1.1    .................... moves to amend H. F. No. 26, the first committee engrossment,
1.2as follows:
1.3Page 23, after line 14, insert:

1.4    "Sec. 38. Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to read:
1.5    Subd. 5. Scope of practice. (a) The scope of practice of a licensed professional
1.6counselor includes, but is not limited to:
1.7    (1) the implementation of professional counseling treatment interventions including
1.8evaluation, treatment planning, assessment, and referral;
1.9    (2) direct counseling services to individuals, groups, and families;
1.10    (3) counseling strategies that effectively respond to multicultural populations;
1.11    (4) knowledge of relevant laws and ethics impacting practice;
1.12    (5) crisis intervention;
1.13    (6) consultation; and
1.14    (7) program evaluation and applied research.
1.15    (b) For the purposes of paragraph (a), clause (1), "professional counseling treatment
1.16interventions" means the application of cognitive, affective, behavioral, systemic, and
1.17community counseling strategies which include principles of human development,
1.18wellness, and pathology. Counselors provide mental health services for clients whose
1.19symptoms significantly interfere with daily functioning and would most likely not improve
1.20in a reasonable time period without intervention.
1.21    (c) Licensed professional counseling does not include activities or services
1.22undertaken by persons listed in section 148B.592, or the performance of any act that
1.23licensed professional counselors are not educated and trained to perform.
1.24    (d) In order to evaluate and treat mental illness, a licensed professional counselor
1.25must complete the postgraduate training specified in section 245.462, subdivision 18,
1.26clause (6), or 245.4871, subdivision 27, clause (6).

2.1    Sec. 5. Minnesota Statutes 2006, section 148B.53, subdivision 1, is amended to read:
2.2    Subdivision 1. General requirements. (a) To be licensed as a licensed professional
2.3counselor (LPC), an applicant must provide evidence satisfactory to the board that the
2.4applicant:
2.5    (1) is at least 18 years of age;
2.6    (2) is of good moral character;
2.7    (3) has completed a master's or doctoral degree program in counseling or a related
2.8field, as determined by the board based on the criteria in paragraph (b), that includes a
2.9minimum of 48 semester hours or 72 quarter hours and a supervised field experience of
2.10not fewer than 700 hours that is counseling in nature;
2.11    (4) has submitted to the board a plan for supervision during the first 2,000 hours
2.12of professional practice or has submitted proof of supervised professional practice that
2.13is acceptable to the board; and
2.14    (5) has demonstrated competence in professional counseling by passing the National
2.15Counseling Exam (NCE) administered by the National Board for Certified Counselors,
2.16Inc. (NBCC) or an equivalent national examination as determined by the board, and
2.17ethical, oral, and situational examinations if prescribed by the board.
2.18    (b) The degree described in paragraph (a), clause (3), must be from a counseling
2.19program recognized by the Council for Accreditation of Counseling and Related Education
2.20Programs (CACREP) or from an institution of higher education that is accredited by
2.21a regional accrediting organization recognized by the Council for Higher Education
2.22Accreditation (CHEA). Except as provided in paragraph (e), Specific academic course
2.23content and training must include course work in each of the following subject areas:
2.24    (1) the helping relationship, including counseling theory and practice;
2.25    (2) human growth and development;
2.26    (3) lifestyle and career development;
2.27    (4) group dynamics, processes, counseling, and consulting;
2.28    (5) assessment and appraisal;
2.29    (6) social and cultural foundations, including multicultural issues;
2.30    (7) principles of etiology, treatment planning, and prevention of mental and
2.31emotional disorders and dysfunctional behavior;
2.32    (8) family counseling and therapy;
2.33    (9) research and evaluation; and
2.34    (10) professional counseling orientation and ethics.
3.1    (c) To be licensed as a professional counselor, a psychological practitioner licensed
3.2under section 148.908 need only show evidence of licensure under that section and is not
3.3required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph (b).
3.4    (d) To be licensed as a professional counselor, a Minnesota licensed psychologist
3.5need only show evidence of licensure from the Minnesota Board of Psychology and is not
3.6required to comply with paragraph (a) or (b).
3.7    (e) If the degree described in paragraph (a), clause (3), is from a counseling program
3.8recognized by the Council for Accreditation of Counseling and Related Education
3.9Programs (CACREP), the applicant is deemed to have met the specific course work
3.10requirements of paragraph (b)."
3.11Page 23, after line 21, insert:
3.12    "(5) initial license application fee for licensed professional clinical counseling
3.13(LPCC) - $150;
3.14    (6) initial license fee for LPCC - $250;
3.15    (7) annual active license renewal fee for LPCC - $250 or equivalent;
3.16    (8) annual inactive license renewal fee for LPCC - $125;"
3.17Page 23, line 22, delete "(5)" and insert "(9)"
3.18Page 23, line 23, delete "(6)" and insert "(10)"
3.19Page 23, line 24, delete "(7)" and insert "(11)"
3.20Page 23, line 25, delete "(8)" and insert "(12)"
3.21Page 23, line 26, delete "(9)" and insert "(13)"
3.22Page 23, line 27, delete "(10)" and insert "(14)"
3.23Page 23, line 28, delete "(11)" and insert "(15)"
3.24Page 23, line 29, delete "(12)" and insert "(16)"
3.25Page 23, line 30, delete "(13)" and insert "(17)"
3.26Page 23, after line 30, insert:

3.27    "Sec. 39. [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED
3.28PROFESSIONAL CLINICAL COUNSELOR.
3.29    Subdivision 1. General requirements. (a) To be licensed as a licensed professional
3.30clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
3.31that the applicant:
3.32    (1) is at least 18 years of age;
3.33    (2) is of good moral character;
3.34    (3) has completed a master's or doctoral degree program in counseling or a
3.35related field, as determined by the board based on the criteria in items (i) to (x), that
3.36includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
4.1experience in counseling that is not fewer than 700 hours. The degree must be from
4.2a counseling program recognized by the Council for Accreditation of Counseling and
4.3Related Education Programs (CACREP) or from an institution of higher education that is
4.4accredited by a regional accrediting organization recognized by the Council for Higher
4.5Education Accreditation (CHEA). Specific academic course content and training must
4.6include course work in each of the following subject areas:
4.7    (i) helping relationship, including counseling theory and practice;
4.8    (ii) human growth and development;
4.9    (iii) lifestyle and career development;
4.10    (iv) group dynamics, processes, counseling, and consulting;
4.11    (v) assessment and appraisal;
4.12    (vi) social and cultural foundations, including multicultural issues;
4.13    (vii) principles of etiology, treatment planning, and prevention of mental and
4.14emotional disorders and dysfunctional behavior;
4.15    (viii) family counseling and therapy;
4.16    (ix) research and evaluation; and
4.17    (x) professional counseling orientation and ethics;
4.18    (4) has demonstrated competence in professional counseling by passing the National
4.19Clinical Mental Health Counseling Examination (NCMHCE), administered by the
4.20National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
4.21examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have
4.22taken and passed the National Counselor Examination (NCE) administered by the NBCC,
4.23or another board-approved examination, need only take and pass the Examination of
4.24Clinical Counseling Practice (ECCP) administered by the NBCC;
4.25    (5) has earned graduate-level semester credits or quarter-credit equivalents in the
4.26following clinical content areas as follows:
4.27    (i) six credits in diagnostic assessment for child or adult mental disorders; normative
4.28development; and psychopathology, including developmental psychopathology;
4.29    (ii) three credits in clinical treatment planning, with measurable goals;
4.30    (iii) six credits in clinical intervention methods informed by research evidence and
4.31community standards of practice;
4.32    (iv) three credits in evaluation methodologies regarding the effectiveness of
4.33interventions;
4.34    (v) three credits in professional ethics applied to clinical practice; and
4.35    (vi) three credits in cultural diversity; and
5.1    (6) has demonstrated successful completion of 4,000 hours of supervised,
5.2postmaster's degree professional practice in the delivery of clinical services in the
5.3diagnosis and treatment of child and adult mental illnesses and disorders, conducted
5.4according to subdivision 2.
5.5    (b) If course work in paragraph (a) was not completed as part of the degree program
5.6required by paragraph (a), clause (3), the course work must be taken and passed for credit,
5.7and must be earned from a counseling program or institution that meets the requirements
5.8of paragraph (a), clause (3).
5.9    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed
5.104,000 hours of postmaster's degree supervised professional practice in the delivery of
5.11clinical services in the diagnosis and treatment of mental illnesses and disorders in
5.12both children and adults. The supervised practice shall be conducted according to the
5.13requirements in paragraphs (b) to (e).
5.14    (b) The supervision must have been received under a contract that defines clinical
5.15practice and supervision from a mental health professional as defined in section 245.462,
5.16subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6),
5.17or by a board-approved supervisor, who has at least two years of postlicensure experience
5.18in the delivery of clinical services in the diagnosis and treatment of mental illnesses and
5.19disorders.
5.20    (c) The supervision must be obtained at the rate of two hours of supervision per 40
5.21hours of professional practice. The supervision must be evenly distributed over the course
5.22of the supervised professional practice. At least 75 percent of the required supervision
5.23hours must be received in person. The remaining 25 percent of the required hours may be
5.24received by telephone or by audio or audiovisual electronic device. At least 50 percent of
5.25the required hours of supervision must be received on an individual basis. The remaining
5.2650 percent may be received in a group setting.
5.27    (d) The supervised practice must include at least 1,800 hours of clinical client
5.28contact.
5.29    (e) The supervised practice must be clinical practice. Supervision includes the
5.30observation by the supervisor of the successful application of professional counseling
5.31knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
5.32function, disability, or impairment, including addictions and emotional, mental, and
5.33behavioral disorders.
5.34    Subd. 3. Conversion from licensed professional counselor to licensed clinical
5.35counselor. (a) Until August 1, 2011, an individual currently licensed in the state of
6.1Minnesota as a licensed professional counselor may convert to a LPCC by providing
6.2evidence satisfactory to the board that the applicant has met the following requirements:
6.3    (1) is at least 18 years of age;
6.4    (2) is of good moral character;
6.5    (3) has a license that is active and in good standing;
6.6    (4) has no complaints pending, uncompleted disciplinary orders, or corrective
6.7action agreements;
6.8    (5) has completed a master's or doctoral degree program in counseling or a related
6.9field, as determined by the board, and whose degree was from a counseling program
6.10recognized by CACREP or from an institution of higher education that is accredited by a
6.11regional accrediting organization recognized by CHEA;
6.12    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
6.13clinical course work which includes content in the following clinical areas:
6.14    (i) diagnostic assessment for child and adult mental disorders; normative
6.15development; and psychopathology, including developmental psychopathology;
6.16    (ii) clinical treatment planning, with measurable goals;
6.17    (iii) clinical intervention methods informed by research evidence and community
6.18standards of practice;
6.19    (iv) evaluation methodologies regarding the effectiveness of interventions;
6.20    (v) professional ethics applied to clinical practice; and
6.21    (vi) cultural diversity;
6.22    (7) has demonstrated, to the satisfaction of the board, successful completion of
6.234,000 hours of supervised, postmaster's degree professional practice in the delivery
6.24of clinical services in the diagnosis and treatment of child and adult mental illnesses
6.25and disorders; and
6.26    (8) has paid the LPCC application and licensure fees required in section 148B.53,
6.27subdivision 3.
6.28    (b) If the course work in paragraph (a) was not completed as part of the degree
6.29program required by paragraph (a), clause (5), the course work must be taken and passed
6.30for credit, and must be earned from a counseling program or institution that meets the
6.31requirements in paragraph (a), clause (5).
6.32    (c) This subdivision expires August 1, 2011.
6.33    Subd. 4. Conversion to licensed professional clinical counselor after August 1,
6.342011. An individual licensed in the state of Minnesota as a licensed professional counselor
6.35may convert to a LPCC by providing evidence satisfactory to the board that the applicant
6.36has met the requirements of subdivisions 1 and 2, subject to the following:
7.1    (1) the individual's license must be active and in good standing;
7.2    (2) the individual must not have any complaints pending, uncompleted disciplinary
7.3orders, or corrective action agreements; and
7.4    (3) the individual has paid the LPCC application and licensure fees required in
7.5section 148B.53, subdivision 3.
7.6    Subd. 5. Scope of practice. The scope of practice of a LPCC shall include all
7.7those services provided by mental health professionals as defined in section 245.462,
7.8subdivision 18, and section 245.4871, subdivision 27.
7.9    Subd. 6. Jurisdiction. LPCC's are subject to the board's statutes and rules to the
7.10same extent as licensed professional counselors."
7.11Page 42, line 7, after the period insert "An applicant for licensure as a licensed
7.12professional clinical counselor must present evidence of completion of a degree equivalent
7.13to that required in section 148B.5301, subdivision 1, clause (3)."
7.14Page 42, after line 24, insert:

7.15    "Sec. 60. [148E.001] CITATION.
7.16    This chapter may be cited as the "Minnesota Board of Social Work Practice Act."

