Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2233
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
FORTIETH DAY
Saint Paul, Minnesota, Thursday, March 29,
2007
The House of Representatives convened at 10:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Kristen Brechler, St.
Andrew's Lutheran Church, Mahtomedi, 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
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Ozment was excused.
Lenczewski was excused until 11:05 a.m.
Journal
of the House - 40th Day - Thursday, March 29, 2007 - Top of Page 2234
The Chief Clerk proceeded to read the
Journals of the preceding days. Peterson, N., moved that further reading of the
Journals be suspended and that the Journals be approved as corrected by the
Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 846 and H. F. No. 958,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Solberg moved that the rules be so far suspended that
S. F. No. 846 be substituted for H. F. No. 958
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
March
27, 2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House File:
H. F. No. 1008, relating to public safety;
changing certain background check requirements.
Sincerely,
Tim
Pawlenty
Governor
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2235
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2007 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
1008 8 4:17 p.m.
March 27 March
28
1168 9 4:20 p.m.
March 27 March
28
1294 10 4:25 p.m.
March 27 March
28
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 1892, A bill for an act relating to insurance; regulating continuation
coverage for life insurance; authorizing the use of certain mortality tables to
calculate reserves for certain life policies; regulating life insurance policy
illustrations and interest rate disclosures; requiring auto insurers to notify
the commissioner of decision to withdraw from the market; regulating certain
notices of cancellation and certain policy renewals; modifying a definition;
amending Minnesota Statutes 2006, sections 60A.351; 61A.092, subdivision 6;
61A.25, subdivision 4; 65B.17, by adding a subdivision; 72A.52, subdivision 1;
72B.02, subdivision 7; proposing coding for new law in Minnesota Statutes,
chapter 61A; repealing Minnesota Statutes 2006, section 45.025, subdivisions 1,
2, 3, 4, 5, 6, 8, 9, 10; Minnesota Rules, parts 2790.1750; 2790.1751.
Reported
the same back with the following amendments:
Page
2, after line 2, insert:
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2236
"Sec.
2. Minnesota Statutes 2006, section 61A.072, is amended to read:
61A.072 POLICIES WITH ACCELERATED
BENEFITS.
Subdivision
1. Disclosure. A life
insurance contract or supplemental contract that contains a provision to permit
the accelerated payment of benefits as authorized under section 60A.06,
subdivision 1, clause (4), must contain the following disclosure: "This is
a life insurance policy which pays accelerated death benefits at your option
under conditions specified in the policy. This policy is not a long-term care
policy meeting the requirements of sections 62A.46 to 62A.56 or chapter
62S."
Subd.
4. Long-term care expenses. If
the right to receive accelerated benefits is contingent upon the insured
receiving long-term care services, the contract or supplemental contract shall
include the following provisions:
(1)
the minimum accelerated benefit shall be $1,200 per month if the insured is
receiving nursing facility services and $750 per month if the insured is
receiving home services with a minimum lifetime benefit limit of $50,000;
(2)
coverage is effective immediately and benefits shall commence with the receipt
of services as defined in section 62A.46, subdivision 3, 4, or 5, or 62S.01,
subdivision 25, but may include a waiting period of not more than 90 days,
provided that no more than one waiting period may be required per benefit
period as defined in section 62A.46, subdivision 11;
(3)
premium shall be waived during any period in which benefits are being paid to
the insured during confinement to a nursing home facility;
(4)
coverage may not be canceled or renewal refused except on the grounds of
nonpayment of premium;
(5)
coverage must include preexisting conditions during the first six months of
coverage if the insured was not diagnosed or treated for the particular
condition during the 90 days immediately preceding the effective date of
coverage;
(6)
coverage must include mental or nervous disorders which have a demonstrable
organic cause such as Alzheimer's and related dementias;
(7)
no prior hospitalization requirement shall be allowed unless a similar requirement
is allowed by section 62A.48, subdivision 1, or 62S.06; and
(8)
the contract shall include a cancellation provision that meets the requirements
of section 62A.50, subdivision 2, or 62S.07.
Subd.
5. Exclusion. Subdivision 4 does
not apply to contracts or supplemental contracts granting the right to receive
accelerated benefits if (1) one of the options for payment provides for
lump-sum payment; (2) no conditions or restrictions are imposed on the use of
the funds by the insured; and (3) the offeree or insured is given written
notice at the time the contract or supplemental contract is offered or sold
that (i) Minnesota law sets minimum requirements for life insurance contracts
where the right to receive accelerated benefits is contingent upon the insured
receiving long-term care services, and (ii) the contract or supplemental
contract being offered or sold does not meet those minimum requirements.
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2237
Subd.
6. Accelerated benefits Definitions.
(a) "Accelerated benefits" covered under this section are benefits
payable under the life insurance contract:
(1) to
a policyholder or certificate holder, during the lifetime of the insured, in
the anticipation of death or upon the occurrence of a specified
life-threatening or catastrophic condition as defined by the policy or rider;
(2)
that reduce the death benefit otherwise payable under the life insurance
contract; and
(3)
that are payable upon the occurrence of a single qualifying event that results
in the payment of a benefit amount fixed at the time of acceleration.
(b)
"Qualifying event" means one or more of the following:
(1) a
medical condition that would result in a drastically limited life span as
specified in the contract;
(2) a
medical condition that has required or requires extraordinary medical
intervention, such as, but not limited to, major organ transplant or continuous
artificial life support without which the insured would die;
(3) a
condition that usually requires continuous confinement in an eligible
institution as defined in the contract if the insured is expected to remain
there for the rest of the insured's life;
(4) a long-term
care illness or physical condition that results in cognitive impairment or the
inability to perform the activities of daily life or the substantial and
material duties of any occupation medical condition that would, in the
absence of extensive or extraordinary medical treatment, result in a
drastically limited life span. Such conditions may include, but are not limited
to, one or more of the following:
(i)
coronary artery disease resulting in an acute infarction or requiring surgery;
(ii)
permanent neurological deficit resulting from cerebral vascular accident;
(iii)
end stage renal failure;
(iv)
Acquired Immune Deficiency Syndrome; or
(v)
other medical conditions that the commissioner shall approve for any particular
filing; or
(5)
other qualifying events that the commissioner approves for a particular filing.
Subd.
2. Type of product. Accelerated
benefit riders and life insurance policies with accelerated benefit provisions
are primarily mortality risks rather than morbidity risks. They are life
insurance benefits subject to this chapter.
Subd.
3. Assignee or beneficiary. Before
paying the accelerated benefit, the insurer is required to obtain from an
assignee or irrevocable beneficiary a signed acknowledgment of concurrence for
payout. If the insurer making the accelerated benefit is itself the assignee
under the policy, no acknowledgment is required.
Subd.
4. Criteria for payment. (a)
Contract payment options shall include the option to take the benefit as a lump
sum. The benefit shall not be made available as an annuity contingent upon the
life of the insured.
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2238
(b)
No restrictions are permitted on the use of the proceeds.
(c)
If any death benefit remains after payment of an accelerated benefit, the
accidental death benefit provision, if any, in the policy or rider shall not be
affected by the payment of the accelerated benefit.
Subd.
5. Disclosures. (a) The
terminology "accelerated benefit" shall be included in the
descriptive title. Products regulated under this section shall not be described
or marketed as long-term care insurance or as providing long-term care
benefits.
(b)
A disclosure statement is required at the time of application for the policy or
rider and at the time the accelerated benefit payment request is submitted that
receipt of these accelerated benefits may be taxable and that assistance should
be sought from a personal tax advisor. The disclosure statement shall be
prominently displayed on the first page of the policy or rider and any other
related documents.
(c)(1)
A written disclosure including, but not necessarily limited to, a brief
description of the accelerated benefit and definitions of the conditions or
occurrences triggering payment of the benefits shall be given to the applicant.
The description shall include an explanation of any effect of the payment of a
benefit on the policy's cash value, accumulation account, death benefit,
premium, policy loans, and policy liens.
(i)
In the case of agent solicited insurance, the agent shall provide the
disclosure form to the applicant prior to or concurrently with the application.
Acknowledgment of the disclosure shall be signed by the applicant and writing
agent.
(ii)
In the case of a solicitation by direct response methods, the insurer shall
provide the disclosure form to the applicant at the time the policy is
delivered, with a notice that a full premium refund shall be received if the
policy is returned to the company within the free look period.
(iii)
In the case of group insurance policies, the disclosure form shall be contained
as part of the certificate of coverage or any related document furnished by the
insurer for the certificate holder.
(2)
If there is a premium or cost of insurance charge, the insurer shall give the
applicant a generic illustration numerically demonstrating any effect of the
payment of a benefit on the policy's cash value, accumulation account, death
benefit, premium, policy loans, and policy liens.
(i)
In the case of agent-solicited insurance, the agent shall provide the
illustration to the applicant prior to or concurrently with the application.
(ii)
In the case of a solicitation by direct response methods, the insurer shall
provide the illustration to the applicant at the time the policy is delivered.
(iii)
In the case of group insurance policies, the disclosure form shall be contained
as part of the certificate of coverage or any related document furnished by the
insurer for the certificate holder.
(3)
Disclosure of premium charge.
(i)
An insurer with financing options other than as described in subdivision 9,
paragraph (a), clauses (2) and (3), shall disclose to the policy owner any
premium or cost of insurance charge for the accelerated benefit. The insurer
shall make a reasonable effort to assure that the certificate holder is aware
of any additional premium or cost of insurance charge if the certificate holder
is required to pay a charge.
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2239
(ii)
An insurer shall furnish an actuarial demonstration to the state insurance
department when filing the product disclosing the method of arriving at its
cost for the accelerated benefit.
(4)
The insurer shall disclose to the policy owner any administrative expense
charge. The insurer shall make a reasonable effort to assure that the
certificate holder is aware of any administrative expense charge if the
certificate holder is required to pay the charge.
(d)
When a policy owner or certificate holder requests an acceleration, the insurer
shall send a statement to the policy owner or certificate holder and
irrevocable beneficiary showing any effect that the payment of the accelerated
benefit will have on the policy's cash value, accumulation account, death
benefit, premium, policy loans, and policy liens. The statement shall disclose
that receipt of accelerated benefit payments may adversely affect the
recipient's eligibility for Medicaid or other government benefits or
entitlements. In addition, receipt of an accelerated benefit payment may be
taxable and assistance should be sought from a personal tax advisor. When a
previous disclosure statement becomes invalid as a result of an acceleration of
the death benefit, the insurer shall send a revised disclosure statement to the
policy owner or certificate holder and irrevocable beneficiary. When the
insurer agrees to accelerate death benefits, the insurer shall issue an amended
schedule page to the policy holder or notify the certificate holder under a
group policy to reflect any new reduced in-force face amount of the contract.
Subd.
6. Effective date of accelerated benefits.
The accelerated benefit provision shall be effective for accidents on the
effective date of the policy or rider. The accelerated benefit provision shall
be effective for illness no more than 30 days following the effective date of
the policy or rider.
Subd.
7. Waiver of premiums. The
insurer may offer a waiver of premium for the accelerated benefit provision in
the absence of a regular waiver of premium provision being in effect. At the
time the benefit is claimed, the insurer shall explain any continuing premium
requirement to keep the policy in force.
Subd.
8. Discrimination. An insurer
shall not unfairly discriminate among insureds with differing qualifying events
covered under the policy or among insureds with similar qualifying events
covered under the policy. An insurer shall not apply further conditions on the
payment of the accelerated benefits other than those conditions specified in
the policy or rider.
Subd.
9. Actuarial standards. (a) The
issuer may use the following financing options:
(1)
requiring a premium charge or cost of insurance charge for the accelerated
benefit. This charge shall be based on sound actuarial principles. In the case of
group insurance, the additional cost may also be reflected in the experience
rating.
(2)
paying a present value of the face amount. The calculation shall be based on
any applicable actuarial discount appropriate to the policy design. The
interest rate or interest rate methodology used in the calculation shall be
based on sound actuarial principles and disclosed in the contract or actuarial
memorandum. The maximum interest rate used shall be no greater than the greater
of:
(i)
current yield on 90-day treasury bills; or
(ii)
current maximum statutory adjustable policy loan interest rate.
(3)
The insurer may accrue an interest charge on the amount of the accelerated
benefits. The interest rate or interest rate methodology used in the
calculation shall be based on sound actuarial principles and disclosed in the
contract or actuarial memorandum. The maximum interest rate shall be no greater
than the greater of:
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2240
(i)
current yield on 90-day treasury bills; or
(ii)
current maximum statutory adjustable policy loan interest rate.
The
interest rate accrued on the portion of the lien that is equal in amount to the
cash value of the contract at the time of the benefit acceleration shall be no
more than the policy loan interest rate stated in the contract.
(b)(1)
Except as provided in clause (2), when an accelerated benefit is payable, there
shall be no more than a pro rata reduction in the cash value based on the percentage
of death benefits accelerated to produce the accelerated benefit payment.
(2)
Alternatively, the payment of accelerated benefits, any administrative expense
charges, any future premiums, and any accrued interest can be considered a lien
against the death benefit of the policy or rider and the access to the cash
value may be restricted to any excess of the cash value over the sum of any
other outstanding loans and the lien. Future access to additional policy loans
could also be limited to any excess of the cash value over the sum of the lien
and any other outstanding policy loans.
(c)
When payment of an accelerated benefit results in a pro rata reduction in the
cash value, the payment may not be applied toward repaying an amount greater
than a pro rata portion of any outstanding policy loans.
Subd.
10. Actuarial disclosure and reserves.
(a) A qualified actuary should describe the accelerated benefits, the risks,
the expected costs, and the calculation of statutory reserved in an actuarial
memorandum accompanying each state filing. The insurer shall maintain in its
files descriptions of the bases and procedures used to calculate benefits
payable under these provisions. These descriptions shall be made available for
examination by the commissioner upon request.
(b)(1)
When benefits are provided through the acceleration of benefits under group or
individual life policies or riders to such policies, policy reserves shall be
determined in accordance with the Standard Valuation Law. All valuation assumptions
used in constructing the reserves shall be determined as appropriate for
statutory valuation purposes by a member in good standing of the American
Academy of Actuaries. Mortality tables and interest currently recognized for
life insurance reserves by the National Association of Insurance Commissioners
(NAIC) may be used as well as appropriate assumptions for the other provisions
incorporated in the policy form. The actuary shall follow both actuarial
standards and certification for good and sufficient reserves. Reserves in the
aggregate should be sufficient to cover:
(i)
policies upon which no claim has yet arisen; and
(ii)
policies upon which an accelerated claim has arisen.
