, or meetings
76.29 	scheduled by the board, as required in sections 148D.255 to
76.30 	148D.270 and chapter 214.
76.31 		Subd. 2.Investigation. A social worker must not
76.32 	knowingly withhold relevant information, give false or
76.33 	misleading information, or do anything to obstruct an
76.34 	investigation of the social worker or another social worker by
76.35 	the board or by another state or federal regulatory or law
76.36 	enforcement authority.
77.1 		Subd. 3.Payment for copies. The board must pay for
77.2 	copies requested by the board.
77.3 		Subd. 4.Access to client records. Notwithstanding any
77.4 	law to the contrary, an applicant or licensee must allow the
77.5 	board access to any records of a client provided services by the
77.6 	applicant or licensee under investigation.  If the client has
77.7 	not signed a consent permitting access to the client's records,
77.8 	the applicant or licensee must delete any data in the records
77.9 	that identifies the client before providing the records to the
77.10 	board.
77.11 		Subd. 5.Classification of data. Any records obtained
77.12 	pursuant to this subdivision must be treated as investigative
77.13 	data pursuant to section 13.41 and be classified as confidential
77.14 	data.
77.15 	TYPES OF ACTIONS

77.16 	Sec. 52. [148D.255] TYPES OF ACTIONS.
77.17 		Subdivision 1.Actions. The board may take disciplinary
77.18 	action pursuant to section 148D.260, adversarial but
77.19 	nondisciplinary action pursuant to section 148D.265, or
77.20 	voluntary action pursuant to section 148D.270.  Any action taken
77.21 	under sections 148D.260 to 148D.270 is public data.
77.22 		Subd. 2.Disciplinary action. For purposes of section
77.23 	148D.260, "disciplinary action" means an action taken by the
77.24 	board against an applicant or licensee that addresses a
77.25 	complaint alleging a violation of a statute or rule the board is
77.26 	empowered to enforce.
77.27 		Subd. 3.Adversarial but nondisciplinary action. For
77.28 	purposes of section 148D.265, "adversarial but nondisciplinary
77.29 	action" means a nondisciplinary action taken by the board that
77.30 	addresses a complaint alleging a violation of a statute or rule
77.31 	the board is empowered to enforce.
77.32 		Subd. 4.Voluntary action. For purposes of section
77.33 	148D.270, "voluntary action" means a nondisciplinary action
77.34 	agreed to by the board or a designated board member and an
77.35 	applicant or licensee that, through educational or other
77.36 	corrective means, addresses a complaint alleging a violation of
78.1 	a statute or rule that the board is empowered to enforce.

78.2 	Sec. 53. [148D.260] DISCIPLINARY ACTIONS.
78.3 		Subdivision 1.General disciplinary actions. (a) When
78.4 	the board has grounds for disciplinary actions under this
78.5 	chapter, the board may take one or more of the following
78.6 	disciplinary actions:
78.7 	(1) deny an application;
78.8 	(2) permanently revoke a license to practice social work;
78.9 	(3) indefinitely or temporarily suspend a license to
78.10 	practice social work;
78.11 	(4) impose restrictions on a licensee's scope of practice;
78.12 	(5) impose conditions required for the licensee to maintain
78.13 	licensure, including, but not limited to, additional education,
78.14 	supervision, and requiring the passing of an examination
78.15 	provided for in section 148D.055;
78.16 	(6) reprimand a licensee;
78.17 	(7) impose a civil penalty of up to $10,000 for each
78.18 	violation in order to discourage future violations or to deprive
78.19 	the licensee of any economic advantage gained by reason of the
78.20 	violation; or 
78.21 	(8) impose a fee to reimburse the board for all or part of
78.22 	the cost of the proceedings resulting in disciplinary action,
78.23 	including, but not limited to, the amount paid by the board for
78.24 	services received from or expenses incurred by the Office of
78.25 	Administrative Hearings, the Office of the Attorney General,
78.26 	court reporters, witnesses, board members, board staff, or the
78.27 	amount paid by the board for reproducing records.
78.28 	(b) Disciplinary action taken by the board under this
78.29 	subdivision is in effect pending determination of an appeal
78.30 	unless the court, upon petition and for good cause shown,
78.31 	decides otherwise.
78.32 		Subd. 2.Reprimands. (a) In addition to the board's
78.33 	authority to issue a reprimand pursuant to subdivision 1, a
78.34 	designated board member reviewing a complaint as provided for in
78.35 	chapter 214 may issue a reprimand to a licensee.  The designated
78.36 	board member must notify the licensee that the reprimand will
79.1 	become final disciplinary action unless the licensee requests a
79.2 	hearing by the board within 14 calendar days.
79.3 	(b) If the licensee requests a hearing within 14 calendar
79.4 	days, the board must schedule a hearing unless the designated
79.5 	board member withdraws the reprimand.
79.6 	(c) The hearing must be scheduled within 14 working days of
79.7 	the time the licensee submits a request for the hearing.
79.8 	(d) The designated board member who issued the reprimand
79.9 	may participate in the hearing but must not deliberate or vote
79.10 	on the decision by the board.
79.11 	(e) The only evidence permitted at the hearing is
79.12 	affidavits or other documents except for testimony by the
79.13 	licensee or other witnesses whose testimony the board chair has
79.14 	authorized for good cause.
79.15 	(f) If testimony is authorized, the testimony is subject to
79.16 	cross-examination.
79.17 	(g) After the hearing, the board must affirm or dismiss the
79.18 	reprimand.
79.19 		Subd. 3.Temporary suspensions. (a) In addition to any
79.20 	other remedy provided by statute, the board or a designated
79.21 	board member may, without a hearing, temporarily suspend a
79.22 	license to practice social work if the board or the designated
79.23 	board member finds that:
79.24 	(1) the licensee has violated a statute or rule enforced by
79.25 	the board, any other federal or state law or rule related to the
79.26 	practice of social work, or an order, stipulation, or agreement
79.27 	agreed to or issued by the board; and 
79.28 	(2) continued practice by the licensee would create a
79.29 	serious risk of harm to others.
79.30 	(b) The suspension is in effect upon service of a written
79.31 	order on the licensee specifying the statute, rule, order,
79.32 	stipulation, or agreement violated.  Service of the order is
79.33 	effective if the order is served on the licensee or the
79.34 	licensee's attorney personally or by first class mail to the
79.35 	most recent address provided to the board for the licensee or
79.36 	the licensee's attorney.
80.1 	(c) The temporary suspension remains in effect until after
80.2 	the board issues an order pursuant to paragraph (e), or if there
80.3 	is a contested case hearing, after the board issues a written
80.4 	final order pursuant to paragraph (g).
80.5 	(d) If the licensee requests in writing within five
80.6 	calendar days of service of the order that the board hold a
80.7 	hearing, the board must hold a hearing on the sole issue of
80.8 	whether to continue, modify, or lift the suspension.  The board
80.9 	must hold the hearing within ten working days of receipt of the
80.10 	licensee's written request.  Evidence presented by the board or
80.11 	licensee must be in affidavit form only, except that the
80.12 	licensee or the licensee's attorney may present oral argument.
80.13 	(e) Within five working days after the hearing, the board
80.14 	must issue its order.  If the licensee contests the order, the
80.15 	board must schedule a contested case hearing under chapter 14.
80.16 	The contested case hearing must be scheduled to occur within 45
80.17 	calendar days after issuance of the order.
80.18 	(f) The administrative law judge must issue a report within
80.19 	30 calendar days after the contested case hearing is concluded.
80.20 	(g) The board must issue a final order within 30 calendar
80.21 	days after the board receives the administrative law judge's
80.22 	report.

