STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
FORTIETH DAY
Saint Paul, Minnesota, Thursday, April 14,
2005
The House of Representatives convened at 3:00 p.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Pastor Tim Weber, Evergreen Community
Church, Bloomington, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailor
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Davnie was excused.
Beard was excused until 3:35 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Hamilton moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
REPORTS
OF STANDING COMMITTEES
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 127, A bill for an act relating to health; establishing
a cancer drug repository program; proposing coding for new law in Minnesota
Statutes, chapter 144.
Reported the same back with the following amendments:
Page 7, delete lines 15 to 32 and insert:
"Subd. 11.
[LIABILITY.] (a) The manufacturer of a drug or supply is not subject
to criminal or civil liability for injury, death, or loss to a person or to
property related to the donation of one of its drugs and caused by:
(1) the intentional or unintentional alteration of the drug
or supply by a party not under the control of the manufacturer; or
(2) failure of a party not under the control of the
manufacturer to transfer or communicate product or consumer information or the
expiration date of the donated drug or supply.
(b) A medical facility or pharmacy participating in the
program, a pharmacist dispensing a drug or supply pursuant to the program, a
practitioner administering a drug or supply pursuant to the program, or the
donor of a cancer drug or supply is immune from civil liability for an act or
omission that causes injury to or the death of an individual to whom the cancer
drug or supply is dispensed and no disciplinary action shall be taken against a
pharmacist or practitioner so long as the drug or supply is donated, accepted,
distributed, and dispensed in accordance with the requirements of this
section. This immunity does not apply
if the act or omission involves reckless, wanton, or intentional misconduct, or
malpractice unrelated to the quality of the cancer drug or supply."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Health Policy and Finance.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 225, A bill for an act relating to government data
practices; making technical, conforming, and clarifying changes to the
Minnesota Government Data Practices Act; amending Minnesota Statutes 2004,
sections 13.01, subdivisions 1, 3; 13.02, subdivision 7; 13.03, subdivisions 1,
2, 3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4, 6, 7, 8,
9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4; 13.073,
subdivision 3; 13.08, subdivisions 1, 2, 5; 13.32, by adding a subdivision;
13.82, subdivision 16; repealing Minnesota Statutes 2004, section 13.04,
subdivision 5.
Reported the same back with the following amendments:
Delete everything after the enacting
clause and insert:
"Section 1.
Minnesota Statutes 2004, section 11A.24, subdivision 6, is amended to
read:
Subd. 6. [OTHER
INVESTMENTS.] (a) In addition to the investments authorized in subdivisions 1
to 5, and subject to the provisions in paragraph (b), the state board may
invest funds in:
(1) venture capital investment businesses through participation
in limited partnerships, trusts, private placements, limited liability
corporations, limited liability companies, limited liability partnerships, and
corporations;
(2) real estate ownership interests or loans secured by mortgages
or deeds of trust or shares of real estate investment trusts through investment
in limited partnerships, bank sponsored collective funds, trusts, mortgage
participation agreements, and insurance company commingled accounts, including
separate accounts;
(3) regional and mutual funds through bank sponsored collective
funds and open-end investment companies registered under the Federal Investment
Company Act of 1940, and closed-end mutual funds listed on an exchange
regulated by a governmental agency;
(4) resource investments through limited partnerships, trusts,
private placements, limited liability corporations, limited liability
companies, limited liability partnerships, and corporations; and
(5) international securities.
(b) The investments authorized in paragraph (a) must conform to
the following provisions:
(1) the aggregate value of all investments made according to
paragraph (a), clauses (1) to (4), may not exceed 35 percent of the market
value of the fund for which the state board is investing;
(2) there must be at least four unrelated owners of the
investment other than the state board for investments made under paragraph (a),
clause (1), (2), (3), or (4);
(3) state board participation in an investment vehicle is
limited to 20 percent thereof for investments made under paragraph (a), clause
(1), (2), (3), or (4); and
(4) state board participation in a limited partnership does not
include a general partnership interest or other interest involving general
liability. The state board may not
engage in any activity as a limited partner which creates general liability.
(c) All financial or proprietary data received, prepared,
used, or retained by the state board in connection with investments authorized
by paragraph (a), clause (1), (2), or (4), are nonpublic data under section
13.02, subdivision 9. As used in this
paragraph, "financial or proprietary data" means information, as
determined by the executive director, that is of a financial or proprietary
nature; and the release of which could cause competitive harm to the state
board, the legal entity in which the state board has invested or has considered
an investment, the managing entity of an investment, or a portfolio company in
which the legal entity holds an interest.
Regardless of whether they could be considered financial or proprietary
data, the following data received, prepared, used, or retained by the state
board in connection with investments authorized by paragraph (a), clause (1),
(2), or (4), are public at all times:
(1) the name and industry group classification of the legal
entity in which the state board has invested or in which the state board has
considered an investment;
(2) the state board commitment amount, if any;
(3) the funded amount of the state
board's commitment to date, if any;
(4) the market value of the investment by the state board;
(5) the state board's internal rate of return for the
investment, including expenditures and receipts used in the calculation of the
investment's internal rate of return; and
(6) the age of the investment in years.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2004, section 13.01, subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.]
All state agencies, political subdivisions and statewide systems government
entities shall be governed by this chapter.
Sec. 3. Minnesota
Statutes 2004, section 13.01, subdivision 3, is amended to read:
Subd. 3. [SCOPE.] This
chapter regulates the collection, creation, storage, maintenance,
dissemination, and access to government data in state agencies, statewide
systems, and political subdivisions government entities. It establishes a presumption that government
data are public and are accessible by the public for both inspection and
copying unless there is federal law, a state statute, or a temporary
classification of data that provides that certain data are not public.
Sec. 4. Minnesota
Statutes 2004, section 13.02, subdivision 7, is amended to read:
Subd. 7. [GOVERNMENT
DATA.] "Government data" means all data collected, created, received,
maintained or disseminated by any state agency, political subdivision, or
statewide system government entity regardless of its physical form,
storage media or conditions of use.
Sec. 5. Minnesota
Statutes 2004, section 13.03, subdivision 1, is amended to read:
Subdivision 1. [PUBLIC
DATA.] All government data collected, created, received, maintained or
disseminated by a state agency, political subdivision, or statewide system
government entity shall be public unless classified by statute, or
temporary classification pursuant to section 13.06, or federal law, as
nonpublic or protected nonpublic, or with respect to data on individuals, as
private or confidential. The responsible authority in every state agency,
political subdivision and statewide system government entity shall
keep records containing government data in such an arrangement and condition as
to make them easily accessible for convenient use. Photographic, photostatic, microphotographic, or microfilmed
records shall be considered as accessible for convenient use regardless of the
size of such records.
Sec. 6. Minnesota
Statutes 2004, section 13.03, subdivision 2, is amended to read:
Subd. 2. [PROCEDURES.]
(a) The responsible authority in every state agency, political subdivision,
and statewide system government entity shall establish procedures,
consistent with this chapter, to insure that requests for government data are
received and complied with in an appropriate and prompt manner.
(b) The responsible authority shall prepare public access
procedures in written form and update them no later than August 1 of each year
as necessary to reflect any changes in personnel or circumstances that might
affect public access to government data.
The responsible authority shall make copies of the written public access
procedures easily available to the public by distributing free copies of the
procedures to the public or by posting a copy of the procedures in a
conspicuous place within the government entity that is easily accessible to the
public.
(c) Full convenience and comprehensive accessibility shall be
allowed to researchers including historians, genealogists and other scholars to
carry out extensive research and complete copying of all records containing
government data except as otherwise expressly provided by law.
A responsible authority may designate one or more designees.
Sec. 7. Minnesota
Statutes 2004, section 13.03, subdivision 3, is amended to read:
Subd. 3. [REQUEST FOR
ACCESS TO DATA.] (a) Upon request to a responsible authority or designee, a
person shall be permitted to inspect and copy public government data at
reasonable times and places, and, upon request, shall be informed of the data's
meaning. If a person requests access
for the purpose of inspection, the responsible authority may not assess a
charge or require the requesting person to pay a fee to inspect data.
(b) For purposes of this section, "inspection"
includes, but is not limited to, the visual inspection of paper and similar
types of government data. Inspection
does not include printing copies by the government entity, unless printing a
copy is the only method to provide for inspection of the data. In the case of data stored in electronic
form and made available in electronic form on a remote access basis to the
public by the government entity, inspection includes remote access to the data
by the public and the ability to print copies of or download the data on the
public's own computer equipment.
Nothing in this section prohibits a government entity from charging a
reasonable fee for remote access to data under a specific statutory grant of authority. A government entity may charge a fee for
remote access to data where either the data or the access is enhanced at the
request of the person seeking access.
(c) The responsible authority or designee shall provide copies
of public data upon request. If a
person requests copies or electronic transmittal of the data to the person, the
responsible authority may require the requesting person to pay the actual costs
of searching for and retrieving government data, including the cost of employee
time, and for making, certifying, compiling, and electronically transmitting
the copies of the data or the data, but may not charge for separating public
from not public data. However, if
copies of 100 or fewer black and white, letter- or legal-size pages are
requested, actual costs shall not be used, and instead the responsible
authority may charge up to 25 cents for each page copied. If the responsible authority or designee is
not able to provide copies at the time a request is made, copies shall be
supplied as soon as reasonably possible.
(d) When a request under this subdivision involves any person's
receipt of copies of public government data that has commercial value and is a
substantial and discrete portion of or an entire formula, pattern, compilation,
program, device, method, technique, process, database, or system developed with
a significant expenditure of public funds by the agency government
entity, the responsible authority may charge a reasonable fee for the
information in addition to the costs of making, certifying, and compiling the
copies. Any fee charged must be clearly
demonstrated by the agency government entity to relate to the
actual development costs of the information.
The responsible authority, upon the request of any person, shall provide
sufficient documentation to explain and justify the fee being charged.
(e) The responsible authority of a state agency, statewide
system, or political subdivision government entity that maintains
public government data in a computer storage medium shall provide to any person
making a request under this section a copy of any public data contained in that
medium, in electronic form, if the government entity can reasonably make the
copy or have a copy made. This does not
require a government entity to provide the data in an electronic format or
program that is different from the format or program in which the data are
maintained by the government entity.
The entity may require the requesting person to pay the actual cost of
providing the copy.
(f) If the responsible authority or designee determines that
the requested data is classified so as to deny the requesting person access,
the responsible authority or designee shall inform the requesting person of the
determination either orally at the time of the request, or in writing as soon after
that time as possible, and shall cite the specific statutory section, temporary
classification, or specific provision of federal law on which the determination
is based. Upon the request of any
person denied access to data, the responsible authority or designee shall
certify in writing that the request has been denied and cite the specific
statutory section, temporary classification, or specific provision of federal
law upon which the denial was based.
Sec. 8. Minnesota
Statutes 2004, section 13.03, subdivision 4, is amended to read:
Subd. 4. [CHANGE IN
CLASSIFICATION OF DATA; EFFECT OF DISSEMINATION AMONG AGENCIES.] (a) The
classification of data in the possession of an agency entity
shall change if it is required to do so to comply with either judicial or
administrative rules pertaining to the conduct of legal actions or with a
specific statute applicable to the data in the possession of the disseminating
or receiving agency entity.
(b) If data on individuals is classified as both private and
confidential by this chapter, or any other statute or federal law, the data is
private.
(c) To the extent that government data is disseminated to state
agencies, political subdivisions, or statewide systems a government
entity by another state agency, political subdivision, or statewide
system government entity, the data disseminated shall have the same
classification in the hands of the agency entity receiving it as
it had in the hands of the entity providing it.
(d) If a state agency, statewide system, or political
subdivision government entity disseminates data to another state
agency, statewide system, or political subdivision government entity,
a classification provided for by law in the hands of the entity receiving the
data does not affect the classification of the data in the hands of the entity
that disseminates the data.
Sec. 9. Minnesota
Statutes 2004, section 13.03, subdivision 5, is amended to read:
Subd. 5. [COPYRIGHT OR
PATENT OF GOVERNMENT DATA.] A state agency, statewide system, or political
subdivision government entity may enforce a copyright or acquire a
patent for a computer software program or components of a program created by
that government agency entity without statutory authority. In the event that a government agency
entity acquires a patent to a computer software program or component of
a program, the data shall be treated as trade secret information pursuant to
section 13.37.
Sec. 10. Minnesota
Statutes 2004, section 13.03, subdivision 6, is amended to read:
Subd. 6.
[DISCOVERABILITY OF NOT PUBLIC DATA.] If a state agency, political
subdivision, or statewide system government entity opposes discovery
of government data or release of data pursuant to court order on the grounds
that the data are classified as not public, the party that seeks access to the
data may bring before the appropriate presiding judicial officer, arbitrator,
or administrative law judge an action to compel discovery or an action in the
nature of an action to compel discovery.
The presiding officer shall first decide whether the data are
discoverable or releasable pursuant to the rules of evidence and of criminal,
civil, or administrative procedure appropriate to the action.
If the data are discoverable the presiding officer shall decide
whether the benefit to the party seeking access to the data outweighs any harm
to the confidentiality interests of the the data is warranted and, if
warranted, what type of notice must be given.
The presiding officer may fashion and issue any protective orders
necessary to assure proper handling of the data by the parties. If the data are a videotape of a child
victim or alleged victim alleging, explaining, denying, or describing an act of
physical or sexual abuse, the presiding officer shall consider the provisions
of section 611A.90, subdivision 2, paragraph (b). agency entity maintaining
the data, or of any person who has provided the data or who is the subject of
the data, or to the privacy interest of an individual identified in the
data. In making the decision, the
presiding officer shall consider whether notice to the subject of
Sec. 11. Minnesota
Statutes 2004, section 13.03, subdivision 8, is amended to read:
Subd. 8. [CHANGE TO
CLASSIFICATION OF DATA NOT ON INDIVIDUALS.] Except for security information,
nonpublic and protected nonpublic data shall become public either ten years
after the creation of the data by the government agency entity or
ten years after the data was received or collected by any governmental agency
entity unless the responsible authority for the originating or custodial
agency entity for the data reasonably determines that, if the
data were made available to the public or to the data subject, the harm to the
public or to a data subject would outweigh the benefit to the public or to the
data subject. If the responsible
authority denies access to the data, the person denied access may challenge the
denial by bringing an action in district court seeking release of the data. The action shall be brought in the district court
located in the county where the data are being maintained, or, in the case of
data maintained by a state agency, in any county. The data in dispute shall be examined by the court in camera. In deciding whether or not to release the
data, the court shall consider the benefits and harms in the same manner as set
forth above. The court shall make a
written statement of findings in support of its decision.
Sec. 12. Minnesota
Statutes 2004, section 13.04, subdivision 2, is amended to read:
Subd. 2. [INFORMATION
REQUIRED TO BE GIVEN INDIVIDUAL.] An individual asked to supply private or
confidential data concerning the individual shall be informed of: (a) the purpose and intended use of the
requested data within the collecting state agency, political subdivision, or
statewide system government entity; (b) whether the individual may
refuse or is legally required to supply the requested data; (c) any known
consequence arising from supplying or refusing to supply private or
confidential data; and (d) the identity of other persons or entities authorized
by state or federal law to receive the data.
This requirement shall not apply when an individual is asked to supply
investigative data, pursuant to section 13.82, subdivision 7, to a law
enforcement officer.
Sec. 13. Minnesota
Statutes 2004, section 13.04, subdivision 4, is amended to read:
Subd. 4. [PROCEDURE
WHEN DATA IS NOT ACCURATE OR COMPLETE.] (a) An individual subject of the data
may contest the accuracy or completeness of public or private data. To exercise this right, an individual shall
notify in writing the responsible authority describing the nature of the
disagreement. The responsible authority
shall within 30 days either: (1)
correct the data found to be inaccurate or incomplete and attempt to notify
past recipients of inaccurate or incomplete data, including recipients named by
the individual; or (2) notify the individual that the authority believes the
data to be correct. Data in dispute shall
be disclosed only if the individual's statement of disagreement is included
with the disclosed data.
The determination of the responsible authority may be appealed
pursuant to the provisions of the Administrative Procedure Act relating to
contested cases. Upon receipt of an
appeal by an individual, the commissioner shall, before issuing the order and
notice of a contested case hearing required by chapter 14, try to resolve the
dispute through education, conference, conciliation, or persuasion. If the parties consent, the commissioner may
refer the matter to mediation.
Following these efforts, the commissioner shall dismiss the appeal or
issue the order and notice of hearing.
(b) Data on individuals that have been successfully challenged
by an individual must be completed, corrected, or destroyed by a state agency,
political subdivision, or statewide system without regard to the requirements
of section 138.17.
After completing, correcting, or destroying successfully
challenged data, a state agency, political subdivision, or statewide system
government entity may retain a copy of the commissioner of
administration's order issued under chapter 14 or, if no order were issued, a
summary of the dispute between the parties that does not contain any
particulars of the successfully challenged data.
Sec. 14. Minnesota
Statutes 2004, section 13.05, subdivision 1, is amended to read:
Subdivision 1. [PUBLIC
DOCUMENT OF DATA CATEGORIES.] The responsible authority shall prepare a public
document containing the authority's name, title and address, and a description
of each category of record, file, or process relating to private or
confidential data on individuals maintained by the authority's state agency,
statewide system, or political subdivision government entity. Forms used to collect private and
confidential data shall be included in the public document. Beginning August 1, 1977 and annually
thereafter, the responsible authority shall update the public document and make
any changes necessary to maintain the accuracy of the document. The document shall be available from the
responsible authority to the public in accordance with the provisions of
sections 13.03 and 15.17.
Sec. 15. Minnesota
Statutes 2004, section 13.05, subdivision 4, is amended to read:
Subd. 4. [LIMITATIONS
ON COLLECTION AND USE OF DATA.] Private or confidential data on an individual
shall not be collected, stored, used, or disseminated by political
subdivisions, statewide systems, or state agencies government entities
for any purposes other than those stated to the individual at the time of
collection in accordance with section 13.04, except as provided in this
subdivision.
(a) Data collected prior to August 1, 1975, and which have not
been treated as public data, may be used, stored, and disseminated for the purposes
for which the data was originally collected or for purposes which are
specifically approved by the commissioner as necessary to public health,
safety, or welfare.
(b) Private or confidential data may be used and disseminated
to individuals or agencies entities specifically authorized
access to that data by state, local, or federal law enacted or promulgated
after the collection of the data.
(c) Private or confidential data may be used and disseminated
to individuals or agencies entities subsequent to the collection
of the data when the responsible authority maintaining the data has requested
approval for a new or different use or dissemination of the data and that
request has been specifically approved by the commissioner as necessary to carry
out a function assigned by law.
(d) Private data may be used by and disseminated to any person
or agency entity if the individual subject or subjects of the
data have given their informed consent.
Whether a data subject has given informed consent shall be determined by
rules of the commissioner. The format
for informed consent is as follows, unless otherwise prescribed by the HIPAA,
Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg.
82, 461 (2000) (to be codified as Code of Federal Regulations, title 45,
section 164): informed consent shall
not be deemed to have been given by an individual subject of the data by the
signing of any statement authorizing any person or agency entity
to disclose information about the individual to an insurer or its authorized
representative, unless the statement is:
(1) in plain language;
(2) dated;
(3) specific in designating the particular persons or agencies
the data subject is authorizing to disclose information about the data subject;
(4) specific as to the nature of the information the subject
is authorizing to be disclosed;
(5) specific as to the persons or agencies entities
to whom the subject is authorizing information to be disclosed;
(6) specific as to the purpose or purposes for which the
information may be used by any of the parties named in clause (5), both at the
time of the disclosure and at any time in the future;
(7) specific as to its expiration date which should be within a
reasonable period of time, not to exceed one year except in the case of
authorizations given in connection with applications for (i) life insurance or
noncancelable or guaranteed renewable health insurance and identified as such,
two years after the date of the policy or (ii) medical assistance under chapter
256B or MinnesotaCare under chapter 256L, which shall be ongoing during all
terms of eligibility, for individual education plan health-related services
provided by a school district under section 125A.21, subdivision 2.
The responsible authority may require a person requesting
copies of data under this paragraph to pay the actual costs of making,
certifying, and compiling the copies.
(e) Private or confidential data on an individual may be
discussed at a meeting open to the public to the extent provided in section
13D.05.
Sec. 16. Minnesota
Statutes 2004, section 13.05, subdivision 6, is amended to read:
Subd. 6. [CONTRACTS.]
Except as provided in section 13.46, subdivision 5, in any contract between a governmental
unit government entity subject to this chapter and any person, when
the contract requires that data on individuals be made available to the
contracting parties by the governmental unit government entity,
that data shall be administered consistent with this chapter. A contracting party shall maintain the data
on individuals which it received according to the statutory provisions
applicable to the data.
Sec. 17. Minnesota
Statutes 2004, section 13.05, subdivision 7, is amended to read:
Subd. 7. [PREPARATION
OF SUMMARY DATA.] The use of summary data derived from private or confidential
data on individuals under the jurisdiction of one or more responsible
authorities is permitted. Unless
classified pursuant to section 13.06, another statute, or federal law, summary
data is public. The responsible
authority shall prepare summary data from private or confidential data on
individuals upon the request of any person if the request is in writing and the
cost of preparing the summary data is borne by the requesting person. The responsible authority may delegate the
power to prepare summary data (1) to the administrative officer responsible for
any central repository of summary data; or (2) to a person outside of its
agency the entity if the person's purpose is set forth, in writing,
and the person agrees not to disclose, and the agency entity
reasonably determines that the access will not compromise private or
confidential data on individuals.
Sec. 18. Minnesota
Statutes 2004, section 13.05, subdivision 8, is amended to read:
Subd. 8. [PUBLICATION
OF ACCESS PROCEDURES.] The responsible authority shall prepare a public
document setting forth in writing the rights of the data subject pursuant to
section 13.04 and the specific procedures in effect in the state agency,
statewide system or political subdivision government entity for
access by the data subject to public or private data on individuals.
Sec. 19. Minnesota Statutes 2004, section 13.05, subdivision 9, is amended
to read:
Subd. 9. [INTERGOVERNMENTAL
ACCESS OF DATA.] A responsible authority shall allow another responsible
authority access to data classified as not public only when the access is
authorized or required by statute or federal law. An agency entity that supplies government data
under this subdivision may require the requesting agency entity
to pay the actual cost of supplying the data.
Sec. 20. Minnesota
Statutes 2004, section 13.06, subdivision 1, is amended to read:
Subdivision 1.
[APPLICATION TO COMMISSIONER.] Notwithstanding the provisions of section
13.03, the responsible authority of a state agency, political subdivision,
or statewide system government entity may apply to the commissioner
for permission to classify data or types of data on individuals as private or
confidential, or data not on individuals as nonpublic or protected nonpublic,
for its own use and for the use of other similar agencies, political
subdivisions, or statewide systems government entities on a
temporary basis until a proposed statute can be acted upon by the
legislature. The application for
temporary classification is public.
Upon the filing of an application for temporary classification,
the data which is the subject of the application shall be deemed to be
classified as set forth in the application for a period of 45 days, or until
the application is disapproved, rejected, or granted by the commissioner,
whichever is earlier.
If the commissioner determines that an application has been
submitted for purposes not consistent with this section, the commissioner may
immediately reject the application, give notice of that rejection to the
applicant, and return the application.
When the applicant receives the notice of rejection from the
commissioner, the data which was the subject of the application shall have the
classification it had before the application was submitted to the commissioner.
Sec. 21. Minnesota
Statutes 2004, section 13.06, subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF
APPLICATION FOR PRIVATE OR CONFIDENTIAL DATA.] An application for temporary
classification of data on individuals shall include and the applicant shall
have the burden of clearly establishing that no statute currently exists which
either allows or forbids classification as private or confidential; and either
(a) that data similar to that for which the temporary
classification is sought has been treated as either private or confidential by
other state agencies or political subdivisions government entities,
and by the public; or
(b) that a compelling need exists for immediate temporary
classification, which if not granted could adversely affect the public interest
or the health, safety, well being or reputation of the data subject.
Sec. 22. Minnesota
Statutes 2004, section 13.06, subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF
APPLICATION FOR NONPUBLIC OR NONPUBLIC PROTECTED DATA.] An application for
temporary classification of government data not on individuals shall include
and the applicant shall have the burden of clearly establishing that no statute
currently exists which either allows or forbids classification as nonpublic or
protected nonpublic; and either
(a) that data similar to that for which the temporary
classification is sought has been treated as nonpublic or protected nonpublic
by other state agencies or political subdivisions government entities,
and by the public; or
(b) public access to the data would
render unworkable a program authorized by law; or
(c) that a compelling need exists for immediate temporary classification,
which if not granted could adversely affect the health, safety or welfare of
the public.
Sec. 23. Minnesota
Statutes 2004, section 13.06, subdivision 4, is amended to read:
Subd. 4. [PROCEDURE
WHEN CLASSIFICATION AFFECTS OTHERS.] If the commissioner determines that an
application for temporary classification involves data which would reasonably
be classified in the same manner by all agencies, political subdivisions, or
statewide systems government entities similar to the one which made
the application, the commissioner may approve or disapprove the classification
for data of the kind which is the subject of the application for the use of all
agencies, political subdivisions, or statewide systems government
entities similar to the applicant.
On deeming this approach advisable, the commissioner shall provide
notice of the proposed action by publication in the State Register within ten
days of receiving the application.
Within 30 days after publication in the State Register an affected agency,
political subdivision, government entity or the public, or
statewide system may submit comments on the commissioner's proposal. The commissioner shall consider any comments
received when granting or denying a classification for data of the kind which
is the subject of the application, for the use of all agencies, political
subdivisions, or statewide systems government entities similar to
the applicant. Within 45 days after the
close of the period for submitting comment, the commissioner shall grant or
disapprove the application.
Applications processed under this subdivision shall be either approved
or disapproved by the commissioner within 90 days of the receipt of the
application. For purposes of
subdivision 1, the data which is the subject of the classification shall be
deemed to be classified as set forth in the application for a period of 90
days, or until the application is disapproved or granted by the commissioner,
whichever is earlier. If requested in
the application, or determined to be necessary by the commissioner, the data in
the application shall be so classified for all agencies, political
subdivisions, or statewide systems government entities similar to
the applicant until the application is disapproved or granted by the
commissioner, whichever is earlier.
Proceedings after the grant or disapproval shall be governed by the
provisions of subdivision 5.
Sec. 24. Minnesota
Statutes 2004, section 13.07, is amended to read:
13.07 [DUTIES OF THE COMMISSIONER.]
The commissioner shall promulgate rules, in accordance with the
rulemaking procedures in the Administrative Procedure Act which shall apply to state
agencies, statewide systems and political subdivisions government
entities to implement the enforcement and administration of this
chapter. The rules shall not affect
section 13.04, relating to rights of subjects of data. Prior to the adoption of rules authorized by
this section the commissioner shall give notice to all state agencies and
political subdivisions in the same manner and in addition to other parties as
required by section 14.06 of the date and place of hearing, enclosing a copy of
the rules to be adopted.
Sec. 25. Minnesota
Statutes 2004, section 13.072, subdivision 4, is amended to read:
Subd. 4. [DATA SUBMITTED
TO COMMISSIONER.] A state agency, statewide system, or political subdivision
government entity may submit not public data to the commissioner for the
purpose of requesting or responding to a person's request for an opinion. Government data submitted to the
commissioner by a state agency, statewide system, or political subdivision
government entity or copies of government data submitted by other
persons have the same classification as the data have when held by the state
agency, statewide system, or political subdivision government entity. If the nature of the opinion is such that
the release of the opinion would reveal not public data, the commissioner may
issue an opinion using pseudonyms for individuals. Data maintained by the commissioner, in the record of an opinion
issued using pseudonyms that would reveal the identities of individuals
protected by the use of the pseudonyms, are private data on individuals.
Sec. 26. Minnesota Statutes 2004, section 13.073, subdivision 3, is
amended to read:
Subd. 3. [BASIC
TRAINING.] The basic training component should be designed to meet the basic
information policy needs of all government employees and public officials with
a focus on key data practices laws and procedures that apply to all government
entities. The commissioner should
design the basic training component in a manner that minimizes duplication of
the effort and cost for government entities to provide basic training. The commissioner may develop general
programs and materials for basic training such as video presentations, data
practices booklets, and training guides.
The commissioner may assist state and local government agencies entities
in developing training expertise within their own agencies entities
and offer assistance for periodic training sessions for this purpose.
Sec. 27. Minnesota
Statutes 2004, section 13.08, subdivision 1, is amended to read:
Subdivision 1. [ACTION
FOR DAMAGES.] Notwithstanding section 466.03, a political subdivision,
responsible authority, statewide system, or state agency government
entity which violates any provision of this chapter is liable to a person
or representative of a decedent who suffers any damage as a result of the
violation, and the person damaged or a representative in the case of private
data on decedents or confidential data on decedents may bring an action against
the political subdivision, responsible authority, statewide system
or state agency government entity to cover any damages sustained,
plus costs and reasonable attorney fees.
In the case of a willful violation, The political subdivision,
statewide system or state agency government entity shall, in
addition, be liable to exemplary damages of not less than $100 $5,000,
nor more than $10,000 $100,000 for each violation. The state is deemed to have waived any
immunity to a cause of action brought under this chapter.
Sec. 28. Minnesota
Statutes 2004, section 13.08, subdivision 2, is amended to read:
Subd. 2. [INJUNCTION.]
A political subdivision, responsible authority, statewide system
or state agency government entity which violates or proposes to
violate this chapter may be enjoined by the district court. The court may make any order or judgment as
may be necessary to prevent the use or employment by any person of any practices
which violate this chapter.
Sec. 29. Minnesota
Statutes 2004, section 13.08, subdivision 4, is amended to read:
Subd. 4. [ACTION TO
COMPEL COMPLIANCE.] (a) In addition to the remedies provided in subdivisions 1
to 3 or any other law, any aggrieved person seeking to enforce the person's
rights under this chapter or obtain access to data may bring an action in
district court to compel compliance with this chapter and may recover costs and
disbursements, including reasonable attorney's fees, as determined by the
court. If the court determines that an
action brought under this subdivision is frivolous and without merit and a
basis in fact, it may award reasonable costs and attorney fees to the responsible
authority. If the court issues an order
to compel compliance under this subdivision, the court may impose a civil
penalty of up to $300 $3,000 against the government entity. This penalty is payable to the state general
fund and is in addition to damages under subdivision 1. The matter shall be heard as soon as
possible. In an action involving a
request for government data under section 13.03 or 13.04, the court may inspect
in camera the government data in dispute, but shall conduct its hearing in public
and in a manner that protects the security of data classified as not
public. If the court issues an order to
compel compliance under this subdivision, the court shall forward a copy of the
order to the commissioner of administration.