(2)
For policies and certificates that provide actuarially equivalent benefits, no
additional reserves need to be established.
(3)
Policy liens and policy loans, including accrued interest, represent assets of
the company for statutory reporting purposes. For a policy on which the policy
lien exceeds the policy's statutory reserve liability, the excess shall be held
as a nonadmitted asset.
Subd.
11. Filing requirement. The
filing and prior approval of forms containing an accelerated benefit is
required."
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2241
Page
4, line 18, delete "(b)" and insert "(c)"
Page
5, line 29, delete "qualified" and insert "appointed"
Page
6, line 7, delete "qualified" and insert "appointed"
Page
19, after line 12, insert:
"Sec.
16. Minnesota Statutes 2006, section 62E.12, is amended to read:
62E.12 MINIMUM BENEFITS OF COMPREHENSIVE
HEALTH INSURANCE PLAN.
(a)
The association through its comprehensive health insurance plan shall offer
policies which provide the benefits of a number one qualified plan and a number
two qualified plan, except that the maximum lifetime benefit on these plans
shall be $2,800,000 $5,000,000; and an extended basic Medicare
supplement plan and a basic Medicare supplement plan as described in sections
62A.3099 to 62A.44. The association may also offer a plan that is identical to
a number one and number two qualified plan except that it has a $2,000 annual
deductible and a $2,800,000 $5,000,000 maximum lifetime benefit.
The association, subject to the approval of the commissioner, may also offer
plans that are identical to the number one or number two qualified plan, except
that they have annual deductibles of $5,000 and $10,000, respectively; have
limitations on total annual out-of-pocket expenses equal to those annual
deductibles and therefore cover 100 percent of the allowable cost of covered
services in excess of those annual deductibles; and have a $2,800,000
$5,000,000 maximum lifetime benefit. The association, subject to approval
of the commissioner, may also offer plans that meet all other requirements of
state law except those that are inconsistent with high deductible health plans
as defined in sections 220 and 223 of the Internal Revenue Code and supporting
regulations. As of January 1, 2006, the association shall no longer be required
to offer an extended basic Medicare supplement plan.
(b)
The requirement that a policy issued by the association must be a qualified
plan is satisfied if the association contracts with a preferred provider
network and the level of benefits for services provided within the network
satisfies the requirements of a qualified plan. If the association uses a
preferred provider network, payments to nonparticipating providers must meet
the minimum requirements of section 72A.20, subdivision 15.
(c)
The association shall offer health maintenance organization contracts in those
areas of the state where a health maintenance organization has agreed to make
the coverage available and has been selected as a writing carrier.
(d)
Notwithstanding the provisions of section 62E.06 and unless those charges are
billed by a provider that is part of the association's preferred provider
network, the state plan shall exclude coverage of services of a private duty
nurse other than on an inpatient basis and any charges for treatment in a
hospital located outside of the state of Minnesota in which the covered person
is receiving treatment for a mental or nervous disorder, unless similar
treatment for the mental or nervous disorder is medically necessary,
unavailable in Minnesota and provided upon referral by a licensed Minnesota
medical practitioner.
Sec.
17. Minnesota Statutes 2006, section 62S.23, subdivision 1, is amended to read:
Subdivision
1. Inflation protection feature. (a)
No insurer may offer a long-term care insurance policy unless the insurer
also offers to the policyholder, in addition to any other inflation protection,
the option to purchase a policy that provides for benefit levels to increase
with benefit maximums or reasonable durations which are
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2242
meaningful to account for
reasonably anticipated increases in the costs of long-term care services
covered by the policy. In addition to other options that may be offered,
insurers must offer to each policyholder, at the time of purchase, the option
to purchase a policy with an inflation protection feature no less favorable
than one of the following:
(1)
increases benefit levels annually in a manner so that the increases are
compounded annually at a rate not less than five percent;
(2)
guarantees the insured individual the right to periodically increase benefit
levels without providing evidence of insurability or health status so long as
the option for the previous period has not been declined. The amount of the
additional benefit shall be no less than the difference between the existing
policy benefit and that benefit compounded annually at a rate of at least five
percent for the period beginning with the purchase of the existing benefit and
extending until the year in which the offer is made; or
(3)
covers a specified percentage of actual or reasonable charges and does not
include a maximum specified indemnity amount or limit.
(b)
A long-term care partnership policy must provide the inflation protection
described in this subdivision. If the policy is sold to an individual who:
(1)
has not attained age 61 as of the date of purchase, the policy must provide
compound annual inflation protection;
(2)
has attained age 61, but has not attained age 76 as of such date, the policy
must provide some level of inflation protection; and
(3)
has attained the age of 76 as of such date, the policy may, but is not required
to, provide some level of inflation protection."
Page
20, after line 21, insert:
"Sec.
22. EFFECTIVE DATE; APPLICATION.
Sections
5 to 14 and section 18 are effective January 1, 2008, and apply to policies
issued on or after that date."
Renumber
the sections in sequence and correct internal references
Amend
the title as follows:
Page
1, line 2, after the second semicolon, insert "regulating life policies
with accelerated benefits;"
Page
1, line 7, after the first semicolon, insert "providing for inflation
protection in long-term care partnership policies; providing minimum
comprehensive health insurance plan benefits;"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2243
Rukavina
from the Higher Education and Work Force Development Policy and Finance
Division to which was referred:
H. F.
No. 2310, A bill for an act relating to unemployment insurance; modifying
Social Security offset provisions; amending Minnesota Statutes 2006, section
268.085, subdivision 4.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 268.085, subdivision 4, is amended to read:
Subd.
4. Social Security benefits. (a) Any
applicant aged 62 or over shall be is required to state when
filing an application for unemployment benefits and when filing continued biweekly
requests for unemployment benefits whether if the applicant is
receiving, has filed for, or intends to file for, primary Social Security old
age benefits for any week during the benefit year.
If
the effective date of the applicant's Social Security claim for old age
benefits is, or will be, after the start of the base period, there shall must
be deducted from an applicant's weekly unemployment benefit amount 50 percent
of the weekly equivalent of the primary Social Security old age benefit the applicant
has received, has filed for, or intends to file for, with respect to that week.
If
the effective date of the applicant's Social Security claim for old age
benefits is before the start of the base period, there is no deduction from the
applicant's weekly unemployment benefit amount.
(b) An
applicant who is receiving, has received, or has filed for primary Social
Security disability benefits for any week during the benefit year shall
must be determined unable to work and unavailable for suitable employment
for that week, unless:
(1)
the Social Security Administration approved the collecting of primary Social
Security disability benefits each month the applicant was employed during the
base period; or
(2)
the applicant provides a statement from an appropriate health care professional
who is aware of the applicant's Social Security disability claim and the basis
for that claim, certifying that the applicant is able to work and available for
suitable employment.
If an
applicant meets the requirements of clause (1) or there is no
deduction from the applicant's weekly benefit amount for any Social Security
disability benefits. If only clause (2) applies, then there shall
must be deducted from the applicant's weekly unemployment benefit amount 50
percent of the weekly equivalent of the primary Social Security disability
benefits the applicant is receiving, has received, or has filed for, with
respect to that week; provided, however, that if the Social Security
Administration determines that an individual is not entitled to receive primary
Social Security disability benefits for any week the applicant has applied for
those benefits, the 50 percent deduction shall does not apply to
that week.
(c)
Information from the Social Security Administration shall be is
considered conclusive, absent specific evidence showing that the information
was erroneous.
(d) If
the computation of the reduced unemployment benefits is not a whole dollar, it shall
be is rounded down to the next lower whole dollar.
Journal of the House - 40th
Day - Thursday, March 29, 2007 - Top of Page 2244
(e)
This subdivision does not apply to Social Security survivor benefits.
EFFECTIVE DATE. This section is
effective for unemployment insurance benefit accounts filed effective on or
after July 1, 2007."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Pursuant to Joint Rule 2.03 and in accordance with House
Concurrent Resolution No. 1, H. F. No. 2310 was re‑referred to the
Committee on Rules and Legislative Administration.
Thissen
from the Committee on Health and Human Services to which was referred:
S. F.
No. 26, A bill for an act relating to health occupations; extending the
expiration dates for the Board of Medical Practices' advisory councils;
amending Minnesota Statutes 2006, sections 147A.27, subdivision 2; 147B.05,
subdivision 2; 147C.35, subdivision 2; 147D.25, subdivision 2; 214.32,
subdivision 1.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to read:
Subd.
5. Examination for individual operating
x-ray equipment. After January 1, 1997, an individual in a facility with
x-ray equipment for use on humans that is registered under subdivision 1 may
not operate, nor may the facility allow the individual to operate, x-ray
equipment unless the individual has passed an examination approved by the
commissioner of health, or an examination determined to the satisfaction of the
commissioner of health to be an equivalent national, state, or regional
examination, that demonstrates the individual's knowledge of basic radiation
safety, proper use of x-ray equipment, darkroom and film processing, and
quality assurance procedures. The commissioner shall establish by rule criteria
for the approval of examinations required for an individual operating an x-ray
machine in Minnesota. (a) After January 1, 2008, an individual in a
facility with x-ray equipment for use on humans that is registered under
subdivision 1 may not operate, nor may the facility allow the individual to
operate, x-ray equipment unless the individual has passed a national
examination determined to the satisfaction of the commissioner of health. The
commissioner shall establish by rule criteria for the approval of examinations
based on national standards, such as the examination in radiography from the
American Registry of Radiologic Technologists, the examination for limited
scope of practice in radiography from the American Registry of Radiologic
Technologists for limited x-ray machine operators, and the American Registry of
Chiropractic Radiography Technologists for limited radiography in spines and
extremities; or equivalent examinations approved by other states. Equivalent
examinations are to be determined by the commissioner, and must be consistent
with the standards for educational and psychological testing as recommended by
the American Education Research Association, the American Psychological
Association, the National Council on Measurement in Education, or the National
Commission for Certifying Agencies. Any costs incurred in determining the
extent to which examinations meet the examining standards of this subdivision
shall be paid by the individual or organization proposing the use of such
examination. The commissioner shall issue a certificate to examinees who pass
an approved examination.
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(b) Individuals who have met
current regulations to operate x-ray equipment prior to January 1, 2008, in a
facility with x-ray equipment for use on humans that is registered under
subdivision 1 shall not be required to take a national examination as required
in paragraph (a).
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 2. Minnesota Statutes
2006, section 144.121, is amended by adding a subdivision to read:
Subd. 5a. Limited x-ray machine operator examination. The examination
for limited x-ray machine operators shall include, but not be limited to:
(1) radiation protection,
equipment maintenance and operation, image production and evaluation, patient
care and management; and
(2) at least one of the
following regions of the human anatomy: chest, extremities, skull and sinus,
spine, or ankle and foot. These examinations must include the anatomy of, and
position for, the specific regions.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 3. Minnesota Statutes
2006, section 144.121, is amended by adding a subdivision to read:
Subd. 5b. Limited x-ray machine operator practice. A limited x-ray
operator may practice medical radiography on limited regions of the human
anatomy for which they have successfully passed an examination outlined in
subdivision 5a. The operator may practice using only routine radiographic
procedures, for the interpretation by and under the direction of a licensed
practitioner, excluding computed tomography, the use of contrast media, and the
use of fluoroscopic or mammographic equipment.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 4. Minnesota Statutes
2006, section 144.121, is amended by adding a subdivision to read:
Subd. 5c. Exemptions. X-ray machine operators who have met current
regulations adopted by the commissioner prior to January 1, 2008, are exempt
from the requirements of subdivisions 5 to 5e, but must meet the continuing
education requirements provided in subdivision 5f. Subdivisions 5 to 5f do not
apply to dental hygienists, dental assistants, certified registered nurse
anesthetists, and individuals that are licensed in the state of Minnesota to
practice medicine, osteopathy, chiropractics, podiatry, and dentistry.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 5. Minnesota Statutes
2006, section 144.121, is amended by adding a subdivision to read:
Subd. 5d. Procedures. The commissioner shall adopt by rule
procedures to be followed for examinations.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 6. Minnesota Statutes
2006, section 144.121, is amended by adding a subdivision to read:
Subd.
5e. Variance of scope and practice. The
commissioner may grant a variance according to Minnesota Rules, parts 4717.7000
to 4717.7050, to a facility for the scope of practice of an x-ray operator in
cases where the delivery of health care would otherwise be compromised if a
variance were not granted. The request for a variance must be in writing, state
the circumstances that constitute hardship, state the period of time the
facility wishes to
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have the variance for the
scope of practice in place, and state the alternative measures that will be
taken if the variance is granted. The commissioner shall set forth in writing
the reasons for granting or denying the variance. Variances granted by the
commissioner specify in writing the time limitation and required alternative measures
to be taken by the facility. A request for the variance shall be denied if the
commissioner finds the circumstances stated by the facility do not support a
claim of hardship, the requested time period for the variance is unreasonable,
the alternative measures proposed by the facility are not equivalent to the
scope of practice, or the request for the variance is not submitted to the
commissioner in a timely manner.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec.
7. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
to read:
Subd.
5f. Continuing education requirements.
The commissioner shall approve continuing education programs for limited
x-ray operators that offer x-ray-specific courses including, but not limited
to, courses offered online. A limited x-ray operator shall complete four hours
of continuing education during every two-year period and pay a $20 fee every
two years in order to remain certified. The first two-year period ends January
1, 2010. A limited x-ray operator who is out of compliance shall be given three
months to comply with this subdivision. After that three-month period, an
individual who is out of compliance shall be required to take an examination,
as provided in subdivision 5, in order to be recertified.
Sec.
8. Minnesota Statutes 2006, section 147.037, subdivision 1, is amended to read:
Subdivision
1. Requirements. The board shall
issue a license to practice medicine to any person who satisfies the
requirements in paragraphs (a) to (g).