80.23 	Sec. 54. [148D.265] ADVERSARIAL BUT NONDISCIPLINARY
80.24 	ACTIONS.
80.25 		Subdivision 1.Automatic suspensions. (a) A license to
80.26 	practice social work is automatically suspended if:
80.27 	(1) a guardian of a licensee is appointed by order of a
80.28 	court pursuant to sections 524.5-101 and 524.5.102; or 
80.29 	(2) the licensee is committed by order of a court pursuant
80.30 	to chapter 253B.
80.31 	(b) A license remains suspended until:
80.32 	(1) the licensee is restored to capacity by a court; and 
80.33 	(2) upon petition by the licensee and after a hearing or an
80.34 	agreement with the licensee, the board terminates the suspension.
80.35 	(c) If the board terminates the suspension, it may do so
80.36 	with or without conditions or restrictions, including, but not
81.1 	limited to, participation in the health professional services
81.2 	program.
81.3 		Subd. 2.Cease and desist orders. (a) The board or a
81.4 	designated board member may issue a cease and desist order to
81.5 	stop a person from engaging in unauthorized practice or from
81.6 	violating or threatening to violate a statute or rule enforced
81.7 	by the board or an order, stipulation, or agreement agreed to or
81.8 	issued by the board.
81.9 	(b) The cease and desist order must state the reason for
81.10 	its issuance and give notice of the person's right to request a
81.11 	hearing under sections 14.57 to 14.62.  If the person fails to
81.12 	request a hearing in writing postmarked within 15 calendar days
81.13 	after service of the cease and desist order, the order is the
81.14 	final order of the board and is not reviewable by a court or
81.15 	agency.
81.16 	(c) If the board receives a written request for a hearing
81.17 	postmarked within 15 calendar days after service of the cease
81.18 	and desist order, the board must schedule a hearing within 30
81.19 	calendar days of receiving the request.
81.20 	(d) The administrative law judge must issue a report within
81.21 	30 calendar days after the contested case hearing is concluded.
81.22 	(e) Within 30 calendar days after the board receives the
81.23 	administrative law judge's report, the board must issue a final
81.24 	order modifying, vacating, or making permanent the cease and
81.25 	desist order.  The final order remains in effect until modified
81.26 	or vacated by the board.
81.27 	(f) If a person does not comply with a cease and desist
81.28 	order, the board may institute a proceeding in any district
81.29 	court to obtain injunctive relief or other appropriate relief,
81.30 	including but not limited to, a civil penalty payable to the
81.31 	board of up to $10,000 for each violation.
81.32 	(g) A cease and desist order issued pursuant to this
81.33 	subdivision does not relieve a person from criminal prosecution
81.34 	by a competent authority or from disciplinary action by the
81.35 	board.
81.36 		Subd. 3.Injunctive relief. (a) In addition to any other
82.1 	remedy provided by law, the board may bring an action in
82.2 	district court for injunctive relief to restrain any
82.3 	unauthorized practice or violation or threatened violation of
82.4 	any statute or rule, stipulation, or agreement agreed to or
82.5 	enforced by the board or an order issued by the board.
82.6 	(b) A temporary restraining order may be granted in the
82.7 	proceeding if continued activity by a person would create an
82.8 	imminent risk of harm to others.
82.9 	(c) Injunctive relief granted pursuant to this subdivision
82.10 	does not relieve a person from criminal prosecution by a
82.11 	competent authority or from disciplinary action by the board.
82.12 	(d) In bringing an action for injunctive relief, the board
82.13 	need not show irreparable harm.