7.17    Sec. 61. [148E.010] DEFINITIONS.
7.18    Subdivision 1. Scope. For the purpose of this chapter, the terms in this section
7.19have the meanings given.
7.20    Subd. 2. Applicant. "Applicant" means a person who submits an application to
7.21the board for a new license, a license renewal, a change in license, an inactive license,
7.22reactivation of a license, or a voluntary termination.
7.23    Subd. 3. Application. "Application" means an application to the board for a new
7.24license, a license renewal, a change in license, an inactive license, reactivation of a
7.25license, or voluntary termination.
7.26    Subd. 4. Board. "Board" means the Board of Social Work created under section
7.27148E.025.
7.28    Subd. 5. Client. "Client" means an individual, couple, family, group, community, or
7.29organization that receives or has received social work services as described in subdivision
7.309.
7.31    Subd. 6. Clinical practice. "Clinical practice" means applying professional
7.32social work knowledge, skills, and values in the differential diagnosis and treatment of
7.33psychosocial function, disability, or impairment, including addictions and emotional,
7.34mental, and behavioral disorders. Treatment includes a plan based on a differential
8.1diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to
8.2individuals, couples, families, and groups across the life span. Clinical social workers
8.3may also provide the services described in subdivision 11.
8.4    Subd. 7. Clinical supervision. "Clinical supervision" means supervision as defined
8.5in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6.
8.6    Subd. 8. Graduate degree. "Graduate degree" means a master's degree in social
8.7work from a program accredited by the Council on Social Work Education, the Canadian
8.8Association of Schools of Social Work, or a similar accreditation body designated by the
8.9board; or a doctorate in social work from an accredited university.
8.10    Subd. 9. Intern. "Intern" means a student in field placement working under the
8.11supervision or direction of a social worker.
8.12    Subd. 10. Person-in-environment perspective. "Person-in-environment
8.13perspective" means viewing human behavior, development, and function in the context
8.14of one or more of the following: the environment, social functioning, mental health,
8.15and physical health.
8.16    Subd. 11. Practice of social work. "Practice of social work" means working
8.17to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
8.18functioning of clients, in a manner that applies accepted professional social work
8.19knowledge, skills, and values, including the person-in-environment perspective, by
8.20providing in person or through telephone, video conferencing, or electronic means one or
8.21more of the social work services described in clauses (1) to (3). Social work services may
8.22address conditions that impair or limit behavioral, cognitive, emotional, mental, or social
8.23functioning. Such conditions include, but are not limited to, the following: abuse and
8.24neglect of children or vulnerable adults, addictions, developmental disorders, disabilities,
8.25discrimination, illness, injuries, poverty, and trauma. Social work services include:
8.26    (1) providing assessment and intervention through direct contact with clients,
8.27developing a plan based on information from an assessment, and providing services which
8.28include, but are not limited to, assessment, case management, client-centered advocacy,
8.29client education, consultation, counseling, crisis intervention, and referral;
8.30    (2) providing for the direct or indirect benefit of clients through administrative,
8.31educational, policy, or research services including, but not limited to:
8.32    (i) advocating for policies, programs, or services to improve the well-being of clients;
8.33    (ii) conducting research related to social work services;
8.34    (iii) developing and administering programs which provide social work services;
9.1    (iv) engaging in community organization to address social problems through
9.2planned collective action;
9.3    (v) supervising individuals who provide social work services to clients;
9.4    (vi) supervising social workers in order to comply with the supervised practice
9.5requirements specified in sections 148E.100 to 148E.125; and
9.6    (vii) teaching professional social work knowledge, skills, and values to students; and
9.7    (3) engaging in clinical practice.
9.8    Subd. 12. Professional name. "Professional name" means the name a licensed
9.9social worker uses in making representations of the social worker's professional status
9.10to the public and which has been designated to the board in writing according to section
9.11148E.090.
9.12    Subd. 13. Professional social work knowledge, skills, and values. "Professional
9.13social work knowledge, skills, and values" means the knowledge, skills, and values
9.14taught in programs accredited by the Council on Social Work Education, the Canadian
9.15Association of Schools of Social Work, or a similar accreditation body designated by
9.16the board; or a doctorate in social work from an accredited university. Professional
9.17social work knowledge, skills, and values include, but are not limited to, principles of
9.18person-in-environment and the values, principles, and standards described in the Code
9.19of Ethics of the National Association of Social Workers.
9.20    Subd. 14. Sexual conduct. "Sexual conduct" means any physical contact or
9.21conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or
9.22other communication that suggests engaging in physical contact or conduct that may be
9.23reasonably interpreted as sexual.
9.24    Subd. 15. Social worker. "Social worker" means an individual who:
9.25    (1) is licensed as a social worker; or
9.26    (2) has obtained a social work degree from a program accredited by the Council on
9.27Social Work Education, the Canadian Association of Schools of Social Work, or a similar
9.28accreditation body designated by the board and engages in the practice of social work.
9.29    Subd. 16. Student. "Student" means an individual who is taught professional
9.30social work knowledge, skills, and values in a program that has been accredited by the
9.31Council on Social Work Education, the Canadian Association of Schools of Social Work,
9.32or a similar accreditation body designated by the board.
9.33    Subd. 17. Supervisee. "Supervisee" means an individual provided evaluation and
9.34supervision or direction by a social worker.
10.1    Subd. 18. Supervision. "Supervision" means a professional relationship between a
10.2supervisor and a social worker in which the supervisor provides evaluation and direction
10.3of the services provided by the social worker to promote competent and ethical services
10.4to clients through the continuing development of the social worker's knowledge and
10.5application of accepted professional social work knowledge, skills, and values.

10.6    Sec. 62. [148E.015] SCOPE.
10.7    This chapter applies to all applicants and licensees, all persons who use the title social
10.8worker, and all persons in or out of this state who provide social work services to clients
10.9who reside in this state unless there are specific applicable exemptions provided by law.

10.10    Sec. 63. [148E.020] CHAPTER 214.
10.11    Chapter 214 applies to the Board of Social Work unless superseded by this chapter.

10.12    Sec. 64. [148E.025] BOARD OF SOCIAL WORK.
10.13    Subdivision 1. Creation. The Board of Social Work consists of 15 members
10.14appointed by the governor. The members are:
10.15    (1) ten social workers licensed according to section 148E.055; and
10.16    (2) five public members as defined in section 214.02.
10.17    Subd. 2. Qualifications of board members. (a) All social worker members must
10.18have engaged in the practice of social work in Minnesota for at least one year during
10.19the ten years preceding their appointments.
10.20    (b) Five social worker members must be licensed social workers. The other five
10.21members must be a licensed graduate social worker, a licensed independent social worker,
10.22or a licensed independent clinical social worker.
10.23    (c) Eight social worker members must be engaged at the time of their appointment in
10.24the practice of social work in Minnesota in the following settings:
10.25    (1) one member must be engaged in the practice of social work in a county agency;
10.26    (2) one member must be engaged in the practice of social work in a state agency;
10.27    (3) one member must be engaged in the practice of social work in an elementary,
10.28middle, or secondary school;
10.29    (4) one member must be employed in a hospital or nursing home licensed under
10.30chapter 144 or 144A;
10.31    (5) two members must be engaged in the practice of social work in a private agency;
10.32    (6) one member must be engaged in the practice of social work in a clinical social
10.33work setting; and
11.1    (7) one member must be an educator engaged in regular teaching duties at a
11.2program of social work accredited by the Council on Social Work Education or a similar
11.3accreditation body designated by the board.
11.4    (d) At the time of their appointments, at least six members must reside outside of the
11.5seven-county metropolitan area.
11.6    (e) At the time of their appointments, at least five members must be persons with
11.7expertise in communities of color.
11.8    Subd. 3. Officers. The board must annually elect from its membership a chair,
11.9vice-chair, and secretary-treasurer.
11.10    Subd. 4. Bylaws. The board must adopt bylaws to govern its proceedings.
11.11    Subd. 5. Executive director. The board must appoint and employ an executive
11.12director who is not a member of the board. The employment of the executive director shall
11.13be subject to the terms described in section 214.04, subdivision 2a.

11.14    Sec. 65. [148E.030] DUTIES OF THE BOARD.
11.15    Subdivision 1. Duties. The board must perform the duties necessary to promote
11.16and protect the public health, safety, and welfare through the licensure and regulation of
11.17persons who practice social work in this state. These duties include, but are not limited to:
11.18    (1) establishing the qualifications and procedures for individuals to be licensed
11.19as social workers;
11.20    (2) establishing standards of practice for social workers;
11.21    (3) holding examinations or contracting with the Association of Social Work Boards
11.22or a similar examination body designated by the board to hold examinations to assess
11.23applicants' qualifications;
11.24    (4) issuing licenses to qualified individuals according to sections 148E.055 and
11.25148E.060;
11.26    (5) taking disciplinary, adversarial, corrective, or other action according to sections
11.27148E.255 to 148E.270 when an individual violates the requirements of this chapter;
11.28    (6) assessing fees according to sections 148E.175 and 148E.180; and
11.29    (7) educating social workers and the public on the requirements of the board.
11.30    Subd. 2. Rules. The board may adopt and enforce rules to carry out the duties
11.31specified in subdivision 1.

11.32    Sec. 66. [148E.035] VARIANCES.
11.33    If the effect of a requirement according to this chapter is unreasonable, impossible to
11.34execute, absurd, or would impose an extreme hardship on a licensee, the board may grant
11.35a variance if the variance is consistent with promoting and protecting the public health,
12.1safety, and welfare. A variance must not be granted for core licensing standards such as
12.2substantive educational and examination requirements.

12.3    Sec. 67. [148E.040] IMMUNITY.
12.4    Board members, board employees, and persons engaged on behalf of the board are
12.5immune from civil liability for any actions, transactions, or publications in the lawful
12.6execution of or relating to their duties under this chapter.

12.7    Sec. 68. [148E.045] CONTESTED CASE HEARING.
12.8    An applicant or a licensee who is the subject of a disciplinary or adversarial action
12.9by the board according to this chapter may request a contested case hearing under sections
12.1014.57 to 14.62. An applicant or a licensee who desires to request a contested case hearing
12.11must submit a written request to the board within 90 days after the date on which the board
12.12mailed the notification of the adverse action, except as otherwise provided in this chapter.

12.13    Sec. 69. [148E.050] LICENSING; SCOPE OF PRACTICE.
12.14    Subdivision 1. Requirements. The practice of social work must comply with the
12.15requirements of subdivision 2, 3, 4, or 5.
12.16    Subd. 2. Licensed social worker. A licensed social worker may engage in social
12.17work practice except that a licensed social worker must not engage in clinical practice.
12.18    Subd. 3. Licensed graduate social worker. A licensed graduate social worker may
12.19engage in social work practice except that a licensed graduate social worker must not
12.20engage in clinical practice except under the supervision of a licensed independent clinical
12.21social worker or an alternate supervisor according to section 148E.120.
12.22    Subd. 4. Licensed independent social worker. A licensed independent social
12.23worker may engage in social work practice except that a licensed independent social
12.24worker must not engage in clinical practice except under the supervision of a licensed
12.25independent clinical social worker or an alternate supervisor according to section
12.26148E.120.
12.27    Subd. 5. Licensed independent clinical social worker. A licensed independent
12.28clinical social worker may engage in social work practice, including clinical practice.