(b) In determining whether to assess a civil penalty under this
subdivision, the court shall consider whether the government entity has
substantially complied with general data practices under this chapter,
including but not limited to, whether the government entity has:
(1) designated a responsible authority under section 13.02,
subdivision 16;
(2) designated a data practices
compliance official under section 13.05, subdivision 13;
(3) prepared the public document that names the responsible
authority and describes the records and data on individuals that are maintained
by the government entity under section 13.05, subdivision 1;
(4) developed public access procedures under section 13.03,
subdivision 2; procedures to guarantee the rights of data subjects under
section 13.05, subdivision 8; and procedures to ensure that data on individuals
are accurate and complete and to safeguard the data's security under section
13.05, subdivision 5;
(5) sought an oral, written, or electronic opinion from the
commissioner of administration related to the matter at issue and acted in
conformity with that opinion or acted in conformity with an opinion issued
under section 13.072 that was sought by another person; or
(6) provided ongoing training to government entity personnel
who respond to requests under this chapter.
(c) The court shall award reasonable attorney fees to a
prevailing plaintiff who has brought an action under this subdivision if the
government entity that is the defendant in the action was also the subject of a
written opinion issued under section 13.072 and the court finds that the
opinion is directly related to the cause of action being litigated and that the
government entity did not act in conformity with the opinion.
Sec. 30. Minnesota
Statutes 2004, section 13.08, subdivision 5, is amended to read:
Subd. 5. [IMMUNITY FROM
LIABILITY.] A state agency, statewide system, political subdivision, government
entity or person that releases not public data pursuant to an order under
section 13.03, subdivision 6 is immune from civil and criminal liability.
Sec. 31. Minnesota
Statutes 2004, section 13.32, is amended by adding a subdivision to read:
Subd. 10.
[EDUCATION RECORDS; CHILD WITH DISABILITY.] Nothing in this chapter
shall be construed as limiting the frequency of inspection of the educational
records of a child with a disability by the child's parent or guardian or by
the child upon the child reaching the age of majority. An agency or institution may not charge a
fee to search for or to retrieve the educational records. An agency or institution that receives a
request for copies of the educational records of a child with a disability may
charge a fee that reflects the costs of reproducing the records except when to
do so would impair the ability of the child's parent or guardian, or the child
who has reached the age of majority, to exercise their right to inspect and
review those records.
Sec. 32. Minnesota
Statutes 2004, section 13.37, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] As used in this section, the following terms have the
meanings given them.
(a) "Security information" means government data the
disclosure of which would be likely to substantially jeopardize the security of
information, possessions, individuals or property against theft, tampering,
improper use, attempted escape, illegal disclosure, trespass, or physical
injury. "Security
information" includes crime prevention block maps and lists of volunteers
who participate in community crime prevention programs and their home addresses
and telephone numbers.
(b) "Trade secret information"
means government data, including a formula, pattern, compilation, program,
device, method, technique or process (1) that was supplied by the affected
individual or organization, (2) that is the subject of efforts by the
individual or organization that are reasonable under the circumstances to
maintain its secrecy, and (3) that derives independent economic value, actual
or potential, from not being generally known to, and not being readily
ascertainable by proper means by, other persons who can obtain economic value
from its disclosure or use.
(c) "Labor relations information" means management
positions on economic and noneconomic items that have not been presented during
the collective bargaining process or interest arbitration, including
information specifically collected or created to prepare the management
position.
(d) "Parking space leasing data" means the following
government data on an applicant for, or lessee of, a parking space: residence address, home telephone number,
beginning and ending work hours, place of employment, work telephone number,
and location of the parking space.
(e) "Internal competitive proposal" means a
proposal to provide government services that is prepared by the staff of a
political subdivision in competition with proposals solicited by the political
subdivision from the private sector.
Sec. 33. Minnesota
Statutes 2004, section 13.37, subdivision 2, is amended to read:
Subd. 2.
[CLASSIFICATION.] The following government data is classified as
nonpublic data with regard to data not on individuals, pursuant to section
13.02, subdivision 9, and as private data with regard to data on individuals,
pursuant to section 13.02, subdivision 12:
Security information; trade secret information; sealed absentee ballots
prior to opening by an election judge; sealed bids, including the number of
bids received, prior to the opening of the bids; internal competitive
proposals prior to the time specified by a political subdivision for the
receipt of private sector proposals for the services; parking space leasing
data; and labor relations information, provided that specific labor relations
information which relates to a specific labor organization is classified as
protected nonpublic data pursuant to section 13.02, subdivision 13.
Sec. 34. Minnesota
Statutes 2004, section 13.37, subdivision 3, is amended to read:
Subd. 3. [DATA
DISSEMINATION.] (a) Crime prevention block maps and names, home
addresses, and telephone numbers of volunteers who participate in community
crime prevention programs may be disseminated to volunteers participating in
crime prevention programs. The location
of a National Night Out event is public data.
(b) A government entity may make security information
accessible to any person, entity, or the public if the government entity
determines that the access will aid public health, promote public safety, or
assist law enforcement.
Sec. 35. Minnesota
Statutes 2004, section 13.3805, is amended by adding a subdivision to read:
Subd. 3. [OFFICE
OF HEALTH FACILITY COMPLAINTS; INVESTIGATIVE DATA.] Except for investigative
data under section 626.556, all investigative data maintained by the Department
of Health's Office of Health Facility Complaints are subject to provisions of
and classified pursuant to section 626.557, subdivision 12b, paragraphs (b) to
(d). Notwithstanding sections 626.556,
subdivision 11, and 626.557, subdivision 12b, paragraph (b), data identifying
an individual substantiated as the perpetrator are public data. For purposes of this subdivision, an
individual is substantiated as the perpetrator if the commissioner of health
determines that the individual is the perpetrator and the determination of the
commissioner is upheld after the individual either exercises applicable
administrative appeal rights or fails to exercise these rights within the time
allowed by law.
Sec. 36. Minnesota
Statutes 2004, section 13.43, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITION.] As used in this section, "personnel data" means
data on individuals collected because the individual is or was an employee of
or an applicant for employment by, performs services on a voluntary basis for,
or acts as an independent contractor with a state agency, statewide system
or political subdivision or is a member of or an applicant for an advisory
board or commission government entity. Personnel data includes data submitted by an employee to a
government entity as part of an organized self-evaluation effort by the
government entity to request suggestions from all employees on ways to cut
costs, make government more efficient, or improve the operation of
government. An employee who is
identified in a suggestion shall have access to all data in the suggestion
except the identity of the employee making the suggestion.
Sec. 37. Minnesota
Statutes 2004, section 13.43, subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.]
(a) Except for employees described in subdivision 5 and subject to the limitations
described in subdivision 5a, the following personnel data on current and former
employees, volunteers, and independent contractors of a state agency,
statewide system, or political subdivision and members of advisory boards or
commissions government entity is public:
(1) name; employee identification number, which must not be the
employee's Social Security number; actual gross salary; salary range; contract
fees; actual gross pension; the value and nature of employer paid fringe
benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;
(2) job title and bargaining unit; job description; education
and training background; and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges
against the employee, regardless of whether the complaint or charge resulted in
a disciplinary action;
(5) the final disposition of any disciplinary action together
with the specific reasons for the action and data documenting the basis of the
action, excluding data that would identify confidential sources who are
employees of the public body;
(6) the terms of any agreement settling any dispute arising out
of an employment relationship, including a buyout agreement as defined in
section 123B.143, subdivision 2, paragraph (a); except that the agreement must
include specific reasons for the agreement if it involves the payment of more
than $10,000 of public money;
(7) work location; a work telephone number; badge number; and
honors and awards received; and
(8) payroll time sheets or other comparable data that are only
used to account for employee's work time for payroll purposes, except to the
extent that release of time sheet data would reveal the employee's reasons for
the use of sick or other medical leave or other not public data.
(b) For purposes of this subdivision, a final disposition
occurs when the state agency, statewide system, or political subdivision makes its
final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings.
In the case of arbitration proceedings arising under collective
bargaining agreements, a final disposition occurs at the conclusion of the
arbitration proceedings, or upon the failure of the employee to elect
arbitration within the time provided by the collective bargaining
agreement. Final disposition includes a
resignation by an individual when the resignation occurs after the final
decision of the state agency, statewide system, political subdivision, or
arbitrator.
(c) The state agency, statewide system, or political
subdivision may display a photograph of a current or former employee to a
prospective witness as part of the state agency's, statewide system's, or
political subdivision's investigation of any complaint or charge against the
employee.
(d) A complainant has access to a statement provided by the
complainant to a state agency, statewide system, or political subdivision in
connection with a complaint or charge against an employee.
(e) Notwithstanding paragraph (a), clause (5), upon completion
of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or
charge is pending, all data relating to the complaint or charge are public,
unless access to the data would jeopardize an active investigation or reveal
confidential sources. For purposes of
this paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant state
agency heads;
(2) members of boards or commissions required by law to be
appointed by the governor or other elective officers; and
(3) executive or administrative heads of departments, bureaus,
divisions, or institutions.
Sec. 38. Minnesota
Statutes 2004, section 13.43, subdivision 3, is amended to read:
Subd. 3. [APPLICANT
DATA.] Except for applicants described in subdivision 5, the following
personnel data on current and former applicants for employment by a state
agency, statewide system or political subdivision or appointment to an advisory
board or commission government entity is public: veteran status; relevant test scores; rank
on eligible list; job history; education and training; and work
availability. Names of applicants shall
be private data except when certified as eligible for appointment to a vacancy
or when applicants are considered by the appointing authority to be finalists
for a position in public employment.
For purposes of this subdivision, "finalist" means an
individual who is selected to be interviewed by the appointing authority prior
to selection. Names and home
addresses of applicants for appointment to and members of an advisory board or commission
are public.
Sec. 39. Minnesota
Statutes 2004, section 13.46, subdivision 4, is amended to read:
Subd. 4. [LICENSING
DATA.] (a) As used in this subdivision:
(1) "licensing data" means all data collected,
maintained, used, or disseminated by the welfare system pertaining to persons
licensed or registered or who apply for licensure or registration or who
formerly were licensed or registered under the authority of the commissioner of
human services;
(2) "client" means a person who is receiving services
from a licensee or from an applicant for licensure; and
(3) "personal and personal financial data" means
Social Security numbers, identity of and letters of reference, insurance
information, reports from the Bureau of Criminal Apprehension, health
examination reports, and social/home studies.
(b)(1) Except as provided in paragraph (c), the following data
on current and former licensees are public:
name, address, telephone number of licensees, date of receipt of a
completed application, dates of licensure, licensed capacity, type of client
preferred, variances granted, record of training and education in child care
and child development, type of dwelling, name and relationship of other
family members, previous license history, class of license, other county welfare agency. For purposes of this clause, a serious
injury is one that is treated by a physician. When a correction order or fine has been issued, a license is
suspended, immediately suspended, revoked, denied, or made conditional, or a
complaint is resolved, the following data on current and former licensees are
public: the substance and investigative
findings of the licensing or maltreatment complaintand the
existence and status of complaints, and the number of serious injuries to or
deaths of individuals in the licensed program as reported to the commissioner
of human services, the local social services agency, or any , licensing
violation, or substantiated maltreatment; the record of informal resolution
of a licensing violation; orders of hearing; findings of fact; conclusions of
law; specifications of the final correction order, fine, suspension, immediate
suspension, revocation, denial, or conditional license contained in the record
of licensing action; and the status of any appeal of these actions. When an individual licensee is a
substantiated perpetrator of maltreatment, and the substantiated maltreatment
is a reason for the licensing action, the identity of the licensee as a
perpetrator is public data. For
purposes of this clause, a person is a substantiated perpetrator if the
maltreatment determination has been upheld under section 626.556, subdivision
10i, 626.557, subdivision 9d, or 256.045, or an individual or facility has not
timely exercised appeal rights under these sections.
(2) When any person subject to disqualification under
section 245C.14 in connection with a license to provide family day care for
children, child care center services, foster care for children in the
provider's home, or foster care or day care services for adults in the
provider's home is a substantiated perpetrator of maltreatment, and the
substantiated maltreatment is a reason for a licensing action, the identity of
the substantiated perpetrator of maltreatment is public data. For purposes of this clause, a person is a
substantiated perpetrator if the maltreatment determination has been upheld
under section 256.045; 626.556, subdivision 10i; 626.557, subdivision 9d; or
chapter 14, or if an individual or facility has not timely exercised appeal
rights under these sections.
(2) (3) For applicants who withdraw their
application prior to licensure or denial of a license, the following data are
public: the name of the applicant, the
city and county in which the applicant was seeking licensure, the dates of the
commissioner's receipt of the initial application and completed application,
the type of license sought, and the date of withdrawal of the application.
(3) (4) For applicants who are denied a license,
the following data are public: the name
of the applicant, the city and county in which the applicant was seeking
licensure, the dates of the commissioner's receipt of the initial application
and completed application, the type of license sought, the date of denial of
the application, the nature of the basis for the denial, and the status of any
appeal of the denial.
(4) (5) The following data on persons subject to
disqualification under section 245C.14 in connection with a license to provide
family day care for children, child care center services, foster care for
children in the provider's home, or foster care or day care services for adults
in the provider's home, are public: the
nature of any disqualification set aside under section 245C.22, subdivisions 2
and 4, and the reasons for setting aside the disqualification; the nature of
any disqualification for which a variance was granted under sections 245A.04,
subdivision 9; and 245C.30, and the reasons for granting any variance under
section 245A.04, subdivision 9; and, if applicable, the disclosure that any
person subject to a background study under section 245C.03, subdivision 1, has
successfully passed a background study.
(5) (6) When maltreatment is substantiated under
section 626.556 or 626.557 and the victim and the substantiated perpetrator are
affiliated with a program licensed under chapter 245A, the commissioner of
human services, local social services agency, or county welfare agency may
inform the license holder where the maltreatment occurred of the identity of
the substantiated perpetrator and the victim.
(c) The following are private data on individuals under section
13.02, subdivision 12, or nonpublic data under section 13.02, subdivision
9: personal and personal financial data
on family day care program and family foster care program applicants and
licensees and their family members who provide services under the license.
(d) The following are private data on individuals: the identity of persons who have made
reports concerning licensees or applicants that appear in inactive
investigative data, and the records of clients or employees of the licensee or
applicant for licensure whose records are received by the licensing agency for
purposes of review or in anticipation of a contested matter. The names of reporters under sections
626.556 and 626.557 may be disclosed only as provided in section 626.556,
subdivision 11, or 626.557, subdivision 12b.
(e) Data classified as private, confidential, nonpublic, or
protected nonpublic under this subdivision become public data if submitted to a
court or administrative law judge as part of a disciplinary proceeding in which
there is a public hearing concerning a license which has been suspended,
immediately suspended, revoked, or denied.
(f) Data generated in the course of licensing investigations
that relate to an alleged violation of law are investigative data under
subdivision 3.
(g) Data that are not public data collected, maintained, used,
or disseminated under this subdivision that relate to or are derived from a report
as defined in section 626.556, subdivision 2, or 626.5572, subdivision 18, are
subject to the destruction provisions of sections 626.556, subdivision 11c, and
626.557, subdivision 12b.
(h) Upon request, not public data collected, maintained, used,
or disseminated under this subdivision that relate to or are derived from a
report of substantiated maltreatment as defined in section 626.556 or 626.557
may be exchanged with the Department of Health for purposes of completing
background studies pursuant to section 144.057 and with the Department of
Corrections for purposes of completing background studies pursuant to section
241.021.
(i) Data on individuals collected according to licensing
activities under chapters 245A and 245C, and data on individuals collected by
the commissioner of human services according to maltreatment investigations
under sections 626.556 and 626.557, may be shared with the Department of Human
Rights, the Department of Health, the Department of Corrections, the Ombudsman
for Mental Health and Retardation, and the individual's professional regulatory
board when there is reason to believe that laws or standards under the
jurisdiction of those agencies may have been violated.
(j) In addition to the notice of determinations required under
section 626.556, subdivision 10f, if the commissioner or the local social
services agency has determined that an individual is a substantiated
perpetrator of maltreatment of a child based on sexual abuse, as defined in
section 626.556, subdivision 2, and the commissioner or local social services
agency knows that the individual is a person responsible for a child's care in
another facility, the commissioner or local social services agency shall notify
the head of that facility of this determination. The notification must include an explanation of the individual's
available appeal rights and the status of any appeal. If a notice is given under this paragraph, the government entity
making the notification shall provide a copy of the notice to the individual
who is the subject of the notice.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 40. Minnesota
Statutes 2004, section 13.591, is amended by adding a subdivision to read:
Subd. 4.
[CLASSIFICATION OF EVALUATIVE DATA; DATA SHARING.] (a) Data created
or maintained by a government entity as part of the selection or evaluation
process are protected nonpublic until completion of the selection process or
completion of the evaluation process at which time the data are public with the
exception of trade secret data as defined and classified in section 13.37.
(b) If a state agency asks employees
of other state agencies to assist with the selection of the responses to a
request for bid or the evaluation of responses to a request for proposal, the
state agency may share not public data in the responses with those
employees. The employees participating
in the selection or evaluation may not further disseminate the not public data
they review.
Sec. 41. Minnesota
Statutes 2004, section 13.591, is amended by adding a subdivision to read:
Subd. 5.
[INTERNAL COMPETITIVE RESPONSE.] (a) For purposes of this
subdivision, "internal competitive response" means a bid or proposal
to provide government goods or services that is prepared by the staff of a
government entity in competition with bids or proposals solicited by (1) the
same government entity from the private sector or (2) a different government
entity from the private sector.
(b) Data in an internal competitive response is classified
as private or nonpublic data until completion of the selection process or
completion of the evaluation process at which time the data are public with the
exception of trade secret data as defined and classified in section 13.37.
Sec. 42. Minnesota
Statutes 2004, section 13.601, is amended by adding a subdivision to read:
Subd. 3.
[APPLICANTS FOR ELECTION OR APPOINTMENT.] All data about applicants
for election or appointment to a public body, including those public bodies
subject to chapter 13D, are public.
Sec. 43. Minnesota
Statutes 2004, section 13.635, is amended by adding a subdivision to read:
Subd. 1a. [STATE
BOARD OF INVESTMENT.] Certain government data of the State Board of
Investment related to investments are classified under section 11A.24,
subdivision 6.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 44. Minnesota
Statutes 2004, section 13.72, is amended by adding a subdivision to read:
Subd. 11.
[DESIGN-BUILD TRANSPORTATION PROJECT.] When the Department of
Transportation undertakes a design-build transportation project as defined in
section 161.3410, subdivision 6, the statement of qualification evaluation
criteria and scoring methodology, statement of qualification evaluations,
technical proposal evaluation criteria and scoring methodology, and technical
proposal evaluations are classified as protected nonpublic data with regard to
data not on individuals and as confidential data on individuals. The statement of qualification evaluation
criteria and scoring methodology and statement of qualification evaluations are
public when the Department of Transportation announces the short list of
qualified contractors. The technical
proposal evaluation criteria, scoring methodology, and technical proposal
evaluations are public when the project is awarded.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 45. Minnesota
Statutes 2004, section 13.72, is amended by adding a subdivision to read:
Subd. 12.
[MEDIATION DATA.] All data received, created, or maintained by the
commissioner of transportation or staff during the course of providing
mediation services to employees are classified as nonpublic data with regard to
data not on individuals and private data on individuals.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 46. Minnesota Statutes 2004, section 13.72, is amended by adding a
subdivision to read:
Subd. 13.
[TRANSPORTATION DEPARTMENT DATA.] When the commissioner of
transportation determines that the design-build best value method of project
delivery is appropriate for a project under sections 161.3410 to 161.3428,
project right-of-way work maps, acquisition plat maps, relocation reports,
computations for relocation supplements, computations for replacement housing,
planimetric files, digital terrain models, preliminary design drawings, and
other data deemed by the commissioner as necessary to preserve the design-build
process integrity are classified as protected nonpublic data with regard to
data not on individuals and confidential data on individuals until the
department publishes the data as part of the request for proposal process. The commissioner may release design-build
data to counties, cities, and other parties under contract to a government
entity as necessary to facilitate project development. The released data retain their
classification as protected nonpublic data with regard to data not on
individuals and confidential data on individuals as provided by section 13.03,
subdivision 4, paragraph (c), until the department publishes the data as part
of the request for proposal process.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 47. Minnesota
Statutes 2004, section 13.72, is amended by adding a subdivision to read:
Subd. 14.
[ACCOUNT DATA.] The following data pertaining to applicants for or
users of toll facilities, and high-occupancy vehicle lanes for which a user fee
is charged under section 169.03, are classified as nonpublic data with regard
to data not on individuals and as private data with regard to data on
individuals: data contained in
applications for the purchase, lease, or rental of a device such as an electronic
vehicle transponder which automatically assesses charges for a vehicle's use of
toll roads; personal and vehicle identification data; financial and credit
data; and toll road usage data. Nothing
in this subdivision prohibits the production of summary data as defined in
section 13.02, subdivision 19.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 48. Minnesota
Statutes 2004, section 13.82, subdivision 1, is amended to read:
Subdivision 1.
[APPLICATION.] This section shall apply to agencies which carry on a law
enforcement function, including but not limited to municipal police
departments, county sheriff departments, fire departments, the Bureau of
Criminal Apprehension, the Minnesota State Patrol, the Board of Peace Officer
Standards and Training, the Division of Insurance Fraud Prevention in
the Department of Commerce, and the program integrity section of, and county
human service agency client and provider fraud prevention and control units
operated or supervised by the Department of Human Services.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 49. Minnesota
Statutes 2004, section 13.82, subdivision 16, is amended to read:
Subd. 16. [PUBLIC
ACCESS.] When data is classified as public under this section, a law
enforcement agency shall not be required to make the actual physical data
available to the public if it is not administratively feasible to segregate the
public data from the confidential not public. However, the agency must make the
information described as public data available to the public in a reasonable
manner. When investigative data becomes
inactive, as described in subdivision 7, the actual physical data associated
with that investigation, including the public data, shall be available for
public access.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 50. Minnesota Statutes 2004, section 16C.06, subdivision 5, is
amended to read:
Subd. 5. [STATE AS
RESPONDER.] The head of an agency, in consultation with the requesting agency
and the commissioner, may respond to a solicitation or request if the goods and
services meet the needs of the requesting agency and provide the state with the
best value. When an agency responds to
a solicitation, all work product relating to the response is nonpublic data
as defined in section 13.02, and shall become public information in accordance
with subdivision 3 classified by section 13.591, subdivision 4.
Sec. 51. [41A.0235]
[BOARD MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS.]
(a) If compliance with section 13D.02 is impractical, the
Minnesota Agricultural and Economic Development Board may conduct a meeting of
its members by telephone or other electronic means so long as the following
conditions are met:
(1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can hear all
discussion and testimony;
(2) members of the public present at the regular meeting
location of the board can hear clearly all discussion and testimony and all
votes of members of the board;
(3) at least one member of the board is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the meeting for
purposes of determining a quorum and participating in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall allow a person to
monitor the meeting electronically from a remote location. The board may require the person making such
a connection to pay for documented marginal costs that the board incurs as a
result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board shall provide
notice of the regular meeting location, of the fact that some members may
participate by telephone or other electronic means, and of the provisions of
paragraph (c). The timing and method of
providing notice is governed by section 13D.04.
Sec. 52. Minnesota
Statutes 2004, section 116J.68, is amended by adding a subdivision to read:
Subd. 5.
[ADVISORY BOARD MEETINGS.] (a) If compliance with section 13D.02 is
impractical, the Small Business Development Center Advisory Board, created
pursuant to United State Code, title 15, section 648, may conduct a meeting of
its members by telephone or other electronic means so long as the following
conditions are met:
(1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can hear all
discussion and testimony;
(2) members of the public present at the regular meeting
location of the board can hear clearly all discussion and testimony and all
votes of members of the board;
(3) at least one member of the board is physically present
at the regular meeting location; and
(4) all votes are conducted by roll
call, so each member's vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the meeting for
purposes of determining a quorum and participating in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall allow a person to
monitor the meeting electronically from a remote location. The board may require the person making such
a connection to pay for documented marginal costs that the board incurs as a
result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board shall provide
notice of the regular meeting location, of the fact that some members may
participate by telephone or other electronic means, and of the provisions of
paragraph (c). The timing and method of
providing notice is governed by section 13D.04.
Sec. 53. Minnesota
Statutes 2004, section 116L.03, is amended by adding a subdivision to read:
Subd. 8. [BOARD
MEETINGS.] (a) If compliance with section 13D.02 is impractical, the
Minnesota Job Skills Partnership Board may conduct a meeting of its members by
telephone or other electronic means so long as the following conditions are
met:
(1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can hear all
discussion and testimony;
(2) members of the public present at the regular meeting
location of the board can hear clearly all discussion and testimony and all
votes of members of the board;
(3) at least one member of the board is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the meeting for
purposes of determining a quorum and participating in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall allow a person to
monitor the meeting electronically from a remote location. The board may require the person making such
a connection to pay for documented marginal costs that the board incurs as a
result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board shall provide
notice of the regular meeting location, of the fact that some members may
participate by telephone or other electronic means, and of the provisions of
paragraph (c). The timing and method of
providing notice is governed by section 13D.04.
Sec. 54. Minnesota
Statutes 2004, section 116L.665, is amended by adding a subdivision to read:
Subd. 2a.
[COUNCIL MEETINGS.] (a) If compliance with section 13D.02 is
impractical, the Governor's Workforce Development Council may conduct a meeting
of its members by telephone or other electronic means so long as the following
conditions are met:
(1) all members of the council
participating in the meeting, wherever their physical location, can hear one
another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting
location of the council can hear clearly all discussion and testimony and all
votes of members of the council;
(3) at least one member of the council is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the council participating in a meeting by
telephone or other electronic means is considered present at the meeting for
purposes of determining a quorum and participating in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the council, to the extent practical, shall allow a person
to monitor the meeting electronically from a remote location. The council may require the person making
such a connection to pay for documented marginal costs that the council incurs
as a result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the council shall provide
notice of the regular meeting location, of the fact that some members may
participate by telephone or other electronic means, and of the provisions of
paragraph (c). The timing and method of
providing notice is governed by section 13D.04.
Sec. 55. Minnesota
Statutes 2004, section 116M.15, is amended by adding a subdivision to read:
Subd. 5. [BOARD
MEETING.] (a) If compliance with section 13D.02 is impractical, the Urban
Initiative Board may conduct a meeting of its members by telephone or other
electronic means so long as the following conditions are met:
(1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and can hear all
discussion and testimony;
(2) members of the public present at the regular meeting
location of the board can hear clearly all discussion and testimony and all
votes of members of the board;
(3) at least one member of the board is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the meeting for
purposes of determining a quorum and participating in all proceedings.
(c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall allow a person to
monitor the meeting electronically from a remote location. The board may require the person making such
a connection to pay for documented marginal costs that the board incurs as a
result of the additional connection.
(d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board shall provide
notice of the regular meeting location, of the fact that some members may
participate by telephone or other electronic means, and of the provisions of
paragraph (c). The timing and method of
providing notice is governed by section 13D.04.
Sec. 56. Minnesota
Statutes 2004, section 116U.25, is amended to read:
116U.25 [EXPLORE MINNESOTA TOURISM COUNCIL.]
(a) The director shall be advised by the Explore Minnesota
Tourism Council consisting of up to 28 voting members appointed by the governor
for four-year terms, including:
(1) the director of Explore Minnesota Tourism who serves as the
chair;
(2) eleven representatives of statewide associations
representing bed and breakfast establishments, golf, festivals and events,
counties, convention and visitor bureaus, lodging, resorts, trails, campgrounds,
restaurants, and chambers of commerce;
(3) one representative from each of the four tourism marketing
regions of the state as designated by the office;
(4) six representatives of the tourism business representing
transportation, retail, travel agencies, tour operators, travel media, and
convention facilities;
(5) one or more ex-officio nonvoting members including at least
one from the University of Minnesota Tourism Center;
(6) four legislators, two from each house, one each from the
two largest political party caucuses in each house, appointed according to the
rules of the respective houses; and
(7) other persons, if any, as designated from time to time by
the governor.
(b) The council shall act to serve the broader interests of
tourism in Minnesota by promoting activities that support, maintain, and expand
the state's domestic and international travel market, thereby generating
increased visitor expenditures, tax revenue, and employment.
(c) Filling of membership vacancies is as provided in section
15.059. The terms of one-half of the
members shall be coterminous with the governor and the terms of the remaining
one-half of the members shall end on the first Monday in January one year after
the terms of the other members. Members
may serve until their successors are appointed and qualify. Members are not compensated. A member may be reappointed.
(d) The council shall meet at least four times per year and at
other times determined by the council.
Notwithstanding section 15.059, the council does not expire.
(e) If compliance with section 13D.02 is impractical, the
Explore Minnesota Tourism Council may conduct a meeting of its members by
telephone or other electronic means so long as the following conditions are
met:
(1) all members of the council participating in the meeting,
wherever their physical location, can hear one another and can hear all
discussion and testimony;
(2) members of the public present at the regular meeting
location of the council can hear clearly all discussion and testimony and all
votes of members of the council;
(3) at least one member of the council is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(f) Each member of the council participating in a meeting
by telephone or other electronic means is considered present at the meeting for
purposes of determining a quorum and participating in all proceedings.
(g) If telephone or other electronic means is used to
conduct a meeting, the council, to the extent practical, shall allow a person
to monitor the meeting electronically from a remote location. The council may require the person making
such a connection to pay for documented marginal costs that the council incurs
as a result of the additional connection.
(h) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the council shall provide
notice of the regular meeting location, of the fact that some members may
participate by telephone or other electronic means, and of the provisions of
paragraph (g). The timing and method of
providing notice is governed by section 13D.04.
Sec. 57. Minnesota
Statutes 2004, section 168.346, is amended to read:
168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS PERSONAL
INFORMATION.]
(a) The registered owner of a motor vehicle may request in
writing that the owner's residence address or name and residence address be
classified as private data on individuals, as defined in section 13.02,
subdivision 12. The commissioner shall
grant the classification upon receipt of a signed statement by the owner that
the classification is required for the safety of the owner or the owner's
family, if the statement also provides a valid, existing address where the
owner consents to receive service of process.
The commissioner shall use the mailing address in place of the residence
address in all documents and notices pertaining to the motor vehicle. The residence address or name and residence
address and any information provided in the classification request, other than
the mailing address, are private data on individuals and may be provided to
requesting law enforcement agencies, probation and parole agencies, and public
authorities, as defined in section 518.54, subdivision 9. Subdivision 1. [VEHICLE REGISTRATION DATA; FEDERAL
COMPLIANCE.] (a) Data on an individual provided to register a vehicle is
public data on individuals. The
commissioner shall disclose this data if permitted by United States Code, title
18, section 2721, subsection (b).
(b) An individual The registered owner of a motor
vehicle must be informed in a clear and conspicuous manner on the forms for
issuance or renewal of titles and registrations, that the owner's personal
information who is an individual may be disclosed consent
in writing to the commissioner to disclose the individual's personal
information exempted by United States Code, title 18, section 2721, subsection
(b), to any person who makes a written request for the personal
information, and that, except for uses permitted by United States Code,
title 18, section 2721, subsection (b),. If the registered owner may prohibit disclosure of the
personal information by so indicating on the form is an individual and
so authorizes disclosure, the commissioner shall implement the request. For purposes of this paragraph, access by
requesters making requests described in section 168.345, subdivision 4, is
deemed to be related to public safety.