82.14 	Sec. 55. [148D.270] VOLUNTARY ACTIONS.
82.15 		Subdivision 1.Agreements for corrective action. (a) The
82.16 	board or a designated board member may enter into an agreement
82.17 	for corrective action with an applicant or licensee when the
82.18 	board or a designated board member determines that a complaint
82.19 	alleging a violation of a statute or rule enforced by the board
82.20 	or an order issued by the board may best be resolved through an
82.21 	agreement for corrective action when disciplinary action is not
82.22 	required to protect the public.
82.23 	(b) An agreement for corrective action must:
82.24 	(1) be in writing;
82.25 	(2) specify the facts upon which the agreement is based;
82.26 	(3) clearly indicate the corrective action agreed upon; and 
82.27 	(4) provide that the complaint that resulted in the
82.28 	agreement must be dismissed by the board or the designated board
82.29 	member upon successful completion of the corrective action.
82.30 	(c) The board or designated board member may determine
82.31 	successful completion when the applicant or licensee submits a
82.32 	request for dismissal that documents the applicant's or
82.33 	licensee's successful completion of the corrective action.  The
82.34 	burden of proof is on the applicant or licensee to prove
82.35 	successful completion.
82.36 	(d) An agreement for corrective action is not disciplinary
83.1 	action but must be treated as public data under chapter 13.
83.2 	(e) The board may impose a fee to reimburse the board for
83.3 	all or part of the costs of the proceedings resulting in a
83.4 	corrective action, including, but not limited to, the amount
83.5 	paid by the board for services received from or expenses
83.6 	incurred by the Office of the Attorney General, board members,
83.7 	board staff, or the amount paid by the board for reproducing
83.8 	records.
83.9 	(f) The board or designated board member must not enter
83.10 	into an agreement for corrective action when the complaint
83.11 	alleged sexual conduct with a client unless there is
83.12 	insufficient evidence to justify disciplinary action but there
83.13 	is a basis for corrective action.
83.14 		Subd. 2.Stipulations to cease practicing social
83.15 	work. (a) The board or a designated board member may enter into
83.16 	a stipulation to cease practicing social work with a licensee if
83.17 	the board or designated board member determines that the
83.18 	licensee is unable to practice social work competently or safely
83.19 	or that the social worker's continued practice creates an
83.20 	unacceptable risk of safety to clients, potential clients, or
83.21 	the public.
83.22 	(b) A stipulation to cease practicing social work must:
83.23 	(1) be in writing;
83.24 	(2) specify the facts upon which the stipulation is based;
83.25 	(3) clearly indicate that the licensee must not practice
83.26 	social work and must not hold out to the public that the social
83.27 	worker is licensed; and 
83.28 	(4) specify the term of the stipulation or when and under
83.29 	what circumstances the licensee may petition the board for
83.30 	termination of the stipulation.
83.31 	(c) A stipulation to cease practicing social work is not
83.32 	disciplinary action but must be treated as public data under
83.33 	chapter 13.
83.34 	(d) Nothing in this subdivision prevents the board or
83.35 	designated board member from taking any other disciplinary or
83.36 	adversarial action authorized by sections 148D.255 to 148D.265
84.1 	in lieu of or in addition to entering into a stipulation to
84.2 	cease practicing social work.
84.3 	REQUIREMENTS OF NONLICENSEES

84.4 	Sec. 56. [148D.275] UNAUTHORIZED PRACTICE.
84.5 	No individual may:
84.6 	(1) engage in the practice of social work without a social
84.7 	work license under sections 148D.055 and 148D.060, except when
84.8 	the individual is exempt from licensure pursuant to section
84.9 	148D.065;
84.10 	(2) provide social work services to a client who resides in
84.11 	this state when the individual providing the services is not
84.12 	licensed as a social worker pursuant to sections 148D.055 to
84.13 	148D.060, except when the individual is exempt from licensure
84.14 	pursuant to section 148D.065.

84.15 	Sec. 57. [148D.280] USE OF TITLES.
84.16 	No individual may be presented to the public by any title
84.17 	incorporating the words "social work" or "social worker" or in
84.18 	the titles in section 148D.195, unless that individual holds a
84.19 	license pursuant to sections 148D.055 and 148D.060, or practices
84.20 	in a setting exempt from licensure pursuant to section 148D.065.