12.29    Sec. 70. [148E.055] LICENSE REQUIREMENTS.
12.30    Subdivision 1. License required. (a) In order to practice social work, an individual
12.31must have a social work license under this section or section 148E.060, except when the
12.32individual is exempt from licensure according to section 148E.065.
12.33    (b) Individuals who teach professional social work knowledge, skills, and values to
12.34students and who have a social work degree from a program accredited by the Council
13.1on Social Work Education, the Canadian Association of Schools of Social Work, or a
13.2similar accreditation body designated by the board must have a social work license under
13.3this section or section 148E.060, except when the individual is exempt from licensure
13.4according to section 148E.065.
13.5    Subd. 2. Qualifications for licensure by examination as a licensed social worker.
13.6    (a) Except as provided in paragraph (i), to be licensed as a licensed social worker, an
13.7applicant for licensure by examination must provide evidence satisfactory to the board
13.8that the applicant:
13.9    (1) has received a baccalaureate degree in social work from a program accredited by
13.10the Council on Social Work Education, the Canadian Association of Schools of Social
13.11Work, or a similar accreditation body designated by the board, or a doctorate in social
13.12work from an accredited university;
13.13    (2) has passed the bachelors or equivalent examination administered by the
13.14Association of Social Work Boards or a similar examination body designated by the board.
13.15Unless an applicant applies for licensure by endorsement according to subdivision 7, an
13.16examination is not valid if it was taken and passed eight or more years prior to submitting
13.17a completed, signed application form provided by the board. The examination may be
13.18taken prior to completing degree requirements;
13.19    (3) has submitted a completed, signed application form provided by the board,
13.20including the applicable application fee specified in section 148E.180. For applications
13.21submitted electronically, a "signed application" means providing an attestation as specified
13.22by the board;
13.23    (4) has submitted the criminal background check fee and a form provided by the
13.24board authorizing a criminal background check according to subdivision 8;
13.25    (5) has paid the applicable license fee specified in section 148E.180; and
13.26    (6) has not engaged in conduct that was or would be in violation of the standards
13.27of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
13.28conduct that was or would be in violation of the standards of practice, the board may take
13.29action according to sections 148E.255 to 148E.270.
13.30    (b) An application that is not completed and signed, or that is not accompanied by the
13.31correct fee, must be returned to the applicant, along with any fee submitted, and is void.
13.32    (c) A licensee granted a license by the board according to paragraph (a) must meet
13.33the supervised practice requirements specified in sections 148E.100 to 148E.125. If a
13.34licensee does not meet the supervised practice requirements, the board may take action
13.35according to sections 148E.255 to 148E.270.
14.1    (d) By submitting an application for licensure, an applicant authorizes the board to
14.2investigate any information provided or requested in the application. The board may
14.3request that the applicant provide additional information, verification, or documentation.
14.4    (e) Within one year of the time the board receives an application for licensure, the
14.5applicant must meet all the requirements specified in paragraph (a) and must provide all of
14.6the information requested by the board according to paragraph (d). If within one year the
14.7applicant does not meet all the requirements, or does not provide all of the information
14.8requested, the applicant is considered ineligible and the application for licensure must
14.9be closed.
14.10    (f) Except as provided in paragraph (g), an applicant may not take more than three
14.11times the bachelors or equivalent examination administered by the Association of Social
14.12Work Boards, or a similar examination body designated by the board. An applicant must
14.13receive a passing score on the bachelors or equivalent examination administered by the
14.14Association of Social Work Boards or a similar examination body designated by the board
14.15in no more than 18 months after the date the applicant first failed the examination.
14.16    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
14.17fourth or subsequent time, the bachelors or equivalent examination administered by the
14.18Association of Social Work Boards or a similar examination body designated by the
14.19board if the applicant:
14.20    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
14.21bachelors or equivalent examination administered by the Association of Social Work
14.22Boards or a similar examination body designated by the board;
14.23    (2) provides to the board a description of the efforts the applicant has made to
14.24improve the applicant's score and demonstrates to the board's satisfaction that the efforts
14.25are likely to improve the score; and
14.26    (3) provides to the board letters of recommendation from two licensed social
14.27workers attesting to the applicant's ability to practice social work competently and
14.28ethically according to professional social work knowledge, skills, and values.
14.29    (h) An individual must not practice social work until the individual passes the
14.30examination and receives a social work license under this section or section 148E.060. If
14.31the board has reason to believe that an applicant may be practicing social work without a
14.32license, and the applicant has failed the bachelors or equivalent examination administered
14.33by the Association of Social Work Boards or a similar examination body designated by
14.34the board, the board may notify the applicant's employer that the applicant is not licensed
14.35as a social worker.
15.1    Subd. 3. Qualifications for licensure by examination as licensed graduate
15.2social worker. (a) Except as provided in paragraph (i), to be licensed as a licensed
15.3graduate social worker, an applicant for licensure by examination must provide evidence
15.4satisfactory to the board that the applicant:
15.5    (1) has received a graduate degree in social work from a program accredited by
15.6the Council on Social Work Education, the Canadian Association of Schools of Social
15.7Work, or a similar accreditation body designated by the board, or a doctorate in social
15.8work from an accredited university;
15.9    (2) has passed the masters or equivalent examination administered by the Association
15.10of Social Work Boards or a similar examination body designated by the board. Unless an
15.11applicant applies for licensure by endorsement according to section 148E.055, subdivision
15.127 , an examination is not valid if it was taken and passed eight or more years prior to
15.13submitting a completed, signed application form provided by the board. The examination
15.14may be taken prior to completing degree requirements;
15.15    (3) has submitted a completed, signed application form provided by the board,
15.16including the applicable application fee specified in section 148E.180. For applications
15.17submitted electronically, a "signed application" means providing an attestation as specified
15.18by the board;
15.19    (4) has submitted the criminal background check fee and a form provided by the
15.20board authorizing a criminal background check according to subdivision 8;
15.21    (5) has paid the applicable license fee specified in section 148E.180; and
15.22    (6) has not engaged in conduct that was or would be in violation of the standards
15.23of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
15.24conduct that was or would be in violation of the standards of practice, the board may take
15.25action according to sections 148E.255 to 148E.270.
15.26    (b) An application which is not completed and signed, or which is not accompanied
15.27by the correct fee, must be returned to the applicant, along with any fee submitted, and is
15.28void.
15.29    (c) A licensee granted a license by the board according to paragraph (a) must meet
15.30the supervised practice requirements specified in sections 148E.100 to 148E.125. If a
15.31licensee does not meet the supervised practice requirements, the board may take action
15.32according to sections 148E.255 to 148E.270.
15.33    (d) By submitting an application for licensure, an applicant authorizes the board to
15.34investigate any information provided or requested in the application. The board may
15.35request that the applicant provide additional information, verification, or documentation.
16.1    (e) Within one year of the time the board receives an application for licensure, the
16.2applicant must meet all the requirements specified in paragraph (a) and must provide all of
16.3the information requested by the board according to paragraph (d). If within one year the
16.4applicant does not meet all the requirements, or does not provide all of the information
16.5requested, the applicant is considered ineligible and the application for licensure must
16.6be closed.
16.7    (f) Except as provided in paragraph (g), an applicant may not take more than three
16.8times the masters or equivalent examination administered by the Association of Social
16.9Work Boards or a similar examination body designated by the board. An applicant must
16.10receive a passing score on the masters or equivalent examination administered by the
16.11Association of Social Work Boards or a similar examination body designated by the board
16.12in no more than 18 months after the date the applicant first failed the examination.
16.13    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
16.14fourth or subsequent time, the masters or equivalent examination administered by the
16.15Association of Social Work Boards or a similar examination body designated by the
16.16board if the applicant:
16.17    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
16.18masters or equivalent examination administered by the Association of Social Work boards
16.19or a similar examination body designated by the board;
16.20    (2) provides to the board a description of the efforts the applicant has made to
16.21improve the applicant's score and demonstrates to the board's satisfaction that the efforts
16.22are likely to improve the score; and
16.23    (3) provides to the board letters of recommendation from two licensed social
16.24workers attesting to the applicant's ability to practice social work competently and
16.25ethically according to professional social work knowledge, skills, and values.
16.26    (h) An individual must not practice social work until the individual passes the
16.27examination and receives a social work license under this section or section 148E.060. If
16.28the board has reason to believe that an applicant may be practicing social work without a
16.29license, and the applicant has failed the masters or equivalent examination administered
16.30by the Association of Social Work Boards or a similar examination body designated by
16.31the board, the board may notify the applicant's employer that the applicant is not licensed
16.32as a social worker.
16.33    Subd. 4. Licensure by examination; licensed independent social worker.
16.34    (a) Except as provided in paragraph (i), to be licensed as a licensed independent social
16.35worker, an applicant for licensure by examination must provide evidence satisfactory
16.36to the board that the applicant:
17.1    (1) has received a graduate degree in social work from a program accredited by
17.2the Council on Social Work Education, the Canadian Association of Schools of Social
17.3Work, or a similar accreditation body designated by the board, or a doctorate in social
17.4work from an accredited university;
17.5    (2) has practiced social work as defined in section 148E.010, and has met the
17.6supervised practice requirements specified in sections 148E.100 to 148E.125;
17.7    (3) has passed the advanced generalist or equivalent examination administered by
17.8the Association of Social Work Boards or a similar examination body designated by the
17.9board. Unless an applicant applies for licensure by endorsement according to subdivision
17.107, an examination is not valid if it was taken and passed eight or more years prior to
17.11submitting a completed, signed application form provided by the board;
17.12    (4) has submitted a completed, signed application form provided by the board,
17.13including the applicable application fee specified in section 148E.180. For applications
17.14submitted electronically, a "signed application" means providing an attestation as specified
17.15by the board;
17.16    (5) has submitted the criminal background check fee and a form provided by the
17.17board authorizing a criminal background check according to subdivision 8;
17.18    (6) has paid the applicable license fee specified in section 148E.180; and
17.19    (7) has not engaged in conduct that was or would be in violation of the standards
17.20of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
17.21conduct that was or would be in violation of the standards of practice, the board may take
17.22action according to sections 148E.255 to 148E.270.
17.23    (b) An application which is not completed and signed, or which is not accompanied
17.24by the correct fee, must be returned to the applicant, along with any fee submitted, and is
17.25void.
17.26    (c) A licensed independent social worker who practices clinical social work must
17.27meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If
17.28a licensee does not meet the supervised practice requirements, the board may take action
17.29according to sections 148E.255 to 148E.270.
17.30    (d) By submitting an application for licensure, an applicant authorizes the board to
17.31investigate any information provided or requested in the application. The board may
17.32request that the applicant provide additional information, verification, or documentation.
17.33    (e) Within one year of the time the board receives an application for licensure, the
17.34applicant must meet all the requirements specified in paragraph (a) and must provide all of
17.35the information requested by the board according to paragraph (d). If within one year the
17.36applicant does not meet all the requirements, or does not provide all of the information
18.1requested, the applicant is considered ineligible and the application for licensure must
18.2be closed.
18.3    (f) Except as provided in paragraph (g), an applicant may not take more than
18.4three times the advanced generalist or equivalent examination administered by the
18.5Association of Social Work Boards or a similar examination body designated by the
18.6board. An applicant must receive a passing score on the masters or equivalent examination
18.7administered by the Association of Social Work Boards or a similar examination body
18.8designated by the board in no more than 18 months after the first time the applicant failed
18.9the examination.
18.10    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
18.11fourth or subsequent time, the advanced generalist or equivalent examination administered
18.12by the Association of Social Work Boards or a similar examination body designated by
18.13the board if the applicant:
18.14    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
18.15advanced generalist or equivalent examination administered by the Association of Social
18.16Work Boards or a similar examination body designated by the board;
18.17    (2) provides to the board a description of the efforts the applicant has made to
18.18improve the applicant's score and demonstrates to the board's satisfaction that the efforts
18.19are likely to improve the score; and
18.20    (3) provides to the board letters of recommendation from two licensed social
18.21workers attesting to the applicant's ability to practice social work competently and
18.22ethically according to professional social work knowledge, skills, and values.
18.23    (h) An individual must not practice social work until the individual passes the
18.24examination and receives a social work license under this section or section 148E.060. If
18.25the board has reason to believe that an applicant may be practicing social work without a
18.26license, except as provided in section 148E.065, and the applicant has failed the advanced
18.27generalist or equivalent examination administered by the Association of Social Work
18.28Boards or a similar examination body designated by the board, the board may notify the
18.29applicant's employer that the applicant is not licensed as a social worker.
18.30    Subd. 5. Licensure by examination; licensed independent clinical social
18.31worker. (a) Except as provided in paragraph (h), to be licensed as a licensed independent
18.32clinical social worker, an applicant for licensure by examination must provide evidence
18.33satisfactory to the board that the applicant:
18.34    (1) has received a graduate degree in social work from a program accredited by
18.35the Council on Social Work Education, the Canadian Association of Schools of Social
19.1Work, or a similar accreditation body designated by the board, or a doctorate in social
19.2work from an accredited university;
19.3    (2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in
19.4the following clinical knowledge areas :
19.5    (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial
19.6assessment including normative development and psychopathology across the life span;
19.7    (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with
19.8measurable goals;
19.9    (iii) 108 clock hours (30 percent) in clinical intervention methods informed by
19.10research and current standards of practice;
19.11    (iv) 18 clock hours ( five percent) in evaluation methodologies;
19.12    (v) 72 clock hours (20 percent) in social work values and ethics, including cultural
19.13context, diversity, and social policy; and
19.14    (vi) 18 clock hours (five percent) in culturally specific clinical assessment and
19.15intervention.
19.16This requirement may be satisfied through (A) a graduate degree program accredited
19.17by the Council on Social Work Education, the Canadian Association of Schools of
19.18Social Work, or a similar accreditation body designated by the board; or a doctorate in
19.19social work from an accredited university; (B) postgraduate coursework; or (C) up to 90
19.20continuing education hours. The continuing education must have a course description
19.21available for public review and must include a posttest. Compliance with this requirement
19.22must be documented on a form provided by the board. The board may conduct audits
19.23of the information submitted in order to determine compliance with the requirements
19.24of this section.
19.25    (3) has practiced clinical social work as defined in section 148E.010, including both
19.26diagnosis and treatment, and has met the supervised practice requirements specified in
19.27sections 148E.100 to 148E.125;
19.28    (4) has passed the clinical or equivalent examination administered by the Association
19.29of Social Work Boards or a similar examination body designated by the board. Unless an
19.30applicant applies for licensure by endorsement according to subdivision 7, an examination
19.31is not valid if it was taken and passed eight or more years prior to submitting a completed,
19.32signed application form provided by the board;
19.33    (5) has submitted a completed, signed application form provided by the board,
19.34including the applicable application fee specified in section 148E.180. For applications
19.35submitted electronically, a "signed application" means providing an attestation as specified
19.36by the board;
20.1    (6) has submitted the criminal background check fee and a form provided by the
20.2board authorizing a criminal background check according to subdivision 8;
20.3    (7) has paid the license fee specified in section 148E.180; and
20.4    (8) has not engaged in conduct that was or would be in violation of the standards
20.5of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
20.6conduct that was or would be in violation of the standards of practice, the board may take
20.7action according to sections 148E.255 to 148E.270.
20.8    (b) An application which is not completed and signed, or which is not accompanied
20.9by the correct fee, must be returned to the applicant, along with any fee submitted, and is
20.10void.
20.11    (c) By submitting an application for licensure, an applicant authorizes the board to
20.12investigate any information provided or requested in the application. The board may
20.13request that the applicant provide additional information, verification, or documentation.
20.14    (d) Within one year of the time the board receives an application for licensure, the
20.15applicant must meet all the requirements specified in paragraph (a) and must provide all of
20.16the information requested by the board according to paragraph (c). If within one year the
20.17applicant does not meet all the requirements, or does not provide all of the information
20.18requested, the applicant is considered ineligible and the application for licensure must
20.19be closed.
20.20    (e) Except as provided in paragraph (f), an applicant may not take more than three
20.21times the clinical or equivalent examination administered by the Association of Social
20.22Work Boards or a similar examination body designated by the board. An applicant must
20.23receive a passing score on the clinical or equivalent examination administered by the
20.24Association of Social Work Boards or a similar examination body designated by the board
20.25no later than 18 months after the first time the applicant failed the examination.
20.26    (f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a
20.27fourth or subsequent time, the clinical or equivalent examination administered by the
20.28Association of Social Work Boards or a similar examination body designated by the
20.29board if the applicant:
20.30    (1) meets all requirements specified in paragraphs (a) to (d) other than passing the
20.31clinical or equivalent examination administered by the Association of Social Work Boards
20.32or a similar examination body designated by the board;
20.33    (2) provides to the board a description of the efforts the applicant has made to
20.34improve the applicant's score and demonstrates to the board's satisfaction that the efforts
20.35are likely to improve the score; and
21.1    (3) provides to the board letters of recommendation from two licensed social
21.2workers attesting to the applicant's ability to practice social work competently and
21.3ethically according to professional social work knowledge, skills, and values.
21.4    (g) An individual must not practice social work until the individual passes the
21.5examination and receives a social work license under this section or section 148E.060. If
21.6the board has reason to believe that an applicant may be practicing social work without a
21.7license, and the applicant has failed the clinical or equivalent examination administered
21.8by the Association of Social Work Boards or a similar examination body designated by
21.9the board, the board may notify the applicant's employer that the applicant is not licensed
21.10as a social worker.
21.11    Subd. 6. Degrees from outside United States or Canada. If an applicant receives
21.12a degree from a program outside the United States or Canada that is not accredited by
21.13the Council on Social Work Education, the Canadian Association of Schools of Social
21.14Work, or a similar examination body designated by the board, the degree does not fulfill
21.15the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a),
21.16clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council
21.17on Social Work Education or a similar accreditation body designated by the board has
21.18determined through the council's international equivalency determination service that the
21.19degree earned is equivalent to the degree required.
21.20    Subd. 7. Licensure by endorsement. (a) An applicant for licensure by endorsement
21.21must hold a current license or credential to practice social work in another jurisdiction.
21.22    (b) An applicant for licensure by endorsement who meets the qualifications of
21.23paragraph (a) and who demonstrates to the satisfaction of the board that the applicant
21.24passed the examination administered by the Association of Social Work Boards or a
21.25similar examination body designated by the board for the applicable license in Minnesota
21.26is not required to retake the licensing examination.
21.27    (c) An application for licensure by endorsement must meet the applicable license
21.28requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and
21.29submit the licensure by endorsement application fee specified in section 148E.180.
21.30    (d) The following requirements apply:
21.31    (1) An applicant for licensure by endorsement who is applying for licensure as
21.32a licensed social worker must meet the requirements specified in section 148E.055,
21.33subdivision 2.
21.34    (2) An applicant for licensure by endorsement who is applying for licensure as a
21.35licensed graduate social worker must meet the requirements specified in section 148E.055,
21.36subdivision 3.
22.1    (3) An applicant for licensure by endorsement who is applying for licensure as
22.2a licensed independent social worker is not required to demonstrate that the applicant
22.3has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1,
22.4provided that the applicant has engaged in authorized social work practice for a minimum
22.5of 4,000 hours in another jurisdiction.
22.6    (4) An applicant for licensure by endorsement as a licensed independent clinical
22.7social worker (i) is not required to meet the license requirements specified in subdivision
22.85, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant
22.9has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1,
22.10provided that the applicant has engaged in authorized clinical social work practice for a
22.11minimum of 4,000 hours in another jurisdiction.
22.12    Subd. 8. Criminal background checks. (a) Except as provided in paragraph (b), an
22.13initial license application must be accompanied by:
22.14    (1) a form provided by the board authorizing the board to complete a criminal
22.15background check; and
22.16    (2) the criminal background check fee specified by the Bureau of Criminal
22.17Apprehension.
22.18    Criminal background check fees collected by the board must be used to reimburse
22.19the Bureau of Criminal Apprehension for the criminal background checks.
22.20    (b) An applicant who has previously submitted a license application authorizing the
22.21board to complete a criminal background check is exempt from the requirement specified
22.22in paragraph (a).
22.23    (c) If a criminal background check indicates that an applicant has engaged in
22.24criminal behavior, the board may take action according to sections 148E.255 to 148E.270.
22.25    Subd. 9. Effective date. The effective date of an initial license is the day on which
22.26the board receives the applicable license fee from an applicant approved for licensure.
22.27    Subd. 10. Expiration date. The expiration date of an initial license is the last day
22.28of the licensee's birth month in the second calendar year following the effective date of
22.29the initial license.
22.30    Subd. 11. Change in license. (a) A licensee who changes from a licensed social
22.31worker to a licensed graduate social worker, or from a licensed graduate social worker to a
22.32licensed independent social worker, or from a licensed graduate social worker or licensed
22.33independent social worker to a licensed independent clinical social worker, must pay the
22.34prorated share of the fee for the new license.
23.1    (b) The effective date of the new license is the day on which the board receives the
23.2applicable license fee from an applicant approved for the new license.
23.3    (c) The expiration date of the new license is the same date as the expiration date of
23.4the license held by the licensee prior to the change in the license.