(c) At the time of registration or renewal, If
authorized by the individual registered owner of a motor vehicle
must also be informed in a clear and conspicuous manner on forms that as
indicated in paragraph (b), the registered owner's personal
information may be used, rented, or sold solely for bulk distribution by
organizations for business purposes including surveys, marketing, and or
solicitation. The commissioner shall
implement methods and procedures that enable the registered owner to request
that bulk surveys, marketing, or solicitation not be directed to the
owner. If the registered owner so
requests, the commissioner shall implement the request in a timely manner and
the personal information may not be so used.
(d) Subd. 2.
[PERSONAL INFORMATION DISCLOSURE FOR PUBLIC SAFETY.] The commissioner
shall disclose personal information when the use is related to the operation or
use of a motor vehicle or to public safety. The use of personal information is related
to public safety if it concerns the physical safety or security of drivers,
vehicles, pedestrians, or property. The
commissioner may refuse to disclose data under this paragraph subdivision
when the commissioner concludes that the requester is likely to use the data
for illegal, improper, or noninvestigative purposes.
(e) To the extent permitted by United States Code, title 18,
section 2721, data on individuals provided to register a motor vehicle is
public data on individuals and shall be disclosed as permitted by United States
Code, title 18, section 2721, subsection (b). Subd. 3. [PRIVACY
CLASSIFICATION FOR PERSONAL SAFETY.] The registered owner of a vehicle who
is an individual may request, in writing, that the registered owner's residence
address or name and residence address be classified as "private data on
individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant the
classification on receipt of a signed statement by the registered owner that
the classification is required for the safety of the registered owner or the
registered owner's family, if the statement also provides a valid, existing
address where the registered owner consents to receive service of process. The commissioner shall use the service of
process mailing address in place of the registered owner's residence address in
all documents and notices pertaining to the vehicle. The residence address or name and residence address and any
information provided in the classification request, other than the individual's
service for process mailing address, are private data on individuals but may be
provided to requesting law enforcement agencies, probation and parole agencies,
and public authorities, as defined in section 518.54, subdivision 9.
Sec. 58. Minnesota
Statutes 2004, section 168A.04, is amended by adding a subdivision to read:
Subd. 2a.
[ALTERNATE MAILING ADDRESS.] If the United States Postal Service will
not deliver mail to the residence address of a registered owner who is an
individual as listed on the title application, then the registered owner must
provide verification from the United States Postal Service that mail will not
be delivered to the registered owner's residence address and that mail will be
delivered to a specified alternate mailing address. When an applicant provides an alternate mailing address under
this subdivision, the commissioner shall use the alternate mailing address in
lieu of the residence address for all notices and mailings to the registered
owner.
Sec. 59. Minnesota
Statutes 2004, section 169.09, subdivision 1, is amended to read:
Subdivision 1. [DRIVER
TO STOP FOR ACCIDENT WITH PERSON INDIVIDUAL.] The driver of any motor
vehicle involved in an accident resulting in immediately demonstrable bodily
injury to or death of any person individual shall immediately
stop the vehicle at the scene of the accident, or as close to the scene as
possible, but shall then return to and in every event, shall
remain at, the scene of the accident, until the driver has
fulfilled the requirements of this chapter section as to the
giving of information. The stop shall
must be made without unnecessarily obstructing traffic.
Sec. 60. Minnesota
Statutes 2004, section 169.09, subdivision 2, is amended to read:
Subd. 2. [DRIVER TO
STOP FOR ACCIDENT TO PROPERTY.] The driver of any motor vehicle involved
in an accident to a vehicle which is driven or attended by any person
individual shall immediately stop such the motor vehicle
at the scene of such the accident, or as close thereto to
the accident as possible, but shall forthwith return to, and
in every event shall remain at, the scene of the accident, until
the driver has fulfilled the requirements of this chapter section
as to the giving of information. Every
such The stop shall must be made without unnecessarily
obstructing traffic more than is necessary.
Sec. 61. Minnesota
Statutes 2004, section 169.09, subdivision 3, is amended to read:
Subd. 3. [DRIVER TO
GIVE INFORMATION.] (a) The driver of any motor vehicle involved in an
accident resulting in bodily injury to or death of any person individual,
or damage to any vehicle which is driven or attended by any person
individual, shall stop and give the driver's name, address, and
date of birth and the registration plate number of the vehicle being
driven, and. The driver
shall, upon request and if available, exhibit the driver's license or permit to
drive to the person individual struck or the driver or occupant
of or person individual attending any vehicle collided with. The driver also shall give the information
and upon request exhibit the license or permit to any police peace
officer at the scene of the accident or who is investigating the accident. The driver shall render reasonable
assistance to any person individual injured in the accident.
(b) If not given at the scene of the accident, the driver,
within 72 hours thereafter after the accident, shall give upon,
on request to any person individual involved in the accident
or to a peace officer investigating the accident, the name and address
of the insurer providing automobile vehicle liability insurance
coverage, and the local insurance agent for the insurer.
Sec. 62. Minnesota
Statutes 2004, section 169.09, subdivision 4, is amended to read:
Subd. 4. [COLLISION
WITH UNATTENDED VEHICLE.] The driver of any motor vehicle which that
collides with and damages any vehicle which that is unattended
shall immediately stop and either locate and notify the driver or owner of the
vehicle of the name and address of the driver and registered owner of
the vehicle striking the unattended vehicle, shall report the this
same information to a police peace officer, or shall leave
in a conspicuous place in or secured to the vehicle struck, a written
notice giving the name and address of the driver and of the registered
owner of the vehicle doing the striking.
Sec. 63. Minnesota
Statutes 2004, section 169.09, subdivision 5, is amended to read:
Subd. 5. [NOTIFY OWNER
OF DAMAGED PROPERTY.] The driver of any vehicle involved in an accident resulting
only in damage to fixtures legally upon or adjacent to a highway shall take
reasonable steps to locate and notify the owner or person in charge of such
the property of such that fact and, of the
driver's name and address, and of the registration plate number
of the vehicle being driven and shall, upon request and if available, exhibit
the driver's or chauffeur's license, and make report of such the
accident in every case. The report shall
must be made in the same manner as a report made pursuant to subdivision
7.
Sec. 64. Minnesota
Statutes 2004, section 169.09, subdivision 6, is amended to read:
Subd. 6. [NOTIFY
POLICE NOTICE OF PERSONAL INJURY.] The driver of a vehicle involved
in an accident resulting in bodily injury to or death of any person individual
shall, after compliance with the provisions of this section, and
by the quickest means of communication, give notice of the accident to the
local police department, if the accident occurs within a municipality, or
to a State Patrol officer if the accident occurs on a trunk highway, or to the
office of the sheriff of the county.
Sec. 65. Minnesota
Statutes 2004, section 169.09, subdivision 7, is amended to read:
Subd. 7. [ACCIDENT
REPORT TO COMMISSIONER.] (a) The driver of a vehicle involved in an
accident resulting in bodily injury to or death of any person individual
or total property damage to an apparent extent of $1,000 or more, shall forward
a written report of the accident to the commissioner of public safety within
ten days thereof of the accident. On the required report, the driver shall provide the commissioner
with the name and policy number of the insurer providing vehicle liability insurance
coverage at the time of the accident.
(b) On determining that the original report of any
driver of a vehicle involved in an accident of which report must be made as
provided in this section is insufficient, the commissioner of public safety may
require the driver to file supplementary reports information.
Sec. 66. Minnesota Statutes
2004, section 169.09, subdivision 8, is amended to read:
Subd. 8. [OFFICER TO
REPORT ACCIDENT TO COMMISSIONER.] A law enforcement peace officer
who, in the regular course of duty, investigates a motor vehicle an
accident that must be reported under this section shall, within ten days after
the date of the accident, forward an electronic or written report of the
accident to as prescribed by the commissioner of public safety.
Sec. 67. Minnesota
Statutes 2004, section 169.09, subdivision 9, is amended to read:
Subd. 9. [ACCIDENT
REPORT FORMS FORMAT.] The Department commissioner
of public safety shall prepare electronic or written forms prescribe
the format for the accident reports required under this
section. Upon request the department
commissioner shall supply make available the forms format
to police departments, coroners, sheriffs, garages, and other suitable agencies
or individuals. The forms must be
appropriate with respect to the persons required to make the reports and the
purposes to be served. The
electronic or written report forms to be completed by persons individuals
involved in accidents and by investigating peace officers must call
for sufficiently detailed information to disclose with reference to a
traffic accident the causes, existing conditions then existing,
and the persons individuals and vehicles involved.
Sec. 68. Minnesota
Statutes 2004, section 169.09, subdivision 11, is amended to read:
Subd. 11. [CORONER TO
REPORT DEATH.] Every coroner or other official performing like functions shall
report in writing to the Department commissioner of public safety
the death of any person individual within the coroner's
jurisdiction as the result of an accident involving a motor vehicle and
the circumstances of the accident. The
report shall must be made within 15 days after the death.
In the case of drivers killed in motor vehicle accidents
and of the death of pedestrians 16 years of age or older, who die within four
hours after an accident, the coroner or other official performing like
functions shall examine the body and shall make tests as are necessary to
determine the presence and percentage concentration of alcohol, and drugs if
feasible, in the blood of the victim.
This information shall must be included in each report
submitted pursuant to the provisions of this subdivision and shall be tabulated
on a monthly basis by the Department commissioner of public
safety. This information may be used
only for statistical purposes which that do not reveal the
identity of the deceased.
Sec. 69. Minnesota
Statutes 2004, section 169.09, subdivision 12, is amended to read:
Subd. 12. [GARAGE TO
REPORT BULLET DAMAGE.] The person individual in charge of any
garage or repair shop to which is brought any motor vehicle which
that shows evidence of having been struck by any bullet shall
immediately report to the local police or sheriff and to the commissioner of
public safety within 24 hours after such motor the vehicle is
received, giving the engine number if any, registration plate
number, and the name and address of the registered owner or
operator of such the vehicle.
Sec. 70. Minnesota Statutes 2004, section 169.09, subdivision 14, is
amended to read:
Subd. 14. [PENALTIES.]
(a) The driver of any vehicle who violates subdivision 1 or 6 and who did not
cause the accident is punishable as follows:
(1) if the accident results in the death of any person individual,
the driver is guilty of a felony and may be sentenced to imprisonment for not
more than three years, or to payment of a fine of not more than $5,000, or
both;
(2) if the accident results in great bodily harm to any person
individual, as defined in section 609.02, subdivision 8, the driver is
guilty of a felony and may be sentenced to imprisonment for not more than two
years, or to payment of a fine of not more than $4,000, or both; or
(3) if the accident results in substantial bodily harm to any person
individual, as defined in section 609.02, subdivision 7a, the driver may
be sentenced to imprisonment for not more than one year, or to payment of a
fine of not more than $3,000, or both.
(b) The driver of any vehicle involved in an accident not
resulting in substantial bodily harm or death who violates subdivision 1 or 6
may be sentenced to imprisonment for not more than one year, or to payment of a
fine of not more than $3,000, or both.
(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8, 10,
11, or 12 is guilty of a misdemeanor.
(d) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor violations of this
section shall also be responsible for prosecution of gross misdemeanor
violations of this section.
Sec. 71. Minnesota
Statutes 2004, section 169.09, subdivision 15, is amended to read:
Subd. 15. [DEFENSE.] It
is an affirmative defense to prosecution under subdivisions 1, 2, and 6 that
the driver left the scene of the accident to take any person individual
suffering immediately demonstrable bodily injury in the accident to receive
emergency medical care if the driver of the involved vehicle gives notice to a
law enforcement agency as required by subdivision 6 as soon as reasonably
feasible after the emergency medical care has been undertaken.
Sec. 72. Minnesota
Statutes 2004, section 169.09, is amended by adding a subdivision to read:
Subd. 16.
[COMMISSIONER AS AGENT FOR SERVICE OF PROCESS.] The use and operation
by a resident of this state or the resident's agent, or by a nonresident or the
nonresident's agent, of a motor vehicle within the state of Minnesota, is
deemed an irrevocable appointment by the resident if absent from this state
continuously for six months or more following an accident, or by the
nonresident at any time, of the commissioner of public safety to be the
resident's or nonresident's true and lawful attorney upon whom may be served
all legal process in any action or proceeding against the resident or
nonresident or the executor, administrator, or personal representative of the
resident or nonresident growing out of the use and operation of a motor vehicle
within this state, resulting in damages or loss to person or property, whether
the damage or loss occurs on a highway or on abutting public or private
property. This appointment is binding
upon the nonresident's executor, administrator, or personal
representative. The use or operation of
a motor vehicle by the resident or nonresident is a signification of agreement
that any process in any action against the resident or nonresident or executor,
administrator, or personal representative of the resident or nonresident that
is so served has the same legal force and validity as if served upon the
resident or nonresident personally or on the executor, administrator, or
personal representative of the resident or nonresident. Service of process must be made by serving a
copy thereof upon the commissioner or by filing a copy in
the commissioner's office, together with payment of a fee of $20, and is deemed
sufficient service upon the absent resident or the nonresident or the executor,
administrator, or personal representative of the resident or nonresident;
provided that notice of service and a copy of the process are sent by mail by
the plaintiff within ten days to the defendant at the defendant's last known
address and that the plaintiff's affidavit of compliance with the provisions of
this chapter is attached to the summons.
Sec. 73. Minnesota
Statutes 2004, section 169.09, is amended by adding a subdivision to read:
Subd. 17.
[CONTINUANCE OF COURT PROCEEDING; COSTS.] The court in which the
action is pending may order a continuance as may be necessary to afford the
defendant reasonable opportunity to defend the action, not exceeding 90 days
from the date of filing of the action in that court. The fee of $20 paid by the plaintiff to the commissioner at the
time of service of the proceedings must be taxed in the plaintiff's cost if the
plaintiff prevails in the suit. The
commissioner shall keep a record of all processes so served, which must show
the day and hour of service.
Sec. 74. Minnesota
Statutes 2004, section 171.07, subdivision 1, is amended to read:
Subdivision 1.
[LICENSE; CONTENTS.] (a) Upon the payment of the required fee, the
department shall issue to every qualifying applicant a license designating the
type or class of vehicles the applicant is authorized to drive as applied
for. This license must bear a
distinguishing number assigned to the licensee,; the licensee's
full name, date of birth, and residence address and permanent mailing
address if different,; a description of the licensee in a manner as
the commissioner deems necessary,; and the usual signature of the
licensee. No license is valid unless it
bears the usual signature of the licensee.
Every license must bear a colored photograph or an electronically
produced image of the licensee.
(b) If the United States Postal Service will not deliver
mail to the applicant's residence address as listed on the license, then the
applicant shall provide verification from the United States Postal Service that
mail will not be delivered to the applicant's residence address and that mail
will be delivered to a specified alternate mailing address. When an applicant provides an alternate
mailing address under this subdivision, the commissioner shall use the
alternate mailing address in lieu of the applicant's residence address for all
notices and mailings to the applicant.
(c) Every license issued to an applicant under the age
of 21 must be of a distinguishing color and plainly marked "Under-21."
(c) (d) The department shall use processes in
issuing a license that prohibit, as nearly as possible, the ability to alter or
reproduce a license, or prohibit the ability to superimpose a photograph or
electronically produced image on a license, without ready detection.
(d) (e) A license issued to an applicant age 65
or over must be plainly marked "senior" if requested by the
applicant.
Sec. 75. Minnesota
Statutes 2004, section 171.07, subdivision 3, is amended to read:
Subd. 3. [IDENTIFICATION
CARD; FEE.] (a) Upon payment of the required fee, the department shall issue to
every qualifying applicant a Minnesota identification card. The department may not issue a Minnesota
identification card to a person an individual who has a driver's license,
other than a limited license. The card
must bear a distinguishing number assigned to the applicant; a colored
photograph or an electronically produced image of the applicant; the
applicant's full name, date of birth, and residence address; a description of
the applicant in the manner as the commissioner deems necessary; and the usual
signature of the applicant.
(b) If the United States Postal
Service will not deliver mail to the applicant's residence address as listed on
the Minnesota identification card, then the applicant shall provide
verification from the United States Postal Service that mail will not be
delivered to the applicant's residence address and that mail will be delivered
to a specified alternate mailing address.
When an applicant provides an alternate mailing address under this
subdivision, the commissioner shall use the alternate mailing address in lieu
of the applicant's residence address for all notices and mailings to the
applicant.
(c) Each identification card issued to an applicant
under the age of 21 must be of a distinguishing color and plainly marked
"Under-21."
(c) (d) Each Minnesota identification card must
be plainly marked "Minnesota identification card - not a driver's
license."
(d) (e) The fee for a Minnesota identification
card is 50 cents when issued to a person who is mentally retarded, as defined
in section 252A.02, subdivision 2; a physically disabled person, as defined in
section 169.345, subdivision 2; or, a person with mental illness, as described
in section 245.462, subdivision 20, paragraph (c).
Sec. 76. Minnesota
Statutes 2004, section 171.12, subdivision 7, is amended to read:
Subd. 7. [PRIVACY OF RESIDENCE
ADDRESS DATA.] (a) An applicant for Data on individuals
provided to obtain a driver's license or a Minnesota identification card may
request that the applicant's residence address be classified as private is
public data on individuals, as defined in section 13.02, subdivision 12. The commissioner shall grant the
classification upon receipt of a signed statement by the individual that the
classification is required for the safety of the applicant or the applicant's
family, if the statement also provides a valid, existing address where the
applicant consents to receive service of process. The commissioner shall use the mailing address in place of the
residence address in all documents and notices pertaining to the driver's
license or identification card. The
residence address and any information provided in the classification request,
other than the mailing address, are private data on individuals and may be
provided to requesting law enforcement agencies, probation and parole agencies,
and public authorities, as defined in section 518.54, subdivision 9 The
commissioner shall disclose this data if permitted by United States Code, title
18, section 2721, subsection (b).
(b) An applicant for a driver's license or a Minnesota
identification card must be informed in a clear and conspicuous manner on
the forms for the issuance or renewal that may consent, in writing, to
the commissioner to disclose the applicant's personal information may be
disclosed exempted by United States Code, title 18, section 2721,
subsection (b), to any person who makes a request for the personal
information, and that except for uses permitted by United States Code, title
18, section 2721, subsection (b), the applicant may prohibit disclosure of the
personal information by so indicating on the form. If the applicant so authorizes
disclosures, the commissioner shall implement the request and the information
may be used.
(c) If authorized by an applicant for a driver's license
or a Minnesota identification card must be also informed in a clear and
conspicuous manner on forms that, as indicated in paragraph (b), the
applicant's personal information may be used, rented, or sold solely for bulk
distribution by organizations for business purposes, including surveys,
marketing, or solicitation. The
commissioner shall implement methods and procedures that enable the applicant
to request that bulk surveys, marketing, or solicitation not be directed to the
applicant. If the applicant so
requests, the commissioner shall implement the request in a timely manner and
the personal information may not be so used.
(d) of
a signed statement by the individual that the classification is required for
the safety of the applicant or the applicant's family, if the statement also
provides a valid, existing address where the applicant consents to receive
service of process. The commissioner
shall use the service for process mailing address in place of the residence
address in all documents and notices pertaining to the driver's license,
instruction permit, or Minnesota identification card. The residence address and any information provided in the
classification request, other than the mailing address, are private data on
individuals and may be provided to requesting law enforcement agencies,
probation and parole agencies, and public authorities, as defined in section
518.54, subdivision 9. To the extent permitted by United States Code, title 18,
section 2721, data on individuals provided to obtain a Minnesota identification
card or a driver's license is public data on individuals and shall be disclosed
as permitted by United States Code, title 18, section 2721, subsection (b). An applicant for a driver's license,
instruction permit, or Minnesota identification card may request that the
applicant's residence address be classified as "private data on
individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant the
classification on receipt
Sec. 77. [299C.40]
[COMPREHENSIVE INCIDENT-BASED REPORTING SYSTEM.]
Subdivision 1.
[DEFINITIONS.] (a) The definitions in this subdivision apply to this
section.
(b) "CIBRS" means the Comprehensive Incident-Based
Reporting System, located in the Department of Public Safety and managed by the
Bureau of Criminal Apprehension, Criminal Justice Information Systems
Section. A reference in this section to
"CIBRS" includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota
municipal police department, the Metropolitan Transit Police, the Metropolitan
Airports Police, the University of Minnesota Police Department, a Minnesota
county sheriff's department, the Bureau of Criminal Apprehension, or the
Minnesota State Patrol.
Subd. 2.
[PURPOSE.] CIBRS is a statewide system containing data from law
enforcement agencies. Data in CIBRS
must be made available to law enforcement agencies in order to prepare a case
against a person, whether known or unknown, for the commission of a crime or
other offense for which the agency has investigative authority, or for purposes
of background investigations required by section 626.87.
Subd. 3. [DATA
PRACTICES ACT GOVERNS.] The provisions of chapter 13 apply to this section.
Subd. 4. [DATA
CLASSIFICATION; GENERAL RULE; CHANGES IN CLASSIFICATION; AUDIT TRAIL.] (a)
The classification of data in the law enforcement agency does not change after
the data is submitted to CIBRS.
(b) Data on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as confidential data on
individuals as defined in section 13.02, subdivision 3, and becomes private
data on individuals as defined in section 13.02, subdivision 12, as provided by
this section.
(c) Data not on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as protected nonpublic data
as defined in section 13.02, subdivision 13, and becomes nonpublic data as
defined in section 13.02, subdivision 9, as provided by this section.
(d) Confidential or protected nonpublic data created,
collected, received, maintained, or disseminated by CIBRS must automatically
change classification from confidential data to private data or from protected
nonpublic data to nonpublic data on the earlier of the following dates:
(1) upon receipt by CIBRS of notice
from a law enforcement agency that an investigation has become inactive; or
(2) when the data has not been updated by the law
enforcement agency that submitted it for a period of 120 days.
(e) For the purposes of this section, an investigation
becomes inactive upon the occurrence of any of the events listed in section
13.82, subdivision 7, clauses (a) to (c).
(f) Ten days before making a data classification change
because data has not been updated, CIBRS must notify the law enforcement agency
that submitted the data that a classification change will be made on the 120th
day. The notification must inform the
law enforcement agency that the data will retain its classification as
confidential or protected nonpublic data if the law enforcement agency updates
the data or notifies CIBRS that the investigation is still active before the
120th day. A new 120-day period begins
if the data is updated or if a law enforcement agency notifies CIBRS that an
active investigation is continuing.
(g) A law enforcement agency that submits data to CIBRS must
notify CIBRS if an investigation has become inactive so that the data is
classified as private data or nonpublic data.
The law enforcement agency must provide this notice to CIBRS within ten
days after an investigation becomes inactive.
(h) All queries and responses and all actions in which data
is submitted to CIBRS, changes classification, or is disseminated by CIBRS to
any law enforcement agency must be recorded in the CIBRS audit trail.
Subd. 5. [ACCESS
TO CIBRS DATA BY LAW ENFORCEMENT AGENCY PERSONNEL.] Only law enforcement
agency personnel with certification from the Bureau of Criminal Apprehension
may enter, update, or access CIBRS data.
The ability of particular law enforcement agency personnel to enter,
update, or access CIBRS data must be limited through the use of purpose codes
that correspond to the official duties and training level of the personnel.
Subd. 6. [ACCESS
TO CIBRS DATA BY DATA SUBJECT.] Upon request to the Bureau of Criminal
Apprehension or to a law enforcement agency participating in CIBRS an
individual shall be informed whether the individual is the subject of private
or confidential data held by CIBRS. An
individual who is the subject of private data held by CIBRS may obtain access
to the data by making a request to the Bureau of Criminal Apprehension or to a
participating law enforcement agency.
Private data provided to the subject under this subdivision must also
include the name of the law enforcement agency that submitted the data to CIBRS
and the name, telephone number, and address of the responsible authority of that
law enforcement agency.
Subd. 7.
[CHALLENGE TO COMPLETENESS AND ACCURACY OF DATA.] An individual who
is the subject of public or private data held by CIBRS and who wants to
challenge the completeness or accuracy of the data under section 13.04, subdivision
4, must notify in writing the responsible authority of the participating law
enforcement agency. A law enforcement
agency must notify the Bureau of Criminal Apprehension when data held by CIBRS
is challenged. The notification must
identify the data that was challenged and the subject of the data. CIBRS must include any notification received
under this paragraph whenever disseminating data about which no determination
has been made. When the responsible
authority of a law enforcement agency completes, corrects, or destroys
successfully challenged data, the corrected data must be submitted to CIBRS and
any future dissemination must be of the corrected data.
Sec. 78. [REPORT TO LEGISLATURE.]
By January 15, 2006, the commissioner of public safety must
report to the chair of the House Public Safety Policy and Finance Committee and
the chair of the Senate Crime Prevention and Public Safety Committee and make
legislative recommendations on possible use of CIBRS data for background checks
required by law, a process for criminal records expungement by the subject of
CIBRS data, and retention schedules for CIBRS data.
Sec. 79. [INSTRUCTION
TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes in column A with the number in column B. The revisor shall also make any necessary
cross-reference changes.
Column A Column B
170.24
169.09, subdivision 14a
170.54
169.09, subdivision 5a
Sec. 80. [REPEALER.]
Minnesota Statutes 2004, sections 13.04, subdivision 5;
169.09, subdivision 10; and 170.55, are repealed."
Delete the title and insert:
"A bill for an act relating to government data; making
technical, conforming, and clarifying changes to the Minnesota Government Data
Practices Act; defining terms; modifying certain civil penalty and damages
amounts; classifying and regulating access to, and dissemination of, certain
data; regulating certain fees; providing for the conduct of certain board and
council meetings; modifying provisions regulating motor vehicle and driver
applications and records; modifying vehicle accident reports and procedures;
providing for treatment of data held by the comprehensive incident-based
reporting system; amending Minnesota Statutes 2004, sections 11A.24,
subdivision 6; 13.01, subdivisions 1, 3; 13.02, subdivision 7; 13.03,
subdivisions 1, 2, 3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05, subdivisions
1, 4, 6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4;
13.073, subdivision 3; 13.08, subdivisions 1, 2, 4, 5; 13.32, by adding a
subdivision; 13.37, subdivisions 1, 2, 3; 13.3805, by adding a subdivision;
13.43, subdivisions 1, 2, 3; 13.46, subdivision 4; 13.591, by adding
subdivisions; 13.601, by adding a subdivision; 13.635, by adding a subdivision;
13.72, by adding subdivisions; 13.82, subdivisions 1, 16; 16C.06, subdivision
5; 116J.68, by adding a subdivision; 116L.03, by adding a subdivision;
116L.665, by adding a subdivision; 116M.15, by adding a subdivision; 116U.25;
168.346; 168A.04, by adding a subdivision; 169.09, subdivisions 1, 2, 3, 4, 5,
6, 7, 8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07, subdivisions 1, 3;
171.12, subdivision 7; proposing coding for new law in Minnesota Statutes,
chapters 41A; 299C; repealing Minnesota Statutes 2004, sections 13.04,
subdivision 5; 169.09, subdivision 10; 170.55."
With the recommendation that when so amended the bill pass.
The report was adopted.
Gunther from the Committee on Jobs and Economic Opportunity
Policy and Finance to which was referred:
H. F. No. 400, A bill for an act relating to unemployment
insurance; making an eligibility exception permanent for certain school food
service workers; amending Minnesota Statutes 2004, section 268.085, subdivision
8.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 471, A bill for an act relating to commerce; imposing
certain customer sales or service call center requirements; prescribing a
criminal penalty; proposing coding for new law in Minnesota Statutes, chapter
325F.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[325F.695] [CUSTOMER SALES OR SERVICE CALL CENTER REQUIREMENTS.]
Subdivision 1.
[DEFINITIONS.] For purposes of this section, the following terms have
the meanings given them:
(1) "customer sales and service call center" means
an entity whose primary purpose includes the initiating or receiving of
telephonic communications on behalf of any person for the purpose of initiating
telephone solicitations as defined in section 325E.311, subdivision 6;
(2) "customer service call center" means an entity
whose primary purpose includes the initiating or receiving of telephonic
communications on behalf of any person for the purposes of providing or
receiving services or information necessary in connection with the providing of
services or other benefits; and
(3) "customer services employee" means a person
employed by or working on behalf of a customer sales call center or a customer
service call center.
Subd. 2.
[CUSTOMERS' RIGHT TO CUSTOMER SALES OR CUSTOMER SERVICE CALL CENTER
INFORMATION.] (a) Any person who receives a telephone call from, or places a
telephone call to, a customer sales call center or a customer service call
center, upon request, has the right to know the identification of the state or
country where the customer service employee is located.
(b) A person who receives a telephone solicitation from, or
places a telephone call to, a customer sales call center or a customer service
call center located in a foreign country, which requests the person's
financial, credit, or identifying information, shall have the right to request
an alternative option to contact a customer sales and service center located in
the United States before the information is given if the alternative option is
available.
Subd. 3.
[VIOLATION.] It is fraud under section 325F.69 for a person to
willfully violate this section.
Subd. 4.
[APPLICATION TO OTHER REMEDIES.] Nothing in this section changes the
remedies currently available under state or federal law or creates additional
or new remedies.
Sec. 2. [EFFECTIVE
DATE; APPLICATION.]
This act is effective August 1, 2005."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Public Safety Policy and Finance.
The report was adopted.
Dorman from the Committee on Capital Investment to which was
referred:
H. F. No. 498, A bill for an act relating to public safety;
radio communications; modifying sales and use tax exemption for public safety
radio communication system products and services; expanding definition of
subsystems; expanding purposes for public safety radio communication systems'
revenue bonds; increasing dollar limits and clarifying the kind of
subsystem certain revenue bonds may be used for; appropriating money; amending
Minnesota Statutes 2004, sections 297A.70, subdivision 8; 403.21, subdivision
8; 403.27, subdivisions 3, 4, by adding subdivisions; 403.30, by adding a
subdivision.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Taxes.
The report was adopted.
Holberg from the Committee on Transportation Finance to which
was referred:
H. F. No. 682, A bill for an act relating to the military;
providing for special "Support Our Troops" plates; establishing an
account; providing funding for certain National Guard incentive programs;
providing funding for a World War II veterans memorial and the maintenance and
improvement of veterans homes; providing certain income tax benefits;
appropriating money; amending Minnesota Statutes 2004, sections 289A.02,
subdivision 7; 290.01, subdivisions 19, 19b, 31; 290.06, subdivision 2c;
290.091, subdivision 2; 290A.03, subdivision 15; 291.005, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapters 168; 190.
Reported the same back with the following amendments:
Pages 1 to 4, delete article 1
Renumber the articles in sequence
Amend the title as follows:
Page 1, line 2, delete everything after the semicolon
Page 1, delete line 3
Page 1, line 12, delete everything after "1" and
insert a period
Page 1, delete line 13
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on State Government Finance.