84.21 	Sec. 58. [148D.285] REPORTING REQUIREMENTS.
84.22 		Subdivision 1.Institutions. A state agency, political
84.23 	subdivision, agency of a local unit of government, private
84.24 	agency, hospital, clinic, prepaid medical plan, or other health
84.25 	care institution or organization must report to the board:
84.26 	(1) any adversarial action, disciplinary action, or other
84.27 	sanction for conduct that might constitute grounds for action
84.28 	under section 148D.190;
84.29 	(2) the resignation of any applicant or licensee prior to
84.30 	the conclusion of any proceeding for adversarial action,
84.31 	disciplinary action, or other sanction for conduct that might
84.32 	constitute grounds for action under section 148D.190; or 
84.33 	(3) the resignation of any applicant or licensee prior to
84.34 	the commencement of a proceeding for adversarial action,
84.35 	disciplinary action, or other sanction for conduct that might
84.36 	constitute grounds for action under section 148D.190, but after
85.1 	the applicant or licensee had knowledge that a proceeding was
85.2 	contemplated or in preparation.
85.3 		Subd. 2.Professional societies and associations. A
85.4 	state or local professional society or association whose members
85.5 	consist primarily of licensed social workers must report to the
85.6 	board any adversarial action, disciplinary action, or other
85.7 	sanction taken against a member.
85.8 		Subd. 3.Immunity. An individual, professional society
85.9 	or association, state agency, political subdivision, agency of a
85.10 	local unit of government, private agency, hospital, clinic,
85.11 	prepaid medical plan, other health care institution or
85.12 	organization or other entity is immune from civil liability or
85.13 	criminal prosecution for submitting in good faith a report under
85.14 	subdivision 1 or 2 or for otherwise reporting, providing
85.15 	information, or testifying about violations or alleged
85.16 	violations of this chapter.

85.17 	Sec. 59. [148D.290] PENALTIES.
85.18 	An individual or other entity that violates section
85.19 	148D.275, 148D.280, or 148D.285 is guilty of a misdemeanor.

85.20 	Sec. 60. APPROPRIATIONS.
 85.21 	$....... is appropriated from state government special
85.22 	revenue funds to the Board of Social Work for fiscal year 2006
85.23 	and $....... is appropriated for fiscal year 2007.

85.24 	Sec. 61. REPEALER.
 85.25 		Subdivision 1.Repeal of statutes. Minnesota Statutes
85.26 	2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21;
85.27 	148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24;
85.28 	148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282;
85.29 	148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; and
85.30 	148B.289, are repealed.
85.31 		Subd. 2.Repeal of rules. Minnesota Rules, parts
85.32 	8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130;
85.33 	8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240;
85.34 	8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315;
85.35 	8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; and
85.36 	8740.0345, are repealed.

86.1 	Sec. 62. EFFECTIVE DATE.
 86.2 	Sections 1 to 59 and 61 are effective January 1, 2006.
86.3 	Section 60 is effective July 1, 2005.

86.4 	ARTICLE 2
86.5 	CONFORMING AMENDMENTS

86.6 	Section 1. Minnesota Statutes 2004, section 13.383,
86.7 	subdivision 10, is amended to read:
86.8 		Subd. 10.Social workers.  (a)  [DISCIPLINARY DATA
86.9 	GENERALLY.] Data held by the Board of Social Work in connection
86.10 	with disciplinary matters are classified under
86.11 	sections 148B.281, subdivisions 2 and 5, and 148B.285148D.255
86.12 	to 148D.270.
86.13 	(b)  [REPORTS OF VIOLATIONS.] Certain reports of violations
86.14 	submitted to the Board of Social Work are classified
86.15 	under section 148B.284sections 148D.240 to 148D.250.
86.16 	(c)  [CLIENT RECORDS.] Client records of a patient cared
86.17 	for by a social worker who is under review by the Board of
86.18 	Social Work are classified under sections 148B.282 and 148B.286,
86.19 	subdivision 3 section 148D.230.

86.20 	Sec. 2. Minnesota Statutes 2004, section 13.411,
86.21 	subdivision 5, is amended to read:
86.22 		Subd. 5.Social workers.  Residence addresses and
86.23 	telephone numbers of social worker licensees are classified
86.24 	under section 148B.285, subdivision 5chapter 148D.

86.25 	Sec. 3. Minnesota Statutes 2004, section 144.335,
86.26 	subdivision 1, is amended to read:
86.27 		Subdivision 1.Definitions.  For the purposes of this
86.28 	section, the following terms have the meanings given them:
86.29 	(a) "Patient" means a natural person who has received
86.30 	health care services from a provider for treatment or
86.31 	examination of a medical, psychiatric, or mental condition, the
86.32 	surviving spouse and parents of a deceased patient, or a person
86.33 	the patient appoints in writing as a representative, including a
86.34 	health care agent acting pursuant to chapter 145C, unless the
86.35 	authority of the agent has been limited by the principal in the
86.36 	principal's health care directive.  Except for minors who have
87.1 	received health care services pursuant to sections 144.341 to
87.2 	144.347, in the case of a minor, patient includes a parent or
87.3 	guardian, or a person acting as a parent or guardian in the
87.4 	absence of a parent or guardian.
87.5 	(b) "Provider" means (1) any person who furnishes health
87.6 	care services and is regulated to furnish the services pursuant
87.7 	to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D,
87.8 	150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a
87.9 	home care provider licensed under section 144A.46; (3) a health
87.10 	care facility licensed pursuant to this chapter or chapter 144A;
87.11 	(4) a physician assistant registered under chapter 147A; and (5)
87.12 	an unlicensed mental health practitioner regulated pursuant to
87.13 	sections 148B.60 to 148B.71.
87.14 	(c) "Individually identifiable form" means a form in which
87.15 	the patient is or can be identified as the subject of the health
87.16 	records.