23.5    Sec. 71. [148E.060] TEMPORARY LICENSES.
23.6    Subdivision 1. Students and other persons not currently licensed in another
23.7jurisdiction. The board may issue a temporary license to practice social work to an
23.8applicant who is not licensed or credentialed to practice social work in any jurisdiction
23.9but has:
23.10    (1) applied for a license under section 148E.055;
23.11    (2) applied for a temporary license on a form provided by the board;
23.12    (3) submitted a form provided by the board authorizing the board to complete a
23.13criminal background check;
23.14    (4) passed the applicable licensure examination provided for in section 148E.055;
23.15    (5) attested on a form provided by the board that the applicant has completed the
23.16requirements for a baccalaureate or graduate degree in social work from a program
23.17accredited by the Council on Social Work Education, the Canadian Association of Schools
23.18of Social Work, or a similar accreditation body designated by the board, or a doctorate in
23.19social work from an accredited university; and
23.20    (6) not engaged in conduct that was or would be in violation of the standards of
23.21practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
23.22conduct that was or would be in violation of the standards of practice, the board may take
23.23action according to sections 148E.255 to 148E.270.
23.24    Subd. 2. Emergency situations and persons currently licensed in another
23.25jurisdiction. The board may issue a temporary license to practice social work to an
23.26applicant who is licensed or credentialed to practice social work in another jurisdiction,
23.27may or may not have applied for a license under section 148E.055, and has:
23.28    (1) applied for a temporary license on a form provided by the board;
23.29    (2) submitted a form provided by the board authorizing the board to complete a
23.30criminal background check;
23.31    (3) submitted evidence satisfactory to the board that the applicant is currently
23.32licensed or credentialed to practice social work in another jurisdiction;
23.33    (4) attested on a form provided by the board that the applicant has completed the
23.34requirements for a baccalaureate or graduate degree in social work from a program
23.35accredited by the Council on Social Work Education, the Canadian Association of Schools
24.1of Social Work, or a similar accreditation body designated by the board, or a doctorate in
24.2social work from an accredited university; and
24.3    (5) not engaged in conduct that was or would be in violation of the standards of
24.4practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
24.5conduct that was or would be in violation of the standards of practice, the board may take
24.6action according to sections 148E.255 to 148E.270.
24.7    Subd. 3. Teachers. The board may issue a temporary license to practice social work
24.8to an applicant whose permanent residence is outside the United States, who is teaching
24.9social work at an academic institution in Minnesota for a period not to exceed 12 months,
24.10who may or may not have applied for a license under section 148E.055, and who has:
24.11    (1) applied for a temporary license on a form provided by the board;
24.12    (2) submitted a form provided by the board authorizing the board to complete a
24.13criminal background check;
24.14    (3) attested on a form provided by the board that the applicant has completed the
24.15requirements for a baccalaureate or graduate degree in social work; and
24.16    (4) has not engaged in conduct that was or would be in violation of the standards
24.17of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
24.18conduct that was or would be in violation of the standards of practice, the board may take
24.19action according to sections 148E.255 to 148E.270.
24.20    Subd. 4. Temporary license application fee. An applicant for a temporary license
24.21must pay the application fee specified in section 148E.180 plus the required fee for
24.22the cost of the criminal background check. Only one fee for the cost of the criminal
24.23background check must be submitted when the applicant is applying for both a temporary
24.24license and a license under section 148E.055.
24.25    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration,
24.26or until the board issues or denies the license according to section 148E.055, or until
24.27the board revokes the temporary license, whichever comes first. A temporary license is
24.28nonrenewable.
24.29    (b) A temporary license issued according to subdivision 1 or 2 expires after six
24.30months.
24.31    (c) A temporary license issued according to subdivision 3 expires after 12 months.
24.32    Subd. 6. Licensee with temporary license; baccalaureate degree. A licensee
24.33with a temporary license who has provided evidence to the board that the licensee has
24.34completed the requirements for a baccalaureate degree in social work from a program
24.35accredited by the Council on Social Work Education, the Canadian Association of Schools
25.1of Social Work, or a similar accreditation body designated by the board may temporarily
25.2engage in social work practice except that a licensee with a temporary license may not
25.3engage in clinical social work practice.
25.4    Subd. 7. Licensee with temporary license; graduate degree. A licensee with a
25.5temporary license who has provided evidence to the board that the licensee has completed
25.6the requirements for a graduate degree in social work from a program accredited by the
25.7Council on Social Work Education, the Canadian Association of Schools of Social Work,
25.8or a similar accreditation body designated by the board may temporarily engage in social
25.9work practice, including clinical practice.
25.10    Subd. 8. Supervision requirements. (a) Except as provided in paragraph (b), an
25.11applicant who is not currently licensed or credentialed to practice social work in another
25.12jurisdiction and who obtains a temporary license may practice social work only under
25.13the supervision of an individual licensed as a social worker who is eligible to provide
25.14supervision under sections 148E.100 to 148E.125. Before the applicant is approved
25.15for licensure, the applicant's supervisor must attest to the board's satisfaction that the
25.16applicant has practiced social work under supervision. This supervision applies toward
25.17the supervision required after licensure.
25.18    (b) If an applicant is currently licensed or credentialed to practice social work in
25.19another jurisdiction, and receives a temporary license according to subdivision 3, the
25.20requirements specified in paragraph (a) do not apply. However, if an applicant with a
25.21temporary license chooses to practice social work under supervision, the supervision
25.22applies to the requirements specified in sections 148E.100 to 148E.125.
25.23    Subd. 9. Prohibition on practice. An applicant for a temporary license must not
25.24practice social work in Minnesota, except as provided in section 148E.065, until the
25.25applicant has been granted a temporary license.
25.26    Subd. 10. Representation of professional status. In making representations of
25.27professional status to the public, a licensee with a temporary license must state that the
25.28licensee has a temporary license.
25.29    Subd. 11. Standards of practice. A licensee with a temporary license must conduct
25.30all professional activities as a social worker according to the requirements of sections
25.31148E.195 to 148E.240.
25.32    Subd. 12. Ineligibility. An applicant who is currently practicing social work in
25.33Minnesota in a setting that is not exempt under section 148E.065 at the time of application
25.34is ineligible for a temporary license.
26.1    Subd. 13. Revocation of temporary license. The board may immediately revoke
26.2the temporary license of any licensee who violates any requirements of this section. The
26.3revocation must be made for cause, without notice or opportunity to be heard. A licensee
26.4whose temporary license is revoked must immediately return the temporary license to
26.5the board.

26.6    Sec. 72. [148E.065] EXEMPTIONS.
26.7    Subdivision 1. Other professionals. Nothing in this chapter may be construed
26.8to prevent members of other professions or occupations from performing functions
26.9for which they are qualified or licensed. This exception includes but is not limited to:
26.10licensed physicians, registered nurses, licensed practical nurses, licensed psychologists,
26.11psychological practitioners, probation officers, members of the clergy and Christian
26.12Science practitioners, attorneys, marriage and family therapists, alcohol and drug
26.13counselors, professional counselors, school counselors, and registered occupational
26.14therapists or certified occupational therapist assistants. These persons must not, however,
26.15hold themselves out to the public by any title or description stating or implying that they
26.16are engaged in the practice of social work, or that they are licensed to engage in the
26.17practice of social work. Persons engaged in the practice of social work are not exempt
26.18from the board's jurisdiction solely by the use of one of the titles in this subdivision.
26.19    Subd. 2. Students. An internship, externship, or any other social work experience
26.20that is required for the completion of an accredited program of social work does not
26.21constitute the practice of social work under this chapter.
26.22    Subd. 3. Geographic waiver. A geographic waiver may be granted by the board on
26.23a case-by-case basis to agencies with special regional hiring problems. The waiver is for
26.24the purpose of permitting agencies to hire individuals who do not meet the qualifications
26.25of section 148E.055 or 148E.060 to practice social work.
26.26    Subd. 4. City, county, and state agency social workers. The licensure of city,
26.27county, and state agency social workers is voluntary. City, county, and state agencies
26.28employing social workers are not required to employ licensed social workers.
26.29    Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
26.30licensure of social workers who are employed by federally recognized tribes, or by private
26.31nonprofit agencies whose primary service focus addresses ethnic minority populations,
26.32and who are themselves members of ethnic minority populations within those agencies, is
26.33voluntary.

26.34    Sec. 73. [148E.070] LICENSE RENEWALS.
27.1    Subdivision 1. License renewal term. (a) If a license is renewed, the license must
27.2be renewed for a two-year renewal term. The renewal term is the period from the effective
27.3date of an initial or renewed license to the expiration date of the license.
27.4    (b) The effective date of a renewed license is the day following the expiration date
27.5of the expired license.
27.6    (c) The expiration date of a renewed license is the last day of the licensee's birth
27.7month in the second calendar year following the effective date of the renewed license.
27.8    Subd. 2. Mailing license renewal notices. The board must mail a notice for license
27.9renewal to a licensee at least 45 days before the expiration date of the license. Mailing the
27.10notice by United States mail to the licensee's last known mailing address constitutes valid
27.11mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation
27.12to renew a license and to pay the renewal fee.
27.13    Subd. 3. Submitting license renewal applications. (a) In order to renew a license,
27.14a licensee must submit:
27.15    (1) a completed, signed application for license renewal; and
27.16    (2) the applicable renewal fee specified in section 148E.180.
27.17The completed, signed application and renewal fee must be received by the board prior to
27.18midnight of the day of the license expiration date. For renewals submitted electronically, a
27.19"signed application" means providing an attestation as specified by the board.
27.20    (b) An application which is not completed and signed, or which is not accompanied
27.21by the correct fee, must be returned to the applicant, along with any fee submitted, and is
27.22void.
27.23    (c) The completed, signed application must include documentation that the licensee
27.24has met the continuing education requirements specified in sections 148E.130 to 148E.170
27.25and, if applicable, the supervised practice requirements specified in sections 148E.100 to
27.26148E.125.
27.27    (d) By submitting a renewal application, an applicant authorizes the board to:
27.28    (1) investigate any information provided or requested in the application. The
27.29board may request that the applicant provide additional information, verification, or
27.30documentation;
27.31    (2) conduct an audit to determine if the applicant has met the continuing education
27.32requirements specified in sections 148E.130 to 148E.170; and
27.33    (3) if applicable, conduct an audit to determine whether the applicant has met the
27.34supervision requirements specified in sections 148E.100 to 148E.125.
28.1    (e) If a licensee's application for license renewal meets the requirements specified in
28.2paragraph (a), the licensee may continue to practice after the license expiration date until
28.3the board approves or denies the application.
28.4    Subd. 4. Renewal late fee. An application that is received after the license
28.5expiration date must be accompanied by the renewal late fee specified in section 148E.180
28.6in addition to the applicable renewal fee. The application, renewal fee, and renewal late
28.7fee must be received by the board within 60 days of the license expiration date, or the
28.8license automatically expires.
28.9    Subd. 5. Expired license. (a) If an application does not meet the requirements
28.10specified in subdivisions 3 and 4, the license automatically expires. A licensee whose
28.11license has expired may reactivate a license by meeting the requirements in section
28.12148E.080 or be relicensed by meeting the requirements specified in section 148E.055.
28.13    (b) The board may take action according to sections 148E.255 to 148E.270 based on
28.14a licensee's conduct before the expiration of the license.
28.15    (c) An expired license may be reactivated within one year of the expiration date
28.16specified in section 148E.080. After one year of the expiration date, an individual may
28.17apply for a new license according to section 148E.055.