(a)
The applicant shall satisfy all the requirements established in section 147.02,
subdivision 1, paragraphs (a), (e), (f), (g), and (h).
(b)
The applicant shall present evidence satisfactory to the board that the applicant
is a graduate of a medical or osteopathic school approved by the board as
equivalent to accredited United States or Canadian schools based upon its
faculty, curriculum, facilities, accreditation, or other relevant data. If the
applicant is a graduate of a medical or osteopathic program that is not
accredited by the Liaison Committee for Medical Education or the American
Osteopathic Association, the applicant must may use the
Federation of State Medical Boards' Federation Credentials Verification Service
(FCVS) or its successor. If the applicant uses this service as required
allowed under this paragraph, the physician application fee may be less
than $200 but must not exceed the cost of administering this paragraph.
(c)
The applicant shall present evidence satisfactory to the board that the
applicant has been awarded a certificate by the Educational Council for Foreign
Medical Graduates, and the applicant has a working ability in the English
language sufficient to communicate with patients and physicians and to engage
in the practice of medicine.
(d)
The applicant shall present evidence satisfactory to the board of the
completion of two years of graduate, clinical medical training in a program
located in the United States, its territories, or Canada and accredited by a
national accrediting organization approved by the board. This requirement does
not apply:
(1) to
an applicant who is admitted as a permanent immigrant to the United States on
or before October 1, 1991, as a person of exceptional ability in the sciences
according to Code of Federal Regulations, title 20, section 656.22(d);
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(2) to
an applicant holding a valid license to practice medicine in another country and
issued a permanent immigrant visa after October 1, 1991, as a person of
extraordinary ability in the field of science or as an outstanding professor or
researcher according to Code of Federal Regulations, title 8, section 204.5(h)
and (i), or a temporary nonimmigrant visa as a person of extraordinary ability
in the field of science according to Code of Federal Regulations, title 8,
section 214.2(o),
provided that a person under
clause (1) or (2) is admitted pursuant to rules of the United States Department
of Labor; or
(3) to
an applicant who is licensed in another state, has practiced five years without
disciplinary action in the United States, its territories, or Canada, has
completed one year of the graduate, clinical medical training required by this
paragraph, and has passed the Special Purpose Examination of the Federation of
State Medical Boards within three attempts in the 24 months before licensing.
(e)
The applicant must:
(1)
have passed an examination prepared and graded by the Federation of State
Medical Boards, the United States Medical Licensing Examination program in
accordance with section 147.02, subdivision 1, paragraph (c), clause (2), or
the Medical Council of Canada; and
(2)
have a current license from the equivalent licensing agency in another state or
country and, if the examination in clause (1) was passed more than ten years
ago, either:
(i)
pass the Special Purpose Examination of the Federation of State Medical Boards
with a score of 75 or better within three attempts; or
(ii)
have a current certification by a specialty board of the American Board of
Medical Specialties, of the American Osteopathic Association Bureau of
Professional Education, of the Royal College of Physicians and Surgeons of
Canada, or of the College of Family Physicians of Canada.
(f)
The applicant must not be under license suspension or revocation by the
licensing board of the state or jurisdiction in which the conduct that caused
the suspension or revocation occurred.
(g)
The applicant must not have engaged in conduct warranting disciplinary action
against a licensee, or have been subject to disciplinary action other than as
specified in paragraph (f). If an applicant does not satisfy the requirements
stated in this paragraph, the board may issue a license only on the applicant's
showing that the public will be protected through issuance of a license with
conditions or limitations the board considers appropriate.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
9. Minnesota Statutes 2006, section 147A.27, subdivision 2, is amended to read:
Subd.
2. Organization. The council shall
be organized and administered under section 15.059, except that the advisory
council shall expire on June 30, 2007.
Sec.
10. Minnesota Statutes 2006, section 147B.05, subdivision 2, is amended to
read:
Subd.
2. Administration; compensation;
removal; quorum. The advisory council is governed by section 15.059,
except that the council does not expire until June 30, 2007.
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Sec. 11. Minnesota Statutes
2006, section 147C.35, subdivision 2, is amended to read:
Subd. 2. Organization. The advisory council
shall be organized and administered under section 15.059. The council
expires June 30, 2007.
Sec. 12. Minnesota Statutes
2006, section 147D.25, subdivision 2, is amended to read:
Subd. 2. Organization. The advisory council
shall be organized and administered under section 15.059. The council
expires June 30, 2007.
Sec. 13. Minnesota Statutes
2006, section 148.515, subdivision 2, is amended to read:
Subd. 2. Master's or doctoral degree required for
speech-language pathology applicants. (a) An applicant for
speech-language pathology must possess a master's or doctoral degree that
meets the requirements of paragraph (b). If completing a doctoral program in
which a master's degree has not been conferred, an applicant must submit a
transcript showing or letter from the academic department chair
evidencing completion of course work coursework equivalent
to, or exceeding, a master's degree that meets the requirement of paragraph
(b).
(b) All of the
speech-language pathology applicant's graduate coursework and clinical
practicum required in the professional area for which licensure is sought must
have been initiated and completed at an institution whose program meets the
current requirements and was accredited by the Educational Standards Board of
the Council on Academic Accreditation in Audiology and Speech-Language Pathology,
a body recognized by the United States Department of Education, or an
equivalent as determined by the commissioner, in the area for which licensure
is sought.
Sec. 14. Minnesota Statutes
2006, section 148.515, is amended by adding a subdivision to read:
Subd. 2a. Masters or doctoral degree required for audiology applicants.
An applicant for audiology must possess a masters degree or doctoral degree
that meets the following requirements:
(1) if graduate training is
completed prior to August 30, 2007, an audiology applicant must possess a
masters or doctoral degree in audiology from an accredited educational
institution; or
(2) if graduate training is
completed after August 30, 2007, an audiology applicant must possess a doctoral
degree with an emphasis in audiology, or its equivalent as determined by the
commissioner, from an accredited educational institution.
Sec. 15. Minnesota Statutes
2006, section 148.65, subdivision 2, is amended to read:
Subd. 2. Physical therapist. "Physical
therapist" means a person licensed by the board who practices
physical therapy as defined in sections 148.65 to 148.78.
Sec. 16. Minnesota Statutes
2006, section 148.65, subdivision 3, is amended to read:
Subd. 3. Physical therapist assistant.
"Physical therapist assistant" means a graduate of a physical
therapist assistant educational program accredited by the Commission on
Accreditation in Physical Therapy Education (CAPTE) or a recognized comparable
national accrediting agency approved by the board. The physical therapist
assistant, person licensed by the board who provides physical therapy under
the direction and supervision of the a physical therapist, and
who performs physical therapy interventions and assists with coordination,
communication, and documentation;, and
patient-client-related instruction. The physical therapist is not required
to be on-site except as required under Minnesota Rules, part 5601.1500, but
must be easily available by telecommunications.
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Sec.
17. Minnesota Statutes 2006, section 148.65, is amended by adding a subdivision
to read:
Subd.
8. Licensee. "Licensee"
means a person licensed as a physical therapist or a physical therapist
assistant.
Sec.
18. Minnesota Statutes 2006, section 148.67, subdivision 1, is amended to read:
Subdivision
1. Board of Physical Therapy appointed.
The governor shall appoint a state Board of Physical Therapy to administer
sections 148.65 to 148.78, regarding the qualifications and examination of
physical therapists and physical therapist assistants. The board shall
consist of nine members, citizens and residents of the state of Minnesota,
composed of four five physical therapists, one licensed and
registered doctor of medicine, one two physical therapy
assistant therapist assistants, and three public members. The four
physical therapist members and the physical therapist assistant members must
be licensed physical therapists in this state. Each of the four
physical therapist members must and have at least five years'
experience in physical therapy practice, physical therapy administration, or
physical therapy education. The five years' experience must immediately precede
appointment. Membership terms, compensation of members, removal of members,
filling of membership vacancies, and fiscal year and reporting requirements
shall be as provided in sections 214.07 to 214.09. The provision of staff,
administrative services, and office space; the review and processing of
complaints; the setting of board fees; and other provisions relating to board
operations shall be as provided in chapter 214. Each member of the board shall
file with the secretary of state the constitutional oath of office before
beginning the term of office.
Sec.
19. Minnesota Statutes 2006, section 148.70, is amended to read:
148.70 APPLICANTS, QUALIFICATIONS.
The
Board of Physical Therapy must:
(1)
establish the qualifications of applicants for licensing and continuing
education requirements for relicensing renewal of licensure;
(2)
provide for and conduct all examinations following satisfactory completion of
all didactic requirements;
(3)
determine the applicants who successfully pass the examination; and
(4)
duly license an applicant after the applicant has presented evidence
satisfactory to the board that the applicant has completed an accredited
physical therapy educational program of education or continuing education
approved by the board met all requirements for licensure as a physical
therapist or physical therapist assistant.
The
passing score for examinations taken after July 1, 1995, shall be based on
objective, numerical standards, as established by a nationally recognized board
approved testing service.
Sec.
20. Minnesota Statutes 2006, section 148.705, is amended to read:
148.705 APPLICATION.
Subdivision
1. Form; fee. An applicant for licensing
licensure as a physical therapist or physical therapist assistant shall
file submit a written application on forms provided by the board
together with a the appropriate fee in the amount set by the
board. No portion of the fee is refundable. No applicant will be approved to
sit for the national examination until the application is complete, as
determined by the board.
An
approved program for physical therapists shall include the following:
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(1) a minimum of 60 academic
semester credits or its equivalent from an accredited college, including
courses in the biological and physical sciences; and
(2) an accredited course in
physical therapy education which has provided adequate instruction in the basic
sciences, clinical sciences, and physical therapy theory and procedures, as
determined by the board. In determining whether or not a course in physical
therapy is approved, the board may take into consideration the accreditation of
such schools by the appropriate council of the American Medical Association,
the American Physical Therapy Association, or the Canadian Medical Association.
Subd. 2. Contents of application. (a) The application must include
the following information:
(1) evidence satisfactory to
the board that the applicant has met the educational requirements of section
148.721 or 148.722 as demonstrated by a certified copy of a transcript;
(2) recommendations by two
physical therapists registered or licensed to practice physical therapy in the
United States or Canada attesting to the applicant's ethical and moral
character;
(3) a recent full-face
photograph of the applicant attached to the application with the affidavit on
the form completed and notarized;
(4) a record of the
applicant's high school, college, and board-approved physical therapy school
education listing the names, locations, dates of attendance, and diplomas,
degrees, or certificates awarded;
(5) a record of the
applicant's postgraduate work and military service;
(6) a listing of the United
States jurisdictions, and countries in which the applicant is currently
licensed or registered, or has been in the past, including the applicant's
license or registration certificate number, the date the license or
registration was obtained, and the method by which the license or registration
was received;
(7) a record of the
applicant's current and previous physical therapy practice experience;
(8) a record of disciplinary
action taken on past complaints, refusal of licensure or registration, or
denial of examination eligibility by another state board or physical therapy
society against the applicant;
(9) a record of the
applicant's personal use or administration of any controlled substances and any
treatment for alcohol or drug abuse;
(10) a record by the
applicant of any disease, illness, or injury that impairs the applicant's
ability to practice physical therapy;
(11) a record of any
convictions for crimes related to the practice of physical therapy, felonies,
gross misdemeanors, and crimes involving moral turpitude;
(12) a listing of any
memberships in a physical therapy professional association;
(13) the applicant's name
and address;
(14) the applicant's Social
Security number, alien registration card number, or tax identification number,
whichever is applicable;
(15) completed copies of
credentials verification forms provided by the board; and
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(16) any information deemed
necessary by the board to evaluate the applicant.
(b) A person who has
previously practiced in another state shall submit the following information
for the five-year period of active practice preceding the date of filing
application in this state:
(1) the name and address of
the person's professional liability insurer in the other state; and
(2) the number, date, and
disposition of any malpractice settlement or award made to a plaintiff relating
to the quality of services provided.
Sec. 21. Minnesota Statutes
2006, section 148.706, is amended to read:
148.706 SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS,
AIDES, AND STUDENTS.
Subdivision 1. Supervision. Every physical therapist who uses the services
of a physical therapist assistant or physical therapy aide for the purpose of
assisting in the practice of physical therapy is responsible for functions
performed by the assistant or aide while engaged in such assistance. The
physical therapist shall delegate duties to the physical therapist assistant and
assign tasks to the physical therapy aide in accordance with Minnesota
Rules, part 5601.1400 subdivision 2. Physical therapists who
instruct student physical therapists and student physical therapist assistants
are responsible for the functions performed by the students and shall supervise
the students as provided under section 148.65, subdivisions 5 and 6. A
licensed physical therapist may supervise no more than two physical therapist
assistants at any time.
Subd. 2. Delegation of duties. The physical therapist may delegate
patient treatment procedures only to a physical therapist assistant who has
sufficient didactic and clinical preparation. The physical therapist may not
delegate the following activities to the physical therapist assistant or to
other supportive personnel: patient evaluation, treatment planning, initial
treatment, change of treatment, and initial or final documentation.
Subd. 3. Observation of physical therapist assistants. When
components of a patient's treatment are delegated to a physical therapist
assistant, a physical therapist must provide on-site observation of the
treatment and documentation of its appropriateness at least every six treatment
sessions. The physical therapist is not required to be on-site, but must be
easily available by telecommunications.
Subd. 4. Observation of physical therapy aides. The physical
therapist must observe the patient's status before and after the treatment
administered by a physical therapy aide. The physical therapy aide may perform
tasks related to preparation of patient and equipment for treatment,
housekeeping, transportation, clerical duties, departmental maintenance, and
selected treatment procedures. The tasks must be performed under the direct
supervision of a physical therapist who is readily available for advice,
instruction, or immediate assistance.
Sec. 22. Minnesota Statutes
2006, section 148.71, is amended to read:
148.71 LICENSING TEMPORARY PERMITS.
Subdivision 1. Qualified applicant. The state Board of Physical Therapy
shall license as a physical therapist and shall furnish a license to an
applicant who successfully passes an examination provided for in sections
148.65 to 148.78 for licensing as a physical therapist and who is otherwise
qualified as required in sections 148.65 to 148.78.
Subd.