87.17 	Sec. 4. Minnesota Statutes 2004, section 144A.46,
87.18 	subdivision 2, is amended to read:
87.19 		Subd. 2.Exemptions.  The following individuals or
87.20 	organizations are exempt from the requirement to obtain a home
87.21 	care provider license:
87.22 	(1) a person who is licensed as a registered nurse under
87.23 	sections 148.171 to 148.285 and who independently provides
87.24 	nursing services in the home without any contractual or
87.25 	employment relationship to a home care provider or other
87.26 	organization;
87.27 	(2) a personal care assistant who provides services to only
87.28 	one individual under the medical assistance program as
87.29 	authorized under sections 256B.0625, subdivision 19a, and
87.30 	256B.04, subdivision 16;
87.31 	(3) a person or organization that exclusively offers,
87.32 	provides, or arranges for personal care assistant services to
87.33 	only one individual under the medical assistance program as
87.34 	authorized under sections 256B.0625, subdivision 19a, and
87.35 	256B.04, subdivision 16;
87.36 	(4) a person who is licensed under sections 148.65 to
88.1 	148.78 and who independently provides physical therapy services
88.2 	in the home without any contractual or employment relationship
88.3 	to a home care provider or other organization;
88.4 	(5) a provider that is licensed by the commissioner of
88.5 	human services to provide semi-independent living services under
88.6 	Minnesota Rules, parts 9525.0500 to 9525.0660 when providing
88.7 	home care services to a person with a developmental disability;
88.8 	(6) a provider that is licensed by the commissioner of
88.9 	human services to provide home and community-based services
88.10 	under Minnesota Rules, parts 9525.2000 to 9525.2140 when
88.11 	providing home care services to a person with a developmental
88.12 	disability;
88.13 	(7) a person or organization that provides only home
88.14 	management services, if the person or organization is registered
88.15 	under section 144A.461; or
88.16 	(8) a person who is licensed as a social worker under
88.17 	sections 148B.18 to 148B.289chapter 148D and who provides
88.18 	social work services in the home independently and not through
88.19 	any contractual or employment relationship with a home care
88.20 	provider or other organization.
88.21 	An exemption under this subdivision does not excuse the
88.22 	individual from complying with applicable provisions of the home
88.23 	care bill of rights.

88.24 	Sec. 5. Minnesota Statutes 2004, section 147.09, is
88.25 	amended to read:
88.26 	147.09 EXEMPTIONS.
88.27 	Section 147.081 does not apply to, control, prevent or
88.28 	restrict the practice, service, or activities of:
88.29 	(1) A person who is a commissioned medical officer of, a
88.30 	member of, or employed by, the armed forces of the United
88.31 	States, the United States Public Health Service, the Veterans
88.32 	Administration, any federal institution or any federal agency
88.33 	while engaged in the performance of official duties within this
88.34 	state, if the person is licensed elsewhere.
88.35 	(2) A licensed physician from a state or country who is in
88.36 	actual consultation here.
89.1 	(3) A licensed or registered physician who treats the
89.2 	physician's home state patients or other participating patients
89.3 	while the physicians and those patients are participating
89.4 	together in outdoor recreation in this state as defined by
89.5 	section 86A.03, subdivision 3.  A physician shall first register
89.6 	with the board on a form developed by the board for that
89.7 	purpose.  The board shall not be required to promulgate the
89.8 	contents of that form by rule.  No fee shall be charged for this
89.9 	registration.
89.10 	(4) A student practicing under the direct supervision of a
89.11 	preceptor while the student is enrolled in and regularly
89.12 	attending a recognized medical school.
89.13 	(5) A student who is in continuing training and performing
89.14 	the duties of an intern or resident or engaged in postgraduate
89.15 	work considered by the board to be the equivalent of an
89.16 	internship or residency in any hospital or institution approved
89.17 	for training by the board, provided the student has a residency
89.18 	permit issued by the board under section 147.0391.
89.19 	(6) A person employed in a scientific, sanitary, or
89.20 	teaching capacity by the state university, the Department of
89.21 	Education, a public or private school, college, or other bona
89.22 	fide educational institution, a nonprofit organization, which
89.23 	has tax-exempt status in accordance with the Internal Revenue
89.24 	Code, section 501(c)(3), and is organized and operated primarily
89.25 	for the purpose of conducting scientific research directed
89.26 	towards discovering the causes of and cures for human diseases,
89.27 	or the state Department of Health, whose duties are entirely of
89.28 	a research, public health, or educational character, while
89.29 	engaged in such duties; provided that if the research includes
89.30 	the study of humans, such research shall be conducted under the
89.31 	supervision of one or more physicians licensed under this
89.32 	chapter.
89.33 	(7) Physician's assistants registered in this state.
89.34 	(8) A doctor of osteopathy duly licensed by the state Board
89.35 	of Osteopathy under Minnesota Statutes 1961, sections 148.11 to
89.36 	148.16, prior to May 1, 1963, who has not been granted a license
90.1 	to practice medicine in accordance with this chapter provided
90.2 	that the doctor confines activities within the scope of the
90.3 	license.
90.4 	(9) Any person licensed by a health related licensing
90.5 	board, as defined in section 214.01, subdivision 2, or
90.6 	registered by the commissioner of health pursuant to section
90.7 	214.13, including psychological practitioners with respect to
90.8 	the use of hypnosis; provided that the person confines
90.9 	activities within the scope of the license.
90.10 	(10) A person who practices ritual circumcision pursuant to
90.11 	the requirements or tenets of any established religion.
90.12 	(11) A Christian Scientist or other person who endeavors to
90.13 	prevent or cure disease or suffering exclusively by mental or
90.14 	spiritual means or by prayer.
90.15 	(12) A physician licensed to practice medicine in another
90.16 	state who is in this state for the sole purpose of providing
90.17 	medical services at a competitive athletic event.  The physician
90.18 	may practice medicine only on participants in the athletic
90.19 	event.  A physician shall first register with the board on a
90.20 	form developed by the board for that purpose.  The board shall
90.21 	not be required to adopt the contents of the form by rule.  The
90.22 	physician shall provide evidence satisfactory to the board of a
90.23 	current unrestricted license in another state.  The board shall
90.24 	charge a fee of $50 for the registration.
90.25 	(13) A psychologist licensed under section 148.907 or a
90.26 	social worker licensed under section 148B.21chapter 148D who
90.27 	uses or supervises the use of a penile or vaginal plethysmograph
90.28 	in assessing and treating individuals suspected of engaging in
90.29 	aberrant sexual behavior and sex offenders.
90.30 	(14) Any person issued a training course certificate or
90.31 	credentialed by the Emergency Medical Services Regulatory Board
90.32 	established in chapter 144E, provided the person confines
90.33 	activities within the scope of training at the certified or
90.34 	credentialed level.
90.35 	(15) An unlicensed complementary and alternative health
90.36 	care practitioner practicing according to chapter 146A.