28.18    Sec. 74. [148E.075] INACTIVE LICENSES.
28.19    Subdivision 1. Inactive status. (a) A licensee qualifies for inactive status under
28.20either of the circumstances described in paragraph (b) or (c).
28.21    (b) A licensee qualifies for inactive status when the licensee is granted temporary
28.22leave from active practice. A licensee qualifies for temporary leave from active practice if
28.23the licensee demonstrates to the satisfaction of the board that the licensee is not engaged
28.24in the practice of social work in any setting, including settings in which social workers
28.25are exempt from licensure according to section 148E.065. A licensee who is granted
28.26temporary leave from active practice may reactivate the license according to section
28.27148E.080.
28.28    (c) A licensee qualifies for inactive status when a licensee is granted an emeritus
28.29license. A licensee qualifies for an emeritus license if the licensee demonstrates to the
28.30satisfaction of the board that:
28.31    (1) the licensee is retired from social work practice; and
28.32    (2) the licensee is not engaged in the practice of social work in any setting, including
28.33settings in which social workers are exempt from licensure according to section 148E.065.
28.34A licensee who possesses an emeritus license may reactivate the license according to
28.35section 148E.080.
29.1    Subd. 2. Application. A licensee may apply for inactive status:
29.2    (1) at any time by submitting an application for a temporary leave from active
29.3practice or for an emeritus license; or
29.4    (2) as an alternative to applying for the renewal of a license by so recording on
29.5the application for license renewal and submitting the completed, signed application to
29.6the board.
29.7    An application that is not completed or signed, or that is not accompanied by the
29.8correct fee, must be returned to the applicant, along with any fee submitted, and is void.
29.9For applications submitted electronically, a "signed application" means providing an
29.10attestation as specified by the board.
29.11    Subd. 3. Fee. (a) Regardless of when the application for inactive status is submitted,
29.12the temporary leave or emeritus license fee specified in section 148E.180, whichever is
29.13applicable, must accompany the application. A licensee who is approved for inactive
29.14status before the license expiration date is not entitled to receive a refund for any portion
29.15of the license or renewal fee.
29.16    (b) If an application for temporary leave is received after the license expiration date,
29.17the licensee must pay a renewal late fee as specified in section 148E.180 in addition to
29.18the temporary leave fee.
29.19    Subd. 4. Time limits for temporary leaves. A licensee may maintain an inactive
29.20license on temporary leave for no more than five consecutive years. If a licensee does
29.21not apply for reactivation within 60 days following the end of the consecutive five-year
29.22period, the license automatically expires.
29.23    Subd. 5. Time limits for emeritus license. A licensee with an emeritus license may
29.24not apply for reactivation according to section 148E.080 after five years following the
29.25granting of the emeritus license. However, after five years following the granting of the
29.26emeritus license, an individual may apply for new licensure according to section 148E.055.
29.27    Subd. 6. Prohibition on practice. (a) Except as provided in paragraph (b), a
29.28licensee whose license is inactive must not practice, attempt to practice, offer to practice,
29.29or advertise or hold out as authorized to practice social work.
29.30    (b) The board may grant a variance to the requirements of paragraph (a) if a licensee
29.31on inactive status provides emergency social work services. A variance is granted only
29.32if the board provides the variance in writing to the licensee. The board may impose
29.33conditions or restrictions on the variance.
30.1    Subd. 7. Representations of professional status. In making representations of
30.2professional status to the public, a licensee whose license is inactive must state that the
30.3license is inactive and that the licensee cannot practice social work.
30.4    Subd. 8. Disciplinary or other action. The board may resolve any pending
30.5complaints against a licensee before approving an application for inactive status. The
30.6board may take action according to sections 148E.255 to 148E.270 against a licensee
30.7whose license is inactive based on conduct occurring before the license is inactive or
30.8conduct occurring while the license is inactive.

30.9    Sec. 75. [148E.080] REACTIVATIONS.
30.10    Subdivision 1. Mailing notices to licensees on temporary leave. The board must
30.11mail a notice for reactivation to a licensee on temporary leave at least 45 days before the
30.12expiration date of the license according to section 148E.075, subdivision 4. Mailing the
30.13notice by United States mail to the licensee's last known mailing address constitutes
30.14valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the
30.15obligation to comply with the provisions of this section to reactivate a license.
30.16    Subd. 2. Reactivation from a temporary leave or emeritus status. To reactivate a
30.17license from a temporary leave or emeritus status, a licensee must do the following within
30.18the time period specified in section 148E.075, subdivisions 4 and 5:
30.19    (1) complete an application form specified by the board;
30.20    (2) document compliance with the continuing education requirements specified in
30.21subdivision 4;
30.22    (3) submit a supervision plan, if required;
30.23    (4) pay the reactivation of an inactive licensee fee specified in section 148E.180; and
30.24    (5) pay the wall certificate fee according to section 148E.095, subdivision 1,
30.25paragraph (b) or (c), if the licensee needs a duplicate license.
30.26    Subd. 3. Reactivation of an expired license. To reactivate an expired license, a
30.27licensee must do the following within one year of the expiration date:
30.28    (1) complete an application form specified by the board;
30.29    (2) document compliance with the continuing education requirements that were
30.30in effect at the time the license expired;
30.31    (3) document compliance with the supervision requirements, if applicable, that were
30.32in effect at the time the license expired; and
30.33    (4) pay the reactivation of an expired license fee specified in section 148E.180.
30.34    Subd. 4. Continuing education requirements. (a) A licensee who is on temporary
30.35leave or who has an emeritus license must obtain the continuing education hours that
31.1would be required if the license was active. At the time of reactivation, the licensee must
31.2document compliance with the continuing education requirements specified in sections
31.3148E.130 to 148E.170.
31.4    (b) A licensee applying for reactivation according to subdivision 2 or 3 may apply
31.5for a variance to the continuing education requirements according to sections 148E.130 to
31.6148E.170.
31.7    Subd. 5. Reactivation of a voluntarily terminated license. To reactivate a
31.8voluntarily terminated license, a licensee must do the following within one year of the
31.9date the voluntary termination takes effect:
31.10    (1) complete an application form specified by the board;
31.11    (2) document compliance with the continuing education requirements that were in
31.12effect at the time the license was voluntarily terminated;
31.13    (3) document compliance with the supervision requirements, if applicable, that were
31.14in effect at the time the license was voluntarily terminated; and
31.15    (4) pay the reactivation of an expired or voluntarily terminated license fee specified
31.16in section 148E.180.

31.17    Sec. 76. [148E.085] VOLUNTARY TERMINATIONS.
31.18    Subdivision 1. Requests for voluntary termination. (a) A licensee may request
31.19voluntary termination of a license if the licensee demonstrates to the satisfaction of the
31.20board that the licensee is not engaged in the practice of social work in any setting except
31.21settings in which social workers are exempt from licensure according to section 148E.065.
31.22    (b) A licensee may apply for voluntary termination:
31.23    (1) at any time by submitting an application; or
31.24    (2) as an alternative to applying for the renewal of a license by so recording on
31.25the application for license renewal and submitting the completed, signed application to
31.26the board.
31.27For applications submitted electronically, a "signed application" means providing an
31.28attestation as specified by the board. An application that is not completed and signed must
31.29be returned to the applicant and is void.
31.30    (c) The board may resolve any pending complaints against a licensee before
31.31approving a request for voluntary termination.
31.32    Subd. 2. Application for new licensure. A licensee who has voluntarily terminated
31.33a license may not reactivate the license after one year following the date the voluntary
31.34termination takes effect. However, a licensee who has voluntarily terminated a license
31.35may apply for a new license according to section 148E.055.
32.1    Subd. 3. Prohibition on practice. A licensee who has voluntarily terminated a
32.2license must not practice, attempt to practice, offer to practice, or advertise or hold out as
32.3authorized to practice social work, except when the individual is exempt from licensure
32.4according to section 148E.065.
32.5    Subd. 4. Disciplinary or other action. The board may take action according to
32.6sections 148E.255 to 148E.270 against a licensee whose license has been terminated
32.7based on conduct occurring before the license is terminated or for practicing social
32.8work without a license.

32.9    Sec. 77. [148E.090] NAME; CHANGE OF NAME OR ADDRESS.
32.10    Subdivision 1. Name. A licensee must use the licensee's legal name or a professional
32.11name. If the licensee uses a professional name, the licensee must inform the board in
32.12writing of both the licensee's professional name and legal name and must comply with
32.13the requirements of this section.
32.14    Subd. 2. Legal name change. Within 30 days after changing the licensee's legal
32.15name, a licensee must:
32.16    (1) request a new license wall certificate;
32.17    (2) provide legal verification of the name change; and
32.18    (3) pay the license wall certificate fee specified in section 148E.180.
32.19    Subd. 3. Professional name change. Within 30 days after changing the licensee's
32.20professional name, a licensee must:
32.21    (1) request a new license wall certificate;
32.22    (2) provide a notarized statement attesting to the name change; and
32.23    (3) pay the license wall certificate fee specified in section 148E.180.
32.24    Subd. 4. Address or telephone change. When a licensee changes a mailing
32.25address, home address, work address, e-mail address, or daytime public telephone number,
32.26the licensee must notify the board of the change electronically or in writing no more
32.27than 30 days after the date of the change.

32.28    Sec. 78. [148E.095] LICENSE CERTIFICATE OR CARD.
32.29    Subdivision 1. License wall certificate. (a) The board must issue a new license
32.30wall certificate when the board issues a new license. No fee in addition to the applicable
32.31license fee specified in section 148E.180 is required.
32.32    (b) The board must replace a license wall certificate when:
32.33    (1) a licensee submits an affidavit to the board that the original license wall
32.34certificate was lost, stolen, or destroyed; and
32.35    (2) the licensee submits the license wall certificate fee specified in section 148E.180.
33.1    (c) The board must issue a revised license wall certificate when:
33.2    (1) a licensee requests a revised license wall certificate according to this section; and
33.3    (2) a licensee submits the license wall certificate fee specified in section 148E.180.
33.4    (d) The board must issue an additional license wall certificate when:
33.5    (1) a licensee submits a written request for a new certificate because the licensee
33.6practices in more than one location; and
33.7    (2) the licensee submits the license wall certificate fee specified in section 148E.180.
33.8    Subd. 2. License card. (a) The board must issue a new license card when the
33.9board issues a new license. No fee in addition to the applicable license fee specified
33.10in section 148E.180 is required.
33.11    (b) The board must replace a license card when a licensee submits:
33.12    (1) an affidavit to the board that the original license card was lost, stolen, or
33.13destroyed; and
33.14    (2) the license card fee specified in section 148E.180.
33.15    (c) The board must issue a revised license card when the licensee submits a written
33.16request for a new license wall certificate because of a new professional or legal name
33.17according to section 148E.090, subdivision 2 or 3. No fee in addition to the one specified
33.18in subdivision 1, paragraph (b), is required.

33.19    Sec. 79. [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED
33.20PRACTICE.
33.21    Subdivision 1. Supervision required after licensure. After receiving a license
33.22from the board as a licensed social worker, the licensed social worker must obtain at least
33.23100 hours of supervision according to the requirements of this section.
33.24    Subd. 2. Practice requirements. The supervision required by subdivision 1 must be
33.25obtained during the first 4,000 hours of postbaccalaureate social work practice authorized
33.26by law. At least four hours of supervision must be obtained during every 160 hours of
33.27practice.
33.28    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
33.29subdivision 1:
33.30    (1) 50 hours must be provided through one-on-one supervision, including: (i)
33.31a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
33.32supervision via eye-to-eye electronic media; and
33.33    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
33.34supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
34.1media. The supervision must not be provided by e-mail. Group supervision is limited to
34.2six members not counting the supervisor or supervisors.
34.3    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
34.4be provided by a supervisor who:
34.5    (1) is a licensed social worker who has completed the supervised practice
34.6requirements;
34.7    (2) is a licensed graduate social worker, licensed independent social worker, or
34.8licensed independent clinical social worker; or
34.9    (3) meets the requirements specified in section 148E.120, subdivision 2.
34.10    Subd. 5. Supervisee requirements. The supervisee must:
34.11    (1) to the satisfaction of the supervisor, practice competently and ethically according
34.12to professional social work knowledge, skills, and values;
34.13    (2) receive supervision in the following content areas:
34.14    (i) development of professional values and responsibilities;
34.15    (ii) practice skills;
34.16    (iii) authorized scope of practice;
34.17    (iv) ensuring continuing competence; and
34.18    (v) ethical standards of practice;
34.19    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
34.20    (4) if the board audits the supervisee's supervised practice, submit verification of
34.21supervised practice according to section 148E.125, subdivision 3.
34.22    Subd. 6. After completion of supervision requirements. A licensed social worker
34.23who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to
34.24be supervised after completion of the supervision requirements.
34.25    Subd. 7. Attestation. The social worker and the social worker's supervisor must
34.26attest that the supervisee has met or has made progress on meeting the applicable
34.27supervision requirements according to section 148E.125, subdivision 2.

