1.1                          A bill for an act 
  1.2             relating to health occupations; temporarily exempting 
  1.3             certain persons who are refugees or immigrants to the 
  1.4             United States and for whom English is a second 
  1.5             language from the examination requirement for social 
  1.6             work licensure and for obtaining a temporary permit to 
  1.7             practice social work; amending Minnesota Statutes 
  1.8             2000, section 148B.21, subdivisions 3, 4, 5, 6, and 7. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 148B.21, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [SOCIAL WORKER.] (a) Except as provided in 
  1.13  paragraph (b), to be licensed as a social worker, an applicant 
  1.14  must provide evidence satisfactory to the board that the 
  1.15  applicant: 
  1.16     (1) has received a baccalaureate degree from an accredited 
  1.17  program of social work; 
  1.18     (2) has passed the examination provided for in section 
  1.19  148B.20, subdivision 1; 
  1.20     (3) will engage in social work practice only under 
  1.21  supervision as defined in section 148B.18, subdivision 12, for 
  1.22  at least two years in full-time employment or 4,000 hours of 
  1.23  part-time employment; 
  1.24     (4) will conduct all professional activities as a social 
  1.25  worker in accordance with standards for professional conduct 
  1.26  established by the statutes and rules of the board; and 
  1.27     (5) has not engaged in conduct warranting a disciplinary 
  2.1   action against a licensee.  If the applicant has engaged in 
  2.2   conduct warranting disciplinary action against a licensee, the 
  2.3   board may issue a license only on the applicant's showing that 
  2.4   the public will be protected through the issuance of a license 
  2.5   with conditions or limitations approved by the board. 
  2.6      (b) An applicant who was born in a foreign country, who has 
  2.7   taken and failed to pass the examination specified in paragraph 
  2.8   (a), clause (2), at least once since January 1, 2000, and for 
  2.9   whom English is a second language, is eligible for licensure as 
  2.10  a social worker if the applicant: 
  2.11     (1) provides evidence satisfactory to the board of 
  2.12  compliance with the requirements in paragraph (a), clauses (1), 
  2.13  (3), (4), and (5); and 
  2.14     (2) provides to the board letters of recommendation and 
  2.15  experience ratings from two licensed social workers and one 
  2.16  professor from the applicant's social work program who can 
  2.17  attest to the applicant's competence.  
  2.18  This paragraph expires August 1, 2005.  
  2.19     Sec. 2.  Minnesota Statutes 2000, section 148B.21, 
  2.20  subdivision 4, is amended to read: 
  2.21     Subd. 4.  [GRADUATE SOCIAL WORKER.] (a) Except as provided 
  2.22  in paragraph (b), to be licensed as a graduate social worker, an 
  2.23  applicant must provide evidence satisfactory to the board that 
  2.24  the applicant: 
  2.25     (1) has received a master's degree from an accredited 
  2.26  program of social work or doctoral degree in social work; 
  2.27     (2) has passed the examination provided for in section 
  2.28  148B.20, subdivision 1; 
  2.29     (3) will engage in social work practice only under 
  2.30  supervision as defined in section 148B.18, subdivision 12; 
  2.31     (4) will conduct all professional activities as a graduate 
  2.32  social worker in accordance with standards for professional 
  2.33  conduct established by the statutes and rules of the board; and 
  2.34     (5) has not engaged in conduct warranting a disciplinary 
  2.35  action against a licensee.  If the applicant has engaged in 
  2.36  conduct warranting disciplinary action against a licensee, the 
  3.1   board may issue a license only on the applicant's showing that 
  3.2   the public will be protected through the issuance of a license 
  3.3   with conditions or limitations approved by the board. 
  3.4      (b) An applicant who was born in a foreign country, who has 
  3.5   taken and failed to pass the examination specified in paragraph 
  3.6   (a), clause (2), at least once since January 1, 2000, and for 
  3.7   whom English is a second language, is eligible for licensure as 
  3.8   a graduate social worker if the applicant: 
  3.9      (1) provides evidence satisfactory to the board of 
  3.10  compliance with the requirements in paragraph (a), clauses (1), 
  3.11  (3), (4), and (5); and 
  3.12     (2) provides to the board letters of recommendation and 
  3.13  experience ratings from two licensed social workers and one 
  3.14  professor from the applicant's social work program who can 
  3.15  attest to the applicant's competence.  