91.1 	Sec. 6. Minnesota Statutes 2004, section 214.01,
91.2 	subdivision 2, is amended to read:
91.3 		Subd. 2.Health-related licensing board.  "Health-related
91.4 	licensing board" means the Board of Examiners of Nursing Home
91.5 	Administrators established pursuant to section 144A.19, the
91.6 	Office of Unlicensed Complementary and Alternative Health Care
91.7 	Practice established pursuant to section 146A.02, the Board of
91.8 	Medical Practice created pursuant to section 147.01, the Board
91.9 	of Nursing created pursuant to section 148.181, the Board of
91.10 	Chiropractic Examiners established pursuant to section 148.02,
91.11 	the Board of Optometry established pursuant to section 148.52,
91.12 	the Board of Physical Therapy established pursuant to section
91.13 	148.67, the Board of Psychology established pursuant to section
91.14 	148.90, the Board of Social Work pursuant to section 148B.19 
91.15 	148D.025, the Board of Marriage and Family Therapy pursuant to
91.16 	section 148B.30, the Office of Mental Health Practice
91.17 	established pursuant to section 148B.61, the Board of Behavioral
91.18 	Health and Therapy established by section 148B.51, the Alcohol
91.19 	and Drug Counselors Licensing Advisory Council established
91.20 	pursuant to section 148C.02, the Board of Dietetics and
91.21 	Nutrition Practice established under section 148.622, the Board
91.22 	of Dentistry established pursuant to section 150A.02, the Board
91.23 	of Pharmacy established pursuant to section 151.02, the Board of
91.24 	Podiatric Medicine established pursuant to section 153.02, and
91.25 	the Board of Veterinary Medicine, established pursuant to
91.26 	section 156.01.

91.27 	Sec. 7. Minnesota Statutes 2004, section 245.462,
91.28 	subdivision 18, is amended to read:
91.29 		Subd. 18.Mental health professional.  "Mental health
91.30 	professional" means a person providing clinical services in the
91.31 	treatment of mental illness who is qualified in at least one of
91.32 	the following ways:
91.33 	(1) in psychiatric nursing:  a registered nurse who is
91.34 	licensed under sections 148.171 to 148.285; and:
91.35 	(i) who is certified as a clinical specialist or as a nurse
91.36 	practitioner in adult or family psychiatric and mental health
92.1 	nursing by a national nurse certification organization; or
92.2 	(ii) who has a master's degree in nursing or one of the
92.3 	behavioral sciences or related fields from an accredited college
92.4 	or university or its equivalent, with at least 4,000 hours of
92.5 	post-master's supervised experience in the delivery of clinical
92.6 	services in the treatment of mental illness;
92.7 	(2) in clinical social work:  a person licensed as an
92.8 	independent clinical social worker under section 148B.21,
92.9 	subdivision 6 chapter 148D, or a person with a master's degree
92.10 	in social work from an accredited college or university, with at
92.11 	least 4,000 hours of post-master's supervised experience in the
92.12 	delivery of clinical services in the treatment of mental
92.13 	illness;
92.14 	(3) in psychology:  an individual licensed by the Board of
92.15 	Psychology under sections 148.88 to 148.98 who has stated to the
92.16 	Board of Psychology competencies in the diagnosis and treatment
92.17 	of mental illness;
92.18 	(4) in psychiatry:  a physician licensed under chapter 147
92.19 	and certified by the American Board of Psychiatry and Neurology
92.20 	or eligible for board certification in psychiatry;
92.21 	(5) in marriage and family therapy:  the mental health
92.22 	professional must be a marriage and family therapist licensed
92.23 	under sections 148B.29 to 148B.39 with at least two years of
92.24 	post-master's supervised experience in the delivery of clinical
92.25 	services in the treatment of mental illness; or
92.26 	(6) in allied fields:  a person with a master's degree from
92.27 	an accredited college or university in one of the behavioral
92.28 	sciences or related fields, with at least 4,000 hours of
92.29 	post-master's supervised experience in the delivery of clinical
92.30 	services in the treatment of mental illness.