2. Temporary permit Issuance.
(a) The board may, upon completion of the application prescribed by the
board and payment of a fee set by the board, issue a temporary permit to
practice physical therapy under supervision to a physical therapist who is a
graduate of an approved school of physical therapy an applicant for
licensure as a physical therapist or physical therapist assistant who meets the
educational requirements of section
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148.721 or 148.722 and qualified for admission
to examination for licensing as a physical therapist or physical therapist
assistant. A temporary permit to practice physical therapy under
supervision may be issued only once and cannot be renewed. It expires 90
days after the next examination for licensing given by the board or on the date
on which the board, after examination of the applicant, grants or denies the
applicant a license to practice, whichever occurs first. A temporary permit
expires on the first day the board begins its next examination for license
after the permit is issued if the holder does not submit to examination on that
date. The holder of a temporary permit to practice physical therapy
under supervision may practice physical therapy as defined in section 148.65 if
the entire practice is under the supervision of a person holding a valid
license to practice physical therapy in this state. The supervision shall be
direct, immediate, and on premises.
(b) A
physical therapist An applicant from another state who is licensed
or otherwise registered in good standing as a physical therapist by that state
and meets the requirements for licensing under section 148.72 does not require
supervision to practice physical therapy while holding a temporary permit in
this state. The temporary permit remains valid only until the meeting of the
board at which the application for licensing is considered.
Subd.
3. Foreign-trained Foreign-educated
physical therapists; temporary permits. (a) The Board of Physical
Therapy may issue a temporary permit to a foreign-trained foreign-educated
physical therapist who:
(1) is
enrolled in a supervised physical therapy traineeship that meets the requirements
under paragraph (b);
(2)
has completed a physical therapy education program equivalent to that under
section 148.705 and Minnesota Rules, part 5601.0800, subpart 2
148.721, and has provided to the board a Foreign Credentialing Commission on
Physical Therapy (FCCPT) comprehensive credentials evaluation (Type I
certificate) or FCCPT educational credentials review demonstrating completion
of the program;
(3)
has achieved a passing score of at least 550 according to
section 148.725, subdivision 3, on the test of English as a foreign
language or a score of at least 85 on the Minnesota battery test an
alternate equivalent examination, as determined by the board; and
(4)
has paid a nonrefundable fee set by the board.
A foreign-trained
foreign-educated physical therapist must have the temporary permit
before beginning a traineeship.
(b) A
supervised physical therapy traineeship must:
(1) be
at least six months;
(2) be
at a board-approved facility;
(3)
provide a broad base of clinical experience to the foreign-trained foreign-educated
physical therapist including a variety of physical agents, therapeutic
exercises, evaluation procedures, and patient diagnoses;
(4) be
supervised by a physical therapist who has at least three years of clinical experience
and is licensed under subdivision 1; and
(5) be
approved by the board before the foreign-trained foreign-educated physical
therapist begins the traineeship.
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(c) A temporary permit is
effective on the first day of a traineeship and expires 90 days after the next
examination for licensing given by the board following successful completion of
the traineeship or on the date on which the board, after examination of the applicant,
grants or denies the applicant a license to practice, whichever occurs first.
(d) A foreign-trained
foreign-educated physical therapist must successfully complete a
traineeship to be licensed as a physical therapist under subdivision 1. The
traineeship may be waived for a foreign-trained foreign-educated physical
therapist who is licensed or otherwise registered in good standing in another
state and has successfully practiced physical therapy in that state under the
supervision of a licensed or registered physical therapist for at least six
months at a facility that meets the requirements under paragraph (b), clauses
(2) and (3).
(e) A temporary permit will
not be issued to a foreign-trained foreign-educated applicant who
has been issued a temporary permit for longer than six months in any other
state.
Sec. 23. [148.721] EDUCATIONAL REQUIREMENTS FOR
LICENSED PHYSICAL THERAPIST.
Subdivision 1. Accredited program. All applicants for licensure as a
physical therapist must complete a course in physical therapy education
accredited by the Commission on Accreditation in Physical Therapy Education
(CAPTE) or which meets the accreditation requirements of CAPTE, as determined
by the board.
Subd. 2. General education. In addition to completion of the
accredited program required in subdivision 1, applicants must complete an
additional 60 academic semester credits or its quarter equivalent from an
institution of higher education that is accredited by a regional accrediting
organization. Coursework used to satisfy this requirement may not have been
earned as part of the accredited program requirement of subdivision 1.
Sec. 24. [148.722] EDUCATIONAL REQUIREMENTS FOR
LICENSED PHYSICAL THERAPIST ASSISTANT.
All applicants for licensure
as a physical therapist assistant must graduate from a physical therapist
assistant educational program accredited by the Commission on Accreditation in
Physical Therapy Education (CAPTE) or meet its standards, as determined by the
board.
Sec. 25. [148.723] EXAMINATION FOR LICENSED
PHYSICAL THERAPIST.
Subdivision 1. National test. All applicants for licensure as a physical
therapist must take and pass the National Physical Therapy Examination (NPTE)
administered by the Federation of State Boards of Physical Therapy (FSBPT) or
an alternate national examination determined by the board to be equivalent. For
purposes of this section, passing scores are defined in subdivisions 2 and 3.
Subd. 2. Examinations taken on or before July 1, 1995. The passing
score for qualifying examinations taken prior to July 1, 1995, is one standard
deviation below the mean of all persons taking the examination.
Subd. 3. Examinations taken after July 1, 1995. The passing score
for qualifying examinations taken after July 1, 1995, shall be based on
objective, numerical standards established by the administering testing agency.
Sec. 26. [148.724] EXAMINATION FOR LICENSED
PHYSICAL THERAPIST ASSISTANT.
Subdivision 1. National test. All applicants for licensure as a physical
therapist assistant must take and pass the National Physical Therapy
Examination (NPTE) for physical therapist assistants administered by the
Federation of State Boards of Physical Therapy (FSBPT) or an alternate national
examination determined by the board to be equivalent. For purposes of this
section, passing scores are defined in subdivisions 2 to 4.
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Subd.
2. Examinations taken on or before July 1,
1995. The passing score for qualifying examinations taken prior to
July 1, 1995, is one standard deviation below the mean of all persons taking
the examination.
Subd.
3. Examinations taken after July 1, 1995.
The passing score for qualifying examinations taken after July 1, 1995,
shall be based on objective, numerical standards established by the
administering testing agency.
Subd.
4. Grandparenting provision. Applicants
for licensure as a physical therapist assistant who meet the educational
requirements of section 148.722 prior to September 1, 2007, are not required to
take and pass the examination required by this section. This provision expires
on July 1, 2008.
Sec.
27. [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED
APPLICANTS.
Subdivision
1. Scope and documentation. An
applicant for licensure who is a foreign-educated physical therapist must
fulfill the requirements in subdivisions 2 to 5, providing certified English
translations of board-required relevant documentation.
Subd.
2. Education evaluation. The
applicant must present evidence of completion of physical therapy schooling
equivalent to that required in section 148.721 by having a Type I comprehensive
credentials evaluation or educational credentials review performed by the
Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation
must be sent directly to the board from the FCCPT. The applicant shall be
responsible for the expenses incurred as a result of the evaluation.
Subd.
3. English test. If not
completed as part of the FCCPT Type I comprehensive credentials evaluation, the
applicant must demonstrate English language proficiency by taking the test of
English as a foreign language examination (TOEFL) and achieving a passing score
as established by the board, or a passing score on a comparable nationally
recognized examination approved by the board. For purposes of this subdivision,
the passing score adopted by the board shall be applied prospectively.
Subd.
4. Experience. The applicant
must have practiced satisfactorily for at least six months under the
supervision of a licensed physical therapist at a board-approved facility. A
facility that offers such practice must provide a broad base of experience
including a variety of physical agents, therapeutic exercises, evaluation
procedures, and patient diagnoses. Supervision must be provided by a licensed
physical therapist with at least three years of clinical experience. A proposed
outline of clinical experiences must be approved by the board before the
facility begins offering the experience.
Subd.
5. Examination. The applicant
must satisfactorily complete the board-approved examination as stated in
section 148.72 or 148.73.
Sec.
28. Minnesota Statutes 2006, section 148.73, is amended to read:
148.73 RENEWALS.
Every
licensed physical therapist and physical therapist assistant shall, during
each January before January 1 each year, apply to the board for an
extension of a license and pay a fee in the amount set by the board. The
extension of the license is contingent upon demonstration that the continuing
education requirements set by the board under section 148.70 have been
satisfied. For purposes of this section, the continuing education
requirements for physical therapist assistants are the same as those for
physical therapists.
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Sec. 29. Minnesota Statutes
2006, section 148.735, is amended to read:
148.735 CANCELLATION OF LICENSE IN GOOD STANDING.
Subdivision 1. Board approval; reporting. A physical
therapist or physical therapist assistant holding an active license to
practice physical therapy in the state may, upon approval of the board, be
granted license cancellation if the board is not investigating the person as a
result of a complaint or information received or if the board has not begun
disciplinary proceedings against the person. Such action by the board shall be
reported as a cancellation of a license in good standing.
Subd. 2. Fees nonrefundable. A physical
therapist or physical therapist assistant who receives board approval
for license cancellation is not entitled to a refund of any license fees paid
for the licensure year in which cancellation of the license occurred.
Subd. 3. New license after cancellation. If a
physical therapist or physical therapist assistant who has been granted
board approval for license cancellation desires to resume the practice of
physical therapy in Minnesota, that physical therapist or physical therapist
assistant must obtain a new license by applying for licensure and
fulfilling the requirements then in existence for obtaining an initial license
to practice physical therapy in Minnesota.
Sec. 30. Minnesota Statutes
2006, section 148.736, subdivision 1, is amended to read:
Subdivision 1. Board approval; reporting. A physical
therapist, or physical therapist assistant whose right to
practice is under suspension, condition, limitation, qualification, or
restriction by the board may be granted cancellation of credentials by approval
of the board. Such action by the board shall be reported as cancellation while
under discipline. Credentials, for purposes of this section, means board
authorized documentation of the privilege to practice physical therapy.
Sec. 31. Minnesota Statutes
2006, section 148.74, is amended to read:
148.74 RULES.
The board may adopt rules
needed to carry out sections 148.65 to 148.78. The secretary-treasurer of
the board shall keep a record of proceedings under these sections and a
register of all persons licensed under it. The register shall show the name,
address, date and number of the license, and the renewal of the license. Any
other interested person in the state may obtain a copy of the list on request to
the board upon paying an amount fixed by the board. The amount shall not exceed
the cost of the list furnished. The board shall provide blanks, books,
certificates, and stationery and assistance necessary to transact business of
the board. All money received by the board under sections 148.65 to 148.78
shall be paid into the state treasury as provided for by law. The board shall
set by rule the amounts of the application fee and the annual licensing fee.
The fees collected by the board must be sufficient to cover the costs of
administering sections 148.65 to 148.78.
Sec. 32. Minnesota Statutes
2006, section 148.75, is amended to read:
148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION DISCIPLINARY
ACTION.
(a) The state board of
Physical Therapy may refuse to grant a license to any physical therapist, or
may suspend or revoke the license of any physical therapist for any of the
following grounds may impose disciplinary action specified in paragraph
(b) against an applicant or licensee whom the board, by a preponderance of the
evidence, determines:
(1) using drugs or
intoxicating liquors to an extent which affects professional competence;
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(2) conviction of a felony;
(1) has violated a statute,
rule, order, or agreement for corrective action that the board issued or is
otherwise authorized or empowered to enforce;
(2) is unable to practice
physical therapy with reasonable skill and safety by reason of any mental or
physical illness or condition, including deterioration through the aging
process or loss of motor skills, or use of alcohol, drugs, narcotics,
chemicals, or any other type of material;
(3) has been convicted of or
has pled guilty or nolo contendere to a felony or other crime, an element of
which is dishonesty or fraud, or has been shown to have engaged in acts or
practices tending to show that the applicant or licensee is incompetent or has
engaged in conduct reflecting adversely on the applicant's or licensee's ability
or fitness to engage in the practice of physical therapy;
(3) conviction for (4) has been convicted
of violating any state or federal narcotic law;
(4) obtaining (5) has obtained or
attempted to obtain a license or attempting to obtain a license
or approval of continuing education activities, or passed an examination,
by fraud or deception;
(5) conduct unbecoming a
person licensed as a physical therapist or conduct detrimental to the best
interests of the public;
(6) has engaged in
unprofessional conduct or any other conduct which has the potential for causing
harm to the public, including any departure from or failure to conform to the
minimum standards of acceptable and prevailing practice without actual injury
having to be established;
(6) (7) has engaged in gross
negligence in the practice of physical therapy as a physical therapist;
(7) treating (8) has treated human
ailments by physical therapy after an initial 30-day period of patient
admittance to treatment has lapsed, except by the order or referral of a person
licensed in this state in the practice of medicine as defined in section
147.081, the practice of chiropractic as defined in section 148.01, the
practice of podiatry as defined in section 153.01, or the practice of dentistry
as defined in section 150A.05 and whose license is in good standing; or when a
previous diagnosis exists indicating an ongoing condition warranting physical
therapy treatment, subject to periodic review defined by board of physical
therapy rule;
(8) treating (9) has treated human
ailments, without referral, by physical therapy treatment without first having
practiced one year under a physician's orders as verified by the board's
records;
(9) failing (10) has failed to
consult with the patient's health care provider who prescribed the physical
therapy treatment if the treatment is altered by the physical therapist from
the original written order. The provision does not include written orders to
"evaluate and treat";
(10) treating human ailments
other than by physical therapy unless duly licensed or registered to do so
under the laws of this state;
(11) inappropriate
delegation has inappropriately delegated to a physical therapist
assistant or inappropriate task assignment inappropriately assigned
tasks to an aide, or inadequate supervision of inadequately
supervised a student physical therapist, physical therapist assistant,
student physical therapist assistant, or a physical therapy aide;
(12) practicing has
practiced as a physical therapist performing medical diagnosis, the
practice of medicine as defined in section 147.081, or the practice of
chiropractic as defined in section 148.01;
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(13) failing
has failed to comply with a reasonable request to obtain appropriate
clearance for mental or physical conditions that would interfere with the
ability to practice physical therapy, and that may be potentially harmful to
patients;
(14) dividing
has divided fees with, or paying or promising to pay a commission or
part of the fee to, any person who contacts the physical therapist for
consultation or sends patients to the physical therapist for treatment;
(15) engaging
has engaged in an incentive payment arrangement, other than that
prohibited by clause (14), that tends to promote physical therapy overuse, that
allows the referring person or person who controls the availability of physical
therapy services to a client to profit unreasonably as a result of patient
treatment;
(16) practicing
physical therapy and failing has failed to refer to a licensed
health care professional a patient whose medical condition at the time of
evaluation has been determined by the physical therapist to be beyond the scope
of practice of a physical therapist;
(17) failing
has failed to report to the board other licensed physical therapists
licensees who violate this section; and
(18) practicing
has engaged in the practice of physical therapy under lapsed or
nonrenewed credentials.;
(19)
has had a license, certificate, charter, registration, privilege to take an
examination, or other similar authority denied, revoked, suspended, canceled,
limited, reprimanded, or otherwise disciplined, or not renewed for cause in any
jurisdiction; or has surrendered or voluntarily terminated a license or
certificate during a board investigation of a complaint, as part of a
disciplinary order, or while under a disciplinary order;
(20)
has been subject to a corrective action or similar action in another jurisdiction
or by another regulatory authority; or
(21)
has failed to cooperate with an investigation of the board, including
responding fully and promptly to any question raised by or on behalf of the
board relating to the subject of the investigation, executing all releases
requested by the board, providing copies of patient records, as reasonably
requested by the board to assist it in its investigation, and appearing at
conferences or hearings scheduled by the board or its staff.