  3.16  This paragraph expires August 1, 2005.  
  3.17     Sec. 3.  Minnesota Statutes 2000, section 148B.21, 
  3.18  subdivision 5, is amended to read: 
  3.19     Subd. 5.  [INDEPENDENT SOCIAL WORKER.] (a) Except as 
  3.20  provided in paragraph (b), to be licensed as an independent 
  3.21  social worker, an applicant must provide evidence satisfactory 
  3.22  to the board that the applicant: 
  3.23     (1) has received a master's degree from an accredited 
  3.24  program of social work or doctoral degree in social work; 
  3.25     (2) has passed the examination provided for in section 
  3.26  148B.20, subdivision 1; 
  3.27     (3) has practiced social work for at least two years in 
  3.28  full-time employment or 4,000 hours of part-time employment 
  3.29  under supervision as defined in section 148B.18, subdivision 12, 
  3.30  after receiving the master's or doctoral degree in social work; 
  3.31     (4) will conduct all professional activities as an 
  3.32  independent social worker in accordance with standards for 
  3.33  professional conduct established by the statutes and rules of 
  3.34  the board; and 
  3.35     (5) has not engaged in conduct warranting a disciplinary 
  3.36  action against a licensee.  If the applicant has engaged in 
  4.1   conduct warranting disciplinary action against a licensee, the 
  4.2   board may issue a license only on the applicant's showing that 
  4.3   the public will be protected through the issuance of a license 
  4.4   with conditions or limitations approved by the board. 
  4.5      (b) An applicant who was born in a foreign country, who has 
  4.6   taken and failed to pass the examination specified in paragraph 
  4.7   (a), clause (2), at least once since January 1, 2000, and for 
  4.8   whom English is a second language, is eligible for licensure as 
  4.9   an independent social worker if the applicant: 
  4.10     (1) provides evidence satisfactory to the board of 
  4.11  compliance with the requirements in paragraph (a), clauses (1), 
  4.12  (3), (4), and (5); and 
  4.13     (2) provides to the board letters of recommendation and 
  4.14  experience ratings from two licensed social workers and one 
  4.15  professor from the applicant's social work program who can 
  4.16  attest to the applicant's competence. 
  4.17  This paragraph expires August 1, 2005. 
  4.18     Sec. 4.  Minnesota Statutes 2000, section 148B.21, 
  4.19  subdivision 6, is amended to read: 
  4.20     Subd. 6.  [INDEPENDENT CLINICAL SOCIAL WORKER.] (a) Except 
  4.21  as provided in paragraph (b), to be licensed as an independent 
  4.22  clinical social worker, an applicant must provide evidence 
  4.23  satisfactory to the board that the applicant: 
  4.24     (1) has received a master's degree from an accredited 
  4.25  program of social work, or doctoral degree in social work, that 
  4.26  included an advanced concentration of clinically oriented course 
  4.27  work as defined by the board and a supervised clinical field 
  4.28  placement at the graduate level, or post-master's clinical 
  4.29  training that is found by the board to be equivalent to that 
  4.30  course work and field placement; 
  4.31     (2) has practiced clinical social work for at least two 
  4.32  years in full-time employment or 4,000 hours of part-time 
  4.33  employment under supervision as defined in section 148B.18, 
  4.34  subdivision 12, after receiving the master's or doctoral degree 
  4.35  in social work; 
  4.36     (3) has passed the examination provided for in section 
  5.1   148B.20, subdivision 1; 
  5.2      (4) will conduct all professional activities as an 
  5.3   independent clinical social worker in accordance with standards 
  5.4   for professional conduct established by the statutes and rules 
  5.5   of the board; and 
  5.6      (5) has not engaged in conduct warranting a disciplinary 
  5.7   action against a licensee.  If the applicant has engaged in 
  5.8   conduct warranting disciplinary action against a licensee, the 
  5.9   board may issue a license only on the applicant's showing that 
  5.10  the public will be protected through the issuance of a license 
  5.11  with conditions or limitations approved by the board. 
  5.12     (b) An applicant who was born in a foreign country, who has 
  5.13  taken and failed to pass the examination specified in paragraph 
  5.14  (a), clause (3), at least once since January 1, 2000, and for 
  5.15  whom English is a second language, is eligible for licensure as 
  5.16  an independent clinical social worker if the applicant: 
  5.17     (1) provides evidence satisfactory to the board of 
  5.18  compliance with the requirements in paragraph (a), clauses (1), 
  5.19  (2), (4), and (5); and 
  5.20     (2) provides to the board letters of recommendation and 
  5.21  experience ratings from two licensed social workers and one 
  5.22  professor from the applicant's social work program who can 
  5.23  attest to the applicant's competence. 