34.28    Sec. 80. [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO
34.29NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
34.30    Subdivision 1. Supervision required after licensure. After receiving a license
34.31from the board as a licensed graduate social worker, a licensed graduate social worker
34.32must obtain at least 100 hours of supervision according to the requirements of this section.
34.33    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
34.34be obtained during the first 4,000 hours of postgraduate social work practice authorized
35.1by law. At least four hours of supervision must be obtained during every 160 hours of
35.2practice.
35.3    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
35.4subdivision 1:
35.5    (1) 50 hours must be provided though one-on-one supervision, including: (i)
35.6a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
35.7supervision via eye-to-eye electronic media; and
35.8    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
35.9supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
35.10media. The supervision must not be provided by e-mail. Group supervision is limited
35.11to six supervisees.
35.12    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
35.13be provided by a supervisor who meets the requirements specified in section 148E.120.
35.14The supervision must be provided by a:
35.15    (1) licensed independent social worker;
35.16    (2) licensed graduate social worker who has completed the supervised practice
35.17requirements;
35.18    (3) licensed independent clinical social worker; or
35.19    (4) a supervisor who meets the requirements specified in section 148E.120,
35.20subdivision 2 .
35.21    Subd. 5. Supervisee requirements. The supervisee must:
35.22    (1) to the satisfaction of the supervisor, practice competently and ethically according
35.23to professional social work knowledge, skills, and values;
35.24    (2) receive supervision in the following content areas:
35.25    (i) development of professional values and responsibilities;
35.26    (ii) practice skills;
35.27    (iii) authorized scope of practice;
35.28    (iv) ensuring continuing competence; and
35.29    (v) ethical standards of practice;
35.30    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
35.31    (4) verify supervised practice according to section 148E.125, subdivision 3, if:
35.32    (i) the board audits the supervisee's supervised practice; or
35.33    (ii) a licensed graduate social worker applies for a licensed independent social
35.34worker license.
36.1    Subd. 6. Supervision not required after completion of supervision requirements.
36.2    A licensed graduate social worker who fulfills the supervision requirements specified in
36.3subdivisions 1 to 5, and who does not practice clinical social work, is not required to be
36.4supervised after completion of the supervision requirements.
36.5    Subd. 7. Attestation. A social worker and the social worker's supervisor must attest
36.6that the supervisee has met or has made progress on meeting the applicable supervision
36.7requirements according to section 148E.125, subdivision 2.
36.8    Subd. 8. Eligibility to apply for licensure as a licensed independent social
36.9worker. Upon completion of 4,000 hours of social work practice, including at least 100
36.10hours of supervision according to the requirements of this section, a licensed graduate
36.11social worker is eligible to apply for a licensed independent social worker license
36.12according to section 148E.110.

36.13    Sec. 81. [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO
36.14PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
36.15    Subdivision 1. Supervision required after licensure. After receiving a license
36.16from the board as a licensed graduate social worker, a licensed graduate social worker
36.17must obtain at least 200 hours of supervision according to the requirements of this section.
36.18    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
36.19be obtained during the first 4,000 hours of postgraduate social work practice authorized
36.20by law. At least eight hours of supervision must be obtained during every 160 hours of
36.21practice.
36.22    Subd. 3. Types of supervision. Of the 200 hours of supervision required under
36.23subdivision 1:
36.24    (1) 100 hours must be provided through one-on-one supervision, including: (i)
36.25a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of
36.26supervision via eye-to-eye electronic media; and
36.27    (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group
36.28supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
36.29media. The supervision must not be provided by e-mail. Group supervision is limited
36.30to six supervisees.
36.31    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
36.32be provided by a supervisor who meets the requirements specified in section 148E.120.
36.33The supervision must be provided:
36.34    (1) by a licensed independent clinical social worker; or
37.1    (2) by a supervisor who meets the requirements specified in section 148E.120,
37.2subdivision 2.
37.3    Subd. 5. Supervisee requirements. The supervisee must:
37.4    (1) to the satisfaction of the supervisor, practice competently and ethically according
37.5to professional social work knowledge, skills, and values;
37.6    (2) receive supervision in the following content areas:
37.7    (i) development of professional values and responsibilities;
37.8    (ii) practice skills;
37.9    (iii) authorized scope of practice;
37.10    (iv) ensuring continuing competence; and
37.11    (v) ethical standards of practice;
37.12    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
37.13    (4) verify supervised practice according to section 148E.125, subdivision 3, if:
37.14    (i) the board audits the supervisee's supervised practice; or
37.15    (ii) a licensed graduate social worker applies for a licensed independent clinical
37.16social worker license.
37.17    Subd. 6. Supervision required. A licensed graduate social worker must not engage
37.18in clinical social work practice except under supervision by a licensed independent
37.19clinical social worker or an alternate supervisor designated according to section 148E.120,
37.20subdivision 2.
37.21    Subd. 7. Limit on practice of clinical social work. (a) Except as provided in
37.22subdivision 8, a licensed graduate social worker must not engage in clinical social work
37.23practice under supervision for more than 8,000 hours. In order to practice clinical social
37.24work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed
37.25independent clinical social worker license.
37.26    (b) Notwithstanding the requirements of paragraph (a), the board may grant a
37.27licensed graduate social worker permission to engage in clinical social work practice for
37.28more than 8,000 hours if the licensed graduate social worker petitions the board and
37.29demonstrates to the board's satisfaction that for reasons of personal hardship the licensed
37.30graduate social worker should be granted an extension to continue practicing clinical
37.31social work under supervision for up to an additional 2,000 hours.
37.32    Subd. 8. Eligibility to apply for licensure as a licensed independent social
37.33worker. Upon completion of 4,000 hours of clinical social work practice, including at
37.34least 1,800 hours of direct clinical client contact and 200 hours of supervision according to
38.1the requirements of this section, a licensed graduate social worker is eligible to apply for a
38.2licensed independent clinical social worker license under section 148E.115, subdivision 1.
38.3    Subd. 9. Attestation. A social worker and the social worker's supervisor must attest
38.4that the supervisee has met or has made progress on meeting the applicable supervision
38.5requirements according to section 148E.125, subdivision 2.

38.6    Sec. 82. [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS;
38.7SUPERVISED PRACTICE.
38.8    Subdivision 1. Supervision required before licensure. Before becoming licensed
38.9as a licensed independent social worker, a person must have obtained at least 100 hours
38.10of supervision during 4,000 hours of postgraduate social work practice required by law
38.11according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four
38.12hours of supervision must be obtained during every 160 hours of practice.
38.13    Subd. 2. Licensed independent social workers; clinical social work after
38.14licensure. After licensure, a licensed independent social worker must not engage in
38.15clinical social work practice except under supervision by a licensed independent clinical
38.16social worker or an alternate supervisor designated according to section 148E.120,
38.17subdivision 2 .
38.18    Subd. 3. Limit on practice of clinical social work. (a) Except as provided in
38.19paragraph (b), a licensed independent social worker must not engage in clinical social
38.20work practice under supervision for more than 8,000 hours. In order to practice clinical
38.21social work for more than 8,000 hours, a licensed independent social worker must obtain a
38.22licensed independent clinical social worker license.
38.23    (b) Notwithstanding the requirements of paragraph (a), the board may grant a
38.24licensed independent social worker permission to engage in clinical social work practice
38.25for more than 8,000 hours if the licensed independent social worker petitions the board
38.26and demonstrates to the board's satisfaction that for reasons of personal hardship the
38.27licensed independent social worker should be granted an extension to continue practicing
38.28clinical social work under supervision for up to an additional 2,000 hours.
38.29    Subd. 4. Licensed independent social workers who do not practice clinical
38.30social work after licensure. After licensure, a licensed independent social worker is not
38.31required to be supervised if the licensed independent social worker does not practice
38.32clinical social work.

38.33    Sec. 83. [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL
38.34WORKERS; SUPERVISION.
39.1    Subdivision 1. Supervision required before licensure. Before becoming licensed
39.2as a licensed independent clinical social worker, a person must have obtained at least 200
39.3hours of supervision during 4,000 hours of postgraduate clinical practice required by law
39.4according to the requirements of section 148E.106.
39.5    Subd. 2. No supervision required after licensure. After licensure, a licensed
39.6independent clinical social worker is not required to be supervised.

39.7    Sec. 84. [148E.120] REQUIREMENTS OF SUPERVISORS.
39.8    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
39.9paragraph (b), to be eligible to provide supervision under this section, a social worker must:
39.10    (1) have at least 2,000 hours of experience in authorized social work practice. If
39.11the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of
39.12experience in clinical practice;
39.13    (2) have completed 30 hours of training in supervision through coursework from
39.14an accredited college or university, or through continuing education in compliance with
39.15sections 148E.130 to 148E.170;
39.16    (3) be competent in the activities being supervised; and
39.17    (4) attest, on a form provided by the board, that the social worker has met the
39.18applicable requirements specified in this section and sections 148E.100 to 148E.115. The
39.19board may audit the information provided to determine compliance with the requirements
39.20of this section.
39.21    (b) If the board determines that supervision is not obtainable from an individual
39.22meeting the requirements specified in paragraph (a), the board may approve an alternate
39.23supervisor according to subdivision 2.
39.24    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
39.25if:
39.26    (1) the board determines that supervision is not obtainable according to paragraph
39.27(b);
39.28    (2) the licensee requests in the supervision plan submitted according to section
39.29148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
39.30    (3) the licensee describes the proposed supervision and the name and qualifications
39.31of the proposed alternate supervisor; and
39.32    (4) the requirements of paragraph (d) are met.
39.33    (b) The board may determine that supervision is not obtainable if:
39.34    (1) the licensee provides documentation as an attachment to the supervision plan
39.35submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
40.1thorough search for a supervisor meeting the applicable licensure requirements specified
40.2in sections 148E.100 to 148E.115;
40.3    (2) the licensee demonstrates to the board's satisfaction that the search was
40.4unsuccessful; and
40.5    (3) the licensee describes the extent of the search and the names and locations of
40.6the persons and organizations contacted.
40.7    (c) The requirements specified in paragraph (b) do not apply to obtaining supervision
40.8for clinical practice if the board determines that there are five or fewer licensed
40.9independent clinical social workers in the county where the licensee practices social work.
40.10    (d) An alternate supervisor must:
40.11    (1) be an unlicensed social worker who is employed in, and provides the supervision
40.12in, a setting exempt from licensure by section 148E.065, and who has qualifications
40.13equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
40.14    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
40.15Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
40.16applicable requirements specified in sections 148E.100 to 148E.115; or
40.17    (3) be a licensed marriage and family therapist or a mental health professional
40.18as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
40.19equivalent mental health professional, as determined by the board, who is licensed or
40.20credentialed by a state, territorial, provincial, or foreign licensing agency.
40.21    In order to qualify to provide clinical supervision of a licensed graduate social
40.22worker or licensed independent social worker engaged in clinical practice, the alternate
40.23supervisor must be a mental health professional as established by section 245.462,
40.24subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
40.25as determined by the board, who is licensed or credentialed by a state, territorial,
40.26provincial, or foreign licensing agency.

40.27    Sec. 85. [148E.125] DOCUMENTATION OF SUPERVISION.
40.28    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
40.29provided by the board, a supervision plan for meeting the supervision requirements
40.30specified in sections 148E.100 to 148E.120.
40.31    (b) The supervision plan must be submitted no later than 90 days after the licensee
40.32begins a social work practice position after becoming licensed.
40.33    (c) For failure to submit the supervision plan within 90 days after beginning a social
40.34work practice position, a licensee must pay the supervision plan late fee specified in
40.35section 148E.180 when the licensee applies for license renewal.
41.1    (d) A license renewal application submitted according to paragraph (a) must not be
41.2approved unless the board has received a supervision plan.
41.3    (e) The supervision plan must include the following:
41.4    (1) the name of the supervisee, the name of the agency in which the supervisee is
41.5being supervised, and the supervisee's position title;
41.6    (2) the name and qualifications of the person providing the supervision;
41.7    (3) the number of hours of one-on-one in-person supervision and the number and
41.8type of additional hours of supervision to be completed by the supervisee;
41.9    (4) the supervisee's position description;
41.10    (5) a brief description of the supervision the supervisee will receive in the following
41.11content areas:
41.12    (i) clinical practice, if applicable;
41.13    (ii) development of professional social work knowledge, skills, and values;
41.14    (iii) practice methods;
41.15    (iv) authorized scope of practice;
41.16    (v) ensuring continuing competence; and
41.17    (vi) ethical standards of practice; and
41.18    (6) if applicable, a detailed description of the supervisee's clinical social work
41.19practice, addressing:
41.20    (i) the client population, the range of presenting issues, and the diagnoses;
41.21    (ii) the clinical modalities that were utilized; and
41.22    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
41.23instruments used and the role of the supervisee in the diagnostic process.
41.24    (f) The board must receive a revised supervision plan within 90 days of any of the
41.25following changes:
41.26    (1) the supervisee has a new supervisor;
41.27    (2) the supervisee begins a new social work position;
41.28    (3) the scope or content of the supervisee's social work practice changes substantially;
41.29    (4) the number of practice or supervision hours changes substantially; or
41.30    (5) the type of supervision changes as supervision is described in section 148E.100,
41.31subdivision 3 , or 148E.105, subdivision 3, or as required in section 148E.115, subdivision
41.324 .
41.33    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
41.34supervisee must pay the supervision plan late fee specified in section 148E.180, when
41.35the supervisee applies for license renewal.
41.36    (h) The board must approve the supervisor and the supervision plan.
42.1    Subd. 2. Attestation. (a) When a supervisee submits renewal application materials
42.2to the board, the supervisee and supervisor must submit an attestation providing the
42.3following information on a form provided by the board:
42.4    (1) the name of the supervisee, the name of the agency in which the supervisee is
42.5being supervised, and the supervisee's position title;
42.6    (2) the name and qualifications of the supervisor;
42.7    (3) the number of hours and dates of each type of supervision completed;
42.8    (4) the supervisee's position description;
42.9    (5) a declaration that the supervisee has not engaged in conduct in violation of the
42.10standards of practice specified in sections 148E.195 to 148E.240;
42.11    (6) a declaration that the supervisee has practiced competently and ethically
42.12according to professional social work knowledge, skills, and values; and
42.13    (7) a list of the content areas in which the supervisee has received supervision,
42.14including the following:
42.15    (i) clinical practice, if applicable;
42.16    (ii) development of professional social work knowledge, skills, and values;
42.17    (iii) practice methods;
42.18    (iv) authorized scope of practice;
42.19    (v) ensuring continuing competence; and
42.20    (vi) ethical standards of practice.
42.21    (b) The information provided on the attestation form must demonstrate to the board's
42.22satisfaction that the supervisee has met or has made progress on meeting the applicable
42.23supervised practice requirements.
42.24    Subd. 3. Verification of supervised practice. (a) In addition to receiving the
42.25attestation required according to subdivision 2, the board must receive verification of
42.26supervised practice if:
42.27    (1) the board audits the supervision of a supervisee according to section 148E.070,
42.28subdivision 3 ; or
42.29    (2) an applicant applies for a license as a licensed independent social worker or as a
42.30licensed independent clinical social worker.
42.31    (b) When verification of supervised practice is required according to paragraph (a),
42.32the board must receive from the supervisor the following information on a form provided
42.33by the board:
42.34    (1) the name of the supervisee, the name of the agency in which the supervisee is
42.35being supervised, and the supervisee's position title;
42.36    (2) the name and qualifications of the supervisor;
43.1    (3) the number of hours and dates of each type of supervision completed;
43.2    (4) the supervisee's position description;
43.3    (5) a declaration that the supervisee has not engaged in conduct in violation of the
43.4standards of practice specified in sections 148E.195 to 148E.240;
43.5    (6) a declaration that the supervisee has practiced ethically and competently
43.6according to professional social work knowledge, skills, and values;
43.7    (7) a list of the content areas in which the supervisee has received supervision,
43.8including the following:
43.9    (i) clinical practice, if applicable;
43.10    (ii) development of professional social work knowledge, skills, and values;
43.11    (iii) practice methods;
43.12    (iv) authorized scope of practice;
43.13    (v) ensuring continuing competence; and
43.14    (vi) ethical standards of practice; and
43.15    (8) if applicable, a detailed description of the supervisee's clinical social work
43.16practice, addressing:
43.17    (i) the client population, the range of presenting issues, and the diagnoses;
43.18    (ii) the clinical modalities that were utilized; and
43.19    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
43.20instruments used and the role of the supervisee in the diagnostic process.
43.21    (c) The information provided on the verification form must demonstrate to the board's
43.22satisfaction that the supervisee has met the applicable supervised practice requirements.
43.23    Subd. 4. Alternative verification of supervised practice. Notwithstanding the
43.24requirements of subdivision 3, the board may accept alternative verification of supervised
43.25practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is
43.26unable to locate a former supervisor to provide the required information.