92.31 	Sec. 8. Minnesota Statutes 2004, section 245.4871,
92.32 	subdivision 27, is amended to read:
92.33 		Subd. 27.Mental health professional.  "Mental health
92.34 	professional" means a person providing clinical services in the
92.35 	diagnosis and treatment of children's emotional disorders.  A
92.36 	mental health professional must have training and experience in
93.1 	working with children consistent with the age group to which the
93.2 	mental health professional is assigned.  A mental health
93.3 	professional must be qualified in at least one of the following
93.4 	ways:
93.5 	(1) in psychiatric nursing, the mental health professional
93.6 	must be a registered nurse who is licensed under sections
93.7 	148.171 to 148.285 and who is certified as a clinical specialist
93.8 	in child and adolescent psychiatric or mental health nursing by
93.9 	a national nurse certification organization or who has a
93.10 	master's degree in nursing or one of the behavioral sciences or
93.11 	related fields from an accredited college or university or its
93.12 	equivalent, with at least 4,000 hours of post-master's
93.13 	supervised experience in the delivery of clinical services in
93.14 	the treatment of mental illness;
93.15 	(2) in clinical social work, the mental health professional
93.16 	must be a person licensed as an independent clinical social
93.17 	worker under section 148B.21, subdivision 6chapter 148D, or a
93.18 	person with a master's degree in social work from an accredited
93.19 	college or university, with at least 4,000 hours of
93.20 	post-master's supervised experience in the delivery of clinical
93.21 	services in the treatment of mental disorders;
93.22 	(3) in psychology, the mental health professional must be
93.23 	an individual licensed by the board of psychology under sections
93.24 	148.88 to 148.98 who has stated to the board of psychology
93.25 	competencies in the diagnosis and treatment of mental disorders;
93.26 	(4) in psychiatry, the mental health professional must be a
93.27 	physician licensed under chapter 147 and certified by the
93.28 	American board of psychiatry and neurology or eligible for board
93.29 	certification in psychiatry;
93.30 	(5) in marriage and family therapy, the mental health
93.31 	professional must be a marriage and family therapist licensed
93.32 	under sections 148B.29 to 148B.39 with at least two years of
93.33 	post-master's supervised experience in the delivery of clinical
93.34 	services in the treatment of mental disorders or emotional
93.35 	disturbances; or
93.36 	(6) in allied fields, the mental health professional must
94.1 	be a person with a master's degree from an accredited college or
94.2 	university in one of the behavioral sciences or related fields,
94.3 	with at least 4,000 hours of post-master's supervised experience
94.4 	in the delivery of clinical services in the treatment of
94.5 	emotional disturbances.

94.6 	Sec. 9. Minnesota Statutes 2004, section 256B.0625,
94.7 	subdivision 38, is amended to read:
94.8 		Subd. 38.Payments for mental health services.  Payments
94.9 	for mental health services covered under the medical assistance
94.10 	program that are provided by masters-prepared mental health
94.11 	professionals shall be 80 percent of the rate paid to
94.12 	doctoral-prepared professionals.  Payments for mental health
94.13 	services covered under the medical assistance program that are
94.14 	provided by masters-prepared mental health professionals
94.15 	employed by community mental health centers shall be 100 percent
94.16 	of the rate paid to doctoral-prepared professionals.  For
94.17 	purposes of reimbursement of mental health professionals under
94.18 	the medical assistance program, all social workers who:
94.19 	(1) have received a master's degree in social work from a
94.20 	program accredited by the Council on Social Work Education;
94.21 	(2) are licensed at the level of graduate social worker or
94.22 	independent social worker; and
94.23 	(3) are practicing clinical social work under appropriate
94.24 	supervision, as defined by section 148B.18chapter 148D; meet
94.25 	all requirements under Minnesota Rules, part 9505.0323, subpart
94.26 	24, and shall be paid accordingly.