  5.24  This paragraph expires August 1, 2005.  
  5.25     Sec. 5.  Minnesota Statutes 2000, section 148B.21, 
  5.26  subdivision 7, is amended to read: 
  5.27     Subd. 7.  [TEMPORARY PERMIT.] (a) The board may issue a 
  5.28  temporary permit to practice social work to an applicant in the 
  5.29  following situations, provided the applicant meets all other 
  5.30  requirements for licensure: 
  5.31     (1) the applicant has passed the licensure examination and 
  5.32  the applicant's accredited program of social work has submitted 
  5.33  an affidavit on a form provided by the board verifying the 
  5.34  applicant's completion of the requirements for a degree.  The 
  5.35  affidavit must be submitted within 15 days of the date of 
  5.36  completion of the degree requirements.  The temporary permit 
  6.1   under this clause is valid for six months, or until a license is 
  6.2   issued, whichever comes first, and is nonrenewable; 
  6.3      (2) the applicant has applied for licensure under section 
  6.4   148B.24 and the board determines that the applicant must pass 
  6.5   the licensure examination before being licensed.  The temporary 
  6.6   permit under this clause is valid if the applicant passes the 
  6.7   examination and completes the licensure process within the time 
  6.8   periods specified by the board, and is nonrenewable; or 
  6.9      (3) the applicant has passed the licensure examination, has 
  6.10  graduated from a program of social work in candidacy status with 
  6.11  the Council on Social Work Education, and the program of social 
  6.12  work has submitted an affidavit on a form provided by the board 
  6.13  verifying the applicant's completion of the requirements for a 
  6.14  degree.  The affidavit must be submitted within 15 days of the 
  6.15  date of completion of the degree requirements.  The temporary 
  6.16  permit under this clause is valid for six months, and may be 
  6.17  extended at the board's discretion upon a showing that the 
  6.18  social work program remains in good standing with the Council on 
  6.19  Social Work Education.  If the board receives notice from the 
  6.20  Council on Social Work Education that the program of social work 
  6.21  is not in good standing or that accreditation will not be 
  6.22  granted to the program of social work, then the temporary permit 
  6.23  shall be invalid immediately and the applicant shall not qualify 
  6.24  for licensure; or 
  6.25     (4) the applicant was born in a foreign country, the 
  6.26  applicant has taken and failed to pass the licensure 
  6.27  examination, English is a second language for the applicant, and 
  6.28  the applicant's accredited program of social work has submitted 
  6.29  an affidavit on a form provided by the board verifying the 
  6.30  applicant's completion of the requirements for a degree.  The 
  6.31  affidavit must be submitted within 15 days of the date of 
  6.32  completion of the degree requirements.  The temporary permit 
  6.33  under this clause is valid for six months or until a license is 
  6.34  issued, whichever comes first, and is nonrenewable.  This clause 
  6.35  expires August 1, 2005.  
  6.36     (b) An applicant who obtains a temporary permit may 
  7.1   practice social work only under the supervision of a licensed 
  7.2   social worker who is eligible to provide supervision under 
  7.3   section 148B.18, subdivision 12.  The applicant's supervisor 
  7.4   must provide evidence to the board, before the applicant is 
  7.5   approved by the board for licensure, that the applicant has 
  7.6   practiced social work under supervision.  This supervision will 
  7.7   not apply toward the supervision requirement required after 
  7.8   licensure. 
  7.9      (c) A temporary permit is nonrenewable. 
  7.10     Sec. 6.  [STUDY OF THE SOCIAL WORKER LICENSE EXAMINATION.] 
  7.11     (a) The board of social work shall, upon receipt of funding 
  7.12  from federal or private sources, commission a study by an 
  7.13  independent researcher to determine the extent to which the 
  7.14  social work licensure examination failure rate for applicants 
  7.15  who were born in a foreign country and for whom English is not 
  7.16  their first language is greater than the failure rate for 
  7.17  applicants from other populations taking the licensure 
  7.18  examination, and the underlying cause of any such disparity.  
  7.19  The study shall include consultations with and the collection of 
  7.20  data from Minnesota social work educators; representatives of 
  7.21  culturally based community organizations, including, but not 
  7.22  limited to, the Asian-Pacific, Chicano/Latino, and Somali 
  7.23  populations; and the national organization that develops, owns, 
  7.24  and maintains the social work examinations used by the board.  
  7.25  The study shall also include the collection and review of 
  7.26  relevant data from other health-related boards in Minnesota, as 
  7.27  well as relevant data from social work and health-related boards 
  7.28  in other states.  The results of the study shall be reported 
  7.29  directly to the board.  
  7.30     (b) Provided funding is received to conduct the study, the 
  7.31  board shall submit a report to the legislature by September 1, 
  7.32  2003.  The report shall include the results of the study as well 
  7.33  as recommendations on possible remedies to address any disparity 
  7.34  in examination failure rates among different populations.