The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 731, A bill for an act relating to the environment;
modifying individual sewage treatment system inspection requirements to avoid
conflicts of interest; amending Minnesota Statutes 2004, section 115.55,
subdivision 5.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 115.55, subdivision 5, is amended to
read:
Subd. 5. [INSPECTION.]
(a) An inspection shall be required for all new construction or replacement of
a system to determine compliance with agency rule or local standards. The manner and timing of inspection may be
determined by the applicable local ordinance.
The inspection requirement may be satisfied by a review by the
designated local official of video, electronic, photographic, or other evidence
of compliance provided by the installer.
(b) Except as provided in subdivision 5b, paragraph (b), a
local unit of government may not issue a building permit or variance for the
addition of a bedroom on property served by a system unless the system is in
compliance with the applicable requirements, as evidenced by a certificate of
compliance issued by a licensed inspector or site evaluator or designer. A local unit of government may temporarily
waive the certificate of compliance requirement for a building permit or
variance for which application is made during the period from November 1 to
April 30, provided that an inspection of the system is performed by the
following June 1 and the applicant submits a certificate of compliance by the
following September 30. This paragraph
does not apply if the local unit of government does not have an ordinance
requiring a building permit to add a bedroom.
(c) A certificate of compliance for an existing system is valid
for three years from the date of issuance unless the local unit of government
finds evidence of an imminent threat to public health or safety requiring
removal and abatement under section 145A.04, subdivision 8.
(d) A certificate of compliance for a new system is valid for
five years from the date of issuance unless the local unit of government finds
evidence of an imminent threat to public health or safety requiring removal and
abatement under section 145A.04, subdivision 8.
(e) A licensed inspector who inspects an existing system may
subsequently design and install a new system for that property, provided the inspector
is licensed to install individual sewage treatment systems.
(f) No system professional may use their position with
government, either as an employee or a contractor, to solicit business for
their private system enterprise."
With the recommendation that when so amended the bill pass.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 761, A bill for an act relating to family law;
changing certain procedures for removal of a child's residence from Minnesota;
amending Minnesota Statutes 2004, sections 518.1705, subdivision 7; 518.175,
subdivision 3; 518.18.
Reported the same back with the following amendments:
Delete everything after the enacting
clause and insert:
"Section 1.
[257.026] [NOTIFICATION OF RESIDENCE WITH CERTAIN CONVICTED PERSONS.]
A person who is granted custody of a child under this
chapter or chapter 518 must notify the child's noncustodial parent, if any, and
the court that granted the custody if the person with custody marries or begins
living in the same residence with a person who has been convicted of a crime
listed in section 518.179, subdivision 2.
The court must hold a hearing within 30 days to determine whether the
existing custody situation is still in the best interests of the child or
custody of the child should be transferred to a different person.
Sec. 2. Minnesota
Statutes 2004, section 257.55, subdivision 1, is amended to read:
Subdivision 1.
[PRESUMPTION.] A man is presumed to be the biological father of a child
if:
(a) He and the child's biological mother are or have been
married to each other and the child is born during the marriage, or within 280
days after the marriage is terminated by death, annulment, declaration of
invalidity, dissolution, or divorce, or after a decree of legal separation is
entered by a court. The presumption in
this paragraph does not apply if the man has joined in a recognition of
parentage recognizing another man as the biological father under section
257.75, subdivision 1a;
(b) Before the child's birth, he and the child's biological
mother have attempted to marry each other by a marriage solemnized in apparent
compliance with law, although the attempted marriage is or could be declared void,
voidable, or otherwise invalid, and,
(1) if the attempted marriage could be declared invalid only by
a court, the child is born during the attempted marriage, or within 280 days
after its termination by death, annulment, declaration of invalidity, dissolution
or divorce; or
(2) if the attempted marriage is invalid without a court order,
the child is born within 280 days after the termination of cohabitation;
(c) After the child's birth, he and the child's biological
mother have married, or attempted to marry, each other by a marriage solemnized
in apparent compliance with law, although the attempted marriage is or could be
declared void, voidable, or otherwise invalid, and,
(1) he has acknowledged his paternity of the child in writing
filed with the state registrar of vital statistics;
(2) with his consent, he is named as the child's father on the
child's birth record; or
(3) he is obligated to support the child under a written
voluntary promise or by court order;
(d) While the child is under the age of majority, he
receives the child into his home During the first two years of the
child's life, he resided in the same household with the child for at least 12
months and openly holds held out the child as his biological
child own;
(e) He and the child's biological mother acknowledge his
paternity of the child in a writing signed by both of them under section 257.34
and filed with the state registrar of vital statistics. If another man is presumed under this
paragraph to be the child's father, acknowledgment may be effected only with
the written consent of the presumed father or after the presumption has been
rebutted;
(f) Evidence of statistical
probability of paternity based on blood or genetic testing establishes the
likelihood that he is the father of the child, calculated with a prior
probability of no more than 0.5 (50 percent), is 99 percent or greater;
(g) He and the child's biological mother have executed a
recognition of parentage in accordance with section 257.75 and another man is
presumed to be the father under this subdivision;
(h) (g) He and the child's biological mother have
executed a recognition of parentage in accordance with section 257.75 and
another man and the child's mother have executed a recognition of parentage in
accordance with section 257.75; or
(i) (h) He and the child's biological mother
executed a recognition of parentage in accordance with section 257.75 when
either or both of the signatories were less than 18 years of age.
Sec. 3. Minnesota
Statutes 2004, section 257.57, subdivision 2, is amended to read:
Subd. 2. [ACTIONS UNDER
OTHER PARAGRAPHS OF SECTION 257.55, SUBDIVISION 1.] The child, the mother, or
personal representative of the child, the public authority chargeable by law
with the support of the child, the personal representative or a parent of the
mother if the mother has died or is a minor, a man alleged or alleging himself
to be the father, or the personal representative or a parent of the alleged
father if the alleged father has died or is a minor may bring an action:
(1) at any time for the purpose of declaring the existence of
the father and child relationship presumed under section sections
257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), and
257.62, subdivision 5, paragraph (b), or the nonexistence of the father and
child relationship presumed under section 257.55, subdivision 1, clause
(d) of that subdivision;
(2) for the purpose of declaring the nonexistence of the father
and child relationship presumed under section 257.55, subdivision 1, paragraph
(e) or (g), only if the action is brought within six months after the person
bringing the action obtains the results of blood or genetic tests that indicate
that the presumed father is not the father of the child;
(3) for the purpose of declaring the nonexistence of the father
and child relationship presumed under section 257.55, subdivision 1,
paragraph (f) 257.62, subdivision 5, paragraph (b), only if the
action is brought within three years after the party bringing the action, or
the party's attorney of record, has been provided the blood or genetic test
results; or
(4) for the purpose of declaring the nonexistence of the father
and child relationship presumed under section 257.75, subdivision 9, only if
the action is brought by the minor signatory within six months after the minor
signatory reaches the age of 18. In the
case of a recognition of parentage executed by two minor signatories, the
action to declare the nonexistence of the father and child relationship must be
brought within six months after the youngest signatory reaches the age of 18.
Sec. 4. Minnesota
Statutes 2004, section 257.62, subdivision 5, is amended to read:
Subd. 5. [POSITIVE TEST
RESULTS.] (a) If the results of blood or genetic tests completed in a
laboratory accredited by the American Association of Blood Banks indicate that
the likelihood of the alleged father's paternity, calculated with a prior
probability of no more than 0.5 (50 percent), is 92 percent or greater, upon
motion the court shall
order the alleged father to pay temporary child support determined according to
chapter 518. The alleged father shall
pay the support money to the public authority if the public authority is a
party and is providing services to the parties or, if not, into court pursuant
to the Rules of Civil Procedure to await the results of the paternity
proceedings.
(b) If the results of blood or genetic tests completed in a
laboratory accredited by the American Association of Blood Banks indicate that
likelihood of the alleged father's paternity, calculated with a prior
probability of no more than 0.5 (50 percent), is 99 percent or greater, there
is an evidentiary presumption that the alleged father is presumed to be
the parent biological father and the party opposing the
establishment of the alleged father's paternity has the burden of proving by
clear and convincing evidence that the alleged father is not the father of the
child.
(c) A determination under this subdivision that the alleged
father is the biological father does not preclude the adjudication of another
man as the legal father pursuant to section 257.55, subdivision 2, nor does it
allow the donor of genetic material for assisted reproduction for the benefit
of the recipient parent or parents, whether sperm or ovum (egg), to claim to be
the child's biological or legal parent or both.
Sec. 5. Minnesota
Statutes 2004, section 257C.03, subdivision 7, is amended to read:
Subd. 7. [INTERESTED
THIRD PARTY; BURDEN OF PROOF; FACTORS.] (a) To establish that an individual is
an interested third party, the individual must:
(1) show by clear and convincing evidence that one of the
following factors exist:
(i) the parent has abandoned, neglected, or otherwise exhibited
disregard for the child's well-being to the extent that the child will be
harmed by living with the parent;
(ii) placement of the child with the individual takes priority
over preserving the day-to-day parent-child relationship because of the
presence of physical or emotional danger to the child, or both; or
(iii) other extraordinary circumstances; and
(2) prove by a preponderance of the evidence that it is in the
best interests of the child to be in the custody of the interested third party;
and
(3) show by clear and convincing evidence that granting the
petition would not violate section 518.179, subdivision 1a.
(b) The following factors must be considered by the court in
determining an interested third party's petition:
(1) the amount of involvement the interested third party had
with the child during the parent's absence or during the child's lifetime;
(2) the amount of involvement the parent had with the child
during the parent's absence;
(3) the presence or involvement of other interested third
parties;
(4) the facts and circumstances of the parent's absence;
(5) the parent's refusal to comply with conditions for
retaining custody set forth in previous court orders;
(6)
whether the parent now seeking custody was previously prevented from
doing so as a result of domestic violence;
(7) whether a sibling of the child is already in the care of
the interested third party; and
(8) the existence of a standby custody designation under
chapter 257B.
(c) In determining the best interests of the child, the court
must apply the standards in section 257C.04.
Sec. 6. Minnesota
Statutes 2004, section 259.24, subdivision 1, is amended to read:
Subdivision 1.
[EXCEPTIONS.] No child shall be adopted without the consent of the
child's parents and the child's guardian, if there be one, except in the
following instances:
(a) Consent shall not be required of a parent not entitled to
notice of the proceedings.
(b) Consent shall not be required of a parent who has abandoned
the child, or of a parent who has lost custody of the child through a divorce
decree or a decree of dissolution, and upon whom notice has been served as
required by section 259.49.
(c) Consent shall not be required of a parent whose parental
rights to the child have been terminated by a juvenile court or who has lost
custody of a child through a final commitment of the juvenile court or through
a decree in a prior adoption proceeding.
(d) If there be no parent or guardian qualified to consent to
the adoption, the consent may must be given by the
commissioner. After the court
accepts a parent's consent to the adoption under section 260C.201, subdivision
11, consent by the commissioner or the commissioner's designee is also
necessary. Agreement to the identified prospective
adoptive parent by the responsible social services agency under section
260C.201, subdivision 11, does not constitute the required consent.
(e) The commissioner or agency having authority to place a
child for adoption pursuant to section 259.25, subdivision 1, shall have the
exclusive right to consent to the adoption of such child. The commissioner or agency shall make every
effort to place siblings together for adoption. Notwithstanding any rule to the contrary, the commissioner may
delegate the right to consent to the adoption or separation of siblings, if it
is in the child's best interest, to a local social services agency.
Sec. 7. Minnesota
Statutes 2004, section 259.24, subdivision 2a, is amended to read:
Subd. 2a. [TIME OF CONSENT;
NOTICE OF INTENT TO CONSENT TO ADOPTION.] (a) Not sooner than 72 hours after
the birth of a child and not later than 60 days after the child's placement in
a prospective adoptive home, a person whose consent is required under this
section shall execute a consent.
(b) Unless all birth parents from whom consent is required
under this section are involved in making the adoptive placement and intend to
consent to the adoption, a birth parent who intends to execute a consent to an
adoption must give notice to the child's other birth parent of the intent to
consent to the adoption prior to or within 72 hours following the placement of
the child, if the other birth parent's consent to the adoption is required
under subdivision 1. The birth parent
who receives notice shall have 60 days after the placement of the child to
either consent or refuse to consent to the adoption. If the birth parent who receives notice fails to take either of
these actions, that parent shall be deemed to have irrevocably consented to the
child's adoption. The notice
provisions of chapter 260C and the rules of juvenile protection procedure shall
apply to both parents when the consent to adopt is executed under section
260C.201, subdivision 11.
(c) When notice is required under this subdivision, it shall
be provided to the other birth parent according to the Rules of Civil Procedure
for service of a summons and complaint.
Sec. 8. Minnesota
Statutes 2004, section 259.24, subdivision 5, is amended to read:
Subd. 5. [EXECUTION.]
All consents to an adoption shall be in writing, executed before two competent
witnesses, and acknowledged by the consenting party. In addition, all consents to an adoption, except those by the
commissioner, the commissioner's agent, a licensed child-placing agency, an
adult adoptee, or the child's parent in a petition for adoption by a
stepparent, shall be executed before a representative of the commissioner, the
commissioner's agent, or a licensed child-placing agency. All consents by a parent:
(1) shall contain notice to the parent of the substance of
subdivision 6a, providing for the right to withdraw consent unless the
parent will not have the right to withdraw consent because consent was executed
under section 260C.201, subdivision 11, following proper notice that consent
given under that provision is irrevocable upon acceptance by the court as
provided in subdivision 6a; and
(2) shall contain the following written notice in all capital
letters at least one-eighth inch high:
"This agency will submit your consent to adoption to the
court. The consent itself does not
terminate your parental rights.
Parental rights to a child may be terminated only by an adoption decree
or by a court order terminating parental rights. Unless the child is adopted or your parental rights are
terminated, you may be asked to support the child."
Consents shall be filed in the adoption proceedings at any time
before the matter is heard provided, however, that a consent executed and
acknowledged outside of this state, either in accordance with the law of this
state or in accordance with the law of the place where executed, is valid.
Sec. 9. Minnesota
Statutes 2004, section 259.24, subdivision 6a, is amended to read:
Subd. 6a. [WITHDRAWAL
OF CONSENT.] Except for consents executed under section 260C.201,
subdivision 11, a parent's consent to adoption may be withdrawn for any
reason within ten working days after the consent is executed and
acknowledged. Written notification of
withdrawal of consent must be received by the agency to which the child was
surrendered no later than the tenth working day after the consent is executed
and acknowledged. On the day following
the tenth working day after execution and acknowledgment, the consent shall
become irrevocable, except upon order of a court of competent jurisdiction
after written findings that consent was obtained by fraud. A consent to adopt executed under section
260C.201, subdivision 11, is irrevocable upon proper notice to both parents of
the effect of a consent to adopt and acceptance by the court, except upon order
of the same court after written findings that the consent was obtained by
fraud. In proceedings to determine
the existence of fraud, the adoptive parents and the child shall be made
parties. The proceedings shall be
conducted to preserve the confidentiality of the adoption process. There shall be no presumption in the
proceedings favoring the birth parents over the adoptive parents.
Sec. 10. Minnesota
Statutes 2004, section 260C.201, subdivision 11, is amended to read:
Subd. 11. [REVIEW OF
COURT-ORDERED PLACEMENTS; PERMANENT PLACEMENT DETERMINATION.] (a) This
subdivision and subdivision 11a do not apply in cases where the child is in
placement due solely to the child's developmental disability or emotional
disturbance, where legal custody has not been transferred to the responsible
social services agency, and where the court finds compelling reasons under
section 260C.007, subdivision 8, to continue the child in foster care past the time
periods specified in this subdivision.
Foster care placements of children due solely to their disability are
governed by section 260C.141, subdivision 2b.
In all other cases where the child is in foster care or in the care of a
noncustodial parent under subdivision 1, the court shall conduct a hearing to
determine the permanent status of a child not later than 12 months after the
child is placed in foster care or in the care of a noncustodial parent.
For purposes of this subdivision, the date of the child's
placement in foster care is the earlier of the first court-ordered placement or
60 days after the date on which the child has been voluntarily placed in foster
care by the child's parent or guardian.
For purposes of this subdivision, time spent by a child under the
protective supervision of the responsible social services agency in the home of
a noncustodial parent pursuant to an order under subdivision 1 counts towards
the requirement of a permanency hearing under this subdivision or subdivision 11a.
For purposes of this subdivision, 12 months is calculated as
follows:
(1) during the pendency of a petition alleging that a child is
in need of protection or services, all time periods when a child is placed in
foster care or in the home of a noncustodial parent are cumulated;
(2) if a child has been placed in foster care within the
previous five years under one or more previous petitions, the lengths of all
prior time periods when the child was placed in foster care within the previous
five years are cumulated. If a child
under this clause has been in foster care for 12 months or more, the court, if
it is in the best interests of the child and for compelling reasons, may extend
the total time the child may continue out of the home under the current
petition up to an additional six months before making a permanency
determination.
(b) Unless the responsible social services agency recommends
return of the child to the custodial parent or parents, not later than 30 days
prior to this hearing, the responsible social services agency shall file
pleadings in juvenile court to establish the basis for the juvenile court to
order permanent placement of the child according to paragraph (d). Notice of the hearing and copies of the
pleadings must be provided pursuant to section 260C.152. If a termination of parental rights petition
is filed before the date required for the permanency planning determination and
there is a trial under section 260C.163 scheduled on that petition within 90
days of the filing of the petition, no hearing need be conducted under this
subdivision.
(c) At the conclusion of the hearing, the court shall order the
child returned to the care of the parent or guardian from whom the child was
removed or order a permanent placement in the child's best interests. The "best interests of the child"
means all relevant factors to be considered and evaluated. Transfer of permanent legal and physical custody,
termination of parental rights, or guardianship and legal custody to the
commissioner through a consent to adopt are preferred permanency options for a
child who cannot return home.
(d) If the child is not returned to the home, the court must
order one of the following dispositions:
(1) permanent legal and physical custody to a relative in the
best interests of the child according to the following conditions:
(i) an order for transfer of permanent legal and physical
custody to a relative shall only be made after the court has reviewed the
suitability of the prospective legal and physical custodian;
(ii) in transferring permanent legal and physical custody to a
relative, the juvenile court shall follow the standards applicable under this
chapter and chapter 260, and the procedures set out in the juvenile court
rules;
(iii) an order establishing permanent legal and physical
custody under this subdivision must be filed with the family court;
(iv) a transfer of legal and physical custody includes
responsibility for the protection, education, care, and control of the child
and decision making on behalf of the child;
(v) the social services agency may bring a petition or motion
naming a fit and willing relative as a proposed permanent legal and physical
custodian. The commissioner of human
services shall annually prepare for counties information that must be given to
proposed custodians about their legal rights and obligations as custodians
together with information on financial and medical benefits for which the child
is eligible; and
(vi) the juvenile court may maintain jurisdiction over the
responsible social services agency, the parents or guardian of the child, the
child, and the permanent legal and physical custodian for purposes of ensuring
appropriate services are delivered to the child and permanent legal custodian or
for the purpose of ensuring conditions ordered by the court related to the care
and custody of the child are met;
(2) termination of parental rights according to the following
conditions:
(i) unless the social services agency has already filed a petition
for termination of parental rights under section 260C.307, the court may order
such a petition filed and all the requirements of sections 260C.301 to 260C.328
remain applicable; and
(ii) an adoption completed subsequent to a determination under
this subdivision may include an agreement for communication or contact under
section 259.58;
(3) long-term foster care according to the following
conditions:
(i) the court may order a child into long-term foster care only
if it finds compelling reasons that neither an award of permanent legal and
physical custody to a relative, nor termination of parental rights is in the
child's best interests; and
(ii) further, the court may only order long-term foster care
for the child under this section if it finds the following:
(A) the child has reached age 12 and reasonable efforts by the
responsible social services agency have failed to locate an adoptive family for
the child; or
(B) the child is a sibling of a child described in subitem (A)
and the siblings have a significant positive relationship and are ordered into
the same long-term foster care home;
(4) foster care for a specified period of time according to the
following conditions:
(i) foster care for a specified period of time may be ordered
only if:
(A) the sole basis for an adjudication that the child is in
need of protection or services is the child's behavior;
(B) the court finds that foster care for a specified period of
time is in the best interests of the child; and
(C) the court finds compelling reasons that neither an award of
permanent legal and physical custody to a relative, nor termination of parental
rights is in the child's best interests;
(ii) the order does not specify that the child continue in
foster care for any period exceeding one year; or
(5) guardianship and legal custody to the commissioner of
human services under the following procedures and conditions:
(i) there is an identified prospective adoptive home that has
agreed to adopt the child and agreed to by the responsible social services
agency having legal custody of the child pursuant to court order under this
section and the court accepts the parent's voluntary consent to adopt under
section 259.24;
(ii) if the court accepts a consent to adopt in lieu of
ordering one of the other enumerated permanency dispositions, the court must
review the matter at least every 90 days.
The review will address the reasonable efforts of the agency to achieve
a finalized adoption;
(iii) a consent to adopt under this clause vests all legal
authority regarding the child, including guardianship and legal custody of the
child, with the commissioner of human services as if the child were a state
ward after termination of parental rights;
(iv) the court must forward a copy of the consent to adopt,
together with a certified copy of the order transferring guardianship and legal
custody to the commissioner, to the commissioner; and
(v) if an adoption is not finalized by the identified
prospective adoptive parent within 12 months of the execution of the consent to
adopt under this clause, the commissioner of human services or the
commissioner's delegate shall pursue adoptive placement in another home unless
the commissioner certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent; and
(vi) notwithstanding item (v), the commissioner of human
services or the commissioner's designee must pursue adoptive placement in
another home as soon as the commissioner or commissioner's designee determines
that finalization of the adoption with the identified prospective adoptive
parent is not possible, that the identified prospective adoptive parent is not
willing to adopt the child, that the identified prospective adoptive parent is
not cooperative in completing the steps necessary to finalize the adoption, or
upon the commissioner's determination to withhold consent to the adoption.
(e) In ordering a permanent placement of a child, the court
must be governed by the best interests of the child, including a review of the
relationship between the child and relatives and the child and other important
persons with whom the child has resided or had significant contact.
(f) Once a permanent placement determination has been made and
permanent placement has been established, further court reviews are necessary
if:
(1) the placement is long-term foster care or foster care for a
specified period of time;
(2) the court orders further hearings because it has retained
jurisdiction of a transfer of permanent legal and physical custody matter;
(3) an adoption has not yet been finalized; or
(4) there is a disruption of the permanent or long-term
placement.
(g) Court reviews of an order for long-term foster care,
whether under this section or section 260C.317, subdivision 3, paragraph (d),
or foster care for a specified period of time must be conducted at least yearly
and must review the child's out-of-home placement plan and the reasonable
efforts of the agency to:
(1) identify a specific long-term foster home for the child or
a specific foster home for the time the child is specified to be out of the
care of the parent, if one has not already been identified;
(2) support continued placement of the child in the identified
home, if one has been identified;
(3) ensure appropriate services are provided to the child
during the period of long-term foster care or foster care for a specified
period of time;
(4) plan for the child's independence upon the child's leaving
long-term foster care living as required under section 260C.212, subdivision 1;
and
(5) where placement is for a specified period of time, a plan
for the safe return of the child to the care of the parent.
(h) An order under this subdivision must include the following
detailed findings:
(1) how the child's best interests are served by the order;
(2) the nature and extent of the responsible social service
agency's reasonable efforts, or, in the case of an Indian child, active efforts
to reunify the child with the parent or parents;
(3) the parent's or parents' efforts and ability to use
services to correct the conditions which led to the out-of-home placement; and
(4) whether the conditions which led to the out-of-home
placement have been corrected so that the child can return home.
(i) An order for permanent legal and physical custody of a
child may be modified under sections 518.18 and 518.185. The social services agency is a party to the
proceeding and must receive notice. A
parent may only seek modification of an order for long-term foster care upon
motion and a showing by the parent of a substantial change in the parent's
circumstances such that the parent could provide appropriate care for the child
and that removal of the child from the child's permanent placement and the
return to the parent's care would be in the best interest of the child.
(j) The court shall issue an order required under this section
within 15 days of the close of the proceedings. The court may extend issuing the order an additional 15 days when
necessary in the interests of justice and the best interests of the child.
Sec. 11. [260C.209]
[BACKGROUND CHECKS.]
Subdivision 1.
[SUBJECTS.] (a) The responsible social services agency must conduct a
background check of the following under this section:
(1) a noncustodial parent or nonadjudicated parent who is
being assessed for purposes of providing day-to-day care of a child temporarily
or permanently under section 260C.212, subdivision 4, and any member of the
parent's household who is over 13 years of age when there is a reasonable cause
to believe that the parent or household member over 13 years of age has a
criminal history or a history of maltreatment of a child or vulnerable adult
which would endanger the child's health, safety, or welfare;
(2) an individual whose suitability
for relative placement under section 260C.212, subdivision 5, is being
determined, and any member of the relative's household who is over 13 years of
age when: (i) the relative must be
licensed for foster care; (ii) the agency must conduct a background study under
section 259.53, subdivision 2; or (iii) the agency has reasonable cause to
believe the relative or household member over 13 years of age has a criminal history
which would not make transfer of permanent legal and physical custody to the
relative under section 260C.201, subdivision 11, in the child's best interest;
and
(3) a parent, following an out-of-home placement, when the
responsible social services agency has reasonable cause to believe that the
parent has been convicted of a crime directly related to the parent's capacity
to maintain the child's health, safety, or welfare or the parent is the subject
of an open investigation of, or has been the subject of a substantiated
allegation of, child or vulnerable-adult maltreatment within the past ten
years.
(b) As used in this subdivision, "reasonable
cause" means that the agency has received information or a report from the
subject or a third person that creates an articulable suspicion that the
individual has a history that may pose a risk to the health, safety, or welfare
of the child. The information or report
must be specific to the potential subject of the background check and must not
be based on the race, religion, ethnic background, age, class, or lifestyle of
the potential subject.
Subd. 2.
[GENERAL PROCEDURES.] (a) When conducting a background check under
subdivision 1, the agency may require the individual being assessed to provide
sufficient information to ensure an accurate assessment under this section,
including the individual's:
(1) first, middle, and last name and all other names by
which the individual has been known;
(2) home address, zip code, city, county, and state of
residence for the past ten years;
(3) sex;
(4) date of birth; and
(5) driver's license number or state identification number.
(b) When notified by the responsible social services agency
that it is conducting an assessment under this section, the Bureau of Criminal
Apprehension, the commissioners of health and human services, law enforcement,
and county agencies must provide the responsible social services agency or
county attorney with the following information on the individual being
assessed: criminal history data,
reports about the maltreatment of adults substantiated under section 626.557,
and reports of maltreatment of minors substantiated under section 626.556.
Subd. 3.
[MULTISTATE INFORMATION.] (a) For any assessment completed under this
section, if the responsible social services agency has reasonable cause to
believe that the individual is a multistate offender, the individual must
provide the responsible social services agency or the county attorney with a
set of classifiable fingerprints obtained from an authorized law enforcement
agency. The responsible social services
agency or county attorney may obtain criminal history data from the National
Criminal Records Repository by submitting the fingerprints to the Bureau of
Criminal Apprehension.
(b) For purposes of this subdivision, the responsible social
services agency has reasonable cause when, but not limited to:
(1) information from the Bureau of Criminal Apprehension
indicates that the individual is a multistate offender;
(2) information from the Bureau of
Criminal Apprehension indicates that multistate offender status is
undetermined;
(3) the social services agency has received a report from
the individual or a third party indicating that the individual has a criminal
history in a jurisdiction other than Minnesota; or
(4) the individual is or has been a resident of a state
other than Minnesota at any time during the prior ten years.
Subd. 4. [NOTICE
UPON RECEIPT.] The responsible social services agency must provide the
subject of the background study with the results of the study under this
section within 15 business days of receipt or at least 15 days prior to the
hearing at which the results will be presented, whichever comes first. The subject may provide written information
to the agency that the results are incorrect and may provide additional or
clarifying information to the agency and to the court through a party to the
proceeding. This provision does not
apply to any background study conducted under chapters 245A and 245C.
Sec. 12. Minnesota
Statutes 2004, section 260C.212, subdivision 4, is amended to read:
Subd. 4. [RESPONSIBLE
SOCIAL SERVICE AGENCY'S DUTIES FOR CHILDREN IN PLACEMENT.] (a) When a child is
in placement, the responsible social services agency shall make diligent
efforts to identify, locate, and, where appropriate, offer services to both
parents of the child.
(1) If The responsible social services agency shall
assess whether a noncustodial or nonadjudicated parent is willing and
capable of temporarily or permanently providing for the day-to-day care
of the child. An assessment under
this clause may include, but is not limited to, obtaining information under
section 260C.209. If after assessment,
the responsible social services agency determines that a noncustodial or
nonadjudicated parent is willing and capable of providing day-to-day care of
the child, the responsible social services agency may seek authority from
the custodial parent or the court to have that parent assume day-to-day care of
the child. If a parent is not an
adjudicated parent, the responsible social services agency shall require the
nonadjudicated parent to cooperate with paternity establishment procedures as
part of the case plan.
(2) If, after assessment, the responsible social services
agency determines that the child cannot be in the day-to-day care of either
parent, the agency shall:
(i) prepare an out-of-home placement plan addressing the
conditions that each parent must meet before the child can be in that parent's
day-to-day care; and
(ii) provide a parent who is the subject of a background
study under section 260C.209, 15 days' notice that it intends to use the study
to recommend against putting the child with that parent, as well as the notice
provided in section 260C.209, subdivision 4, and the court shall afford the
parent an opportunity to be heard concerning the study.
(3) The results of a background study of a noncustodial
parent must not be used by the agency to determine that the parent is incapable
of providing day-to-day care of the child unless the agency reasonably believes
that placement of the child into the home of that parent would endanger the
child's health, safety, or welfare.
(3) (4) If, after the provision of services
following an out-of-home placement plan under this section, the child cannot
return to the care of the parent from whom the child was removed or who had
legal custody at the time the child was placed in foster care, the agency may
petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.201, subdivision 11. If paternity has not already been established, it may be
established in the same proceeding in the manner provided for under chapter
257.
(4) (5) The responsible
social services agency may be relieved of the requirement to locate and offer
services to both parents by the juvenile court upon a finding of good cause
after the filing of a petition under section 260C.141.