43.27    Sec. 86. [148E.130] CLOCK HOURS REQUIRED.
43.28    Subdivision 1. Total clock hours required. At the time of license renewal, a
43.29licensee must provide evidence satisfactory to the board that the licensee has, during the
43.30renewal term, completed at least 40 clock hours of continuing education.
43.31    Subd. 2. Ethics requirement. At least two of the clock hours required under
43.32subdivision 1 must be in social work ethics.
43.33    Subd. 3. Requirement for LICSWs. For licensed independent clinical social
43.34workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical
43.35content areas specified in section 148E.055, subdivision 5.
44.1    Subd. 4. Requirement for supervisors. For social workers providing supervision
44.2according to sections 148E.100 to 148E.125, at least six of the clock hours required under
44.3subdivision 1 must be in the practice of supervision.
44.4    Subd. 5. Independent study. Independent study must not consist of more than ten
44.5clock hours of continuing education per renewal term. Independent study must be for
44.6publication, public presentation, or professional development. Independent study includes,
44.7but is not limited to, electronic study. For purposes of subdivision 6, independent study
44.8includes consultation with an experienced supervisor regarding the practice of supervision.
44.9    Subd. 6. Coursework. One credit of coursework in a semester-based academic
44.10institution is the equivalent of 15 clock hours.
44.11    Subd. 7. Prorated renewal term. If the licensee's renewal term is prorated to be
44.12less or more than 24 months, the required number of continuing education clock hours is
44.13prorated proportionately.

44.14    Sec. 87. [148E.135] APPROVAL OF CLOCK HOURS.
44.15    Subdivision 1. Ways of approving clock hours. The clock hours required under
44.16section 148E.130 must be approved in one or more of the following ways:
44.17    (1) the hours must be offered by a continuing education provider approved by the
44.18board;
44.19    (2) the hours must be offered by a continuing education provider approved by the
44.20Association of Social Work Boards or a similar examination body designated by the board;
44.21    (3) the hours must be earned through a continuing education program approved by
44.22the National Association of Social Workers; or
44.23    (4) the hours must be earned through a continuing education program approved
44.24by the board.
44.25    Subd. 2. Preapproval not required. Providers and programs are not required to be
44.26preapproved but must meet the requirements specified in this section.

44.27    Sec. 88. [148E.140] VARIANCES.
44.28    The board may grant a variance to the continuing education requirements specified
44.29in section 148E.130, when a licensee demonstrates to the satisfaction of the board that the
44.30licensee is unable to complete the required number of clock hours during the renewal term.
44.31The board may allow a licensee to complete the required number of clock hours within a
44.32time frame specified by the board. The board must not allow a licensee to complete less
44.33than the required number of clock hours.

45.1    Sec. 89. [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED
45.2BY BOARD.
45.3    Subdivision 1. Board approval. (a) The board must approve a continuing education
45.4provider who:
45.5    (1) submits a completed application to the board which provides the information
45.6required by subdivision 2 and which meets the criteria specified in subdivision 3; and
45.7    (2) pays the provider fee specified in section 148E.180.
45.8    (b) An approval is valid for programs offered no later than one year from the date
45.9the application is approved by the board.
45.10    Subd. 2. Information required. The information that must be provided to the board
45.11includes, but is not limited to, the following:
45.12    (1) the name of the continuing education provider;
45.13    (2) the address, telephone number, and e-mail address of a contact person for the
45.14provider;
45.15    (3) a signed statement that indicates the provider understands and agrees to abide by
45.16the criteria specified in subdivision 3; and
45.17    (4) a signed statement that indicates the provider agrees to furnish a certificate of
45.18attendance to each participant in a program offered by the provider.
45.19    Subd. 3. Criteria for programs. (a) A continuing education provider must employ
45.20the following criteria in determining whether to offer a continuing education program:
45.21    (1) whether the material to be presented will promote the standards of practice
45.22described in sections 148E.195 to 148E.240;
45.23    (2) whether the material to be presented will contribute to the practice of social work
45.24as defined in section 148E.010;
45.25    (3) whether the material to be presented is intended for the benefit of practicing
45.26social workers; and
45.27    (4) whether the persons presenting the program are qualified in the subject matter
45.28being presented.
45.29    (b) The material presented must not be primarily procedural or primarily oriented
45.30towards business practices or self-development.
45.31    Subd. 4. Audits. (a) The board may audit programs offered by a continuing
45.32education provider approved by the board to determine compliance with the requirements
45.33of this section.
45.34    (b) A continuing education provider audited by the board must provide the
45.35documentation specified in subdivision 5.
46.1    Subd. 5. Records retention; continuing education providers. For three years
46.2following the end of each program offered by a continuing education provider, the
46.3provider must maintain the following information:
46.4    (1) the title of the program;
46.5    (2) a description of the content and objectives of the program;
46.6    (3) the date of the program;
46.7    (4) the number of clock hours credited for participation in the program;
46.8    (5) the program location;
46.9    (6) the names and qualifications of the primary presenters;
46.10    (7) a description of the primary audience the program was designed for; and
46.11    (8) a list of the participants in the program.

46.12    Sec. 90. [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS.
46.13    In order to receive credit for a program offered by a continuing education provider
46.14approved by the Association of Social Work Boards or a similar examination body
46.15designated by the board, the provider must be listed on the Association of Social Work
46.16Boards Web site as a provider currently approved by the Association of Social Work
46.17Boards or a similar examination body designated by the board.

46.18    Sec. 91. [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS.
46.19    In order to receive credit for a program approved by the National Association of
46.20Social Workers, the program must be listed on the National Association of Social Workers
46.21Web site as a program currently approved by the National Association of Social Workers.

46.22    Sec. 92. [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED
46.23BY BOARD.
46.24    Subdivision 1. Required program content. In order to be approved by the board, a
46.25continuing education program must:
46.26    (1) promote the standards of practice described in sections 148E.195 to 148E.240;
46.27    (2) contribute to the practice of social work as defined in section 148E.010; and
46.28    (3) not be primarily procedural or be primarily oriented towards business practices
46.29or self-development.
46.30    Subd. 2. Types of continuing education programs. In order to be approved by
46.31the board, a continuing education program must be one of the following: academic
46.32coursework offered by an institution of higher learning; educational workshops, seminars,
46.33or conferences offered by an organization or individual; staff training offered by a public
46.34or private employer; or independent study.

47.1    Sec. 93. [148E.165] CONTINUING EDUCATION REQUIREMENTS OF
47.2LICENSEES.
47.3    Subdivision 1. Records retention; licensees. For one year following the expiration
47.4date of a license, the licensee must maintain documentation of clock hours earned during
47.5the previous renewal term. The documentation must include the following:
47.6    (1) for educational workshops or seminars offered by an organization or at a
47.7conference, a copy of the certificate of attendance issued by the presenter or sponsor
47.8giving the following information:
47.9    (i) the name of the sponsor or presenter of the program;
47.10    (ii) the title of the workshop or seminar;
47.11    (iii) the dates the licensee participated in the program; and
47.12    (iv) the number of clock hours completed;
47.13    (2) for academic coursework offered by an institution of higher learning, a copy of a
47.14transcript giving the following information:
47.15    (i) the name of the institution offering the course;
47.16    (ii) the title of the course;
47.17    (iii) the dates the licensee participated in the course; and
47.18    (iv) the number of credits completed;
47.19    (3) for staff training offered by public or private employers, a copy of the certificate
47.20of attendance issued by the employer giving the following information:
47.21    (i) the name of the employer;
47.22    (ii) the title of the staff training;
47.23    (iii) the dates the licensee participated in the program; and
47.24    (iv) the number of clock hours completed; and
47.25    (4) for independent study, including electronic study, a written summary of the study
47.26conducted, including the following information:
47.27    (i) the topics studied;
47.28    (ii) a description of the applicability of the study to the licensee's authorized scope of
47.29practice;
47.30    (iii) the titles and authors of books and articles consulted or the name of the
47.31organization offering the study;
47.32    (iv) the dates the licensee conducted the study; and
47.33    (v) the number of clock hours the licensee conducted the study.
47.34    Subd. 2. Audits. The board may audit license renewal and reactivation applications
47.35to determine compliance with the requirements of sections 148E.130 to 148E.170. A
47.36licensee audited by the board must provide the documentation specified in subdivision
48.11 regardless of whether the provider or program has been approved by the board, the
48.2Association of Social Work Boards, or a similar examination body designated by the
48.3board, or the National Association of Social Workers.

48.4    Sec. 94. [148E.170] REVOCATION OF CONTINUING EDUCATION
48.5APPROVALS.
48.6    The board may revoke approval of a provider or of a program offered by a provider,
48.7or of an individual program approved by the board, if the board determines subsequent
48.8to the approval that the provider or program failed to meet the requirements of sections
48.9148E.130 to 148E.170.

48.10    Sec. 95. [148E.175] FEES.
48.11    The fees specified in section 148E.180 are nonrefundable and must be deposited in
48.12the state government special revenue fund.

48.13    Sec. 96. [148E.180] FEE AMOUNTS.
48.14    Subdivision 1. Application fees. Application fees for licensure are as follows:
48.15    (1) for a licensed social worker, $45;
48.16    (2) for a licensed graduate social worker, $45;
48.17    (3) for a licensed independent social worker, $90;
48.18    (4) for a licensed independent clinical social worker, $90;
48.19    (5) for a temporary license, $50; and
48.20    (6) for a licensure by endorsement, $150.
48.21    The fee for criminal background checks is the fee charged by the Bureau of Criminal
48.22Apprehension. The criminal background check fee must be included with the application
48.23fee as required according to section 148E.055.
48.24    Subd. 2. License fees. License fees are as follows:
48.25    (1) for a licensed social worker, $115.20;
48.26    (2) for a licensed graduate social worker, $201.60;
48.27    (3) for a licensed independent social worker, $302.40;
48.28    (4) for a licensed independent clinical social worker, $331.20;
48.29    (5) for an emeritus license, $43.20; and
48.30    (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
48.31    If the licensee's initial license term is less or more than 24 months, the required
48.32license fees must be prorated proportionately.
48.33    Subd. 3. Renewal fees. Renewal fees for licensure are as follows:
48.34    (1) for a licensed social worker, $115.20;
48.35    (2) for a licensed graduate social worker, $201.60;
49.1    (3) for a licensed independent social worker, $302.40; and
49.2    (4) for a licensed independent clinical social worker, $331.20.
49.3    Subd. 4. Continuing education provider fees. Continuing education provider
49.4fees are as follows:
49.5    (1) for a provider who offers programs totaling one to eight clock hours in a one-year
49.6period according to section 148E.145, $50;
49.7    (2) for a provider who offers programs totaling nine to 16 clock hours in a one-year
49.8period according to section 148E.145, $100;
49.9    (3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year
49.10period according to section 148E.145, $200;
49.11    (4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year
49.12period according to section 148E.145, $400; and
49.13    (5) for a provider who offers programs totaling 49 or more clock hours in a one-year
49.14period according to section 148E.145, $600.
49.15    Subd. 5. Late fees. Late fees are as follows:
49.16    (1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and
49.17    (2) supervision plan late fee, $40.
49.18    Subd. 6. License cards and wall certificates. (a) The fee for a license card as
49.19specified in section 148E.095 is $10.
49.20    (b) The fee for a license wall certificate as specified in section 148E.095 is $30.
49.21    Subd. 7. Reactivation fees. Reactivation fees are as follows:
49.22    (1) reactivation from a temporary leave or emeritus status, the prorated share of the
49.23renewal fee specified in subdivision 3; and
49.24    (2) reactivation of an expired license, 1-1/2 times the renewal fees specified in
49.25subdivision 3.

49.26    Sec. 97. [148E.185] PURPOSE OF COMPLIANCE LAWS.
49.27    The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring
49.28that all persons licensed as social workers meet minimum standards of practice. The
49.29board shall promptly and fairly investigate and resolve all complaints alleging violations
49.30of statutes and rules that the board is empowered to enforce and (1) take appropriate
49.31disciplinary action, adversarial action, or other action justified by the facts, or (2) enter
49.32into corrective action agreements or stipulations to cease practice, when doing so is
49.33consistent with the board's obligation to protect the public.