94.27 	Sec. 10. Minnesota Statutes 2004, section 256J.08,
94.28 	subdivision 73a, is amended to read:
94.29 		Subd. 73a.Qualified professional.  (a) For physical
94.30 	illness, injury, or incapacity, a "qualified professional" means
94.31 	a licensed physician, a physician's assistant, a nurse
94.32 	practitioner, or a licensed chiropractor.
94.33 	(b) For mental retardation and intelligence testing, a
94.34 	"qualified professional" means an individual qualified by
94.35 	training and experience to administer the tests necessary to
94.36 	make determinations, such as tests of intellectual functioning,
95.1 	assessments of adaptive behavior, adaptive skills, and
95.2 	developmental functioning.  These professionals include licensed
95.3 	psychologists, certified school psychologists, or certified
95.4 	psychometrists working under the supervision of a licensed
95.5 	psychologist.
95.6 	(c) For learning disabilities, a "qualified professional"
95.7 	means a licensed psychologist or school psychologist with
95.8 	experience determining learning disabilities.
95.9 	(d) For mental health, a "qualified professional" means a
95.10 	licensed physician or a qualified mental health professional.  A
95.11 	"qualified mental health professional" means:
95.12 	(1) for children, in psychiatric nursing, a registered
95.13 	nurse who is licensed under sections 148.171 to 148.285, and who
95.14 	is certified as a clinical specialist in child and adolescent
95.15 	psychiatric or mental health nursing by a national nurse
95.16 	certification organization or who has a master's degree in
95.17 	nursing or one of the behavioral sciences or related fields from
95.18 	an accredited college or university or its equivalent, with at
95.19 	least 4,000 hours of post-master's supervised experience in the
95.20 	delivery of clinical services in the treatment of mental
95.21 	illness;
95.22 	(2) for adults, in psychiatric nursing, a registered nurse
95.23 	who is licensed under sections 148.171 to 148.285, and who is
95.24 	certified as a clinical specialist in adult psychiatric and
95.25 	mental health nursing by a national nurse certification
95.26 	organization or who has a master's degree in nursing or one of
95.27 	the behavioral sciences or related fields from an accredited
95.28 	college or university or its equivalent, with at least 4,000
95.29 	hours of post-master's supervised experience in the delivery of
95.30 	clinical services in the treatment of mental illness;
95.31 	(3) in clinical social work, a person licensed as an
95.32 	independent clinical social worker under section 148B.21,
95.33 	subdivision 6 chapter 148D, or a person with a master's degree
95.34 	in social work from an accredited college or university, with at
95.35 	least 4,000 hours of post-master's supervised experience in the
95.36 	delivery of clinical services in the treatment of mental
96.1 	illness;
96.2 	(4) in psychology, an individual licensed by the Board of
96.3 	Psychology under sections 148.88 to 148.98, who has stated to
96.4 	the Board of Psychology competencies in the diagnosis and
96.5 	treatment of mental illness;
96.6 	(5) in psychiatry, a physician licensed under chapter 147
96.7 	and certified by the American Board of Psychiatry and Neurology
96.8 	or eligible for board certification in psychiatry; and
96.9 	(6) in marriage and family therapy, the mental health
96.10 	professional must be a marriage and family therapist licensed
96.11 	under sections 148B.29 to 148B.39, with at least two years of
96.12 	post-master's supervised experience in the delivery of clinical
96.13 	services in the treatment of mental illness.

96.14 	Sec. 11. Minnesota Statutes 2004, section 319B.02,
96.15 	subdivision 19, is amended to read:
96.16 		Subd. 19.Professional services.  "Professional services"
96.17 	means services of the type required or permitted to be furnished
96.18 	by a professional under a license, registration, or certificate
96.19 	issued by the state of Minnesota to practice medicine and
96.20 	surgery under sections 147.01 to 147.22, as a physician
96.21 	assistant pursuant to sections 147A.01 to 147A.27, chiropractic
96.22 	under sections 148.01 to 148.105, registered nursing under
96.23 	sections 148.171 to 148.285, optometry under sections 148.52 to
96.24 	148.62, psychology under sections 148.88 to 148.98, social work
96.25 	under sections 148B.18 to 148B.289chapter 148D, dentistry and
96.26 	dental hygiene under sections 150A.01 to 150A.12, pharmacy under
96.27 	sections 151.01 to 151.40, podiatric medicine under sections
96.28 	153.01 to 153.25, veterinary medicine under sections 156.001 to
96.29 	156.14, architecture, engineering, surveying, landscape
96.30 	architecture, geoscience, and certified interior design under
96.31 	sections 326.02 to 326.15, accountancy under chapter 326A, or
96.32 	law under sections 481.01 to 481.17, or under a license or
96.33 	certificate issued by another state under similar laws.
96.34 	Professional services includes services of the type required to
96.35 	be furnished by a professional pursuant to a license or other
96.36 	authority to practice law under the laws of a foreign nation.

97.1 	Sec. 12. Minnesota Statutes 2004, section 319B.40, is
97.2 	amended to read:
97.3 	319B.40 PROFESSIONAL HEALTH SERVICES.
97.4 	(a) Individuals who furnish professional services pursuant
97.5 	to a license, registration, or certificate issued by the state
97.6 	of Minnesota to practice medicine pursuant to sections 147.01 to
97.7 	147.22, as a physician assistant pursuant to sections 147A.01 to
97.8 	147A.27, chiropractic pursuant to sections 148.01 to 148.106,
97.9 	registered nursing pursuant to sections 148.171 to 148.285,
97.10 	optometry pursuant to sections 148.52 to 148.62, psychology
97.11 	pursuant to sections 148.88 to 148.98, social work pursuant to
97.12 	sections 148B.18 to 148B.289chapter 148D, dentistry pursuant to
97.13 	sections 150A.01 to 150A.12, pharmacy pursuant to sections
97.14 	151.01 to 151.40, or podiatric medicine pursuant to sections
97.15 	153.01 to 153.26 are specifically authorized to practice any of
97.16 	these categories of services in combination if the individuals
97.17 	are organized under this chapter.
97.18 	(b) This authorization does not authorize an individual to
97.19 	practice any profession, or furnish a professional service, for
97.20 	which the individual is not licensed, registered, or certified,
97.21 	but otherwise applies regardless of any contrary provision of a
97.22 	licensing statute or rules adopted pursuant to that statute,
97.23 	related to practicing and organizing in combination with other
97.24 	health services professionals.

97.25 	Sec. 13. EFFECTIVE DATE.
 97.26 	This article is effective January 1, 2006.