(b) The responsible social services agency shall give notice to
the parent or parents or guardian of each child in a residential facility,
other than a child in placement due solely to that child's developmental
disability or emotional disturbance, of the following information:
(1) that residential care of the child may result in
termination of parental rights or an order permanently placing the child out of
the custody of the parent, but only after notice and a hearing as required
under chapter 260C and the juvenile court rules;
(2) time limits on the length of placement and of reunification
services, including the date on which the child is expected to be returned to
and safely maintained in the home of the parent or parents or placed for
adoption or otherwise permanently removed from the care of the parent by court
order;
(3) the nature of the services available to the parent;
(4) the consequences to the parent and the child if the parent
fails or is unable to use services to correct the circumstances that led to the
child's placement;
(5) the first consideration for placement with relatives;
(6) the benefit to the child in getting the child out of
residential care as soon as possible, preferably by returning the child home,
but if that is not possible, through a permanent legal placement of the child
away from the parent;
(7) when safe for the child, the benefits to the child and the
parent of maintaining visitation with the child as soon as possible in the
course of the case and, in any event, according to the visitation plan under
this section; and
(8) the financial responsibilities and obligations, if any, of
the parent or parents for the support of the child during the period the child
is in the residential facility.
(c) The responsible social services agency shall inform a
parent considering voluntary placement of a child who is not developmentally
disabled or emotionally disturbed of the following information:
(1) the parent and the child each has a right to separate legal
counsel before signing a voluntary placement agreement, but not to counsel
appointed at public expense;
(2) the parent is not required to agree to the voluntary
placement, and a parent who enters a voluntary placement agreement may at any
time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of
the receipt of the request;
(3) evidence gathered during the time the child is voluntarily
placed may be used at a later time as the basis for a petition alleging that
the child is in need of protection or services or as the basis for a petition
seeking termination of parental rights or other permanent placement of the
child away from the parent;
(4) if the responsible social services agency files a petition
alleging that the child is in need of protection or services or a petition
seeking the termination of parental rights or other permanent placement of the
child away from the parent, the parent would have the right to appointment of
separate legal counsel and the child would have a right to the appointment of
counsel and a guardian ad litem as provided by law, and that counsel will be
appointed at public expense if they are unable to afford counsel; and
(5) the timelines and procedures for
review of voluntary placements under subdivision 3, and the effect the time
spent in voluntary placement on the scheduling of a permanent placement
determination hearing under section 260C.201, subdivision 11.
(d) When an agency accepts a child for placement, the agency
shall determine whether the child has had a physical examination by or under
the direction of a licensed physician within the 12 months immediately
preceding the date when the child came into the agency's care. If there is documentation that the child has
had an examination within the last 12 months, the agency is responsible for
seeing that the child has another physical examination within one year of the
documented examination and annually in subsequent years. If the agency determines that the child has
not had a physical examination within the 12 months immediately preceding
placement, the agency shall ensure that the child has an examination within 30
days of coming into the agency's care and once a year in subsequent years.
Sec. 13. Minnesota
Statutes 2004, section 484.65, subdivision 9, is amended to read:
Subd. 9. [REFEREES; REVIEW
APPEAL.] All recommended orders and findings of a referee shall be
subject to confirmation by said district court judge. Review of any recommended order or finding of a referee by the
district court judge may be had by notice served and filed within ten days of
effective notice of such recommended order or finding. The notice of review shall specify the
grounds for such review and the specific provisions of the recommended findings
or orders disputed, and said district court judge, upon receipt of such notice
of review, shall set a time and place for such review hearing. Fourth Judicial District Family Court
referee orders and decrees may be appealed directly to the Court of Appeals in
the same manner as judicial orders and decrees. The time for appealing an appealable referee order runs from
service by any party of written notice of the filing of the confirmed order.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 14. Minnesota
Statutes 2004, section 518.1705, subdivision 7, is amended to read:
Subd. 7. [MOVING THE
CHILD TO ANOTHER STATE.] Parents may agree, but the court must not require,
that in a parenting plan the factors in section 518.17 or 257.025, as
applicable, upon the legal standard that will govern a decision
concerning removal of a child's residence from this state, provided that:
(1) both parents were represented by counsel when the parenting
plan was approved; or
(2) the court found the parents were fully informed, the
agreement was voluntary, and the parents were aware of its implications.
Sec. 15. Minnesota
Statutes 2004, section 518.175, subdivision 3, is amended to read:
Subd. 3. [MOVE TO
ANOTHER STATE.] The parent with whom the child resides shall not move the
residence of the child to another state except upon order of the court or with
the consent of the other parent, if the other parent has been given parenting
time by the decree. If the purpose of
the move is to interfere with parenting time given to the other parent by the
decree, the court shall not permit the child's residence to be moved to another
state.
The court shall apply a best interests standard when
considering the request of the parent with whom the child resides to move the
child's residence to another state. The
factors the court must consider in determining the child's best interests
include, but are not limited to:
(1) the nature, quality, extent of involvement, and duration
of the child's relationship with the person proposing to relocate and with the
nonrelocating person, siblings, and other significant persons in the child's
life;
(2) the age, developmental stage, needs of the child, and
the likely impact the relocation will have on the child's physical,
educational, and emotional development, taking into consideration any special
needs of the child;
(3) the feasibility of preserving the relationship between
the nonrelocating person and the child through suitable parenting time arrangements,
considering the logistics and financial circumstances of the parties;
(4) the child's preference, taking into consideration the
age and maturity of the child;
(5) whether there is an established pattern of conduct of
the person seeking the relocation either to promote or thwart the relationship
of the child and the nonrelocating person;
(6) whether the relocation of the child will enhance the
general quality of life for both the custodial parent seeking the relocation
and the child including, but not limited to, financial or emotional benefit or
educational opportunity;
(7) the reasons of each person for seeking or opposing the
relocation; and
(8) the effect on the safety and welfare of the child, or of
the parent requesting to move the child's residence, of domestic abuse, as
defined in section 518B.01.
The burden of proof is upon the parent requesting to move
the residence of the child to another state, except that if the court finds the
existence of domestic abuse between the parents, the burden of proof is upon
the parent opposing the move. The court
must consider all of the factors in this subdivision in determining the best
interests of the child.
Sec. 16. Minnesota
Statutes 2004, section 518.179, is amended by adding a subdivision to read:
Subd. 1a.
[CUSTODY OF CHILD.] A person convicted of a crime described in
subdivision 2 may not be considered for custody of a child unless the child is
the person's child by birth or adoption.
Sec. 17. Minnesota
Statutes 2004, section 518.18, is amended to read:
518.18 [MODIFICATION OF ORDER.]
(a) Unless agreed to in writing by the parties, no motion to
modify a custody order or parenting plan may be made earlier than one year
after the date of the entry of a decree of dissolution or legal separation
containing a provision dealing with custody, except in accordance with
paragraph (c).
(b) If a motion for modification has been heard, whether or not
it was granted, unless agreed to in writing by the parties no subsequent motion
may be filed within two years after disposition of the prior motion on its
merits, except in accordance with paragraph (c).
(c) The time limitations prescribed in paragraphs (a) and (b)
shall not prohibit a motion to modify a custody order or parenting plan if the
court finds that there is persistent and willful denial or interference with
parenting time, or has reason to believe that the child's present environment
may endanger the child's physical or emotional health or impair the child's
emotional development.
(d) If the court has jurisdiction to determine child custody
matters, the court shall not modify a prior custody order or a parenting plan
provision which specifies the child's primary residence unless it finds, upon
the basis of facts, including unwarranted denial of, or interference with, a
duly established parenting time schedule, that have arisen since the prior order or
that were unknown to the court at the time of the prior order, that a change
has occurred in the circumstances of the child or the parties and that the
modification is necessary to serve the best interests of the child. In applying these standards the court shall
retain the custody arrangement or the parenting plan provision specifying the
child's primary residence that was established by the prior order unless:
(i) the court finds that a change in the custody arrangement or
primary residence is in the best interests of the child and the parties
previously agreed, in a writing approved by a court, to apply the best
interests standard in section 518.17 or 257.025, as applicable; and, with
respect to agreements approved by a court on or after April 28, 2000, both
parties were represented by counsel when the agreement was approved or the
court found the parties were fully informed, the agreement was voluntary, and
the parties were aware of its implications;
(ii) both parties agree to the modification;
(iii) the child has been integrated into the family of the
petitioner with the consent of the other party; or
(iv) the child's present environment endangers the child's
physical or emotional health or impairs the child's emotional development and
the harm likely to be caused by a change of environment is outweighed by the
advantage of a change to the child; or
(v) the court has denied a request of the primary custodial
parent to move the residence of the child to another state, and the primary
custodial parent has relocated to another state despite the court's order.
In addition, a court may modify a custody order or parenting
plan under section 631.52.
(e) In deciding whether to modify a prior joint custody order,
the court shall apply the standards set forth in paragraph (d) unless: (1) the parties agree in writing to the
application of a different standard, or (2) the party seeking the modification
is asking the court for permission to move the residence of the child to
another state.
(f) If a parent has been granted sole physical custody of a
minor and the child subsequently lives with the other parent, and temporary
sole physical custody has been approved by the court or by a court-appointed
referee, the court may suspend the obligor's child support obligation pending
the final custody determination. The
court's order denying the suspension of child support must include a written
explanation of the reasons why continuation of the child support obligation
would be in the best interests of the child.
Sec. 18. Minnesota
Statutes 2004, section 518.191, subdivision 2, is amended to read:
Subd. 2. [REQUIRED
INFORMATION.] A summary real estate disposition judgment must contain the
following information: (1) the full caption and file number of the case and the
title "Summary Real Estate Disposition Judgment"; (2) the dates of
the parties' marriage and of the entry of the judgment and decree of
dissolution; (3) the names of the parties' attorneys or if either or both
appeared pro se; (4) the name of the judge and referee, if any, who signed the
order for judgment and decree; (5) whether the judgment and decree resulted
from a stipulation, a default, or a trial and the appearances at the default or
trial; (6) if the judgment and decree resulted from a stipulation, whether
disposition of the property was stipulated to by legal description; (7) if the
judgment and decree resulted from a default, whether the petition contained the
legal description of the property and disposition was made in accordance with
the request for relief, and service of the summons and petition was made
personally pursuant to section 543.19 or Rules of Civil Procedure, Rule
4.03(a); (8) whether either party changed the party's name through the
judgment and decree; (7) (9) the legal description of each parcel
of real estate; (8) (10) the name or names of the persons awarded
an interest in each parcel of real estate and a description of the interest
awarded; (9) (11) liens, mortgages, encumbrances, or other
interests in the real estate described in the judgment and decree; and (10)
(12) triggering or contingent events set forth in the judgment and
decree affecting the disposition of each parcel of real estate.
Sec. 19. Minnesota
Statutes 2004, section 518.191, subdivision 4, is amended to read:
Subd. 4. [TRANSFER OF
PROPERTY.] The summary real estate disposition judgment operates as a
conveyance and transfer of each interest in the real estate in the manner and
to the extent described in the summary real estate disposition judgment. Recording of a certified copy of the
judgment and decree or summary real estate disposition judgment is sufficient
to transfer title, create a lien, or effect any other disposition ordered in
the judgment, without a deed or other conveyance.
Sec. 20. Minnesota
Statutes 2004, section 518.54, subdivision 4a, is amended to read:
Subd. 4a. [SUPPORT ORDER.]
(a) "Support order" means a judgment, decree, or order,
whether temporary, final, or subject to modification, issued by a court or
administrative agency of competent jurisdiction,:
(1) for the support and maintenance of a child,
including a child who has attained the age of majority under the law of the
issuing state, or;
(2) for a child and the parent with whom the child is
living, that provides for monetary support, child care, medical support
including expenses for confinement and pregnancy, arrearages, or reimbursement,
and that; or
(3) for the maintenance of a spouse.
(b) The support order may include related costs and
fees, interest and penalties, income withholding, and other relief. This definition applies to orders issued
under this chapter and chapters 256, 257, and 518C.
Sec. 21. Minnesota
Statutes 2004, section 518.551, subdivision 1, is amended to read:
Subdivision 1. [SCOPE;
PAYMENT TO PUBLIC AGENCY.] (a) This section applies to all proceedings
involving a support order, including, but not limited to, a support order
establishing an order for past support or reimbursement of public assistance.
(b) The court shall direct that all payments ordered for
maintenance and or support be made to the public agency
responsible for child support enforcement so long as the obligee is receiving
or has applied for public assistance, or has applied for child support and
or maintenance collection services.
Public authorities responsible for child support enforcement may act on
behalf of other public authorities responsible for child support
enforcement. This includes the
authority to represent the legal interests of or execute documents on behalf of
the other public authority in connection with the establishment, enforcement,
and collection of child support, maintenance, or medical support, and
collection on judgments.
(c) Payments made to the public authority other than payments
under section 518.6111 must be credited as of the date the payment is received
by the central collections unit.
(d) Amounts received by the public agency responsible for child
support enforcement greater than the amount granted to the obligee shall be
remitted to the obligee.
Sec. 22. Minnesota
Statutes 2004, section 518.58, subdivision 4, is amended to read:
Subd. 4. [PENSION
PLANS.] (a) The division of marital property that represents pension plan
benefits or rights in the form of future pension plan payments:
(1) is payable only to the extent of the amount of the pension
plan benefit payable under the terms of the plan;
(2) is not payable for a period that exceeds the time that
pension plan benefits are payable to the pension plan benefit recipient;
(3) is not payable in a lump sum amount from defined benefit
pension plan assets attributable in any fashion to a spouse with the status of
an active member, deferred retiree, or benefit recipient of a pension plan;
(4) if the former spouse to whom the payments are to be made
dies prior to the end of the specified payment period with the right to any
remaining payments accruing to an estate or to more than one survivor, is
payable only to a trustee on behalf of the estate or the group of survivors for
subsequent apportionment by the trustee; and
(5) in the case of defined benefit public pension plan
benefits or rights, may not commence until the public plan member submits a
valid application for a public pension plan benefit and the benefit becomes
payable.
(b) The individual retirement account plans established under
chapter 354B may provide in its plan document, if published and made generally
available, for an alternative marital property division or distribution of
individual retirement account plan assets.
If an alternative division or distribution procedure is provided, it
applies in place of paragraph (a), clause (5)."
Delete the title and insert:
"A bill for an act relating to family law; changing
certain requirements and procedures; requiring notification of certain
convictions by custodial parent; changing certain paternity presumptions;
limiting child custody rights of persons with certain convictions; changing
procedures for removing a child's residence from the state; authorizing
Department of Human Services to collect spousal maintenance; amending Minnesota
Statutes 2004, sections 257.55, subdivision
1; 257.57, subdivision 2; 257.62, subdivision 5; 257C.03, subdivision 7;
259.24, subdivisions 1, 2a, 5, 6a; 260C.201, subdivision 11; 260C.212,
subdivision 4; 484.65, subdivision 9; 518.1705, subdivision 7; 518.175, subdivision
3; 518.179, by adding a subdivision; 518.18; 518.191, subdivisions 2, 4;
518.54, subdivision 4a; 518.551, subdivision 1; 518.58, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapters 257; 260C."
With the recommendation that when so amended the bill pass.
The report was adopted.
Gunther from the Committee on Jobs and Economic Opportunity
Policy and Finance to which was referred:
H. F. No. 762, A bill for an act relating
to children; including possible availability of mental health screening in
notice to parents of truant children; amending Minnesota Statutes 2004,
sections 260A.03; 260A.04, subdivisions 2, 3.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Education Finance.
The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 834, A bill for an act relating to education;
granting school districts the authority to offer certain rewards; amending
Minnesota Statutes 2004, section 123B.02, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 9, after "board" insert ",
after formally adopting a policy consistent with this section,"
Page 1, after line 15, insert:
"Sec. 2. [MODEL
POLICY.]
The commissioner of education, after consulting with
representatives of teachers, school administrators, parents, students, student
support service providers, law enforcement officials, community service providers,
and the juvenile justice and district court systems, must develop and make
available upon request to interested school boards a model policy to effect a
reward for information about persons committing crimes against students, school
employees, school volunteers, school board members, or school property,
consistent with section 1.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "requiring the
Department of Education to develop and make available a model policy;"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 949, A bill for an act relating to health; increasing
consumer protection for hearing aid users; amending Minnesota Statutes 2004,
sections 153A.15, subdivision 1; 153A.19, subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Holberg from the Committee on Transportation Finance to which
was referred:
H. F. No. 1153, A bill for an act relating to traffic
regulations; establishing a crosswalk safety education account; appropriating
money; amending Minnesota Statutes 2004, section 169.21, by adding a
subdivision.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Public Safety Policy and Finance.
The report was adopted.
Bradley from the Committee on Health
Policy and Finance to which was referred:
H. F. No. 1161, A bill for an act relating to health;
establishing penalty fees for certain credentialed health occupations; amending
Minnesota Statutes 2004, sections 148.5194, by adding a subdivision; 148.6445,
by adding a subdivision; 148C.12, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 153A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
BOARD
OF SOCIAL WORK
Section 1. [148D.001]
[CITATION.]
This chapter may be cited as the "Minnesota Board of
Social Work Practice Act."
Sec. 2. [148D.005] [PURPOSE.]
The purpose of this chapter is to promote and protect the
public health, safety, and welfare through the licensure and regulation of
persons who practice social work in this state.
Sec. 3. [148D.010]
[DEFINITIONS.]
Subdivision 1.
[SCOPE.] For the purpose of this chapter, the terms in this section
have the meanings given.
Subd. 2.
[APPLICANT.] "Applicant" means a person who submits an
application to the board for a new license, a license renewal, a change in
license, an inactive license, reactivation of a license, or a voluntary
termination.
Subd. 3.
[APPLICATION.] "Application" means an application to the
board for a new license, a license renewal, a change in license, an inactive
license, reactivation of a license, or voluntary termination.
Subd. 4.
[BOARD.] "Board" means the Board of Social Work created
under section 148D.025.
Subd. 5.
[CLIENT.] "Client" means an individual, couple, family,
group, community, or organization that receives or has received social work
services as described in subdivision 9.
Subd. 6.
[CLINICAL PRACTICE.] "Clinical practice" means applying
professional social work knowledge, skills, and values in the differential
diagnosis and treatment of psychosocial function, disability, or impairment, including
addictions and emotional, mental, and behavioral disorders. Treatment includes a plan based on a
differential diagnosis. Treatment may
include, but is not limited to, the provision of psychotherapy to individuals,
couples, families, and groups. Clinical
social workers may also provide the services described in subdivision 9.
Subd. 7.
[INTERN.] "Intern" means a student in field placement
working under the supervision or direction of a social worker.
Subd. 8.
[PERSON-IN-ENVIRONMENT PERSPECTIVE.] "Person-in-environment
perspective" means viewing human behavior, development, and function in
the context of one or more of the following:
the environment, social functioning, mental health, and physical health.
Subd. 9. [PRACTICE OF SOCIAL WORK.] "Practice
of social work" means working to maintain, restore, or improve behavioral,
cognitive, emotional, mental, or social functioning of clients, in a manner
that applies accepted professional social work knowledge, skills, and values,
including the person-in-environment perspective, by providing in person or
through telephone, video conferencing, or electronic means one or more of the
social work services described in clauses (1) to (3). Social work services may address conditions that impair or limit
behavioral, cognitive, emotional, mental, or social functioning. Such conditions include, but are not limited
to, the following: abuse and neglect of
children or vulnerable adults, addictions, developmental disorders,
disabilities, discrimination, illness, injuries, poverty, and trauma. Social work services include:
(1) providing assessment and intervention through direct
contact with clients, developing a plan based on information from an
assessment, and providing services which include, but are not limited to,
assessment, case management, client-centered advocacy, client education,
consultation, counseling, crisis intervention, and referral;
(2) providing for the direct or indirect benefit of clients
through administrative, educational, policy, or research services including,
but not limited to:
(i) advocating for policies, programs, or services to
improve the well-being of clients;
(ii) conducting research related to social work services;
(iii) developing and administering programs which provide
social work services;
(iv) engaging in community organization to address social
problems through planned collective action;
(v) supervising individuals who provide social work services
to clients;
(vi) supervising social workers in order to comply with the
supervised practice requirements specified in sections 148D.100 to 148D.125;
and
(vii) teaching professional social work knowledge, skills,
and values to students; and
(3) engaging in clinical practice.
Subd. 10.
[PROFESSIONAL NAME.] "Professional name" means the name a
licensed social worker uses in making representations of the social worker's
professional status to the public and which has been designated to the board in
writing pursuant to section 148D.090.
Subd. 11. [PROFESSIONAL
SOCIAL WORK KNOWLEDGE, SKILLS, AND VALUES.] "Professional social work
knowledge, skills, and values" means the knowledge, skills, and values
taught in programs accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accreditation body
designated by the board. Professional
social work knowledge, skills, and values include, but are not limited to,
principles of person-in-environment and the values, principles, and standards
described in the Code of Ethics of the National Association of Social Workers.
Subd. 12.
[SEXUAL CONDUCT.] "Sexual conduct" means any physical
contact or conduct that may be reasonably interpreted as sexual, or any oral,
written, electronic, or other communication that suggests engaging in physical
contact or conduct that may be reasonably interpreted as sexual.
Subd. 13.
[SOCIAL WORKER.] "Social worker" means an individual who:
(1) is licensed as a social worker; or
(2) has obtained a social work degree
from a program accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body
designated by the board and engages in the practice of social work.
Subd. 14.
[STUDENT.] "Student" means an individual who is taught
professional social work knowledge, skills, and values in a program that has
been accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body designated
by the board.
Subd. 15.
[SUPERVISEE.] "Supervisee" means an individual provided
evaluation and supervision or direction by a social worker.
Subd. 16.
[SUPERVISION.] "Supervision" means a professional
relationship between a supervisor and a social worker in which the supervisor
provides evaluation and direction of the services provided by the social worker
to promote competent and ethical services to clients through the continuing
development of the social worker's knowledge and application of accepted
professional social work knowledge, skills, and values.
APPLICABILITY
Sec. 4. [148D.015]
[SCOPE.]
This chapter applies to all applicants and licensees, all
persons who use the title social worker, and all persons in or out of this
state who provide social work services to clients who reside in this state
unless there are specific applicable exemptions provided by law.
Sec. 5. [148D.020]
[CHAPTER 214.]
Chapter 214 applies to the Board of Social Work unless
superseded by this chapter.
BOARD
Sec. 6. [148D.025]
[BOARD OF SOCIAL WORK.]
Subdivision 1.
[CREATION.] The Board of Social Work consists of 15 members appointed
by the governor. The members are:
(1) ten social workers licensed pursuant to section
148D.055; and
(2) five public members as defined in section 214.02.
Subd. 2.
[QUALIFICATIONS OF BOARD MEMBERS.] (a) All social worker members must
have engaged in the practice of social work in Minnesota for at least one year
during the ten years preceding their appointments.
(b) Five social worker members must be licensed social
workers. The other five members must be
a licensed graduate social worker, a licensed independent social worker, or a
licensed independent clinical social worker.
(c) Eight social worker members must be engaged at the time
of their appointment in the practice of social work in Minnesota in the
following settings:
(1) one member must be engaged in the practice of social
work in a county agency;
(2) one member must be engaged in the practice of social
work in a state agency;
(3) one member must be engaged in the
practice of social work in an elementary, middle, or secondary school;
(4) one member must be employed in a hospital or nursing
home licensed under chapter 144 or 144A;
(5) two members must be engaged in the practice of social
work in a private agency;
(6) one member must be engaged in the practice of social
work in a clinical social work setting; and
(7) one member must be an educator engaged in regular
teaching duties at a program of social work accredited by the Council on Social
Work Education or a similar accreditation body designated by the board.
(d) At the time of their appointments, at least six members
must reside outside of the seven-county metropolitan area.
(e) At the time of their appointments, at least five members
must be persons with expertise in communities of color.
Subd. 3.
[OFFICERS.] The board must annually elect from its membership a
chair, vice-chair, and secretary-treasurer.
Subd. 4.
[BYLAWS.] The board must adopt bylaws to govern its proceedings.
Subd. 5.
[EXECUTIVE DIRECTOR.] The board must appoint and employ an executive
director who is not a member of the board.
Sec. 7. [148D.030]
[DUTIES OF THE BOARD.]
Subdivision 1.
[DUTIES.] The board must perform the duties necessary to promote and
protect the public health, safety, and welfare through the licensure and
regulation of persons who practice social work in this state. These duties include, but are not limited
to:
(1) establishing the qualifications and procedures for
individuals to be licensed as social workers;
(2) establishing standards of practice for social workers;
(3) holding examinations or contracting with the Association
of Social Work Boards or a similar examination body designated by the board to
hold examinations to assess applicants' qualifications;
(4) issuing licenses to qualified individuals pursuant to
sections 148D.055 and 148D.060;
(5) taking disciplinary, adversarial, corrective, or other
action pursuant to sections 148D.255 to 148D.270 when an individual violates
the requirements of this chapter;
(6) assessing fees pursuant to sections 148D.175 and
148D.180; and
(7) educating social workers and the public on the
requirements of the board.
Subd. 2.
[RULES.] The board may adopt and enforce rules to carry out the
duties specified in subdivision 1.
Sec. 8. [148D.035]
[VARIANCES.]
If the effect of a requirement pursuant to this chapter is
unreasonable, impossible to execute, absurd, or would impose an extreme
hardship on a licensee, the board may grant a variance if the variance is
consistent with promoting and protecting the public health, safety, and
welfare. A variance must not be granted
for core licensing standards such as substantive educational and examination
requirements.
Sec. 9. [148D.040]
[IMMUNITY.]
Board members, board employees, and persons engaged on
behalf of the board are immune from civil liability for any actions,
transactions, or publications in the lawful execution of or relating to their
duties under this chapter.
CONTESTED
CASES
Sec. 10. [148D.045]
[CONTESTED CASE HEARING.]
An applicant or a licensee who is the subject of a
disciplinary or adversarial action by the board pursuant to this chapter may
request a contested case hearing under sections 14.57 to 14.62. An applicant or a licensee who desires to
request a contested case hearing must submit a written request to the board
within 90 days after the date on which the board mailed the notification of the
adverse action, except as otherwise provided in this chapter.
LICENSING
Sec. 11. [148D.050]
[LICENSING; SCOPE OF PRACTICE.]
Subdivision 1.
[REQUIREMENTS.] The practice of social work must comply with the
requirements of subdivision 2, 3, 4, or 5.
Subd. 2.
[LICENSED SOCIAL WORKER.] A licensed social worker may engage in
social work practice except that a licensed social worker must not engage in
clinical practice.
Subd. 3.
[LICENSED GRADUATE SOCIAL WORKER.] A licensed graduate social worker
may engage in social work practice except that a licensed graduate social
worker must not engage in clinical practice except under the supervision of a
licensed independent clinical social worker or an alternate supervisor pursuant
to section 148D.120.
Subd. 4.
[LICENSED INDEPENDENT SOCIAL WORKER.] A licensed independent social
worker may engage in social work practice except that a licensed independent
social worker must not engage in clinical practice except under the supervision
of a licensed independent clinical social worker or an alternate supervisor
pursuant to section 148D.120.
Subd. 5.
[LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] A licensed independent
clinical social worker may engage in social work practice, including clinical
practice.
Sec. 12. [148D.055]
[LICENSE REQUIREMENTS.]
Subdivision 1.
[LICENSE REQUIRED.] (a) In order to practice social work, an
individual must have a social work license under this section or section
148D.060, except when the individual is exempt from licensure pursuant to
section 148D.065.
(b) Individuals who teach professional social work
knowledge, skills, and values to students and who have a social work degree
from a program accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body
designated by the board must have a social work license under this section or
section 148D.060, except when the individual is exempt from licensure pursuant
to section 148D.065.
Subd. 2.
[QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A LICENSED SOCIAL
WORKER.] (a) Except as provided in paragraph (i), to be licensed as a
licensed social worker, an applicant for licensure by examination must provide
evidence satisfactory to the board that the applicant:
(1) has received a baccalaureate degree in social work from
a program accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body
designated by the board;
(2) has passed the bachelors or equivalent examination
administered by the Association of Social Work Boards or a similar examination
body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to subdivision 7, an
examination is not valid if it was taken and passed eight or more years prior
to submitting a completed, signed application form provided by the board. The examination may be taken prior to
completing degree requirements;
(3) has submitted a completed, signed application form
provided by the board, including the applicable application fee specified in
section 148D.180. For applications
submitted electronically, a "signed application" means providing an
attestation as specified by the board;
(4) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background check pursuant to
subdivision 8;
(5) has paid the applicable license fee specified in section
148D.180; and
(6) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections 148D.195 to
148D.240. If the applicant has engaged
in conduct that was or would be in violation of the standards of practice, the
board may take action pursuant to sections 148D.255 to 148D.270.
(b) An application that is not completed and signed, or that
is not accompanied by the correct fee, must be returned to the applicant, along
with any fee submitted, and is void.
(c) A licensee granted a license by the board pursuant to
paragraph (a) must meet the supervised practice requirements specified in
sections 148D.100 to 148D.125. If a
licensee does not meet the supervised practice requirements, the board may take
action pursuant to sections 148D.255 to 148D.270.
(d) By submitting an application for licensure, an applicant
authorizes the board to investigate any information provided or requested in
the application. The board may request
that the applicant provide additional information, verification, or documentation.
(e) Within one year of the time the board receives an
application for licensure, the applicant must meet all the requirements
specified in paragraph (a) and must provide all of the information requested by
the board pursuant to paragraph (d). If
within one year the applicant does not meet all the requirements, or does not
provide all of the information requested, the applicant is considered
ineligible and the application for licensure must be closed.
(f) Except as provided in paragraph (g), an applicant may
not take more than three times the bachelors or equivalent examination
administered by the Association of Social Work Boards, or a similar examination
body designated by the board. An
applicant must receive a passing score on the bachelors or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board in no more than 18 months after the
date the applicant first failed the examination.
(g) Notwithstanding paragraph (f), the board may allow an
applicant to take, for a fourth or subsequent time, the bachelors or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board if the applicant:
(1) meets all requirements specified in paragraphs (a) to
(e) other than passing the bachelors or equivalent examination administered by
the Association of Social Work Boards or a similar examination body designated
by the board;
(2) provides to the board a description of the efforts the
applicant has made to improve the applicant's score and demonstrates to the
board's satisfaction that the efforts are likely to improve the score; and
(3) provides to the board letters of recommendation from two
licensed social workers attesting to the applicant's ability to practice social
work competently and ethically in accordance with professional social work
knowledge, skills, and values.
(h) An individual must not practice social work until the
individual passes the examination and receives a social work license under this
section or section 148D.060. If the
board has reason to believe that an applicant may be practicing social work
without a license, and the applicant has failed the bachelors or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board, the board may notify the applicant's
employer that the applicant is not licensed as a social worker.
(i) An applicant who was born in a foreign country, who has
taken and failed to pass the examination specified in paragraph (a), clause
(2), at least once since January 1, 2000, and for whom English is a second
language, is eligible for licensure as a social worker if the applicant:
(1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1) and (3) to (6), and in paragraphs
(b) to (e) and (h); and
(2) provides to the board letters of recommendation and
experience ratings from two licensed social workers and one professor from the
applicant's social work program who can attest to the applicant's competence.
This paragraph expires
August 1, 2007.
Subd. 3.
[QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A LICENSED GRADUATE
SOCIAL WORKER.] (a) Except as provided in paragraph (i), to be licensed as a
licensed graduate social worker, an applicant for licensure by examination must
provide evidence satisfactory to the board that the applicant:
(1) has received a graduate degree in social work from a
program accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body
designated by the board;
(2) has passed the masters or equivalent examination
administered by the Association of Social Work Boards or a similar examination
body designated by the board. Unless an applicant applies for licensure by
endorsement pursuant to section 148D.055, subdivision 7, an examination is not
valid if it was taken and passed eight or more years prior to submitting a
completed, signed application form provided by the board. The examination may be taken prior to
completing degree requirements;
(3) has submitted a completed, signed application form
provided by the board, including the applicable application fee specified in
section 148D.180. For applications
submitted electronically, a "signed application" means providing an
attestation as specified by the board;
(4) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background check pursuant to
subdivision 8;
(5) has paid the applicable license fee specified in section
148D.180; and
(6) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections 148D.195 to
148D.240. If the applicant has engaged
in conduct that was or would be in violation of the standards of practice, the
board may take action pursuant to sections 148D.255 to 148D.270.
(b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to the applicant,
along with any fee submitted, and is void.
(c) A licensee granted a license by the board pursuant to
paragraph (a) must meet the supervised practice requirements specified in
sections 148D.100 to 148D.125. If a
licensee does not meet the supervised practice requirements, the board may take
action pursuant to sections 148D.255 to 148D.270.
(d) By submitting an application for licensure, an applicant
authorizes the board to investigate any information provided or requested in
the application. The board may request
that the applicant provide additional information, verification, or
documentation.
(e) Within one year of the time the board receives an
application for licensure, the applicant must meet all the requirements
specified in paragraph (a) and must provide all of the information requested by
the board pursuant to paragraph (d). If
within one year the applicant does not meet all the requirements, or does not
provide all of the information requested, the applicant is considered
ineligible and the application for licensure must be closed.
(f) Except as provided in paragraph (g), an applicant may
not take more than three times the masters or equivalent examination
administered by the Association of Social Work Boards or a similar examination
body designated by the board. An
applicant must receive a passing score on the masters or equivalent examination
administered by the Association of Social Work Boards or a similar examination
body designated by the board in no more than 18 months after the date the
applicant first failed the examination.
(g) Notwithstanding paragraph (f), the board may allow an
applicant to take, for a fourth or subsequent time, the masters or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board if the applicant:
(1) meets all requirements specified in paragraphs (a) to
(e) other than passing the masters or equivalent examination administered by
the Association of Social Work boards or a similar examination body designated
by the board;
(2) provides to the board a description of the efforts the
applicant has made to improve the applicant's score and demonstrates to the
board's satisfaction that the efforts are likely to improve the score; and
(3) provides to the board letters of recommendation from
two licensed social workers attesting to the applicant's ability to practice
social work competently and ethically in accordance with professional social
work knowledge, skills, and values.
(h) An individual must not practice social work until the
individual passes the examination and receives a social work license under this
section or section 148D.060. If the
board has reason to believe that an applicant may be practicing social work
without a license, and the applicant has failed the masters or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board, the board may notify the applicant's
employer that the applicant is not licensed as a social worker.
(i) An applicant who was born in a foreign country, who has
taken and failed to pass the examination specified in paragraph (a), clause
(2), at least once since January 1, 2000, and for whom English is a second
language, is eligible for licensure as a social worker if the applicant:
(1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1) and (3) to (6), and in paragraphs
(b) to (e) and (h); and
(2) provides to the board letters of recommendation and
experience ratings from two licensed social workers and one professor from the
applicant's social work program who can attest to the applicant's competence.
This paragraph expires
August 1, 2007.
Subd. 4.
[QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A LICENSED INDEPENDENT
SOCIAL WORKER.] (a) Except as provided in paragraph (i), to be licensed as a
licensed independent social worker, an applicant for licensure by examination
must provide evidence satisfactory to the board that the applicant:
(1) has received a graduate degree in social work from a
program accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body
designated by the board;
(2) has practiced social work as defined in section
148D.010, and has met the supervised practice requirements specified in
sections 148D.100 to 148D.125;
(3) has passed the advanced generalist or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board.
Unless an applicant applies for licensure by endorsement pursuant to
subdivision 7, an examination is not valid if it was taken and passed eight or
more years prior to submitting a completed, signed application form provided by
the board;
(4) has submitted a completed, signed application form
provided by the board, including the applicable application fee specified in
section 148D.180. For applications
submitted electronically, a "signed application" means providing an
attestation as specified by the board;
(5) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background check pursuant to
subdivision 8;
(6) has paid the applicable license fee specified in section
148D.180; and
(7) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections 148D.195 to
148D.240. If the applicant has engaged
in conduct that was or would be in violation of the standards of practice, the
board may take action pursuant to sections 148D.255 to 148D.270.
(b) An application which is not
completed and signed, or which is not accompanied by the correct fee, must be
returned to the applicant, along with any fee submitted, and is void.
(c) A licensed independent social worker who practices
clinical social work must meet the supervised practice requirements specified
in sections 148D.100 to 148D.125. If a
licensee does not meet the supervised practice requirements, the board may take
action pursuant to sections 148D.255 to 148D.270.
(d) By submitting an application for licensure, an applicant
authorizes the board to investigate any information provided or requested in
the application. The board may request
that the applicant provide additional information, verification, or
documentation.
(e) Within one year of the time the board receives an
application for licensure, the applicant must meet all the requirements
specified in paragraph (a) and must provide all of the information requested by
the board pursuant to paragraph (d). If
within one year the applicant does not meet all the requirements, or does not
provide all of the information requested, the applicant is considered
ineligible and the application for licensure must be closed.
(f) Except as provided in paragraph (g), an applicant may
not take more than three times the advanced generalist or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board.
An applicant must receive a passing score on the masters or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board in no more than 18 months after the
first time the applicant failed the examination.
(g) Notwithstanding paragraph (f), the board may allow an
applicant to take, for a fourth or subsequent time, the advanced generalist or
equivalent examination administered by the Association of Social Work Boards or
a similar examination body designated by the board if the applicant:
(1) meets all requirements specified in paragraphs (a) to
(e) other than passing the advanced generalist or equivalent examination
administered by the Association of Social Work Boards or a similar examination
body designated by the board;
(2) provides to the board a description of the efforts the
applicant has made to improve the applicant's score and demonstrates to the
board's satisfaction that the efforts are likely to improve the score; and
(3) provides to the board letters of recommendation from two
licensed social workers attesting to the applicant's ability to practice social
work competently and ethically in accordance with professional social work
knowledge, skills, and values.
(h) An individual must not practice social work until the
individual passes the examination and receives a social work license under this
section or section 148D.060. If the
board has reason to believe that an applicant may be practicing social work
without a license, except as provided in section 148D.065, and the applicant
has failed the advanced generalist or equivalent examination administered by
the Association of Social Work Boards or a similar examination body designated
by the board, the board may notify the applicant's employer that the applicant
is not licensed as a social worker.
(i) An applicant who was born in a foreign country, who has
taken and failed to pass the examination specified in paragraph (a), clause
(3), at least once since January 1, 2000, and for whom English is a second
language, is eligible for licensure as a social worker if the applicant:
(1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1), (2), and (4) to (7), and in
paragraphs (b) to (e) and (h); and
(2) provides to the board letters of
recommendation and experience ratings from two licensed social workers and one
professor from the applicant's social work program who can attest to the
applicant's competence.
This paragraph expires
August 1, 2007.
Subd. 5.
[QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A LICENSED INDEPENDENT
CLINICAL SOCIAL WORKER.] (a) Except as provided in paragraph (h), to be
licensed as a licensed independent clinical social worker, an applicant for
licensure by examination must provide evidence satisfactory to the board that
the applicant:
(1) has received a graduate degree in social work from a
program accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body
designated by the board;
(2) has practiced clinical social work as defined in section
148D.010, including both diagnosis and treatment, and has met the supervised
practice requirements specified in sections 148D.100 to 148D.125;
(3) has passed the clinical or equivalent examination
administered by the Association of Social Work Boards or a similar examination
body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to subdivision 7, an
examination is not valid if it was taken and passed eight or more years prior
to submitting a completed, signed application form provided by the board;
(4) has submitted a completed, signed application form
provided by the board, including the applicable application fee specified in
section 148D.180. For applications
submitted electronically, a "signed application" means providing an
attestation as specified by the board;
(5) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background check pursuant to
subdivision 8;
(6) has paid the license fee specified in section 148D.180;
and
(7) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections 148D.195 to
148D.240. If the applicant has engaged
in conduct that was or would be in violation of the standards of practice, the
board may take action pursuant to sections 148D.255 to 148D.270.
(b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to the applicant,
along with any fee submitted, and is void.
(c) By submitting an application for licensure, an applicant
authorizes the board to investigate any information provided or requested in
the application. The board may request
that the applicant provide additional information, verification, or
documentation.
(d) Within one year of the time the board receives an
application for licensure, the applicant must meet all the requirements
specified in paragraph (a) and must provide all of the information requested by
the board pursuant to paragraph (c). If
within one year the applicant does not meet all the requirements, or does not
provide all of the information requested, the applicant is considered
ineligible and the application for licensure must be closed.
(e) Except as provided in paragraph
(f), an applicant may not take more than three times the clinical or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board.
An applicant must receive a passing score on the clinical or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board no later than 18 months after the
first time the applicant failed the examination.
(f) Notwithstanding paragraph (e), the board may allow an
applicant to take, for a fourth or subsequent time, the clinical or equivalent
examination administered by the Association of Social Work Boards or a similar
examination body designated by the board if the applicant:
(1) meets all requirements specified in paragraphs (a) to
(d) other than passing the clinical or equivalent examination administered by
the Association of Social Work Boards or a similar examination body designated
by the board;
(2) provides to the board a description of the efforts the
applicant has made to improve the applicant's score and demonstrates to the
board's satisfaction that the efforts are likely to improve the score; and
(3) provides to the board letters of recommendation from two
licensed social workers attesting to the applicant's ability to practice social
work competently and ethically in accordance with professional social work
knowledge, skills, and values.
(g) An individual must not practice social work until the
individual passes the examination and receives a social work license under this
section or section 148D.060. If the
board has reason to believe that an applicant may be practicing social work
without a license, and the applicant has failed the clinical or equivalent examination
administered by the Association of Social Work Boards or a similar examination
body designated by the board, the board may notify the applicant's employer
that the applicant is not licensed as a social worker.
(h) An applicant who was born in a foreign country, who has
taken and failed to pass the examination specified in paragraph (a), clause
(3), at least once since January 1, 2000, and for whom English is a second
language, is eligible for licensure as a social worker if the applicant:
(1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1), (2), and (4) to (7), and paragraphs
(b) to (d) and (g); and
(2) provides to the board letters of recommendation and
experience ratings from two licensed social workers and one professor from the
applicant's social work program who can attest to the applicant's competence.
This paragraph expires
August 1, 2007.
Subd. 6.
[DEGREES FROM OUTSIDE THE UNITED STATES OR CANADA.] If an applicant
receives a degree from a program outside the United States or Canada that is
not accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar examination body designated
by the board, the degree does not fulfill the requirements specified in
subdivision 2, paragraph (a), clause (1); 3, paragraph (a), clause (1); 4,
paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council
on Social Work Education or a similar accreditation body designated by the
board has determined through the council's international equivalency
determination service that the degree earned is equivalent to the degree
required.
Subd. 7.
[LICENSURE BY ENDORSEMENT.] (a) An applicant for licensure by
endorsement must hold a current license or credential to practice social work
in another jurisdiction.
(b) An applicant for licensure by
endorsement who meets the qualifications of paragraph (a) and who demonstrates
to the satisfaction of the board that the applicant passed the examination
administered by the Association of Social Work Boards or a similar examination
body designated by the board for the applicable license in Minnesota is not
required to retake the licensing examination.
(c) An application for licensure by endorsement must meet
the applicable license requirements specified in subdivisions 1 to 6 and submit
the licensure by endorsement application fee specified in section 148D.180.
Subd. 8.
[CRIMINAL BACKGROUND CHECKS.] (a) Except as provided in paragraph
(b), an initial license application must be accompanied by:
(1) a form provided by the board authorizing the board to
complete a criminal background check; and
(2) the criminal background check fee specified by the
Bureau of Criminal Apprehension.
Criminal background check fees collected by the board must
be used to reimburse the Bureau of Criminal Apprehension for the criminal
background checks.
(b) An applicant who has previously submitted a license
application authorizing the board to complete a criminal background check is
exempt from the requirement specified in paragraph (a).
(c) If a criminal background check indicates that an
applicant has engaged in criminal behavior, the board may take action pursuant
to sections 148D.255 to 148D.270.
Subd. 9.
[EFFECTIVE DATE.] The effective date of an initial license is the day
on which the board receives the applicable license fee from an applicant
approved for licensure.
Subd. 10.
[EXPIRATION DATE.] The expiration date of an initial license is the
last day of the licensee's birth month in the second calendar year following
the effective date of the initial license.
Subd. 11.
[CHANGE IN LICENSE.] (a) A licensee who changes from a licensed
social worker to a licensed graduate social worker, or from a licensed graduate
social worker to a licensed independent social worker, or from a licensed
graduate social worker or licensed independent social worker to a licensed
independent clinical social worker, must pay the prorated share of the fee for the
new license.
(b) The effective date of the new license is the day on
which the board receives the applicable license fee from an applicant approved
for the new license.
(c) The expiration date of the new license is the same date
as the expiration date of the license held by the licensee prior to the change
in the license.
Sec. 13. [148D.060]
[TEMPORARY LICENSES.]
Subdivision 1.
[STUDENTS AND OTHER PERSONS NOT CURRENTLY LICENSED IN ANOTHER
JURISDICTION.] The board may issue a temporary license to practice social
work to an applicant who is not licensed or credentialed to practice social
work in any jurisdiction but has:
(1) applied for a license under section 148D.055;
(2) applied for a temporary license on a form provided by
the board;
(3) submitted a form provided by the
board authorizing the board to complete a criminal background check;
(4) passed the applicable licensure examination provided for
in section 148D.055;
(5) attested on a form provided by the board that the applicant
has completed the requirements for a baccalaureate or graduate degree in social
work from a program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accreditation body
designated by the board; and
(6) not engaged in conduct that was or would be in violation
of the standards of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in conduct that
was or would be in violation of the standards of practice, the board may take
action pursuant to sections 148D.255 to 148D.270.
Subd. 2.
[EMERGENCY SITUATIONS AND PERSONS CURRENTLY LICENSED IN ANOTHER
JURISDICTION.] The board may issue a temporary license to practice social
work to an applicant who is licensed or credentialed to practice social work in
another jurisdiction, may or may not have applied for a license under section
148D.055, and has:
(1) applied for a temporary license on a form provided by
the board;
(2) submitted a form provided by the board authorizing the
board to complete a criminal background check;
(3) submitted evidence satisfactory to the board that the
applicant is currently licensed or credentialed to practice social work in
another jurisdiction;
(4) attested on a form provided by the board that the
applicant has completed the requirements for a baccalaureate or graduate degree
in social work from a program accredited by the Council on Social Work
Education, the Canadian Association of Schools of Social Work, or a similar accreditation
body designated by the board; and
(5) not engaged in conduct that was or would be in violation
of the standards of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in conduct that
was or would be in violation of the standards of practice, the board may take
action pursuant to sections 148D.255 to 148D.270.
Subd. 3.
[TEACHERS.] The board may issue a temporary license to practice
social work to an applicant whose permanent residence is outside the United
States, who is teaching social work at an academic institution in Minnesota for
a period not to exceed 12 months, who may or may not have applied for a license
under section 148D.055, and who has:
(1) applied for a temporary license on a form provided by
the board;
(2) submitted a form provided by the board authorizing the
board to complete a criminal background check;
(3) attested on a form provided by the board that the
applicant has completed the requirements for a baccalaureate or graduate degree
in social work; and
(4) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections 148D.195 to
148D.240. If the applicant has engaged
in conduct that was or would be in violation of the standards of practice, the
board may take action pursuant to sections 148D.255 to 148D.270.
Subd. 4.
[TEMPORARY LICENSE APPLICATION FEE.] An applicant for a temporary
license must pay the application fee described in section 148D.180 plus the
required fee for the cost of the criminal background check. Only one fee for the cost of the criminal
background check must be submitted when the applicant is applying for both a
temporary license and a license under section 148D.055.
Subd. 5.
[TEMPORARY LICENSE TERM.] (a) A temporary license is valid until
expiration, or until the board issues or denies the license pursuant to section
148D.055, or until the board revokes the temporary license, whichever comes
first. A temporary license is
nonrenewable.
(b) A temporary license issued pursuant to subdivision 1 or
2 expires after six months.
(c) A temporary license issued pursuant to subdivision 3
expires after 12 months.
Subd. 6.
[LICENSEE WITH A TEMPORARY LICENSE WHO HAS COMPLETED REQUIREMENTS FOR A
BACCALAUREATE DEGREE.] A licensee with a temporary license who has provided
evidence to the board that the licensee has completed the requirements for a
baccalaureate degree in social work from a program accredited by the Council on
Social Work Education, the Canadian Association of Schools of Social Work, or a
similar accreditation body designated by the board may temporarily engage in
social work practice except that a licensee with a temporary license may not
engage in clinical social work practice.
Subd. 7.
[LICENSEE WITH A TEMPORARY LICENSE WHO HAS COMPLETED REQUIREMENTS FOR A
GRADUATE DEGREE.] A licensee with a temporary license who has provided
evidence to the board that the licensee has completed the requirements for a
graduate degree in social work from a program accredited by the Council on
Social Work Education, the Canadian Association of Schools of Social Work, or a
similar accreditation body designated by the board may temporarily engage in
social work practice, including clinical practice.
Subd. 8. [SUPERVISION
REQUIREMENTS.] (a) Except as provided in paragraph (b), an applicant who is
not currently licensed or credentialed to practice social work in another
jurisdiction and who obtains a temporary license may practice social work only
under the supervision of an individual licensed as a social worker who is
eligible to provide supervision under sections 148D.100 to 148D.125. Before the applicant is approved for
licensure, the applicant's supervisor must attest to the board's satisfaction
that the applicant has practiced social work under supervision. This supervision applies toward the
supervision required after licensure.
(b) If an applicant is currently licensed or credentialed to
practice social work in another jurisdiction, and receives a temporary license
pursuant to subdivision 3, the requirements specified in paragraph (a) do not
apply. However, if an applicant with a
temporary license chooses to practice social work under supervision, the
supervision applies to the requirements specified in sections 148D.100 to
148D.125.
Subd. 9.
[PROHIBITION ON PRACTICE.] An applicant for a temporary license must
not practice social work in Minnesota, except as provided in section 148D.065,
until the applicant has been granted a temporary license.
Subd. 10.
[REPRESENTATION OF PROFESSIONAL STATUS.] In making representations of
professional status to the public, a licensee with a temporary license must
state that the licensee has a temporary license.
Subd. 11.
[STANDARDS OF PRACTICE.] A licensee with a temporary license must
conduct all professional activities as a social worker in accordance with the
requirements of sections 148D.195 to 148D.240.
Subd. 12.
[INELIGIBILITY.] An applicant who is currently practicing social work
in Minnesota in a setting that is not exempt under section 148D.065 at the time
of application is ineligible for a temporary license.
Subd. 13.
[REVOCATION OF TEMPORARY LICENSE.] The board may immediately revoke
the temporary license of any licensee who violates any requirements of this
section. The revocation must be made
for cause, without notice or opportunity to be heard. A licensee whose temporary license is revoked must immediately
return the temporary license to the board.
Sec. 14. [148D.065]
[EXEMPTIONS.]
Subdivision 1.
[OTHER PROFESSIONALS.] Nothing in this chapter may be construed to
prevent members of other professions or occupations from performing functions
for which they are qualified or licensed.
This exception includes but is not limited to: licensed physicians, registered nurses, licensed practical
nurses, licensed psychologists, psychological practitioners, probation
officers, members of the clergy and Christian Science practitioners, attorneys,
marriage and family therapists, alcohol and drug counselors, professional
counselors, school counselors, and registered occupational therapists or
certified occupational therapist assistants.
These persons must not, however, hold themselves out to the public by
any title or description stating or implying that they are engaged in the
practice of social work, or that they are licensed to engage in the practice of
social work. Persons engaged in the
practice of social work are not exempt from the board's jurisdiction solely by
the use of one of the titles in this subdivision.
Subd. 2.
[STUDENTS.] An internship, externship, or any other social work
experience that is required for the completion of an accredited program of
social work does not constitute the practice of social work under this chapter.
Subd. 3.
[GEOGRAPHIC WAIVER.] A geographic waiver may be granted by the board
on a case-by-case basis to agencies with special regional hiring problems. The waiver is for the purpose of permitting
agencies to hire individuals who do not meet the qualifications of section
148D.055 or 148D.060 to practice social work.
Subd. 4. [CITY,
COUNTY, AND STATE AGENCY SOCIAL WORKERS.] The licensure of city, county, and
state agency social workers is voluntary.
City, county, and state agencies employing social workers are not
required to employ licensed social workers.
Subd. 5.
[FEDERALLY RECOGNIZED TRIBES AND PRIVATE NONPROFIT AGENCIES WITH A
MINORITY FOCUS.] The licensure of social workers who are employed by
federally recognized tribes, or by private nonprofit agencies whose primary
service focus addresses ethnic minority populations, and who are themselves
members of ethnic minority populations within those agencies, is voluntary.
Sec. 15. [148D.070]
[LICENSE RENEWALS.]
Subdivision 1.
[LICENSE RENEWAL TERM.] (a) If a license is renewed, the license must
be renewed for a two-year renewal term.
The renewal term is the period from the effective date of an initial or
renewed license to the expiration date of the license.
(b) The effective date of a renewed license is the day
following the expiration date of the expired license.
(c) The expiration date of a renewed license is the last day
of the licensee's birth month in the second calendar year following the
effective date of the renewed license.
Subd. 2.
[MAILING LICENSE RENEWAL NOTICES.] The board must mail a notice for
license renewal to a licensee at least 45 days before the expiration date of
the license. Mailing the notice by
United States mail to the licensee's last known mailing address constitutes
valid mailing. Failure to receive the
renewal notice does not relieve a licensee of the obligation to renew a license
and to pay the renewal fee.
Subd. 3.
[SUBMITTING LICENSE RENEWAL APPLICATIONS.] (a) In order to renew a
license, a licensee must submit:
(1) a completed, signed application for license renewal; and
(2) the applicable renewal fee specified in section
148D.180.
The completed, signed
application and renewal fee must be received by the board prior to midnight of
the day of the license expiration date.
For renewals submitted electronically, a "signed application"
means providing an attestation as specified by the board.
(b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to the applicant,
along with any fee submitted, and is void.
(c) The completed, signed application must include
documentation that the licensee has met the continuing education requirements
specified in sections 148D.130 to 148D.170 and, if applicable, the supervised
practice requirements specified in sections 148D.100 to 148D.125.
(d) By submitting a renewal application, an applicant
authorizes the board to:
(1) investigate any information provided or requested in the
application. The board may request that
the applicant provide additional information, verification, or documentation;
(2) conduct an audit to determine if the applicant has met
the continuing education requirements specified in sections 148D.130 to
148D.170; and
(3) if applicable, conduct an audit to determine whether the
applicant has met the supervision requirements specified in sections 148D.100
to 148D.125.
(e) If a licensee's application for license renewal meets
the requirements specified in paragraph (a), the licensee may continue to
practice after the license expiration date until the board approves or denies
the application.
Subd. 4.
[RENEWAL LATE FEE.] An application that is received after the license
expiration date must be accompanied by the renewal late fee specified in
section 148D.180 in addition to the applicable renewal fee. The application, renewal fee, and renewal
late fee must be received by the board within 60 days of the license expiration
date, or the license automatically expires.
Subd. 5.
[EXPIRED LICENSE.] (a) If an application does not meet the
requirements specified in subdivisions 3 and 4, the license automatically
expires. A licensee whose license has
expired may reactivate a license by meeting the requirements in section 148D.080
or be relicensed by meeting the requirements specified in section 148D.055.
(b) The board may take action pursuant to sections 148D.255
to 148D.270 based on a licensee's conduct before the expiration of the license.
(c) An expired license may be reactivated within one year of
the expiration date specified in section 148D.080. After one year of the expiration date, an individual may apply
for a new license pursuant to section 148D.055.
Sec. 16. [148D.075]
[INACTIVE LICENSES.]
Subdivision 1.
[INACTIVE STATUS.] (a) A licensee qualifies for inactive status under
either of the circumstances described in paragraph (b) or (c).
(b) A licensee qualifies for inactive status when the
licensee is granted temporary leave from active practice. A licensee qualifies for temporary leave
from active practice if the licensee demonstrates to the satisfaction of the
board that the licensee is not engaged in the practice of social work in any
setting, including settings in which social workers are exempt from licensure
pursuant to section 148D.065. A
licensee who is granted temporary leave from active practice may reactivate the
license pursuant to section 148D.080.
(c) A licensee qualifies for inactive status when a licensee
is granted an emeritus license. A
licensee qualifies for an emeritus license if the licensee demonstrates to the
satisfaction of the board that:
(i) the licensee is retired from social work practice; and
(ii) the licensee is not engaged in the practice of social
work in any setting, including settings in which social workers are exempt from
licensure pursuant to section 148D.065.
A licensee who possesses an
emeritus license may reactivate the license pursuant to section 148D.080.
Subd. 2.
[APPLICATION.] A licensee may apply for inactive status:
(1) at any time by submitting an
application for a temporary leave from active practice or for an emeritus
license; or
(2) as an alternative to applying for the renewal of a
license by so recording on the application for license renewal and submitting
the completed, signed application to the board.
An application that is not completed or signed, or that is
not accompanied by the correct fee, must be returned to the applicant, along
with any fee submitted, and is void. For
applications submitted electronically, a "signed application" means
providing an attestation as specified by the board.
Subd. 3. [FEE.] (a)
Regardless of when the application for inactive status is submitted, the
temporary leave or emeritus license fee specified in section 148D.180,
whichever is applicable, must accompany the application. A licensee who is approved for inactive
status before the license expiration date is not entitled to receive a refund
for any portion of the license or renewal fee.
(b) If an application for temporary leave is received after
the license expiration date, the licensee must pay a renewal late fee as
specified in section 148D.180 in addition to the temporary leave fee.
Subd. 4. [TIME
LIMITS FOR TEMPORARY LEAVES.] A licensee may maintain an inactive license on
temporary leave for no more than five consecutive years. If a licensee does not apply for
reactivation within 60 days following the end of the consecutive five-year period,
the license automatically expires.
Subd. 5. [TIME
LIMITS FOR AN EMERITUS LICENSE.] A licensee with an emeritus license may not
apply for reactivation pursuant to section 148D.080 after five years following
the granting of the emeritus license.
However, after five years following the granting of the emeritus
license, an individual may apply for new licensure pursuant to section
148D.055.
Subd. 6.
[PROHIBITION ON PRACTICE.] (a) Except as provided in paragraph (b), a
licensee whose license is inactive must not practice, attempt to practice,
offer to practice, or advertise or hold out as authorized to practice social
work.
(b) The board may grant a variance to the requirements of
paragraph (a) if a licensee on inactive status provides emergency social work
services. A variance is granted only if
the board provides the variance in writing to the licensee. The board may impose conditions or
restrictions on the variance.
Subd. 7. [REPRESENTATIONS OF PROFESSIONAL STATUS.] In
making representations of professional status to the public, a licensee whose
license is inactive must state that the license is inactive and that the
licensee cannot practice social work.
Subd. 8.
[DISCIPLINARY OR OTHER ACTION.] The board may resolve any pending
complaints against a licensee before approving an application for inactive
status. The board may take action
pursuant to sections 148D.255 to 148D.270 against a licensee whose license is
inactive based on conduct occurring before the license is inactive or conduct
occurring while the license is inactive.
Sec. 17. [148D.080]
[REACTIVATIONS.]
Subdivision 1.
[MAILING NOTICES TO LICENSEES ON TEMPORARY LEAVE.] The board must
mail a notice for reactivation to a licensee on temporary leave at least 45
days before the expiration date of the license pursuant to section 148D.075,
subdivision 4. Mailing the notice by
United States mail to the licensee's last known mailing address constitutes
valid mailing. Failure to receive the
reactivation notice does not relieve a licensee of the obligation to comply with
the provisions of this section to reactivate a license.
Subd. 2.
[REACTIVATION FROM A TEMPORARY LEAVE OR EMERITUS STATUS.] To
reactivate a license from a temporary leave or emeritus status, a licensee must
do the following within the time period specified in section 148D.075,
subdivisions 4 and 5:
(1) complete an application form specified by the board;
(2) document compliance with the continuing education
requirements specified in subdivision 4;
(3) submit a supervision plan, if required;
(4) pay the reactivation of an inactive licensee fee
specified in section 148D.180; and
(5) pay the wall certificate fee in accordance with section
148D.095, subdivision 1, paragraph (b) or (c), if the licensee needs a
duplicate license.
Subd. 3. [REACTIVATION OF AN EXPIRED LICENSE.] To reactivate an expired
license, a licensee must do the following within one year of the expiration
date:
(1) complete an application form specified by the board;
(2) document compliance with the continuing education
requirements that were in effect at the time the license expired;
(3) document compliance with the supervision requirements,
if applicable, that were in effect at the time the license expired; and
(4) pay the reactivation of an expired license fee specified
in section 148D.180.
Subd. 4.
[CONTINUING EDUCATION REQUIREMENTS.] (a) A licensee who is on
temporary leave or who has an emeritus license must obtain the continuing
education hours that would be required if the license was active. At the time of reactivation, the licensee
must document compliance with the continuing education requirements specified
in sections 148D.130 to 148D.170.
(b) A licensee applying for
reactivation pursuant to subdivision 2 or 3 may apply for a variance to the continuing
education requirements pursuant to sections 148D.130 to 148D.170.
Subd. 5.
[REACTIVATION OF A VOLUNTARILY TERMINATED LICENSE.] To reactivate a
voluntarily terminated license, a licensee must do the following within one
year of the date the voluntary termination takes effect:
(1) complete an application form specified by the board;
(2) document compliance with the continued education
requirements that were in effect at the time the license was voluntarily
terminated;
(3) document compliance with the supervision requirements,
if applicable, that were in effect at the time the license was voluntarily
terminated; and
(4) pay the reactivation of an expired or voluntarily
terminated license fee specified in section 148D.180.
Sec. 18. [148D.085]
[VOLUNTARY TERMINATIONS.]
Subdivision 1.
[REQUESTS FOR VOLUNTARY TERMINATION.] (a) A licensee may request
voluntary termination of a license if the licensee demonstrates to the
satisfaction of the board that the licensee is not engaged in the practice of
social work in any setting except settings in which social workers are exempt
from licensure pursuant to section 148D.065.
(b) A licensee may apply for voluntary termination:
(1) at any time by submitting an application; or
(2) as an alternative to applying for the renewal of a
license by so recording on the application for license renewal and submitting
the completed, signed application to the board.