(b)
If grounds for disciplinary action exist under paragraph (a), the board may
take one or more of the following actions:
(1)
deny the application for licensure;
(2)
deny the renewal of the license;
(3)
revoke the license;
(4)
suspend the license;
(5)
impose limitations or conditions on the licensee's practice of physical
therapy, including the: (i) limitation of scope of practice to designated field
specialties; (ii) imposition of retraining or rehabilitation requirements;
(iii) requirement of practice under supervision; or (iv) conditioning of
continued practice on demonstration of knowledge or skills by appropriate
examination, monitoring, or other review of skill and competence;
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(6) impose a civil penalty
not to exceed $10,000 for each separate violation, the amount of the civil
penalty to be fixed so as to deprive the physical therapist of any economic
advantage gained by reason of the violation charged, to discourage similar
violations, or to reimburse the board for the cost of the investigation and
proceeding including, but not limited to, fees paid for services provided by
the Office of Administrative Hearings, legal and investigative services
provided by the Office of the Attorney General, court reporters, witnesses,
reproduction of records, board members' per diem compensation, board staff
time, and travel costs and expenses incurred by board staff and board members;
(7) order the licensee to
provide unremunerated service;
(8) censure or reprimand the
licensee; or
(9) any other action as
allowed by law and justified by the facts of the case.
(b) (c) A license to
practice as a physical therapist or physical therapist assistant is automatically
suspended if (1) a guardian of the physical therapist licensee is
appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for
reasons other than the minority of the physical therapist licensee;
or (2) the physical therapist licensee is committed by order of a
court pursuant to chapter 253B. The license remains suspended until the physical
therapist licensee is restored to capacity by a court and, upon
petition by the physical therapist licensee, the suspension is
terminated by the Board of Physical Therapy after a hearing.
Sec. 33. Minnesota Statutes
2006, section 148.754, is amended to read:
148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
(a) If the board has
probable cause to believe that a physical therapist licensee comes
under section 148.75, paragraph (a), clause (2), it may direct the physical
therapist licensee to submit to a mental or physical examination.
For the purpose of this paragraph, every physical therapist licensee is
deemed to have consented to submit to a mental or physical examination when
directed in writing by the board and further to have waived all objections to
the admissibility of the examining physicians' testimony or examination reports
on the ground that they constitute a privileged communication. Failure of the physical
therapist licensee to submit to an examination when directed
constitutes an admission of the allegations against the person, unless the
failure was due to circumstances beyond the person's control, in which case a
default and final order may be entered without the taking of testimony or
presentation of evidence. A physical therapist licensee affected
under this paragraph shall, at reasonable intervals, be given an opportunity to
demonstrate that the person can resume the competent practice of physical
therapy with reasonable skill and safety to the public.
(b) In any proceeding under
paragraph (a), neither the record of proceedings nor the orders entered by the
board shall be used against a physical therapist licensee in any
other proceeding.
(c) In addition to ordering
a physical or mental examination, the board may, notwithstanding section
13.384, 144.651, or any other law limiting access to medical or other health
data, obtain medical data and health records relating to a physical
therapist licensee or applicant without the person's or applicant's
consent if the board has probable cause to believe that a physical therapist
the person comes under paragraph (a). The medical data may be requested
from a provider, as defined in section 144.335, subdivision 1, paragraph (b),
an insurance company, or a government agency, including the Department of Human
Services. A provider, insurance company, or government agency shall comply with
any written request of the board under this paragraph and is not liable in any
action for damages for releasing the data requested by the board if the data
are released pursuant to a written request under this paragraph, unless the
information is false and the provider giving the information knew, or had
reason to believe, the information was false. Information obtained under this
paragraph is classified as private under sections 13.01 to 13.87.
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Sec.
34. Minnesota Statutes 2006, section 148.755, is amended to read:
148.755 TEMPORARY SUSPENSION OF LICENSE.
In
addition to any other remedy provided by law, the board may, without a hearing,
temporarily suspend the license of a physical therapist licensee if
the board finds that the physical therapist licensee has violated
a statute or rule which the board is empowered to enforce and continued
practice by the physical therapist licensee would create a
serious risk of harm to the public. The suspension shall take effect upon
written notice to the physical therapist licensee, specifying the
statute or rule violated. The suspension shall remain in effect until the board
issues a final order in the matter after a hearing. At the time it issues the
suspension notice, the board shall schedule a disciplinary hearing to be held
pursuant to the Administrative Procedure Act, chapter 14. The physical
therapist licensee shall be provided with at least 20 days' notice
of any hearing held pursuant to this section. The hearing shall be scheduled to
begin no later than 30 days after the issuance of the suspension order.
Sec.
35. Minnesota Statutes 2006, section 148.76, subdivision 1, is amended to read:
Subdivision
1. Licensure required. No person
shall:
(1)
provide physical therapy unless the person is licensed as a physical therapist or
physical therapist assistant under sections 148.65 to 148.78;
(2)
use the title of physical therapist without a license as a physical therapist
or use the title physical therapist assistant without a license as a physical
therapist assistant issued under sections 148.65 to 148.78;
(3) in
any manner hold out as a physical therapist, or use in connection with the
person's name the words or letters Physical Therapist, Physiotherapist,
Physical Therapy Technician, Registered Physical Therapist, Licensed Physical
Therapist, PT, PTT, RPT, LPT, or any letters, words, abbreviations or insignia
indicating or implying that the person is a physical therapist, without a
license as a physical therapist issued under sections 148.65 to 148.78. To do
so is a gross misdemeanor;
(4)
in any manner hold out as a physical therapist assistant, or use in connection
with the person's name the words or letters Physical Therapist Assistant,
P.T.A., or any letters, words, abbreviations, or insignia indicating or
implying that the person is a physical therapist assistant, without a license
as a physical therapist assistant under sections 148.65 to 148.78. To do so is
a gross misdemeanor; or
(4) (5) employ fraud or deception
in applying for or securing a license as a physical therapist or physical
therapist assistant.
Nothing
in sections 148.65 to 148.78 prohibits a person licensed or registered in this state
under another law from carrying out the therapy or practice for which the
person is duly licensed or registered.
Sec.
36. Minnesota Statutes 2006, section 148.78, is amended to read:
148.78 PROSECUTION, ALLEGATIONS.
In the
prosecution of any person for violation of sections 148.65 to 148.78 as
specified in section 148.76, it shall not be necessary to allege or prove want
of a valid license as a physical therapist or physical therapist assistant,
but shall be a matter of defense to be established by the accused.
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Sec.
37. [148.785] FEES.
The
fees charged by the board are fixed at the following rates:
(1)
application fee for physical therapists and physical therapist assistants,
$100;
(2)
annual licensure for physical therapists and physical therapist assistants,
$60;
(3)
licensure renewal late fee, $20;
(4)
temporary permit, $25;
(5)
duplicate license or registration, $20;
(6)
certification letter, $25;
(7)
education or training program approval, $100;
(8)
report creation and generation, $60 per hour billed in quarter-hour increments
with a quarter-hour minimum; and
(9)
examination administration:
(i)
half day, $50; and
(ii)
full day, $80.
Sec.
38. Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to
read:
Subd.
5. Scope of practice. (a) The scope
of practice of a licensed professional counselor includes, but is not limited
to:
(1)
the implementation of professional counseling treatment interventions including
evaluation, treatment planning, assessment, and referral;
(2)
direct counseling services to individuals, groups, and families;
(3)
counseling strategies that effectively respond to multicultural populations;
(4)
knowledge of relevant laws and ethics impacting practice;
(5)
crisis intervention;
(6)
consultation; and
(7)
program evaluation and applied research.
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(b) For the purposes of
paragraph (a), clause (1), "professional counseling treatment
interventions" means the application of cognitive, affective, behavioral,
systemic, and community counseling strategies which include principles of human
development, wellness, and pathology. Counselors provide mental health services
for clients whose symptoms significantly interfere with daily functioning and
would most likely not improve in a reasonable time period without intervention.
(c) Licensed professional
counseling does not include activities or services undertaken by persons listed
in section 148B.592, or the performance of any act that licensed professional
counselors are not educated and trained to perform.
(d) In order to evaluate and
treat mental illness, a licensed professional counselor must complete the
postgraduate training specified in section 245.462, subdivision 18, clause (6),
or 245.4871, subdivision 27, clause (6).
Sec. 39. Minnesota Statutes
2006, section 148B.53, subdivision 1, is amended to read:
Subdivision 1. General requirements. (a) To be
licensed as a licensed professional counselor (LPC), an applicant must provide
evidence satisfactory to the board that the applicant:
(1) is at least 18 years of
age;
(2) is of good moral
character;
(3) has completed a master's
or doctoral degree program in counseling or a related field, as determined by
the board based on the criteria in paragraph (b), that includes a minimum of 48
semester hours or 72 quarter hours and a supervised field experience of not
fewer than 700 hours that is counseling in nature;
(4) has submitted to the
board a plan for supervision during the first 2,000 hours of professional
practice or has submitted proof of supervised professional practice that is
acceptable to the board; and
(5) has demonstrated
competence in professional counseling by passing the National Counseling Exam
(NCE) administered by the National Board for Certified Counselors, Inc. (NBCC)
or an equivalent national examination as determined by the board, and ethical,
oral, and situational examinations if prescribed by the board.
(b) The degree described in
paragraph (a), clause (3), must be from a counseling program recognized by the
Council for Accreditation of Counseling and Related Education Programs (CACREP)
or from an institution of higher education that is accredited by a regional
accrediting organization recognized by the Council for Higher Education
Accreditation (CHEA). Except as provided in paragraph (e), Specific
academic course content and training must include course work course
work in each of the following subject areas:
(1) the helping
relationship, including counseling theory and practice;
(2) human growth and
development;
(3) lifestyle and career
development;
(4) group dynamics,
processes, counseling, and consulting;
(5) assessment and
appraisal;
(6) social and cultural
foundations, including multicultural issues;
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(7) principles of etiology,
treatment planning, and prevention of mental and emotional disorders and
dysfunctional behavior;
(8) family counseling and
therapy;
(9) research and evaluation;
and
(10) professional counseling
orientation and ethics.
(c) To be licensed as a
professional counselor, a psychological practitioner licensed under section
148.908 need only show evidence of licensure under that section and is not
required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph
(b).
(d) To be licensed as a
professional counselor, a Minnesota licensed psychologist need only show
evidence of licensure from the Minnesota Board of Psychology and is not
required to comply with paragraph (a) or (b).
(e) If the degree described
in paragraph (a), clause (3), is from a counseling program recognized by the
Council for Accreditation of Counseling and Related Education Programs
(CACREP), the applicant is deemed to have met the specific course work
requirements of paragraph (b).
Sec. 40. Minnesota Statutes
2006, section 148B.53, subdivision 3, is amended to read:
Subd. 3. Fee. Nonrefundable fees are as follows:
(1) initial license
application fee for licensed professional counseling (LPC) - $250
$150;
(2) initial license fee
for LPC - $250;
(3) annual active license
renewal fee for LPC - $200 $250 or equivalent;
(3) (4) annual inactive
license renewal fee for LPC - $100 $125;
(5) initial license
application fee for licensed professional clinical counseling (LPCC) - $150;
(6) initial license fee for
LPCC - $250;
(7) annual active license
renewal fee for LPCC - $250 or equivalent;
(8) annual inactive license
renewal fee for LPCC - $125;
(4) (9) license renewal
late fee - $100 per month or portion thereof;
(5) (10) copy of board order
or stipulation - $10;
(6) (11) certificate of
good standing or license verification - $10 $25;
(7) (12) duplicate
certificate fee - $10 $25;
(8) (13) professional
firm renewal fee - $25;
(9) (14) sponsor application
for approval of a continuing education course - $60;
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(15) initial registration fee -
$50; and
(10) (16) annual
registration renewal fee - $25; and
(17) approved supervisor application
processing fee - $30.
Sec. 41. [148B.5301] REQUIREMENTS FOR LICENSURE
AS A LICENSED PROFESSIONAL CLINICAL COUNSELOR.