For applications submitted
electronically, a "signed application" means providing an attestation
as specified by the board. An
application that is not completed and signed must be returned to the applicant
and is void.
(c) The board may resolve any pending complaints against a
licensee before approving a request for voluntary termination.
Subd. 2.
[APPLICATION FOR NEW LICENSURE.] A licensee who has voluntarily
terminated a license may not reactivate the license after one year following
the date the voluntary termination takes effect. However, a licensee who has voluntarily terminated a license may
apply for a new license pursuant to section 148D.055.
Subd. 3.
[PROHIBITION ON PRACTICE.] A licensee who has voluntarily terminated
a license must not practice, attempt to practice, offer to practice, or
advertise or hold out as authorized to practice social work, except when the
individual is exempt from licensure pursuant to section 148D.065.
Subd. 4.
[DISCIPLINARY OR OTHER ACTION.] The board may take action pursuant to
sections 148D.255 to 148D.270 against a licensee whose license has been
terminated based on conduct occurring before the license is terminated or for
practicing social work without a license.
Sec. 19. [148D.090] [NAME; CHANGE OF NAME OR ADDRESS.]
Subdivision 1.
[NAME.] A licensee must use the licensee's legal name or a
professional name. If the licensee uses
a professional name, the licensee must inform the board in writing of both the
licensee's professional name and legal name and must comply with the
requirements of this section.
Subd. 2. [LEGAL
NAME CHANGE.] Within 30 days after changing the licensee's legal name, a
licensee must:
(1) request a new license wall certificate;
(2) provide legal verification of the name change; and
(3) pay the license wall certificate fee specified in
section 148D.180.
Subd. 3.
[PROFESSIONAL NAME CHANGE.] Within 30 days after changing the
licensee's professional name, a licensee must:
(1) request a new license wall certificate;
(2) provide a notarized statement attesting to the name
change; and
(3) pay the license wall certificate fee specified in
section 148D.180.
Subd. 4.
[ADDRESS OR TELEPHONE CHANGE.] When a licensee changes a mailing
address, home address, work address, e-mail address, or daytime public
telephone number, the licensee must notify the board of the change
electronically or in writing no more than 30 days after the date of the change.
Sec. 20. [148D.095]
[LICENSE CERTIFICATE OR CARD.]
Subdivision 1.
[LICENSE WALL CERTIFICATE.] (a) The board must issue a new license
wall certificate when the board issues a new license. No fee in addition to the applicable license fee specified in
section 148D.180 is required.
(b) The board must replace a license wall certificate when:
(1) a licensee submits an affidavit to the board that the
original license wall certificate was lost, stolen, or destroyed; and
(2) the licensee submits the license wall certificate fee
specified in section 148D.180.
(c) The board must issue a revised license wall certificate
when:
(1) a licensee requests a revised license wall certificate
pursuant to section 148D.095; and
(2) submits the license wall certificate fee specified in
section 148D.180.
(d) The board must issue an additional license wall
certificate when:
(1) a licensee submits a written
request for a new certificate because the licensee practices in more than one
location; and
(2) the licensee submits the license wall certificate fee
specified in section 148D.180.
Subd. 2.
[LICENSE CARD.] (a) The board must issue a new license card when the
board issues a new license. No fee in
addition to the applicable license fee specified in section 148D.180 is
required.
(b) The board must replace a license card when a licensee
submits:
(1) an affidavit to the board that the original license card
was lost, stolen, or destroyed; and
(2) the license card fee specified in section 148D.180.
(c) The board must issue a revised license card when the
licensee submits a written request for a new license wall certificate because
of a new professional or legal name pursuant to section 148D.090, subdivision 2
or 3. No fee in addition to the one
specified in subdivision 1, paragraph (b), is required.
SUPERVISED
PRACTICE
Sec. 21. [148D.100]
[LICENSED SOCIAL WORKERS; SUPERVISED PRACTICE.]
Subdivision 1.
[SUPERVISION REQUIRED AFTER LICENSURE.] After receiving a license
from the board as a licensed social worker, the licensed social worker must
obtain at least 75 hours of supervision in accordance with the requirements of
this section.
Subd. 2.
[PRACTICE REQUIREMENTS.] The supervision required by subdivision 1
must be obtained during the first 4,000 hours of postbaccalaureate social work
practice authorized by law. At least
three hours of supervision must be obtained during every 160 hours of practice.
Subd. 3. [TYPES
OF SUPERVISION.] (a) Thirty-seven and one-half hours of the supervision
required by subdivision 1 must consist of one-on-one in-person supervision.
(b) Thirty-seven and one-half hours must consist of one or
more of the following types of supervision, subject to the limitation in clause
(3):
(1) one-on-one in-person supervision;
(2) in-person group supervision; or
(3) electronic supervision such as by telephone or video
conferencing, provided that electronic supervision must not exceed 25 hours.
(c) To qualify as in-person group supervision, the group
must not exceed seven members including the supervisor.
Subd. 4.
[SUPERVISOR REQUIREMENTS.] The supervision required by subdivision 1
must be provided by a supervisor who:
(1) is a licensed social worker who has completed the
supervised practice requirements;
(2) is a licensed graduate social
worker, licensed independent social worker, or licensed independent clinical
social worker; or
(3) meets the requirements specified in section 148D.120,
subdivision 2.
Subd. 5.
[SUPERVISEE REQUIREMENTS.] The supervisee must:
(1) to the satisfaction of the supervisor, practice
competently and ethically in accordance with professional social work knowledge,
skills, and values;
(2) receive supervision in the following content areas:
(i) development of professional values and responsibilities;
(ii) practice skills;
(iii) authorized scope of practice;
(iv) ensuring continuing competence; and
(v) ethical standards of practice;
(3) submit a supervision plan in accordance with section
148D.125, subdivision 1; and
(4) if the board audits the supervisee's supervised
practice, submit verification of supervised practice in accordance with section
148D.125, subdivision 3.
Subd. 6. [AFTER
COMPLETION OF SUPERVISION REQUIREMENTS.] A licensed social worker who
fulfills the supervision requirements specified in subdivisions 1 to 5 is not
required to be supervised after completion of the supervision requirements.
Subd. 7.
[ATTESTATION.] The social worker and the social worker's supervisor
must attest that the supervisee has met or has made progress on meeting the
applicable supervision requirements in accordance with section 148D.125, subdivision
2.
Sec. 22. [148D.105]
[LICENSED GRADUATE SOCIAL WORKERS; SUPERVISED PRACTICE.]
Subdivision 1.
[SUPERVISION REQUIRED AFTER LICENSURE.] After receiving a license
from the board as a licensed graduate social worker, a licensed graduate social
worker must obtain at least 75 hours of supervision in accordance with the
requirements of this section.
Subd. 2.
[PRACTICE REQUIREMENTS.] The supervision required by subdivision 1
must be obtained during the first 4,000 hours of postgraduate social work
practice authorized by law. At least
three hours of supervision must be obtained during every 160 hours of practice.
Subd. 3. [TYPES
OF SUPERVISION.] (a) Thirty-seven and one-half hours of the supervision
required by subdivision 1 must consist of one-on-one in-person supervision.
(b) Thirty-seven and one-half hours must consist of one or
more of the following types of supervision, subject to the limitation in clause
(3):
(1) one-on-one in-person supervision;
(2) in-person group supervision; or
(3) electronic supervision such as by telephone or video
conferencing, provided that electronic supervision must not exceed 25 hours.
(c) To qualify as in-person group supervision, the group
must not exceed seven members including the supervisor.
Subd. 4.
[SUPERVISOR REQUIREMENTS.] The supervision required by subdivision 1
must be provided by a supervisor who meets the requirements specified in
section 148D.120. The supervision must
be provided:
(1) if the supervisee is not engaged in clinical practice,
by a (i) licensed independent social worker, (ii) licensed graduate social
worker who has completed the supervised practice requirements, or (iii)
licensed independent clinical social worker;
(2) if the supervisee is engaged in clinical practice, by a
licensed independent clinical social worker; or
(3) by a supervisor who meets the requirements specified in
section 148D.120, subdivision 2.
Subd. 5.
[SUPERVISEE REQUIREMENTS.] The supervisee must:
(1) to the satisfaction of the supervisor, practice
competently and ethically in accordance with professional social work
knowledge, skills, and values;
(2) receive supervision in the following content areas:
(i) development of professional values and responsibilities;
(ii) practice skills;
(iii) authorized scope of practice;
(iv) ensuring continuing competence; and
(v) ethical standards of practice;
(3) submit a supervision plan in accordance with section
148D.125, subdivision 1; and
(4) verify supervised practice in accordance with section
148D.125, subdivision 3, if:
(i) the board audits the supervisee's supervised practice;
or
(ii) a licensed graduate social worker applies for a
licensed independent social worker or licensed independent clinical social worker
license.
Subd. 6.
[LICENSED GRADUATE SOCIAL WORKERS WHO PRACTICE CLINICAL SOCIAL WORK.] (a)
A licensed graduate social worker must not engage in clinical social work
practice except under supervision by a licensed independent clinical social
worker or an alternate supervisor designated pursuant to section 148D.120,
subdivision 2.
(b) Except as provided in paragraph (c), a licensed graduate
social worker must not engage in clinical social work practice under
supervision for more than 8,000 hours. In
order to practice clinical social work for more than 8,000 hours, a licensed
graduate social worker must obtain a licensed independent clinical social
worker license.
(c) Notwithstanding the requirements of paragraph (b), the
board may grant a licensed graduate social worker permission to engage in
clinical social work practice for more than 8,000 hours if the licensed
graduate social worker petitions the board and demonstrates to the board's
satisfaction that for reasons of personal hardship the licensed graduate social
worker should be granted an extension to continue practicing clinical social
work under supervision for up to an additional 2,000 hours.
(d) Upon completion of 4,000 hours of clinical social work
practice and 75 hours of supervision in accordance with the requirements of
this section, a licensed graduate social worker is eligible to apply for a
licensed independent clinical social worker license pursuant to section
148D.115, subdivision 1.
Subd. 7.
[LICENSED GRADUATE SOCIAL WORKERS WHO DO NOT PRACTICE CLINICAL SOCIAL
WORK.] A licensed graduate social worker who fulfills the supervision
requirements specified in subdivisions 1 to 5, and who does not practice
clinical social work, is not required to be supervised after completion of the
supervision requirements.
Subd. 8.
[ATTESTATION.] A social worker and the social worker's supervisor
must attest that the supervisee has met or has made progress on meeting the
applicable supervision requirements in accordance with section 148D.125,
subdivision 2.
Sec. 23. [148D.110]
[LICENSED INDEPENDENT SOCIAL WORKERS; SUPERVISED PRACTICE.]
Subdivision 1.
[SUPERVISION REQUIRED BEFORE LICENSURE.] Before becoming licensed as
a licensed independent social worker, a person must have obtained at least 75
hours of supervision during 4,000 hours of postgraduate social work practice
authorized by law in accordance with the requirements of section 148D.105,
subdivisions 3, 4, and 5. At least
three hours of supervision must be obtained during every 160 hours of practice.
Subd. 2.
[LICENSED INDEPENDENT SOCIAL WORKERS WHO PRACTICE CLINICAL SOCIAL WORK
AFTER LICENSURE.] (a) After licensure, a licensed independent social worker
must not engage in clinical social work practice except under supervision by a
licensed independent clinical social worker or an alternate supervisor
designated pursuant to section 148D.120, subdivision 2.
(b) Except as provided in paragraph (c), a licensed
independent social worker must not engage in clinical social work practice
under supervision for more than 8,000 hours.
In order to practice clinical social work for more than 8,000 hours, a
licensed independent social worker must obtain a licensed independent clinical
social worker license.
(c) Notwithstanding the requirements of paragraph (b), the
board may grant a licensed independent social worker permission to engage in
clinical social work practice for more than 8,000 hours if the licensed
independent social worker petitions the board and demonstrates to the board's
satisfaction that for reasons of personal hardship the licensed independent
social worker should be granted an extension to continue practicing clinical
social work under supervision for up to an additional 2,000 hours.
Subd. 3.
[LICENSED INDEPENDENT SOCIAL WORKERS WHO DO NOT PRACTICE CLINICAL SOCIAL
WORK AFTER LICENSURE.] After licensure, a licensed independent social worker
is not required to be supervised if the licensed independent social worker does
not practice clinical social work.
Sec. 24. [148D.115]
[LICENSED INDEPENDENT CLINICAL SOCIAL WORKERS; SUPERVISED PRACTICE.]
Subdivision 1.
[SUPERVISION REQUIRED BEFORE LICENSURE.] Before becoming licensed as
a licensed independent clinical social worker, a person must have obtained at
least 75 hours of supervision during 4,000 hours of postgraduate clinical
practice authorized by law in accordance with the requirements of section
148D.105, subdivisions 3, 4, and 5. At
least three hours of supervision must be obtained during every 160 hours of practice.
Subd. 2. [NO
SUPERVISION REQUIRED AFTER LICENSURE.] After licensure, a licensed
independent clinical social worker is not required to be supervised.
Sec. 25. [148D.120]
[REQUIREMENTS OF SUPERVISORS.]
Subdivision 1.
[SUPERVISORS LICENSED AS SOCIAL WORKERS.] (a) Except as provided in
paragraph (b), to be eligible to provide supervision under this section, a
social worker must attest, on a form provided by the board, that he or she has
met the applicable licensure requirements specified in sections 148D.100 to
148D.115.
(b) If the board determines that supervision is not
obtainable from an individual meeting the requirements specified in paragraph
(a), the board may approve an alternate supervisor pursuant to subdivision 2.
Subd. 2. [ALTERNATE SUPERVISORS.] (a) The board may approve an alternate
supervisor if:
(1) the board determines that supervision is not obtainable
pursuant to paragraph (b);
(2) the licensee requests in the supervision plan submitted
pursuant to section 148D.125, subdivision 1, that an alternate supervisor
conduct the supervision;
(3) the licensee describes the proposed supervision and the
name and qualifications of the proposed alternate supervisor; and
(4) the requirements of paragraph (d) are met.
(b) The board may determine that supervision is not
obtainable if:
(1) the licensee provides documentation as an attachment to
the supervision plan submitted pursuant to section 148D.125, subdivision 1,
that the licensee has conducted a thorough search for a supervisor meeting the
applicable licensure requirements specified in sections 148D.100 to 148D.115;
(2) the licensee demonstrates to the board's satisfaction
that the search was unsuccessful; and
(3) the licensee describes the extent of the search and the
names and locations of the persons and organizations contacted.
(c) The following are not grounds for a determination that
supervision is unobtainable:
(1) obtaining a supervisor who meets the requirements of
subdivision 1 would present the licensee with a financial hardship;
(2) the licensee is unable to obtain a supervisor who
meets the requirements of subdivision 1 within the licensee's agency or
organization and the agency or organization will not allow outside supervision;
or
(3) the specialized nature of the licensee's practice
requires supervision from a practitioner other than an individual licensed as a
social worker.
(d) An alternate supervisor must:
(1) be an unlicensed social worker who is employed in, and
provides the supervision in, a setting exempt from licensure by section
148D.065, and who has qualifications equivalent to the applicable requirements
specified in sections 148D.100 to 148D.115; or
(2) be a licensed marriage and family therapist or a mental
health professional as established by section 245.462, subdivision 18, or
245.4871, subdivision 27, or an equivalent mental health professional, as
determined by the board, who is licensed or credentialed by a state,
territorial, provincial, or foreign licensing agency.
In order to qualify to provide clinical supervision of a
licensed graduate social worker or licensed independent social worker engaged
in clinical practice, the alternate supervisor must be a mental health
professional as established by section 245.462, subdivision 18, or 245.4871,
subdivision 27, or an equivalent mental health professional, as determined by
the board, who is licensed or credentialed by a state, territorial, provincial,
or foreign licensing agency.
Sec. 26. [148D.125] [DOCUMENTATION
OF SUPERVISION.]
Subdivision 1.
[SUPERVISION PLAN.] (a) A social worker must submit, on a form
provided by the board, a supervision plan for meeting the supervision
requirements specified in sections 148D.100 to 148D.120.
(b) The supervision plan must be submitted no later than 90
days after the licensee begins a social work practice position after becoming
licensed.
(c) For failure to submit the supervision plan within 90
days after beginning a social work practice position, a licensee must pay the
supervision plan late fee specified in section 148D.180 when the licensee
applies for license renewal.
(d) A license renewal application submitted pursuant to
paragraph (a) must not be approved unless the board has received a supervision plan.
(e) The supervision plan must include the following:
(1) the name of the supervisee, the name of the agency in
which the supervisee is being supervised, and the supervisee's position title;
(2) the name and qualifications of the person providing the
supervision;
(3) the number of hours of one-on-one in-person supervision
and the number and type of additional hours of supervision to be completed by
the supervisee;
(4) the supervisee's position description;
(5) a brief description of the supervision the supervisee
will receive in the following content areas:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge,
skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice; and
(6) if applicable, a detailed description of the
supervisee's clinical social work practice, addressing:
(i) the client population, the range of presenting issues,
and the diagnoses;
(ii) the clinical modalities that were utilized; and
(iii) the process utilized for determining clinical
diagnoses, including the diagnostic instruments used and the role of the
supervisee in the diagnostic process.
(f) The board must receive a revised supervision plan within
90 days of any of the following changes:
(1) the supervisee has a new supervisor;
(2) the supervisee begins a new social work position;
(3) the scope or content of the supervisee's social work practice
changes substantially;
(4) the number of practice or supervision hours changes
substantially; or
(5) the type of supervision changes as supervision is
described in section 148D.100, subdivision 3, or 148D.105, subdivision 3, or as
required in section 148D.115, subdivision 4.
(g) For failure to submit a revised supervised plan as
required in paragraph (f), a supervisee must pay the supervision plan late fee
specified in section 148D.180, when the supervisee applies for license renewal.
(h) The board must approve the supervisor and the
supervision plan.
Subd. 2.
[ATTESTATION.] (a) When a supervisee submits renewal application
materials to the board, the supervisee and supervisor must submit an
attestation providing the following information on a form provided by the
board:
(1) the name of the supervisee, the name of the agency in
which the supervisee is being supervised, and the supervisee's position title;
(2) the name and qualifications of the supervisor;
(3) the number of hours and dates of each type of
supervision completed;
(4) the supervisee's position
description;
(5) a declaration that the supervisee has not engaged in
conduct in violation of the standards of practice specified in sections
148D.195 to 148D.240;
(6) a declaration that the supervisee has practiced
competently and ethically in accordance with professional social work
knowledge, skills, and values; and
(7) a list of the content areas in which the supervisee has
received supervision, including the following:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge,
skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice.
(b) The information provided on the attestation form must
demonstrate to the board's satisfaction that the supervisee has met or has made
progress on meeting the applicable supervised practice requirements.
Subd. 3.
[VERIFICATION OF SUPERVISED PRACTICE.] (a) In addition to receiving
the attestation required pursuant to subdivision 2, the board must receive
verification of supervised practice if:
(1) the board audits the supervision of a supervisee
pursuant to section 148D.070, subdivision 3; or
(2) an applicant applies for a license as a licensed
independent social worker or as a licensed independent clinical social worker.
(b) When verification of supervised practice is required
pursuant to paragraph (a), the board must receive from the supervisor the
following information on a form provided by the board:
(1) the name of the supervisee, the name of the agency in
which the supervisee is being supervised, and the supervisee's position title;
(2) the name and qualifications of the supervisor;
(3) the number of hours and dates of each type of
supervision completed;
(4) the supervisee's position description;
(5) a declaration that the supervisee has not engaged in
conduct in violation of the standards of practice specified in sections
148D.195 to 148D.240;
(6) a declaration that the supervisee has practiced
ethically and competently in accordance with professional social work
knowledge, skills, and values;
(7) a list of the content areas in
which the supervisee has received supervision, including the following:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge,
skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice; and
(8) if applicable, a detailed description of the
supervisee's clinical social work practice, addressing:
(i) the client population, the range of presenting issues,
and the diagnoses;
(ii) the clinical modalities that were utilized; and
(iii) the process utilized for determining clinical
diagnoses, including the diagnostic instruments used and the role of the
supervisee in the diagnostic process.
(c) The information provided on the verification form must
demonstrate to the board's satisfaction that the supervisee has met the
applicable supervised practice requirements.
Subd. 4.
[ALTERNATIVE VERIFICATION OF SUPERVISED PRACTICE.] Notwithstanding
the requirements of subdivision 3, the board may accept alternative
verification of supervised practice if a supervisee demonstrates to the
satisfaction of the board that the supervisee is unable to locate a former
supervisor to provide the required information.
CONTINUING
EDUCATION
Sec. 27. [148D.130]
[CLOCK HOURS REQUIRED.]
Subdivision 1.
[TOTAL CLOCK HOURS REQUIRED.] At the time of license renewal, a
licensee must provide evidence satisfactory to the board that the licensee has,
during the renewal term, completed at least 30 clock hours of continuing
education.
Subd. 2. [ETHICS
REQUIREMENT.] At least two of the clock hours required under subdivision 1
must be in social work ethics.
Subd. 3.
[INDEPENDENT STUDY.] Independent study must not consist of more than
ten clock hours of continuing education per renewal term. Independent study must be for publication,
public presentation, or professional development. Independent study includes, but is not limited to, electronic
study.
Subd. 4.
[COURSEWORK.] One credit of coursework in a semester-based academic
institution is the equivalent of 15 clock hours.
Subd. 5.
[PRORATED RENEWAL TERM.] If the licensee's renewal term is prorated
to be less or more than 24 months, the required number of continuing education
clock hours is prorated proportionately.
Sec. 28. [148D.135] [APPROVAL OF CLOCK HOURS.]
Subdivision 1.
[WAYS OF APPROVING CLOCK HOURS.] The clock hours required under
section 148D.130 must be approved in one or more of the following ways:
(1) the hours must be offered by a continuing education
provider approved by the board;
(2) the hours must be offered by a continuing education
provider approved by the Association of Social Work Boards or a similar
examination body designated by the board;
(3) the hours must be earned through a continuing education
program approved by the National Association of Social Workers; or
(4) the hours must be earned through a continuing education
program approved by the board.
Subd. 2.
[PREAPPROVAL NOT REQUIRED.] Providers and programs are not required
to be preapproved but must meet the requirements specified in this section.
Sec. 29. [148D.140]
[VARIANCES.]
The board may grant a variance to the continuing education
requirements specified in section 148D.130, when a licensee demonstrates to the
satisfaction of the board that the licensee is unable to complete the required
number of clock hours during the renewal term.
The board may allow a licensee to complete the required number of clock
hours within a time frame specified by the board. The board must not allow a licensee to complete less than the
required number of clock hours.
Sec. 30. [148D.145]
[CONTINUING EDUCATION PROVIDERS APPROVED BY THE BOARD.]
Subdivision 1.
[BOARD APPROVAL.] (a) The board must approve a continuing education
provider who:
(1) submits a completed application to the board which
provides the information required by subdivision 2 and which meets the criteria
specified in subdivision 3; and
(2) pays the provider fee specified in section 148D.180.
(b) An approval is valid for programs offered no later than
one year from the date the application is approved by the board.
Subd. 2.
[INFORMATION REQUIRED.] The information that must be provided to the
board includes, but is not limited to, the following:
(1) the name of the continuing education provider;
(2) the address, telephone number, and e-mail address of a
contact person for the provider;
(3) a signed statement that indicates the provider
understands and agrees to abide by the criteria specified in subdivision 3; and
(4) a signed statement that indicates the provider agrees to
furnish a certificate of attendance to each participant in a program offered by
the provider.
Subd. 3. [CRITERIA FOR PROGRAMS OFFERED BY CONTINUING
EDUCATION PROVIDERS.] (a) A continuing education provider must employ the
following criteria in determining whether to offer a continuing education
program:
(1) whether the material to be presented will promote the
standards of practice described in sections 148D.195 to 148D.240;
(2) whether the material to be presented will contribute to
the practice of social work as defined in section 148D.010;
(3) whether the material to be presented is intended for the
benefit of practicing social workers; and
(4) whether the persons presenting the program are qualified
in the subject matter being presented.
(b) The material presented must not be primarily procedural
or primarily oriented towards business practices or self-development.
Subd. 4.
[AUDITS.] (a) The board may audit programs offered by a continuing
education provider approved by the board to determine compliance with the
requirements of this section.
(b) A continuing education provider audited by the board
must provide the documentation specified in subdivision 5.
Subd. 5.
[INFORMATION REQUIRED TO BE MAINTAINED BY CONTINUING EDUCATION
PROVIDERS.] For three years following the end of each program offered by a
continuing education provider, the provider must maintain the following
information:
(1) the title of the program;
(2) a description of the content and objectives of the
program;
(3) the date of the program;
(4) the number of clock hours credited for participation in
the program;
(5) the program location;
(6) the names and qualifications of the primary presenters;
(7) a description of the primary audience the program was
designed for; and
(8) a list of the participants in the program.
Sec. 31. [148D.150]
[CONTINUING EDUCATION PROVIDERS APPROVED BY THE ASSOCIATION OF SOCIAL WORK
BOARDS.]
In order to receive credit for a program offered by a
continuing education provider approved by the Association of Social Work Boards
or a similar examination body designated by the board, the provider must be
listed on the Association of Social Work Boards Web site as a provider
currently approved by the Association of Social Work Boards or a similar
examination body designated by the board.
Sec. 32. [148D.155]
[CONTINUING EDUCATION PROGRAMS APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL
WORKERS.]
In order to receive credit for a program approved by the
National Association of Social Workers, the program must be listed on the
National Association of Social Workers Web site as a program currently approved
by the National Association of Social Workers.
Sec. 33. [148D.160]
[CONTINUING EDUCATION PROGRAMS APPROVED BY THE BOARD.]
Subdivision 1.
[REQUIRED PROGRAM CONTENT.] In order to be approved by the board, a
continuing education program must:
(1) promote the standards of practice described in sections
148D.195 to 148D.240;
(2) contribute to the practice of social work as defined in
section 148D.010; and
(3) not be primarily procedural or be primarily oriented
towards business practices or self-development.
Subd. 2. [TYPES
OF CONTINUING EDUCATION PROGRAMS.] In order to be approved by the board, a
continuing education program must be one of the following: academic coursework offered by an
institution of higher learning; educational workshops, seminars, or conferences
offered by an organization or individual; staff training offered by a public or
private employer; or independent study.
Sec. 34. [148D.165]
[CONTINUING EDUCATION REQUIREMENTS OF LICENSEES.]
Subdivision 1.
[INFORMATION REQUIRED TO BE MAINTAINED BY LICENSEES.] For one year
following the expiration date of a license, the licensee must maintain
documentation of clock hours earned during the previous renewal term. The documentation must include the
following:
(1) for educational workshops or seminars offered by an
organization or at a conference, a copy of the certificate of attendance issued
by the presenter or sponsor giving the following information:
(i) the name of the sponsor or presenter of the program;
(ii) the title of the workshop or seminar;
(iii) the dates the licensee participated in the program;
and
(iv) the number of clock hours completed;
(2) for academic coursework offered by an institution of
higher learning, a copy of a transcript giving the following information:
(i) the name of the institution offering the course;
(ii) the title of the course;
(iii) the dates the licensee participated in the course; and
(iv) the number of credits completed;
(3) for staff training offered by public or private
employers, a copy of the certificate of attendance issued by the employer
giving the following information:
(i) the name of the employer;
(ii) the title of the staff training;
(iii) the dates the licensee participated in the program;
and
(iv) the number of clock hours completed; and
(4) for independent study, including electronic study, a
written summary of the study conducted, including the following information:
(i) the topics studied;
(ii) a description of the applicability of the study to the
licensee's authorized scope of practice;
(iii) the titles and authors of books and articles consulted
or the name of the organization offering the study;
(iv) the dates the licensee conducted the study; and
(v) the number of clock hours the licensee conducted the
study.
Subd. 2.
[AUDITS.] The board may audit license renewal and reactivation
applications to determine compliance with the requirements of sections 148D.130
to 148D.170. A licensee audited by the
board must provide the documentation specified in subdivision 1 regardless of
whether the provider or program has been approved by the board, the Association
of Social Work Boards, or a similar examination body designated by the board,
or the National Association of Social Workers.
Sec. 35. [148D.170]
[REVOCATION OF CONTINUING EDUCATION APPROVALS.]
The board may revoke approval of a provider or of a program
offered by a provider, or of an individual program approved by the board, if
the board determines subsequent to the approval that the provider or program
failed to meet the requirements of sections 148D.130 to 148D.170.
FEES
Sec. 36. [148D.175]
[FEES.]
The fees specified in section 148D.180 are nonrefundable and
must be deposited in the state government special revenue fund.
Sec. 37. [148D.180]
[FEE AMOUNTS.]
Subdivision 1.
[APPLICATION FEES.] Application fees for licensure are as follows:
(1) for a licensed social worker, $45;
(2) for a licensed graduate social worker, $45;
(3) for a licensed independent social worker, $90;
(4) for a licensed independent clinical social worker, $90;
(5) for a temporary license, $50; and
(6) for a licensure by endorsement, $150.
The fee for criminal background checks is the fee charged by
the Bureau of Criminal Apprehension.
The criminal background check fee must be included with the application
fee as required pursuant to section 148D.055.
Subd. 2.
[LICENSE FEES.] License fees are as follows:
(1) for a licensed social worker, $115.20;
(2) for a licensed graduate social worker, $201.60;
(3) for a licensed independent social worker, $302.40;
(4) for a licensed independent clinical social worker,
$331.20;
(5) for an emeritus license, $50; and
(6) for a temporary leave fee, the same as the renewal fee
specified in subdivision 3.
If the licensee's initial license term is less or more than
24 months, the required license fees must be prorated proportionately.
Subd. 3.
[RENEWAL FEES.] Renewal fees for licensure are as follows:
(1) for a licensed social worker, $115.20;
(2) for a licensed graduate social worker, $201.60;
(3) for a licensed independent social worker, $302.40; and
(4) for a licensed independent clinical social worker,
$331.20.
Subd. 4. [CONTINUING EDUCATION PROVIDER FEES.] Continuing education
provider fees are as follows:
(1) for a provider who offers programs totaling one to eight
clock hours in a one-year period pursuant to section 148D.145, $50;
(2) for a provider who offers programs totaling nine to 16
clock hours in a one-year period pursuant to section 148D.145, $100;
(3) for a provider who offers programs totaling 17 to 32
clock hours in a one-year period pursuant to section 148D.145, $200;
(4) for a provider who offers programs totaling 33 to 48
clock hours in a one-year period pursuant to section 148D.145, $400; and
(5) for a provider who offers programs totaling 49 or more
clock hours in a one-year period pursuant to section 148D.145, $600.
Subd. 5. [LATE
FEES.] Late fees are as follows:
(1) renewal late fee, one-half of the renewal fee specified
in subdivision 3; and
(2) supervision plan late fee, $40.
Subd. 6.