Subdivision 1. General requirements. (a) To be licensed as a licensed
professional clinical counselor (LPCC), an applicant must provide satisfactory
evidence to the board that the applicant:
(1) is at least 18 years of
age;
(2) is of good moral
character;
(3) has completed a masters
or doctoral degree program in counseling or a related field, as determined by
the board based on the criteria in items (i) to (x), that includes a minimum of
48 semester hours or 72 quarter hours and a supervised field experience in
counseling that is not fewer than 700 hours. The degree must be from a counseling
program recognized by the Council for Accreditation of Counseling and Related
Education Programs (CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by the Council for
Higher Education Accreditation (CHEA). Specific academic course content and
training must include coursework in each of the following subject areas:
(i) helping relationship,
including counseling theory and practice;
(ii) human growth and
development;
(iii) lifestyle and career
development;
(iv) group dynamics,
processes, counseling, and consulting;
(v) assessment and
appraisal;
(vi) social and cultural
foundations, including multicultural issues;
(vii) principles of
etiology, treatment planning, and prevention of mental and emotional disorders
and dysfunctional behavior;
(viii) family counseling and
therapy;
(ix) research and
evaluation; and
(x) professional counseling
orientation and ethics;
(4) has demonstrated
competence in professional counseling by passing the National Clinical Mental
Health Counseling Examination (NCMHCE), administered by the National Board for
Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
examinations as prescribed by the board. In lieu of the NCMHCE, applicants who
have taken and passed the National Counselor Examination (NCE) administered by
the NBCC, or another board-approved examination, need only take and pass the
Examination of Clinical Counseling Practice (ECCP) administered by the NBCC;
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(5)
has earned graduate-level semester credits or quarter-credit equivalents in the
following clinical content areas as follows:
(i)
six credits in diagnostic assessment for child or adult mental disorders;
normative development; and psychopathology, including developmental
psychopathology;
(ii)
three credits in clinical treatment planning, with measurable goals;
(iii)
six credits in clinical intervention methods informed by research evidence and
community standards of practice;
(iv)
three credits in evaluation methodologies regarding the effectiveness of
interventions;
(v)
three credits in professional ethics applied to clinical practice; and
(vi)
three credits in cultural diversity; and
(6)
has demonstrated successful completion of 4,000 hours of supervised,
postmasters degree professional practice in the delivery of clinical services
in the diagnosis and treatment of child and adult mental illnesses and
disorders, conducted according to subdivision 2.
(b)
If coursework in paragraph (a) was not completed as part of the degree program
required by paragraph (a), clause (3), the coursework must be taken and passed
for credit, and must be earned from a counseling program or institution that
meets the requirements of paragraph (a), clause (3).
Subd.
2. Supervision. (a) To qualify
as a LPCC, an applicant must have completed 4,000 hours of postmasters degree
supervised professional practice in the delivery of clinical services in the
diagnosis and treatment of mental illnesses and disorders in both children and
adults. The supervised practice shall be conducted according to the
requirements in paragraphs (b) to (e).
(b)
The supervision must have been received under a contract that defines clinical
practice and supervision from a mental health professional as defined in
section 245.462, subdivision 18, clauses (1) to (6), or section 245.4871,
subdivision 27, clauses (1) to (6), or by a board-approved supervisor, who has
at least two years of postlicensure experience in the delivery of clinical
services in the diagnosis and treatment of mental illnesses and disorders.
(c)
The supervision must be obtained at the rate of two hours of supervision per 40
hours of professional practice. The supervision must be evenly distributed over
the course of the supervised professional practice. At least 75 percent of the
required supervision hours must be received in person. The remaining 25 percent
of the required hours may be received by telephone or by audio or audiovisual
electronic device. At least 50 percent of the required hours of supervision
must be received on an individual basis. The remaining 50 percent may be
received in a group setting.
(d)
The supervised practice must include at least 1,800 hours of clinical client
contact.
(e)
The supervised practice must be clinical practice. Supervision includes the
observation by the supervisor of the successful application of professional
counseling knowledge, skills, and values in the differential diagnosis and
treatment of psychosocial function, disability, or impairment, including
addictions and emotional, mental, and behavioral disorders.
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Subd.
3. Conversion from licensed professional
counselor to licensed clinical counselor. (a) Until August 1, 2011,
an individual currently licensed in the state of Minnesota as a licensed
professional counselor may convert to a LPCC by providing evidence satisfactory
to the board that the applicant has met the following requirements:
(1)
is at least 18 years of age;
(2)
is of good moral character;
(3)
has a license that is active and in good standing;
(4)
has no complaints pending, uncompleted disciplinary orders, or corrective
action agreements;
(5)
has completed a masters or doctoral degree program in counseling or a related
field, as determined by the board, and whose degree was from a counseling
program recognized by CACREP or from an institution of higher education that is
accredited by a regional accrediting organization recognized by CHEA;
(6)
has earned 24 graduate-level semester credits or quarter-credit equivalents in
clinical coursework which includes content in the following clinical areas:
(i)
diagnostic assessment for child and adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;
(ii)
clinical treatment planning, with measurable goals;
(iii)
clinical intervention methods informed by research evidence and community
standards of practice;
(iv)
evaluation methodologies regarding the effectiveness of interventions;
(v)
professional ethics applied to clinical practice; and
(vi)
cultural diversity;
(7)
has demonstrated, to the satisfaction of the board, successful completion of
4,000 hours of supervised, postmasters degree professional practice in the
delivery of clinical services in the diagnosis and treatment of child and adult
mental illnesses and disorders; and
(8)
has paid the LPCC application and licensure fees required in section 148B.53,
subdivision 3.
(b)
If the coursework in paragraph (a) was not completed as part of the degree
program required by paragraph (a), clause (5), the coursework must be taken and
passed for credit, and must be earned from a counseling program or institution
that meets the requirements in paragraph (a), clause (5).
(c)
This subdivision expires August 1, 2011.
Subd.
4. Conversion to licensed professional
clinical counselor after August 1, 2011. An individual licensed in
the state of Minnesota as a licensed professional counselor may convert to a
LPCC by providing evidence satisfactory to the board that the applicant has met
the requirements of subdivisions 1 and 2, subject to the following:
(1)
the individual's license must be active and in good standing;
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(2)
the individual must not have any complaints pending, uncompleted disciplinary
orders, or corrective action agreements; and
(3)
the individual has paid the LPCC application and licensure fees required in
section 148B.53, subdivision 3.
Subd.
5. Scope of practice. The scope
of practice of a LPCC shall include all those services provided by mental
health professionals as defined in section 245.462, subdivision 18, and section
245.4871, subdivision 27.
Subd.
6. Jurisdiction. LPCC's are
subject to the board's statutes and rules to the same extent as licensed
professional counselors.
Sec.
42. [148B.532] DEGREES FROM FOREIGN
INSTITUTIONS.
Subdivision
1. Scope and documentation. In
addition to meeting all other licensure requirements, an applicant for
licensure whose degree was received from a foreign degree program that is not
recognized by the Council for Accreditation of Counseling and Related Education
Programs (CACREP) or from a foreign institution of higher education that is not
accredited by a regional accrediting organization recognized by the Council for
Higher Education Accreditation (CHEA) must fulfill the requirements of this
section, providing certified English translations of board-required relevant
documentation.
Subd.
2. Education evaluation. An applicant
for licensure as a licensed professional counselor must present evidence of
completion of a degree equivalent to that required in section 148B.53,
subdivision 1, paragraphs (a), clause (3); and (b). This evidence will be
evaluated by the board with the assistance of a credentials evaluation service
familiar with educational standards and professional qualification. The
evaluation must be sent directly to the board from the evaluating agency.
Agencies providing evaluation services must be accepted by the National Board
for Certified Counselors, Inc. The applicant shall be responsible for the
expenses incurred as a result of the evaluation.
Sec.
43. Minnesota Statutes 2006, section 148C.12, is amended by adding a
subdivision to read:
Subd.
12. Sponsor application fee. The
fee for sponsor application for approval of a continuing education course is
$60.
Sec.
44. Minnesota Statutes 2006, section 148C.12, is amended by adding a
subdivision to read:
Subd.
13. Order or stipulation fee. The
fee for a copy of a board order or stipulation is $10.
Sec.
45. Minnesota Statutes 2006, section 148C.12, is amended by adding a
subdivision to read:
Subd.
14. Duplicate certificate fee. The
fee for a duplicate certificate is $25.
Sec.
46. Minnesota Statutes 2006, section 148C.12, is amended by adding a
subdivision to read:
Subd.
15. Supervisor application processing fee.
The fee for licensure supervisor application processing is $30.
Sec.
47. Minnesota Statutes 2006, section 148D.050, subdivision 1, is amended to
read:
Subdivision
1. Requirements. The practice of
social work A person licensed under section 148D.055 or 148D.061
must comply with the requirements of subdivision 2, 3, 4, or 5.
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Sec.
48. Minnesota Statutes 2006, section 148D.055, subdivision 2, is amended to
read:
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.
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(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.
Sec.
49. Minnesota Statutes 2006, section 148D.055, subdivision 3, is amended to
read:
Subd.
3. Qualifications for licensure by
examination as 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;
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(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.
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(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.
Sec. 50. Minnesota Statutes
2006, section 148D.055, subdivision 4, is amended to read:
Subd. 4. Licensure by examination; 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.
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(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.
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Sec.
51. Minnesota Statutes 2006, section 148D.055, subdivision 5, is amended to
read:
Subd.
5. Licensure by examination; 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.
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(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.
Sec. 52. Minnesota Statutes
2006, section 148D.055, is amended by adding a subdivision to read:
Subd. 7a. Provisional licensure. An applicant for provisional
licensure must meet the license requirements in subdivisions 2 to 8, except the
applicant does not have to pass an examination administered by the Association
of Social Work Boards or a similar examination body designated by the board.
Sec. 53. Minnesota Statutes
2006, section 148D.060, is amended by adding a subdivision to read:
Subd. 2a. Programs in candidacy status. The board may issue a
temporary license to practice social work to an applicant who has completed the
requirements for a baccalaureate or graduate degree in social work from a
program in candidacy status with the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accreditation body
designated by the board, and 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;
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(4)
passed the applicable licensure examination provided for in section 148D.055;
and
(5)
not engaged in conduct that is in violation of the standards of practice
specified in sections 148D.195 to 148D.240. If the applicant has engaged in
conduct that is in violation of the standards of practice, the board may take
action according to sections 148D.255 to 148D.270.
Sec.
54. Minnesota Statutes 2006, section 148D.060, subdivision 5, is amended to
read:
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 2a expires after 12 months
but may be extended at the board's discretion upon a showing that the social
work program remains in good standing with the Council on Social Work
Education, the Canadian Association of Schools of Social Work, or a similar
accreditation body designated by the board. If the board receives notice from
the Council on Social Work Education, the Canadian Association of Schools of
Social Work, or a similar accreditation body designated by the board that the
social work program is not in good standing, or that the accreditation will not
be granted to the social work program, the temporary license is immediately
revoked.
(c) (d) A temporary
license issued pursuant to subdivision 3 2a expires after 12 months.
Sec.
55. Minnesota Statutes 2006, section 148D.060, subdivision 6, is amended to
read:
Subd.
6. Licensee with temporary license;
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, or in
candidacy status with, 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.
Sec.
56. Minnesota Statutes 2006, section 148D.060, subdivision 7, is amended to
read:
Subd.
7. Licensee with temporary license;
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, or in candidacy
status with, 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.
Sec.
57. Minnesota Statutes 2006, section 148D.060, subdivision 13, is amended to
read:
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.
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Sec. 58. [148D.061] PROVISIONAL LICENSES.
Subdivision 1. Requirements for a provisional license. An applicant may
be issued a provisional license if the applicant:
(1) was born in a foreign
country;
(2) communicates in English
as a second language;
(3) has failed the
Association of Social Work Boards examination a second time in no more than 12
months after the date the applicant first failed the examination;
(4) has met all other
requirements for licensure; and
(5) complies with the
requirements of subdivisions 2 to 7.
Subd. 2. License term. (a) A provisional license is valid until
expiration, or until the board issues or denies a license under section
148D.055, or until the board revokes the provisional license, whichever occurs
first.
(b) A provisional license
expires three years after the effective date of the license.
Subd. 3. Scope of practice. A licensee who is issued a provisional
license must comply with the requirements of section 148D.050.
Subd. 4. Fee. A licensee who is issued a provisional license must
pay the appropriate license fee specified in section 148D.180.
Subd. 5. Supervised practice requirements. A licensee who is
issued a provisional license must document supervised practice as provided in section
148D.062. If a licensee issued a provisional license is granted a license under
section 148D.055, the licensee must also meet the supervised practice
requirements in sections 148D.100 to 148D.115. The supervised practice
completed under a provisional license does not apply to this requirement.
Subd. 6. Evaluation by supervisor. (a) After being issued a
provisional license under subdivision 1, the licensee must submit an evaluation
by the licensee's supervisor every six months during the first 2,000 hours of
social work practice. The evaluation must meet the requirements in section
148D.063. The supervisor must meet the eligibility requirements specified in
section 148D.062.
(b) After completion of
2,000 hours of supervised social work practice, the licensee's supervisor must
submit a final evaluation and attest to the applicant's ability to engage in
the practice of social work safely and competently.
Subd. 7. Completion of requirements. Upon completion of the
requirements for a provisional license under subdivisions 1 to 6, an applicant
shall not practice social work in Minnesota except as provided in section
148D.065, unless licensed according to section 148D.055.
Subd. 8. Disciplinary or other action. The board may take action
according to sections 148D.260 to 148D.270 if:
(1) the licensee's
supervisor does not submit an evaluation as required by section 148D.062;
(2) an evaluation submitted
according to section 148D.062 indicates that the licensee cannot practice
social work competently and safely; or
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(3)
the licensee does not comply with the requirements of subdivisions 1 to 7.
Subd.
9. Revocation of provisional license.
The board may immediately revoke the provisional license of a licensee who
violates any requirements of this section. The revocation must be made for
cause. A licensee whose provisional license is revoked must immediately return
the provisional license to the board.
Sec.
59. [148D.062] PROVISIONAL LICENSE;
SUPERVISED PRACTICE.
Subdivision
1. Supervision required after licensure.
After receiving a provisional license from the board, the licensee must
obtain at least 37.5 hours of supervision according to the requirements of this
section.
Subd.
2. Practice requirements. The
supervision required by subdivision 1 must be obtained during the first 2,000
hours of social work practice after the effective date of the provisional
license. At least three hours of supervision must be obtained during every 160
hours of practice.
Subd.
3. Types of supervision. (a)
Twenty-five hours of supervision required by subdivision 1 must consist of
one-on-one in-person supervision.
(b)
Twelve and one-half hours of supervision must consist of one or more of the
following types of supervision:
(1)
in-person one-on-one supervision; or
(2)
in-person group supervision.
(c)
To qualify as in-person group supervision, the group must not exceed seven
members including the supervisor.
Subd.
4. Supervisor requirements. (a)
The supervision required by subdivision 1 must be provided by a supervisor who
meets the requirements in section 148D.120 and has either:
(1)
5,000 hours experience engaged in authorized social work practice; or
(2)
completed 30 hours of training in supervision, which may be satisfied by
completing academic coursework in supervision or continuing education courses
in supervision as defined in section 148D.010, subdivision 16.
(b)
Supervision must be provided:
(1)
if the supervisee is not engaged in clinical practice and the supervisee has a
provisional license to practice as a licensed social worker, by a licenced
social worker who has completed the supervised practice requirements;
(2)
if the supervisee is not engaged in clinical practice and the supervisee has a
provisional license to practice as a licensed graduate social worker, licensed
independent social worker, or licensed independent clinical social worker, by:
(i)
a licensed graduate social worker who has completed the supervised practice
requirements;
(ii)
a licensed independent social worker; or
(iii)
a licensed independent clinical social worker;
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(3)
if the supervisee is engaged in clinical practice and the supervisee has a
provisional license to practice as a licensed graduate social worker, licensed
independent social worker, or licensed independent clinical social worker, by a
licensed independent clinical social worker; or
(4)
by a supervisor who meets the requirements in section 148D.120, subdivision 2.
Subd.
5. Expiration. This section
expires August 1, 2011.
Sec.
60. [148D.063] PROVISIONAL LICENSE;
DOCUMENTATION OF SUPERVISION.
Subdivision
1. Supervision plan. (a) An
applicant granted a provisional license must submit, on a form provided by the
board, a supervision plan for meeting the supervision requirements in section
148D.062.
(b)
The supervision plan must be submitted no later than 30 days after the licensee
begins a social work practice position.
(c)
The board may revoke a licensee's provisional license for failure to submit the
supervision plan within 30 days after beginning a social work practice
position.
(d)
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
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(iii)
the process utilized for determining clinical diagnoses, including the
diagnostic instruments used and the role of the supervisee in the diagnostic
process.
(e)
The board must receive a revised supervision plan within 30 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.062.
(f)
The board may revoke a licensee's provisional license for failure to submit a
revised supervision plan as required in paragraph (e).
(g)
The board must approve the supervisor and the supervision plan.
Subd.
2. Evaluation. (a) When a
supervisee submits an evaluation to the board according to section 148D.061,
subdivision 6, the supervisee and supervisor must provide 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 in sections 148D.195 to 148D.240;
(6)
a declaration that the supervisee has practiced competently and ethically
according to professional social work knowledge, skills, and values; and
(7)
on a form provided by the board, an evaluation of the licensee's practice in
the following areas:
(i)
development of professional social work knowledge, skills, and values;
(ii)
practice methods;
(iii)
authorized scope of practice;
(iv)
ensuring continuing competence;
(v)
ethical standards of practice; and
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(vi)
clinical practice, if applicable.
(b)
The information provided on the evaluation form must demonstrate that the
supervisee has met or has made progress on meeting the applicable supervised
practice requirements.
Subd.
3. Alternative verification of supervised
practice. Notwithstanding the requirements of subdivision 2, the
board may accept alternative verification of supervised practice if a
supervisee demonstrates that the supervisee is unable to locate a former
supervisor to provide the required information.
Sec.
61. Minnesota Statutes 2006, section 148D.120, subdivision 2, is amended to
read:
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.062,
subdivision 1, or 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.062, subdivision 1, or 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
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(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.
62. Minnesota Statutes 2006, section 148D.125, subdivision 1, is amended to
read:
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)
section 148D.070, subdivision 3, 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
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(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. An applicant for
licensure as a licensed professional clinical counselor must present evidence
of completion of a degree equivalent to that required in section 148B.5301,
subdivision 1, clause (3).
(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 supervision 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.
Sec. 63. [148E.001] CITATION.
This chapter may be cited as
the "Minnesota Board of Social Work Practice Act."
Sec. 64. [148E.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 148E.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 11.
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
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diagnosis. Treatment may
include, but is not limited to, the provision of psychotherapy to individuals,
couples, families, and groups across the life span. Clinical social workers may
also provide the services described in subdivision 11.
Subd.
7. Clinical supervision. "Clinical
supervision" means supervision as defined in subdivision 18 of a social
worker engaged in clinical practice as defined in subdivision 6.
Subd.
8. Graduate degree. "Graduate
degree" means a master's 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; or a
doctorate in social work from an accredited university.
Subd.
9. Intern. "Intern"
means a student in field placement working under the supervision or direction
of a social worker.
Subd.
10. 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.
11. 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 148E.100 to 148E.125; and
(vii)
teaching professional social work knowledge, skills, and values to students;
and
(3)
engaging in clinical practice.
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Subd. 12. 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 according to section 148E.090.
Subd. 13. 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; or a doctorate in social work from
an accredited university. 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. 14. 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. 15. 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. 16. 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. 17. Supervisee. "Supervisee" means an individual
provided evaluation and supervision or direction by a social worker.
Subd. 18. 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.
Sec. 65. [148E.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. 66. [148E.020] CHAPTER 214.
Chapter 214 applies to the
Board of Social Work unless superseded by this chapter.
Sec. 67. [148E.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 according to section 148E.055; and
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(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.
The employment of the executive director shall be subject to the terms
described in section 214.04, subdivision 2a.
Sec.
68. [148E.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;
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(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 according to sections 148E.055 and
148E.060;
(5)
taking disciplinary, adversarial, corrective, or other action according to
sections 148E.255 to 148E.270 when an individual violates the requirements of
this chapter;
(6)
assessing fees according to sections 148E.175 and 148E.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.
69. [148E.035] VARIANCES.
If
the effect of a requirement according 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.
70. [148E.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.
Sec.
71. [148E.045] CONTESTED CASE
HEARING.
An
applicant or a licensee who is the subject of a disciplinary or adversarial
action by the board according 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.
Sec.
72. [148E.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 according to section 148E.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 according to section 148E.120.
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Subd.
5. Licensed independent clinical social
worker. A licensed independent clinical social worker may engage in
social work practice, including clinical practice.
Sec.
73. [148E.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 148E.060, except when the individual is exempt
from licensure according to section 148E.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 148E.060, except when the
individual is exempt from licensure according to section 148E.065.
Subd.
2. Qualifications for licensure by
examination as a licensed social worker. (a) 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, or a
doctorate in social work from an accredited university;
(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 according
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 148E.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 according to subdivision 8;
(5)
has paid the applicable license fee specified in section 148E.180; and
(6)
has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.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 according to paragraph (a) must meet
the supervised practice requirements specified in sections 148E.100 to
148E.125. If a licensee does not meet the supervised practice requirements, the
board may take action according to sections 148E.255 to 148E.270.
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(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 according 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 according to 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
148E.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.
Subd.
3. Qualifications for licensure by
examination as licensed graduate social worker. (a) 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, or a doctorate
in social work from an accredited university;
(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 according
to section 148E.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;
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(3)
has submitted a completed, signed application form provided by the board,
including the applicable application fee specified in section 148E.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 according to subdivision 8;
(5)
has paid the applicable license fee specified in section 148E.180; and
(6)
has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.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 according to paragraph (a) must meet
the supervised practice requirements specified in sections 148E.100 to
148E.125. If a licensee does not meet the supervised practice requirements, the
board may take action according to sections 148E.255 to 148E.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 according 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 according to professional social work knowledge,
skills, and values.
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(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
148E.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.
Subd.
4. Licensure by examination; licensed
independent social worker. (a) 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, or a doctorate
in social work from an accredited university;
(2)
has practiced social work as defined in section 148E.010, and has met the
supervised practice requirements specified in sections 148E.100 to 148E.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
according 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 148E.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 according to subdivision 8;
(6)
has paid the applicable license fee specified in section 148E.180; and
(7)
has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.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 148E.100 to
148E.125. If a licensee does not meet the supervised practice requirements, the
board may take action according to sections 148E.255 to 148E.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 according 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.
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(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 according
to 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 148E.060. If the board has
reason to believe that an applicant may be practicing social work without a
license, except as provided in section 148E.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.
Subd. 5. Licensure by examination; licensed independent clinical social
worker. (a) 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, or a doctorate in social work from
an accredited university;
(2) has completed 360 clock
hours (one semester credit hour = 15 clock hours) in the following clinical
knowledge areas:
(i) 108 clock hours (30
percent) in differential diagnosis and biopsychosocial assessment including
normative development and psychopathology across the life span;
(ii) 36 clock hours (ten
percent) in assessment-based clinical treatment planning with measurable goals;
(iii) 108 clock hours (30
percent) in clinical intervention methods informed by research and current
standards of practice;
(iv) 18 clock hours (five
percent) in evaluation methodologies;
(v) 72 clock hours (20
percent) in social work values and ethics, including cultural context,
diversity, and social policy; and
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(vi)
18 clock hours (five percent) in culturally specific clinical assessment and
intervention;
(3)
has practiced clinical social work as defined in section 148E.010, including
both diagnosis and treatment, and has met the supervised practice requirements
specified in sections 148E.100 to 148E.125;
(4)
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 according
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;
(5)
has submitted a completed, signed application form provided by the board,
including the applicable application fee specified in section 148E.180. For
applications submitted electronically, a "signed application" means
providing an attestation as specified by the board;
(6)
has submitted the criminal background check fee and a form provided by the
board authorizing a criminal background check according to subdivision 8;
(7)
has paid the license fee specified in section 148E.180; and
(8)
has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.270.
(b)
The requirement in paragraph (a), clause (2), may be satisfied through: (1) a graduate
degree 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; or a doctorate in social work from an accredited
university; (2) postgraduate coursework; or (3) up to 90 continuing education
hours. The continuing education must have a course description available for
public review and must include a posttest. Compliance with this requirement
must be documented on a form provided by the board. The board may conduct
audits of the information submitted in order to determine compliance with the
requirements of this section.
(c)
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.
(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 according 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 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.
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(g)
Notwithstanding paragraph (f), 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 (e) 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 according to 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
148E.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.
Subd.
6. Degrees from outside 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, except as provided in paragraph
(d), and submit the licensure by endorsement application fee specified in
section 148E.180.
(d)
The following requirements apply:
(1)
An applicant for licensure by endorsement who is applying for licensure as a
licensed social worker must meet the requirements specified in subdivision 2.
(2)
An applicant for licensure by endorsement who is applying for licensure as a
licensed graduate social worker must meet the requirements specified in
subdivision 3.
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(3) An applicant for
licensure by endorsement who is applying for licensure as a licensed
independent social worker is not required to demonstrate that the applicant has
obtained 100 hours of supervision as specified in section 148E.110, subdivision
1, provided that the applicant has engaged in authorized social work practice
for a minimum of 4,000 hours in another jurisdiction.
(4) An applicant for
licensure by endorsement as a licensed independent clinical social worker (i)
is not required to meet the license requirements specified in subdivision 5,
paragraph (a), clause (2), and (ii) is not required to demonstrate that the
applicant has obtained 200 hours of supervision as specified in section
148E.115, subdivision 1, provided that the applicant has engaged in authorized
clinical social work practice for a minimum of 4,000 hours in another
jurisdiction.
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 according to sections 148E.255 to 148E.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. 74. [148E.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 148E.055;
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(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 148E.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, or a doctorate in social work from an accredited
university; and
(6)
not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.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 148E.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, or a doctorate in social work from an accredited
university; and
(5)
not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.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 according to sections 148E.255 to 148E.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 148E.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 148E.195 to 148E.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 according to sections 148E.255 to 148E.270.
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Subd.
4. Temporary license application fee.
An applicant for a temporary license must pay the application fee specified
in section 148E.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 148E.055.
Subd.
5. Temporary license term. (a) A
temporary license is valid until expiration, or until the board issues or
denies the license according to section 148E.055, or until the board revokes
the temporary license, whichever comes first. A temporary license is
nonrenewable.
(b)
A temporary license issued according to subdivision 1 or 2 expires after six
months.
(c)
A temporary license issued according to subdivision 3 expires after 12 months.
Subd.
6. Licensee with temporary license;
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 temporary license;
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 148E.100 to 148E.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 according 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 148E.100 to 148E.125.
Subd.
9. Prohibition on practice. An
applicant for a temporary license must not practice social work in Minnesota,
except as provided in section 148E.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 according to the requirements of sections 148E.195 to 148E.240.
Subd.
12. Ineligibility. An applicant
who is currently practicing social work in Minnesota in a setting that is not
exempt under section 148E.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.
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Sec. 75. [148E.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 148E.055 or 148E.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. Tribes and private nonprofit agencies; voluntary licensure. 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. 76. [148E.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 148E.180.
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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 148E.130 to
148E.170 and, if applicable, the supervised practice requirements specified in
sections 148E.100 to 148E.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 148E.130 to 148E.170; and
(3)
if applicable, conduct an audit to determine whether the applicant has met the
supervision requirements specified in sections 148E.100 to 148E.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 148E.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 148E.080 or be
relicensed by meeting the requirements specified in section 148E.055.
(b)
The board may take action according to sections 148E.255 to 148E.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 148E.080. After one year of the expiration date, an
individual may apply for a new license according to section 148E.055.
Sec.
77. [148E.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 according
to section 148E.065. A licensee who is granted temporary leave from active
practice may reactivate the license according to section 148E.080.
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(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:
(1)
the licensee is retired from social work practice; and
(2)
the licensee is not engaged in the practice of social work in any setting,
including settings in which social workers are exempt from licensure according
to section 148E.065.
A licensee who possesses an
emeritus license may reactivate the license according to section 148E.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 148E.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 148E.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 emeritus license.
A licensee with an emeritus license may not apply for reactivation according
to section 148E.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 according to section
148E.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.
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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 according to sections 148E.255 to
148E.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. 78. [148E.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 according to section
148E.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 148E.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 148E.180; and
(5) pay the wall certificate
fee according to section 148E.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 148E.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 148E.130 to 148E.170.
(b) A licensee applying for
reactivation according to subdivision 2 or 3 may apply for a variance to the
continuing education requirements according to sections 148E.130 to 148E.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:
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(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 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 148E.180.