[LICENSE CARDS AND WALL CERTIFICATES.] (a) The fee for a license card
as specified in section 148D.095 is $10.
(b) The fee for a license wall certificate as specified in
section 148D.095 is $30.
Subd. 7.
[REACTIVATION FEES.] Reactivation fees are as follows:
(1) reactivation from a temporary leave or emeritus status,
the prorated share of the renewal fee specified in subdivision 3; and
(2) reactivation of an expired license, 1-1/2 times the
renewal fees specified in subdivision 3.
Subd. 8.
[TEMPORARY FEE REDUCTION.] For fiscal years 2006, 2007, 2008, and
2009, the following fee changes are effective:
(1) in subdivision 1, the application fee for a licensed
independent social worker is reduced to $45;
(2) in subdivision 1, the application fee for a licensed
independent clinical social worker is reduced to $45;
(3) in subdivision 1, the application fee for a licensure by
endorsement is reduced to $85;
(4) in subdivision 2, the license fee for a licensed social
worker is reduced to $90;
(5) in subdivision 2, the license fee for a licensed
graduate social worker is reduced to $160;
(6) in subdivision 2, the license fee for a licensed
independent social worker is reduced to $240;
(7) in subdivision 2, the license fee for a licensed
independent clinical social worker is reduced to $265;
(8) in subdivision 3, the renewal fee for a licensed social
worker is reduced to $90;
(9) in subdivision 3, the renewal fee for a licensed
graduate social worker is reduced to $160;
(10) in subdivision 3, the renewal fee for a licensed
independent social worker is reduced to $240;
(11) in subdivision 3, the renewal fee for a licensed
independent clinical social worker is reduced to $265; and
(12) in subdivision 5, the renewal late fee is reduced to
one-third of the renewal fee specified in subdivision 3.
This subdivision expires on June 30, 2009.
COMPLIANCE
Sec. 38. [148D.185]
[PURPOSE OF COMPLIANCE LAWS.]
The purpose of sections 148D.185 to 148D.290 is to protect
the public by ensuring that all persons licensed as social workers meet minimum
standards of practice. The board shall
promptly and fairly investigate and resolve all complaints alleging violations
of statutes and rules that the board is empowered to enforce and (1) take
appropriate disciplinary action, adversarial action, or other action justified
by the facts, or (2) enter into corrective action agreements or stipulations to
cease practice, when doing so is consistent with the board's obligation to
protect the public.
Sec. 39. [148D.190]
[GROUNDS FOR ACTION.]
Subdivision 1.
[SCOPE.] The grounds for action in subdivisions 2 to 4 and the
standards of practice requirements in sections 148D.195 to 148D.240 apply to
all licensees and applicants.
Subd. 2.
[VIOLATIONS.] The board has grounds to take action pursuant to
sections 148D.255 to 148D.270 when a social worker violates:
(1) a statute or rule enforced by the board, including this
section and sections 148D.195 to 148D.240;
(2) a federal or state law or rule related to the practice
of social work; or
(3) an order, stipulation, or agreement agreed to or issued
by the board.
Subd. 3.
[CONDUCT BEFORE LICENSURE.] A violation of the requirements specified
in this section and sections 148D.195 to 148D.240 is grounds for the board to
take action under sections 148D.255 to 148D.270. The board's jurisdiction to exercise the powers provided in this
section extends to an applicant or licensee's conduct that occurred before
licensure if:
(1) the conduct did not meet the minimum accepted and
prevailing standards of professional social work practice at the time the
conduct occurred; or
(2) the conduct adversely affects the applicant or
licensee's present ability to practice social work in conformity with the
requirements of sections 148D.195 to 148D.240.
Subd. 4.
[UNAUTHORIZED PRACTICE.] The board has grounds to take action
pursuant to sections 148D.255 to 148D.270 when a social worker:
(1) practices outside the scope of practice authorized by
section 148D.050;
(2) engages in the practice of social work without a social
work license under section 148D.055 or 148D.060, except when the social worker
is exempt from licensure pursuant to section 148D.065;
(3) provides social work services to a client who receives
social work services in this state, and is not licensed pursuant to section
148D.055 or 148D.060, except when the social worker is exempt from licensure
pursuant to section 148D.065.
STANDARDS
OF PRACTICE
Sec. 40. [148D.195]
[REPRESENTATIONS TO CLIENTS AND PUBLIC.]
Subdivision 1.
[REQUIRED DISPLAYS AND INFORMATION FOR CLIENTS.] (a) A social worker
must conspicuously display at the social worker's places of practice, or make
available as a handout for all clients, information that the client has the
right to the following:
(1) to be informed of the social worker's license status,
education, training, and experience;
(2) to examine public data on the social worker maintained
by the board;
(3) to report a complaint about the social worker's practice
to the board; and
(4) to be informed of the board's mailing address, e-mail
address, Web site address, and telephone number.
(b) A social worker must conspicuously display the social
worker's wall certificate at the social worker's places of practice and office
locations. Additional wall certificates
may be requested pursuant to section 148D.095.
Subd. 2.
[REPRESENTATIONS.] (a) No applicant or other individual may be
represented to the public by any title incorporating the words "social
work" or "social worker" unless the individual holds a license
pursuant to sections 148D.055 and 148D.060 or practices in a setting exempt
from licensure pursuant to section 148D.065.
(b) In all professional use of a social worker's name, the
social worker must use the license designation "LSW" or
"licensed social worker" for a licensed social worker,
"LGSW" or "licensed graduate social worker" for a licensed
graduate social worker, "LISW" or "licensed independent social
worker" for a licensed independent social worker, or "LICSW" or
"licensed independent clinical social worker" for a licensed
independent clinical social worker.
(c) Public statements or advertisements must not be
untruthful, misleading, false, fraudulent, deceptive, or potentially
exploitative of clients, former clients, interns, students, supervisees, or the
public.
(d) A social worker must not:
(1) use licensure status as a claim, promise, or guarantee
of successful service;
(2) obtain a license by cheating or employing fraud or
deception;
(3) make false statements or misrepresentations to the board
or in materials submitted to the board; or
(4) engage in conduct that has the potential to deceive or
defraud a social work client, intern, student, supervisee, or the public.
Subd. 3.
[INFORMATION ON CREDENTIALS.] (a) A social worker must provide
accurate and factual information concerning the social worker's credentials,
education, training, and experience when the information is requested by
clients, potential clients, or other persons or organizations.
(b) A social worker must not misrepresent directly or by
implication the social worker's license, degree, professional certifications,
affiliations, or other professional qualifications in any oral or written
communications to clients, potential clients, or other persons or
organizations. A social worker must
take reasonable steps to prevent such misrepresentations by other social
workers.
(c) A social worker must not hold out
as a person licensed as a social worker without having a social work license
pursuant to sections 148D.055 and 148D.060.
(d) A social worker must not misrepresent directly or by
implication (1) affiliations with institutions or organizations, or (2)
purposes or characteristics of institutions or organizations with which the
social worker is or has been affiliated.
Sec. 41. [148D.200]
[COMPETENCE.]
Subdivision 1.
[COMPETENCE.] (a) A social worker must provide services and hold out
as competent only to the extent the social worker's education, training,
license, consultation received, supervision experience, or other relevant
professional experience demonstrate competence in the services provided. A social worker must make a referral to a
competent professional when the services required are beyond the social
worker's competence or authorized scope of practice.
(b) When generally recognized standards do not exist with
respect to an emerging area of practice, including but not limited to providing
social work services through electronic means, a social worker must take the
steps necessary, such as consultation or supervision, to ensure the competence
of the social worker's work and to protect clients from harm.
Subd. 2.
[SUPERVISION OR CONSULTATION.] Notwithstanding the completion of
supervision requirements as specified in sections 148D.100 to 148D.125, a
social worker must obtain supervision or engage in consultation when
appropriate or necessary for competent and ethical practice.
Subd. 3.
[DELEGATION OF SOCIAL WORK RESPONSIBILITIES.] (a) A social worker
must not delegate a social work responsibility to another individual when the
social worker knows or reasonably should know that the individual is not
licensed when required to be licensed pursuant to sections 148D.055 and
148D.060.
(b) A social worker must not delegate a social work
responsibility to another individual when the social worker knows or reasonably
should know that the individual is not competent to assume the responsibility
or perform the task.
Sec. 42. [148D.205]
[IMPAIRMENT.]
Subdivision 1.
[GROUNDS FOR ACTION.] The board has grounds to take action under
sections 148D.255 to 148D.270 when a social worker is unable to practice with
reasonable skill and safety by reason of illness, use of alcohol, drugs,
chemicals, or any other materials, or as a result of any mental, physical, or
psychological condition.
Subd. 2.
[SELF-REPORTING.] A social worker regulated by the board who is
unable to practice with reasonable skill and safety by reason of illness, use
of alcohol, drugs, chemicals, or any other materials, or as a result of any
mental, physical, or psychological condition, must report to the board or the
health professionals services program.
Sec. 43. [148D.210]
[PROFESSIONAL AND ETHICAL CONDUCT.]
The board has grounds to take action under sections 148D.255
to 148D.270 when a social worker:
(1) engages in unprofessional or unethical conduct,
including any departure from or failure to conform to the minimum accepted
ethical and other prevailing standards of professional social work practice,
without actual injury to a social work client, intern, student, supervisee or
the public needing to be established;
(2) engages in conduct that has the
potential to cause harm to a client, intern, student, supervisee, or the
public;
(3) demonstrates a willful or careless disregard for the
health, welfare, or safety of a client, intern, student, or supervisee; or
(4) engages in acts or conduct adversely affecting the
applicant or licensee's current ability or fitness to engage in social work
practice, whether or not the acts or conduct occurred while engaged in the
practice of social work.
Sec. 44. [148D.215]
[RESPONSIBILITIES TO CLIENTS.]
Subdivision 1.
[RESPONSIBILITY TO CLIENTS.] A social worker's primary professional
responsibility is to the client. A
social worker must respect the client's interests, including the interest in
self-determination, except when required to do otherwise by law.
Subd. 2.
[NONDISCRIMINATION.] A social worker must not discriminate against a
client, intern, student, or supervisee or in providing services to a client,
intern, or supervisee on the basis of age, gender, sexual orientation, race,
color, national origin, religion, illness, disability, political affiliation,
or social or economic status.
Subd. 3.
[RESEARCH.] When undertaking research activities, a social worker
must use accepted protocols for the protection of human subjects, including (1)
establishing appropriate safeguards to protect the subject's vulnerability, and
(2) obtaining the subjects' informed consent.
Sec. 45. [148D.220]
[RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS, AND OTHER INDIVIDUALS.]
Subdivision 1.
[SOCIAL WORKER RESPONSIBILITY.] (a) A social worker is responsible
for acting professionally in relationships with clients or former clients. A client or a former client's initiation of,
or attempt to engage in, or request to engage in, a personal, sexual, or
business relationship is not a defense to a violation of this section.
(b) When a relationship is permitted by this section, social
workers who engage in such a relationship assume the full burden of
demonstrating that the relationship will not be detrimental to the client or
the professional relationship.
Subd. 2.
[PROFESSIONAL BOUNDARIES.] A social worker must maintain appropriate
professional boundaries with a client.
A social worker must not engage in practices with clients that create an
unacceptable risk of client harm or of impairing a social worker's objectivity
or professional judgment. A social
worker must not act or fail to act in a way that, as judged by a reasonable and
prudent social worker, inappropriately encourages the client to relate to the
social worker outside of the boundaries of the professional relationship, or in
a way that interferes with the client's ability to benefit from social work
services from the social worker.
Subd. 3. [MISUSE
OF PROFESSIONAL RELATIONSHIP.] A social worker must not use the professional
relationship with a client, student, supervisee, or intern to further the
social worker's personal, emotional, financial, sexual, religious, political,
or business benefit or interests.
Subd. 4.
[IMPROPER TERMINATION.] A social worker must not terminate a
professional relationship for the purpose of beginning a personal, sexual, or
business relationship with a client.
Subd. 5.
[PERSONAL RELATIONSHIP WITH A CLIENT.] (a) Except as provided in
paragraph (b), a social worker must not engage in a personal relationship with
a client that creates a risk of client harm or of impairing a social worker's
objectivity or professional judgment.
(b) Notwithstanding paragraph (a), if
a social worker is unable to avoid a personal relationship with a client, the
social worker must take appropriate precautions, such as consultation or
supervision, to address the potential for risk of client harm or of impairing a
social worker's objectivity or professional judgment.
Subd. 6.
[PERSONAL RELATIONSHIP WITH A FORMER CLIENT.] A social worker may
engage in a personal relationship with a former client after appropriate termination
of the professional relationship, except:
(1) as prohibited by subdivision 8; or
(2) if a reasonable and prudent social worker would conclude
after appropriate assessment that (i) the former client is emotionally
dependent on the social worker or continues to relate to the social worker as a
client, or (ii) the social worker is emotionally dependent on the client or
continues to relate to the former client as a social worker.
Subd. 7. [SEXUAL
CONDUCT WITH A CLIENT.] A social worker must not engage in or suggest sexual
conduct with a client.
Subd. 8. [SEXUAL
CONDUCT WITH A FORMER CLIENT.] (a) A social worker who has engaged in
diagnosing, counseling, or treating a client with mental, emotional, or
behavioral disorders must not engage in or suggest sexual conduct with the
former client under any circumstances unless:
(1) the social worker did not intentionally or
unintentionally coerce, exploit, deceive, or manipulate the former client at
any time;
(2) the social worker did not represent to the former client
that sexual conduct with the social worker is consistent with or part of the
client's treatment;
(3) the social worker's sexual conduct was not detrimental
to the former client at any time;
(4) the former client is not emotionally dependent on the
social worker and does not continue to relate to the social worker as a client;
and
(5) the social worker is not emotionally dependent on the
client and does not continue to relate to the former client as a social worker.
(b) If there is an alleged violation of paragraph (a), the
social worker assumes the full burden of demonstrating to the board that the
social worker did not intentionally or unintentionally coerce, exploit,
deceive, or manipulate the client, and the social worker's sexual conduct was
not detrimental to the client at any time.
Upon request, a social worker must provide information to the board
addressing:
(1) the amount of time that has passed since termination of
services;
(2) the duration, intensity, and nature of services;
(3) the circumstances of termination of services;
(4) the former client's emotional, mental, and behavioral
history;
(5) the former client's current emotional, mental, and
behavioral status;
(6) the likelihood of adverse impact on the former client;
and
(7) the existence of actions, conduct, or statements made by
the social worker during the course of services suggesting or inviting the
possibility of a sexual relationship with the client following termination of
services.
(c) A social worker who has provided social work services
other than those described in paragraph (a) to a client must not engage in or
suggest sexual conduct with the former client if a reasonable and prudent
social worker would conclude after appropriate assessment that engaging in such
behavior with the former client would create an unacceptable risk of harm to
the former client.
Subd. 9. [SEXUAL
CONDUCT WITH A STUDENT, SUPERVISEE, OR INTERN.] (a) A social worker must not
engage in or suggest sexual conduct with a student while the social worker has
authority over any part of the student's academic program.
(b) A social worker supervising an intern must not engage in
or suggest sexual conduct with the intern during the course of the internship.
(c) A social worker practicing social work as a supervisor
must not engage in or suggest sexual conduct with a supervisee during the
period of supervision.
Subd. 10.
[SEXUAL HARASSMENT.] A social worker must not engage in any physical,
oral, written, or electronic behavior that a client, former client, student,
supervisee, or intern may reasonably interpret as sexually harassing or
sexually demeaning.
Subd. 11.
[BUSINESS RELATIONSHIP WITH A CLIENT.] A social worker must not
purchase goods or services from a client or otherwise engage in a business
relationship with a client except when:
(1) a social worker purchases goods or services from the
client and a reasonable and prudent social worker would determine that it is
not practical or reasonable to obtain the goods or services from another
provider; and
(2) engaging in the business relationship will not be
detrimental to the client or the professional relationship.
Subd. 12.
[BUSINESS RELATIONSHIP WITH A FORMER CLIENT.] A social worker may
purchase goods or services from a former client or otherwise engage in a
business relationship with a former client after appropriate termination of the
professional relationship unless a reasonable and prudent social worker would
conclude after appropriate assessment that:
(1) the former client is emotionally dependent on the social
worker and purchasing goods or services from the former client or otherwise
engaging in a business relationship with the former client would be detrimental
to the former client; or
(2) the social worker is emotionally dependent on the former
client and purchasing goods or services from the former client or otherwise
engaging in a business relationship with the former client would be detrimental
to the former client.
Subd. 13.
[PREVIOUS SEXUAL, PERSONAL, OR BUSINESS RELATIONSHIP.] (a) A social
worker must not engage in a social worker/client relationship with an
individual with whom the social worker had a previous sexual relationship.
(b) A social worker must not engage in a social
worker/client relationship with an individual with whom the social worker had a
previous personal or business relationship if a reasonable and prudent social
worker would conclude after appropriate assessment that the social worker/client
relationship would create an unacceptable risk of client harm or that the
social worker's objectivity or professional judgment may be impaired.
Subd. 14.
[GIVING ALCOHOL OR OTHER DRUGS TO A CLIENT.] (a) Unless authorized by
law, a social worker must not offer medication or controlled substances to a
client.
(b) A social worker must not accept medication or controlled
substances from a client except that if authorized by law, a social worker may
accept medication or controlled substances from a client for purposes of
disposal or to monitor use.
(c) A social worker must not offer alcoholic beverages to a
client except when such an offer is authorized or prescribed by a physician or
is in accordance with a client's care plan.
(d) A social worker must not accept alcoholic beverages from
a client.
Subd. 15.
[RELATIONSHIP WITH A CLIENT'S FAMILY OR HOUSEHOLD MEMBER.] Subdivisions
1 to 14 apply to a social worker's relationship with a client's family or
household member when a reasonable and prudent social worker would conclude
after appropriate assessment that a relationship with a family or household
member would create an unacceptable risk of harm to the client.
Sec. 46. [148D.225]
[TREATMENT AND INTERVENTION SERVICES.]
Subdivision 1.
[ASSESSMENT OR DIAGNOSIS.] A social worker must base treatment and
intervention services on an assessment or diagnosis. A social worker must evaluate, on an ongoing basis, the
appropriateness of the assessment or diagnosis.
Subd. 2.
[ASSESSMENT OR DIAGNOSTIC INSTRUMENTS.] A social worker must not use
an assessment or diagnostic instrument without adequate training. A social worker must follow standards and
accepted procedures for using an assessment or diagnostic instrument. A social worker must inform a client of the
purpose before administering the instrument and must make the results available
to the client.
Subd. 3. [PLAN
FOR SERVICES.] A social worker must develop a plan for services that
includes goals based on the assessment or diagnosis. A social worker must evaluate, on an ongoing basis, the
appropriateness of the plan and the client's progress toward the goals.
Subd. 4.
[RECORDS.] (a) A social worker must make and maintain current and
accurate records, appropriate to the circumstances, of all services provided to
a client. At a minimum, the records
must contain documentation of:
(1) the assessment or diagnosis;
(2) the content of the service plan;
(3) progress with the plan and any revisions of assessment,
diagnosis, or plan;
(4) any fees charged and payments made;
(5) copies of all client-written authorizations for release
of information; and
(6) other information necessary to provide appropriate
services.
(b) These records must be maintained by the social worker
for at least seven years after the last date of service to the client. Social workers who are employed by an agency
or other entity are not required to:
(1) maintain personal or separate records; or
(2) personally retain records at the conclusion of their
employment.
Subd. 5.
[TERMINATION OF SERVICES.] A social worker must terminate a
professional relationship with a client when the social worker reasonably
determines that the client is not likely to benefit from continued services or
the services are no longer needed, unless the social worker is required by law
to provide services. A social worker
who anticipates terminating services must give reasonable notice to the client
in a manner that is appropriate to the needs of the client. The social worker must provide appropriate
referrals as needed or upon request of the client.
Sec. 47. [148D.230]
[CONFIDENTIALITY AND RECORDS.]
Subdivision 1.
[INFORMED CONSENT.] (a) A social worker must obtain valid, informed
consent, appropriate to the circumstances, before providing services to
clients. When obtaining informed
consent, the social worker must determine whether the client has the capacity
to provide informed consent. If the
client does not have the capacity to provide consent, the social worker must
obtain consent for the services from the client's legal representative. The social worker must not provide services,
unless authorized or required by law, if the client or the client's legal
representative does not consent to the services.
(b) If a social worker determines that a client does not
have the capacity to provide consent, and the client does not have a legal
representative, the social worker:
(1) must, except as provided in clause (2), secure a legal
representative for a client before providing services; or
(2) may, notwithstanding clause (1), provide services,
except when prohibited by other applicable law, that are necessary to ensure
the client's safety or to preserve the client's property or financial
resources.
(c) A social worker must use clear and understandable
language, including using an interpreter proficient in the client's primary
language as necessary, to inform clients of the plan of services, risks related
to the plan, limits to services, relevant costs, terms of payment, reasonable
alternatives, the client's right to refuse or withdraw consent, and the time
frame covered by the consent.
Subd. 2.
[MANDATORY REPORTING AND DISCLOSURE OF CLIENT INFORMATION.] At the
beginning of a professional relationship and during the professional
relationship as necessary and appropriate, a social worker must inform the
client of those circumstances under which the social worker may be required to
disclose client information specified in subdivision 3, paragraph (a), without
the client's consent.
Subd. 3.
[CONFIDENTIALITY OF CLIENT INFORMATION.] (a) A social worker must
ensure the confidentiality of all client information obtained in the course of
the social worker/client relationship and all client information otherwise obtained
by the social worker that is relevant to the social worker/client
relationship. Except as provided in
this section, client information may be disclosed or released only with the
client's or the client's legal representative's valid informed consent,
appropriate to the circumstances, except when otherwise required by law. A social worker must seek consent to
disclose or release client information only when such disclosure or release is
necessary to provide social work services.
(b) A social worker must continue to maintain
confidentiality of the client information specified in paragraph (a) upon
termination of the professional relationship including upon the death of the
client, except as provided under this section or other applicable law.
(c) A social worker must limit access to the client
information specified in paragraph (a) in a social worker's agency to
appropriate agency staff whose duties require access.
Subd. 4.
[RELEASE OF CLIENT INFORMATION WITH WRITTEN INFORMED CONSENT.] (a) Except
as provided in subdivision 5, client information specified in subdivision 3,
paragraph (a), may be released only with the client's or the client's legal
representative's written informed consent.
The written informed consent must:
(1) explain to whom the client's records may be released;
(2) explain the purpose for the release; and
(3) state an expiration date for the authorized release of
the records.
(b) A social worker may provide client information specified
in subdivision 3, paragraph (a), to a third party for the purpose of payment
for services rendered only with the client's written informed consent.
(c) Except as provided in subdivision 5, a social worker may
disclose client information specified in subdivision 3, paragraph (a), only
with the client's or the client's legal representative's written informed
consent. When it is not practical to
obtain written informed consent before providing necessary services, a social
worker may disclose or release client information with the client's or the
client's legal representative's oral informed consent.
(d) Unless otherwise authorized by law, a social worker must
obtain a client's written informed consent before taking a photograph of the
client or making an audio or video recording of the client, or allowing a third
party to do the same. The written
informed consent must explain:
(1) the purpose of the photograph or the recording and how
the photograph or recording will be used, how it will be stored, and when it
will be destroyed; and
(2) how the client may have access to the photograph or
recording.
Subd. 5.
[RELEASE OF CLIENT INFORMATION WITHOUT WRITTEN INFORMED CONSENT.] (a)
A social worker may disclose client information specified in subdivision 3,
paragraph (a), without the written consent of the client or the client's legal
representative only under the following circumstances or under the
circumstances described in paragraph (b):
(1) when mandated or
authorized by federal or state law, including the mandatory reporting
requirements under the duty to warn, maltreatment of minors, and vulnerable
adult laws specified in section 148D.240, subdivisions 6 to 8;
(2) when the board issues a subpoena to the social worker;
or
(3) when a court of competent jurisdiction orders release of
the client records or information.
(b) When providing services authorized or required by law to
a client who does not have the capacity to provide consent and who does not
have a legal representative, a social worker must disclose or release client
records or information as necessary to provide services to ensure the client's
safety or to preserve the client's property or financial resources.
Subd. 6.
[RELEASE OF CLIENT RECORDS OR INFORMATION.] When releasing client
records or information under this section, a social worker must release
current, accurate, and complete records or information.
Sec. 48. [148D.235]
[FEES AND BILLING PRACTICES.]
Subdivision 1.
[FEES AND PAYMENTS.] (a) A social worker must ensure that a client or
a client's legal representative is informed of all fees at the initial session
or meeting with the client, and that payment for services is arranged with the
client or the client's legal representative at the beginning of the
professional relationship. Upon request
from a client or a client's legal representative, a social worker must provide
in a timely manner a written payment plan or a written explanation of the
charges for any services rendered.
(b) When providing services authorized or required by law to
a client who does not have the capacity to provide consent and who does not
have a legal representative, a social worker may submit reasonable bills to an
appropriate payer for services provided.
Subd. 2.
[BILLING FOR SERVICES NOT PROVIDED.] A social worker must not bill
for services that have not been provided except that, with prior notice to the
client, a social worker may bill for failed appointments or for cancellations
without sufficient notice. A social
worker may bill only for provided services which are necessary and
appropriate. Financial responsibility
for failed appointment billings resides solely with the client and such costs
may not be billed to public or private payers.
Subd. 3. [NO
PAYMENT FOR REFERRALS.] A social worker must not accept or give a
commission, rebate, or other form of remuneration solely or primarily to profit
from the referral of a client.
Subd. 4. [FEES
AND BILLING PRACTICES.] A social worker must not engage in improper or
fraudulent billing practices, including, but not limited to, violations of the
federal Medicare and Medicaid laws or state medical assistance laws.
Sec. 49. [148D.240]
[REPORTING REQUIREMENTS.]
Subdivision 1.
[FAILURE TO SELF-REPORT ADVERSE ACTIONS.] The board has grounds to
take action under sections 148D.255 to 148D.270 when a social worker fails to
report to the board within 90 days:
(1) having been disciplined, sanctioned, or found to have
violated a state, territorial, provincial, or foreign licensing agency's laws
or rules;
(2) having been convicted of committing a felony, gross
misdemeanor, or misdemeanor reasonably related to the practice of social work;
(3) having had a finding or verdict of guilt, whether or not
the adjudication of guilt is withheld or not entered, of committing a felony,
gross misdemeanor, or misdemeanor reasonably related to the practice of social
work;
(4) having admitted to committing, or entering a no contest
plea to committing, a felony, gross misdemeanor, or misdemeanor reasonably
related to the practice of social work; or
(5) having been denied licensure by a state, territorial,
provincial, or foreign licensing agency.
Subd. 2.
[FAILURE TO SUBMIT APPLICATION INFORMATION.] The board has grounds to
take action under sections 148D.255 to 148D.270 when an applicant or licensee
fails to submit with an application the following information:
(1) the dates and dispositions of any malpractice
settlements or awards made relating to the social work services provided by the
applicant or licensee; or
(2) the dates and dispositions of any
civil litigations or arbitrations relating to the social work services provided
by the applicant or licensee.
Subd. 3.
[REPORTING OTHER LICENSED HEALTH PROFESSIONALS.] An applicant or
licensee must report to the appropriate health-related licensing board conduct
by a licensed health professional which would constitute grounds for
disciplinary action under the statutes and rules enforced by that board.
Subd. 4.
[REPORTING UNLICENSED PRACTICE.] An applicant or licensee must report
to the board conduct by an unlicensed person which constitutes the practice of
social work, as defined in section 148D.010, except when the unlicensed person
is exempt from licensure pursuant to section 148D.065.
Subd. 5. [FAILURE
TO REPORT OTHER APPLICANTS OR LICENSEES AND UNLICENSED PRACTICE.] The board
has grounds to take action under sections 148D.255 to 148.270 when an applicant
or licensee fails to report to the board conduct:
(1) by another licensee or applicant which the applicant or
licensee has reason to believe may reasonably constitute grounds for
disciplinary action under this section; or
(2) by an unlicensed person that constitutes the practice of
social work when a license is required to practice social work.
Subd. 6. [DUTY
TO WARN.] A licensee must comply with the duty to warn established by
section 148.975.
Subd. 7.
[REPORTING MALTREATMENT OF MINORS.] An applicant or licensee must
comply with the reporting of maltreatment of minors established by section
626.556.
Subd. 8.
[REPORTING MALTREATMENT OF VULNERABLE ADULTS.] An applicant or
licensee must comply with the reporting of maltreatment of vulnerable adults
established by section 626.557.
Subd. 9.
[SUBPOENAS.] The board may issue subpoenas pursuant to section
148D.245 and chapter 214 for the production of any reports required by this
section or any related documents.
INVESTIGATIONS
Sec. 50. [148D.245]
[INVESTIGATIVE POWERS AND PROCEDURES.]
Subdivision 1.
[SUBPOENAS.] (a) The board may issue subpoenas and compel the
attendance of witnesses and the production of all necessary papers, books,
records, documents, and other evidentiary material as part of its investigation
of an applicant or licensee under this section or chapter 214.
(b) If any person fails or refuses to appear or testify
regarding any matter about which the person may be lawfully questioned, or
fails or refuses to produce any papers, books, records, documents, or other
evidentiary materials in the matter to be heard, after having been required by
order of the board or by a subpoena of the board to do so, the board may
institute a proceeding in any district court to enforce the board's order or
subpoena.
(c) The board or a designated member of the board acting on
behalf of the board may issue subpoenas or administer oaths to witnesses or
take affirmations. Depositions may be
taken within or out of the state in the manner provided by law for the taking
of depositions in civil actions.
(d) A subpoena or other process or
paper may be served upon any person named therein, by mail or by any officer
authorized to serve subpoenas or other process or paper in civil actions, with
the same fees and mileage and in the same manner as prescribed by law for
service of process issued out of the district court of this state.
(e) Fees, mileage, and other costs must be paid as the board
directs.
Subd. 2.
[CLASSIFICATION OF DATA.] (a) Any records obtained as part of an
investigation must be treated as investigative data under section 13.41 and be
classified as confidential data.
(b) Notwithstanding paragraph (a), client records must be
treated as private data under chapter 13.
Client records must be protected as private data in the records of the
board and in administrative or judicial proceedings unless the client
authorizes the board in writing to make public the identity of the client or a
portion or all of the client's records.
Subd. 3. [MENTAL
OR PHYSICAL EXAMINATION; CHEMICAL DEPENDENCY EVALUATION.] (a) If the board
has (1) probable cause to believe that an applicant or licensee has violated a
statute or rule enforced by the board, or an order issued by the board and (2)
the board believes the applicant may have a health-related condition relevant
to the violation, the board may issue an order directing the applicant or
licensee to submit to one or more of the following: a mental examination, a physical examination, or a chemical
dependency evaluation.
(b) An examination or evaluation order issued by the board
must include:
(1) factual specifications on which the order is based;
(2) the purpose of the examination or evaluation;
(3) the name of the person or entity that will conduct the
examination or evaluation; and