Sec. 79. [148E.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 according to section 148E.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 according
to section 148E.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 according to section 148E.065.
Subd. 4. Disciplinary or other action. The board may take action
according to sections 148E.255 to 148E.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. 80. [148E.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;
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(2)
provide legal verification of the name change; and
(3)
pay the license wall certificate fee specified in section 148E.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 148E.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.
81. [148E.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
148E.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
148E.180.
(c)
The board must issue a revised license wall certificate when:
(1)
a licensee requests a revised license wall certificate according to this
section; and
(2)
a licensee submits the license wall certificate fee specified in section
148E.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
148E.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 148E.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 148E.180.
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(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 according
to section 148E.090, subdivision 2 or 3. No fee in addition to the one
specified in subdivision 1, paragraph (b), is required.
Sec. 82. [148E.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 100 hours of supervision according to 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 four hours
of supervision must be obtained during every 160 hours of practice.
Subd. 3. Types of supervision. Of the 100 hours of supervision
required under subdivision 1:
(1) 50 hours must be
provided through one-on-one supervision, including: (i) a minimum of 25 hours
of in‑person supervision, and (ii) no more than 25 hours of supervision
via eye-to-eye electronic media; and
(2) 50 hours must be
provided through: (i) one-on-one supervision, or (ii) group supervision. The
supervision may be in-person, by telephone, or via eye-to-eye electronic media.
The supervision must not be provided by e‑mail. Group supervision is
limited to six members not counting the supervisor or supervisors.
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 148E.120, subdivision 2.
Subd. 5. Supervisee requirements. The supervisee must:
(1) to the satisfaction of
the supervisor, practice competently and ethically according to 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 according to section 148E.125, subdivision 1; and
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(4)
if the board audits the supervisee's supervised practice, submit verification
of supervised practice according to section 148E.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
according to section 148E.125, subdivision 2.
Sec.
83. [148E.105] LICENSED GRADUATE SOCIAL
WORKERS WHO DO NOT PRACTICE CLINICAL SOCIAL WORK; 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 100 hours of
supervision according to 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 four hours of
supervision must be obtained during every 160 hours of practice.
Subd.
3. Types of supervision. Of the
100 hours of supervision required under subdivision 1:
(1)
50 hours must be provided though one-on-one supervision, including: (i) a
minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
supervision via eye-to-eye electronic media; and
(2)
50 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in-person, by telephone, or via eye-to-eye
electronic media. The supervision must not be provided by e‑mail. Group
supervision is limited to six supervisees.
Subd.
4. Supervisor requirements. The
supervision required by subdivision 1 must be provided by a supervisor who
meets the requirements specified in section 148E.120. The supervision must be
provided by a:
(1)
licensed independent social worker;
(2)
licensed graduate social worker who has completed the supervised practice
requirements;
(3)
licensed independent clinical social worker; or
(4)
a supervisor who meets the requirements specified in section 148E.120,
subdivision 2.
Subd.
5. Supervisee requirements. The
supervisee must:
(1)
to the satisfaction of the supervisor, practice competently and ethically
according to professional social work knowledge, skills, and values;
(2)
receive supervision in the following content areas:
(i)
development of professional values and responsibilities;
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(ii) practice skills;
(iii) authorized scope of
practice;
(iv) ensuring continuing
competence; and
(v) ethical standards of
practice;
(3) submit a supervision
plan according to section 148E.125, subdivision 1; and
(4) verify supervised
practice according to section 148E.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 license.
Subd. 6. Supervision not required after completion of supervision
requirements. 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. 7. 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 according to section 148E.125, subdivision
2.
Subd. 8. Eligibility to apply for licensure as a licensed independent social
worker. Upon completion of 4,000 hours of social work practice,
including at least 100 hours of supervision according to the requirements of
this section, a licensed graduate social worker is eligible to apply for a
licensed independent social worker license according to section 148E.110.
Sec. 84. [148E.106] LICENSED GRADUATE SOCIAL
WORKERS WHO PRACTICE CLINICAL SOCIAL WORK; 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 200 hours of supervision according
to 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 eight hours of supervision
must be obtained during every 160 hours of practice.
Subd. 3. Types of supervision. Of the 200 hours of supervision
required under subdivision 1:
(1) 100 hours must be
provided through one-on-one supervision, including: (i) a minimum of 50 hours
of in‑person supervision, and (ii) no more than 50 hours of supervision
via eye-to-eye electronic media; and
(2) 100 hours must be
provided through: (i) one-on-one supervision, or (ii) group supervision. The
supervision may be in-person, by telephone, or via eye-to-eye electronic media.
The supervision must not be provided by e‑mail. Group supervision is
limited to six supervisees.
Subd. 4. Supervisor requirements. The supervision required by
subdivision 1 must be provided by a supervisor who meets the requirements
specified in section 148E.120. The supervision must be provided:
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(1)
by a licensed independent clinical social worker; or
(2)
by a supervisor who meets the requirements specified in section 148E.120,
subdivision 2.
Subd.
5. Supervisee requirements. The
supervisee must:
(1)
to the satisfaction of the supervisor, practice competently and ethically
according to 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 according to section 148E.125, subdivision 1; and
(4)
verify supervised practice according to section 148E.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 clinical
social worker license.
Subd.
6. Supervision required. 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 according to section 148E.120,
subdivision 2.
Subd.
7. Limit on practice of clinical social
work. (a) Except as provided in subdivision 8, 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.
(b)
Notwithstanding the requirements of paragraph (a), 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.
Subd.
8. Eligibility to apply for licensure as a
licensed independent social worker. Upon completion of 4,000 hours
of clinical social work practice, including at least 1,800 hours of direct
clinical client contact and 200 hours of supervision according to the
requirements of this section, a licensed graduate social worker is eligible to
apply for a licensed independent clinical social worker license under section
148E.115, subdivision 1.
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Subd.
9. 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 according
to section 148E.125, subdivision 2.
Sec.
85. [148E.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 100 hours of supervision during 4,000 hours of
postgraduate social work practice required by law according to the requirements
of section 148E.105, subdivisions 3, 4, and 5. At least four hours of
supervision must be obtained during every 160 hours of practice.
Subd.
2. Licensed independent social workers;
clinical social work after licensure. 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 according to section 148E.120, subdivision 2.
Subd.
3. Limit on practice of clinical social
work. (a) Except as provided in paragraph (b), 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.
(b)
Notwithstanding the requirements of paragraph (a), 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.
4. 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.
86. [148E.115] LICENSED INDEPENDENT
CLINICAL SOCIAL WORKERS; SUPERVISION.
Subdivision
1. Supervision required before licensure.
Before becoming licensed as a licensed independent clinical social worker, a
person must have obtained at least 200 hours of supervision during 4,000 hours
of postgraduate clinical practice required by law according to the requirements
of section 148E.106.
Subd.
2. No supervision required after licensure.
After licensure, a licensed independent clinical social worker is not
required to be supervised.
Sec.
87. [148E.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:
(1)
have at least 2,000 hours of experience in authorized social work practice. If
the person is providing clinical supervision, the 2,000 hours must include
1,000 hours of experience in clinical practice;
(2)
have completed 30 hours of training in supervision through coursework from an
accredited college or university, or through continuing education in compliance
with sections 148E.130 to 148E.170;
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(3)
be competent in the activities being supervised; and
(4)
attest, on a form provided by the board, that the social worker has met the
applicable requirements specified in this section and sections 148E.100 to
148E.115. The board may audit the information provided to determine compliance
with the requirements of this section.
(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 according 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 according to paragraph
(b);
(2)
the licensee requests in the supervision plan submitted according to section
148E.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 according to section 148E.125, subdivision 1, that the licensee has
conducted a thorough search for a supervisor meeting the applicable licensure
requirements specified in sections 148E.100 to 148E.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 requirements specified in paragraph (b) do not apply to obtaining
supervision for clinical practice if the board determines that there are five
or fewer licensed independent clinical social workers in the county where the
licensee practices social work.
(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 148E.065, and who has
qualifications equivalent to the applicable requirements specified in sections
148E.100 to 148E.115;
(2)
be a social worker engaged in authorized practice in Iowa, Manitoba, North
Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications
equivalent to the applicable requirements specified in sections 148E.100 to
148E.115; or
(3)
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.
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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.
88. [148E.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 148E.100 to
148E.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 148E.180 when the licensee applies for license
renewal.
(d)
A license renewal application submitted according 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;
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(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
148E.100, subdivision 3, or 148E.105, subdivision 3, or as required in section
148E.115.
(g)
For failure to submit a revised supervision plan as required in paragraph (f),
a supervisee must pay the supervision plan late fee specified in section
148E.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 148E.195 to 148E.240;
(6)
a declaration that the supervisee has practiced competently and ethically
according to 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;
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(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 under subdivision 2,
the board must receive verification of supervised practice if:
(1)
the board audits the supervision of a supervisee; 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 according 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 148E.195 to 148E.240;
(6)
a declaration that the supervisee has practiced ethically and competently
according to 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;
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(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.
Sec. 89. [148E.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 40 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. Requirement for LICSWs. For licensed independent clinical
social workers, at least 24 of the clock hours required under subdivision 1
must be in the clinical content areas specified in section 148E.055,
subdivision 5.
Subd. 4. Requirement for supervisors. For social workers providing
supervision according to sections 148E.100 to 148E.125, at least six of the
clock hours required under subdivision 1 must be in the practice of
supervision.
Subd. 5. 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. For purposes of subdivision 6, independent study includes consultation
with an experienced supervisor regarding the practice of supervision.
Subd. 6. Coursework. One credit of coursework in a semester-based
academic institution is the equivalent of 15 clock hours.
Subd. 7. 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. 90. [148E.135] APPROVAL OF CLOCK HOURS.
Subdivision 1. Ways of approving clock hours. The clock hours required
under section 148E.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
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(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.
91. [148E.140] VARIANCES.
The
board may grant a variance to the continuing education requirements specified
in section 148E.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.
92. [148E.145] CONTINUING EDUCATION
PROVIDERS APPROVED BY 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 148E.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. (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 148E.195 to 148E.240;
(2)
whether the material to be presented will contribute to the practice of social
work as defined in section 148E.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.
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(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. Records retention; 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. 93. [148E.150] APPROVED CONTINUING EDUCATION
PROVIDERS.
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. 94. [148E.155] APPROVED CONTINUING EDUCATION
PROGRAMS.
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. 95. [148E.160] CONTINUING EDUCATION PROGRAMS
APPROVED BY 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 148E.195 to 148E.240;
(2) contribute to the
practice of social work as defined in section 148E.010; and
(3) not be primarily
procedural or be primarily oriented towards business practices or
self-development.
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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.
96. [148E.165] CONTINUING EDUCATION
REQUIREMENTS OF LICENSEES.
Subdivision
1. Records retention; 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;
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(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 148E.130 to 148E.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. 97. [148E.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 148E.130 to 148E.170.
Sec. 98. [148E.175] FEES.
The fees specified in
section 148E.180 are nonrefundable and must be deposited in the state
government special revenue fund.
Sec. 99. [148E.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 according to section 148E.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;
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(5) for an emeritus license,
$43.20; 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 according
to section 148E.145, $50;
(2) for a provider who
offers programs totaling nine to 16 clock hours in a one-year period according
to section 148E.145, $100;
(3) for a provider who
offers programs totaling 17 to 32 clock hours in a one-year period according to
section 148E.145, $200;
(4) for a provider who
offers programs totaling 33 to 48 clock hours in a one-year period according to
section 148E.145, $400; and
(5) for a provider who
offers programs totaling 49 or more clock hours in a one-year period according
to section 148E.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 148E.095 is $10.
(b) The fee for a license
wall certificate as specified in section 148E.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.
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Sec. 100. [148E.185] PURPOSE OF COMPLIANCE LAWS.
The purpose of sections
148E.185 to 148E.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. 101. [148E.190] GROUNDS FOR ACTION.
Subdivision 1. Scope. The grounds for action in subdivisions 2 to 4 and
the standards of practice requirements in sections 148E.195 to 148E.240 apply
to all licensees and applicants.
Subd. 2. Violations. The board has grounds to take action
according to sections 148E.255 to 148E.270 when a social worker violates:
(1) a statute or rule
enforced by the board, including this section and sections 148E.195 to
148E.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 148E.195 to 148E.240 is grounds for the
board to take action under sections 148E.255 to 148E.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 148E.195 to 148E.240.
Subd. 4. Unauthorized practice. The board has grounds to take
action according to sections 148E.255 to 148E.270 when a social worker:
(1) practices outside the
scope of practice authorized by section 148E.050;
(2) engages in the practice
of social work without a social work license under section 148E.055 or
148E.060, except when the social worker is exempt from licensure under section
148E.065;
(3) provides social work
services to a client who receives social work services in this state, and is
not licensed under section 148E.055 or 148E.060, except when the social worker
is exempt from licensure under section 148E.065.
Sec. 102. [148E.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:
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(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 according to section 148E.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 according to sections 148E.055 and
148E.060 or practices in a setting exempt from licensure according to section
148E.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 according to sections 148E.055 and
148E.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.
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Sec.
103. [148E.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 148E.100 to
148E.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 according to sections 148E.055 and 148E.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.
104. [148E.205] IMPAIRMENT.
Subdivision
1. Grounds for action. The board
has grounds to take action under sections 148E.255 to 148E.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.
105. [148E.210] PROFESSIONAL AND
ETHICAL CONDUCT.
The
board has grounds to take action under sections 148E.255 to 148E.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.
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Sec.
106. [148E.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.
107. [148E.220] RELATIONSHIPS WITH
CLIENTS, FORMER CLIENTS, AND OTHERS.
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
Journal of the House - 40th
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(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 for a
period of two years following the termination of the professional relationship.
After two years following the termination of the professional relationship, a
social worker who has engaged in diagnosing, counseling, or treating a client with
a mental, emotional, or behavioral disorder 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.
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(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 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 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 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 client.
(a) Unless authorized by law, a social worker must not offer medication or
controlled substances to a client.
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(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 the
offer is authorized or prescribed by a physician or is offered according to a
client's care plan.
(d)
A social worker must not accept alcoholic beverages from a client.
Subd.
15. Relationship with 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.
108. [148E.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