49.34    Sec. 98. [148E.190] GROUNDS FOR ACTION.
50.1    Subdivision 1. Scope. The grounds for action in subdivisions 2 to 4 and the
50.2standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees
50.3and applicants.
50.4    Subd. 2. Violations. The board has grounds to take action according to sections
50.5148E.255 to 148E.270 when a social worker violates:
50.6    (1) a statute or rule enforced by the board, including this section and sections
50.7148E.195 to 148E.240;
50.8    (2) a federal or state law or rule related to the practice of social work; or
50.9    (3) an order, stipulation, or agreement agreed to or issued by the board.
50.10    Subd. 3. Conduct before licensure. A violation of the requirements specified in this
50.11section and sections 148E.195 to 148E.240 is grounds for the board to take action under
50.12sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in
50.13this section extends to an applicant or licensee's conduct that occurred before licensure if:
50.14    (1) the conduct did not meet the minimum accepted and prevailing standards of
50.15professional social work practice at the time the conduct occurred; or
50.16    (2) the conduct adversely affects the applicant or licensee's present ability to practice
50.17social work in conformity with the requirements of sections 148E.195 to 148E.240.
50.18    Subd. 4. Unauthorized practice. The board has grounds to take action according
50.19to sections 148E.255 to 148E.270 when a social worker:
50.20    (1) practices outside the scope of practice authorized by section 148E.050;
50.21    (2) engages in the practice of social work without a social work license under
50.22section 148E.055 or 148E.060, except when the social worker is exempt from licensure
50.23under section 148E.065;
50.24    (3) provides social work services to a client who receives social work services in
50.25this state, and is not licensed under section 148E.055 or 148E.060, except when the social
50.26worker is exempt from licensure under section 148E.065.

50.27    Sec. 99. [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC.
50.28    Subdivision 1. Required displays and information for clients. (a) A social worker
50.29must conspicuously display at the social worker's places of practice, or make available as
50.30a handout for all clients, information that the client has the right to the following:
50.31    (1) to be informed of the social worker's license status, education, training, and
50.32experience;
50.33    (2) to examine public data on the social worker maintained by the board;
50.34    (3) to report a complaint about the social worker's practice to the board; and
51.1    (4) to be informed of the board's mailing address, e-mail address, Web site address,
51.2and telephone number.
51.3    (b) A social worker must conspicuously display the social worker's wall certificate at
51.4the social worker's places of practice and office locations. Additional wall certificates may
51.5be requested according to section 148E.095.
51.6    Subd. 2. Representations. (a) No applicant or other individual may be represented
51.7to the public by any title incorporating the words "social work" or "social worker" unless
51.8the individual holds a license according to sections 148E.055 and 148E.060 or practices in
51.9a setting exempt from licensure according to section 148E.065.
51.10    (b) In all professional use of a social worker's name, the social worker must use
51.11the license designation "LSW" or "licensed social worker" for a licensed social worker,
51.12"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
51.13"LISW" or "licensed independent social worker" for a licensed independent social worker,
51.14or "LICSW" or "licensed independent clinical social worker" for a licensed independent
51.15clinical social worker.
51.16    (c) Public statements or advertisements must not be untruthful, misleading, false,
51.17fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
51.18students, supervisees, or the public.
51.19    (d) A social worker must not:
51.20    (1) use licensure status as a claim, promise, or guarantee of successful service;
51.21    (2) obtain a license by cheating or employing fraud or deception;
51.22    (3) make false statements or misrepresentations to the board or in materials
51.23submitted to the board; or
51.24    (4) engage in conduct that has the potential to deceive or defraud a social work
51.25client, intern, student, supervisee, or the public.
51.26    Subd. 3. Information on credentials. (a) A social worker must provide accurate
51.27and factual information concerning the social worker's credentials, education, training,
51.28and experience when the information is requested by clients, potential clients, or other
51.29persons or organizations.
51.30    (b) A social worker must not misrepresent directly or by implication the social
51.31worker's license, degree, professional certifications, affiliations, or other professional
51.32qualifications in any oral or written communications to clients, potential clients, or other
51.33persons or organizations. A social worker must take reasonable steps to prevent such
51.34misrepresentations by other social workers.
51.35    (c) A social worker must not hold out as a person licensed as a social worker without
51.36having a social work license according to sections 148E.055 and 148E.060.
52.1    (d) A social worker must not misrepresent directly or by implication (1) affiliations
52.2with institutions or organizations, or (2) purposes or characteristics of institutions or
52.3organizations with which the social worker is or has been affiliated.

52.4    Sec. 100. [148E.200] COMPETENCE.
52.5    Subdivision 1. Competence. (a) A social worker must provide services and hold
52.6out as competent only to the extent the social worker's education, training, license,
52.7consultation received, supervision experience, or other relevant professional experience
52.8demonstrate competence in the services provided. A social worker must make a referral
52.9to a competent professional when the services required are beyond the social worker's
52.10competence or authorized scope of practice.
52.11    (b) When generally recognized standards do not exist with respect to an emerging
52.12area of practice, including but not limited to providing social work services through
52.13electronic means, a social worker must take the steps necessary, such as consultation or
52.14supervision, to ensure the competence of the social worker's work and to protect clients
52.15from harm.
52.16    Subd. 2. Supervision or consultation. Notwithstanding the completion of
52.17supervision requirements as specified in sections 148E.100 to 148E.125, a social worker
52.18must obtain supervision or engage in consultation when appropriate or necessary for
52.19competent and ethical practice.
52.20    Subd. 3. Delegation of social work responsibilities. (a) A social worker must not
52.21delegate a social work responsibility to another individual when the social worker knows
52.22or reasonably should know that the individual is not licensed when required to be licensed
52.23according to sections 148E.055 and 148E.060.
52.24    (b) A social worker must not delegate a social work responsibility to another
52.25individual when the social worker knows or reasonably should know that the individual is
52.26not competent to assume the responsibility or perform the task.

52.27    Sec. 101. [148E.205] IMPAIRMENT.
52.28    Subdivision 1. Grounds for action. The board has grounds to take action under
52.29sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable
52.30skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other
52.31materials, or as a result of any mental, physical, or psychological condition.
52.32    Subd. 2. Self-reporting. A social worker regulated by the board who is unable
52.33to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs,
52.34chemicals, or any other materials, or as a result of any mental, physical, or psychological
52.35condition, must report to the board or the health professionals services program.

53.1    Sec. 102. [148E.210] PROFESSIONAL AND ETHICAL CONDUCT.
53.2    The board has grounds to take action under sections 148E.255 to 148E.270 when a
53.3social worker:
53.4    (1) engages in unprofessional or unethical conduct, including any departure from
53.5or failure to conform to the minimum accepted ethical and other prevailing standards of
53.6professional social work practice, without actual injury to a social work client, intern,
53.7student, supervisee, or the public needing to be established;
53.8    (2) engages in conduct that has the potential to cause harm to a client, intern,
53.9student, supervisee, or the public;
53.10    (3) demonstrates a willful or careless disregard for the health, welfare, or safety of
53.11a client, intern, student, or supervisee; or
53.12    (4) engages in acts or conduct adversely affecting the applicant or licensee's current
53.13ability or fitness to engage in social work practice, whether or not the acts or conduct
53.14occurred while engaged in the practice of social work.

53.15    Sec. 103. [148E.215] RESPONSIBILITIES TO CLIENTS.
53.16    Subdivision 1. Responsibility to clients. A social worker's primary professional
53.17responsibility is to the client. A social worker must respect the client's interests, including
53.18the interest in self-determination, except when required to do otherwise by law.
53.19    Subd. 2. Nondiscrimination. A social worker must not discriminate against
53.20a client, intern, student, or supervisee or in providing services to a client, intern, or
53.21supervisee on the basis of age, gender, sexual orientation, race, color, national origin,
53.22religion, illness, disability, political affiliation, or social or economic status.
53.23    Subd. 3. Research. When undertaking research activities, a social worker must
53.24use accepted protocols for the protection of human subjects, including (1) establishing
53.25appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects'
53.26informed consent.

53.27    Sec. 104. [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS,
53.28AND OTHERS.
53.29    Subdivision 1. Social worker responsibility. (a) A social worker is responsible for
53.30acting professionally in relationships with clients or former clients. A client or a former
53.31client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or
53.32business relationship is not a defense to a violation of this section.
53.33    (b) When a relationship is permitted by this section, social workers who engage in
53.34such a relationship assume the full burden of demonstrating that the relationship will not
53.35be detrimental to the client or the professional relationship.
54.1    Subd. 2. Professional boundaries. A social worker must maintain appropriate
54.2professional boundaries with a client. A social worker must not engage in practices with
54.3clients that create an unacceptable risk of client harm or of impairing a social worker's
54.4objectivity or professional judgment. A social worker must not act or fail to act in a way
54.5that, as judged by a reasonable and prudent social worker, inappropriately encourages
54.6the client to relate to the social worker outside of the boundaries of the professional
54.7relationship, or in a way that interferes with the client's ability to benefit from social work
54.8services from the social worker.
54.9    Subd. 3. Misuse of professional relationship. A social worker must not use the
54.10professional relationship with a client, student, supervisee, or intern to further the social
54.11worker's personal, emotional, financial, sexual, religious, political, or business benefit or
54.12interests.
54.13    Subd. 4. Improper termination. A social worker must not terminate a professional
54.14relationship for the purpose of beginning a personal, sexual, or business relationship
54.15with a client.
54.16    Subd. 5. Personal relationship with a client. (a) Except as provided in paragraph
54.17(b), a social worker must not engage in a personal relationship with a client that creates a
54.18risk of client harm or of impairing a social worker's objectivity or professional judgment.
54.19    (b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal
54.20relationship with a client, the social worker must take appropriate precautions, such as
54.21consultation or supervision, to address the potential for risk of client harm or of impairing
54.22a social worker's objectivity or professional judgment.
54.23    Subd. 6. Personal relationship with a former client. A social worker may
54.24engage in a personal relationship with a former client after appropriate termination of the
54.25professional relationship, except:
54.26    (1) as prohibited by subdivision 8; or
54.27    (2) if a reasonable and prudent social worker would conclude after appropriate
54.28assessment that (i) the former client is emotionally dependent on the social worker or
54.29continues to relate to the social worker as a client, or (ii) the social worker is emotionally
54.30dependent on the client or continues to relate to the former client as a social worker.
54.31    Subd. 7. Sexual conduct with a client. A social worker must not engage in or
54.32suggest sexual conduct with a client.
54.33    Subd. 8. Sexual conduct with a former client. (a) A social worker who has
54.34engaged in diagnosing, counseling, or treating a client with mental, emotional, or
54.35behavioral disorders must not engage in or suggest sexual conduct with the former client
55.1under any circumstances for a period of two years following the termination of the
55.2professional relationship. After two years following the termination of the professional
55.3relationship, a social worker who has engaged in diagnosing, counseling, or treating a
55.4client with mental, emotional, or behavioral disorder must not engage in or suggest sexual
55.5conduct with the former client under any circumstances unless:
55.6    (1) the social worker did not intentionally or unintentionally coerce, exploit, deceive,
55.7or manipulate the former client at any time;
55.8    (2) the social worker did not represent to the former client that sexual conduct with
55.9the social worker is consistent with or part of the client's treatment;
55.10    (3) the social worker's sexual conduct was not detrimental to the former client at
55.11any time;
55.12    (4) the former client is not emotionally dependent on the social worker and does
55.13not continue to relate to the social worker as a client; and
55.14    (5) the social worker is not emotionally dependent on the client and does not
55.15continue to relate to the former client as a social worker.
55.16    (b) If there is an alleged violation of paragraph (a), the social worker assumes the
55.17full burden of demonstrating to the board that the social worker did not intentionally or
55.18unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's
55.19sexual conduct was not detrimental to the client at any time. Upon request, a social worker
55.20must provide information to the board addressing:
55.21    (1) the amount of time that has passed since termination of services;
55.22    (2) the duration, intensity, and nature of services;
55.23    (3) the circumstances of termination of services;
55.24    (4) the former client's emotional, mental, and behavioral history;
55.25    (5) the former client's current emotional, mental, and behavioral status;
55.26    (6) the likelihood of adverse impact on the former client; and
55.27    (7) the existence of actions, conduct, or statements made by the social worker during
55.28the course of services suggesting or inviting the possibility of a sexual relationship with
55.29the client following termination of services.
55.30    (c) A social worker who has provided social work services other than those
55.31described in paragraph (a) to a client must not engage in or suggest sexual conduct
55.32with the former client if a reasonable and prudent social worker would conclude after
55.33appropriate assessment that engaging in such behavior with the former client would create
55.34an unacceptable risk of harm to the former client.
56.1    Subd. 9. Sexual conduct with student, supervisee, or intern. (a) A social worker
56.2must not engage in or suggest sexual conduct with a student while the social worker has
56.3authority over any part of the student's academic program.
56.4    (b) A social worker supervising an intern must not engage in or suggest sexual
56.5conduct with the intern during the course of the internship.
56.6    (c) A social worker practicing social work as a supervisor must not engage in or
56.7suggest sexual conduct with a supervisee during the period of supervision.
56.8    Subd. 10. Sexual harassment. A social worker must not engage in any physical,
56.9oral, written, or electronic behavior that a client, former client, student, supervisee, or
56.10intern may reasonably interpret as sexually harassing or sexually demeaning.
56.11    Subd. 11. Business relationship with client. A social worker must not purchase
56.12goods or services from a client or otherwise engage in a business relationship with a
56.13client except when:
56.14    (1) a social worker purchases goods or services from the client and a reasonable and
56.15prudent social worker would determine that it is not practical or reasonable to obtain the
56.16goods or services from another provider; and
56.17    (2) engaging in the business relationship will not be detrimental to the client or the
56.18professional relationship.
56.19    Subd. 12. Business relationship with former client. A social worker may purchase
56.20goods or services from a former client or otherwise engage in a business relationship with
56.21a former client after appropriate termination of the professional relationship unless a
56.22reasonable and prudent social worker would conclude after appropriate assessment that:
56.23    (1) the former client is emotionally dependent on the social worker and purchasing
56.24goods or services from the former client or otherwise engaging in a business relationship
56.25with the former client would be detrimental to the former client; or
56.26    (2) the social worker is emotionally dependent on the former client and purchasing
56.27goods or services from the former client or otherwise engaging in a business relationship
56.28with the former client would be detrimental to the former client.
56.29    Subd. 13. Previous sexual, personal, or business relationship. (a) A social worker
56.30must not engage in a social worker/client relationship with an individual with whom the
56.31social worker had a previous sexual relationship.
56.32    (b) A social worker must not engage in a social worker/client relationship with an
56.33individual with whom the social worker had a previous personal or business relationship if
56.34a reasonable and prudent social worker would conclude after appropriate assessment that
57.1the social worker/client relationship would create an unacceptable risk of client harm or
57.2that the social worker's objectivity or professional judgment may be impaired.
57.3    Subd. 14. Giving alcohol or other drugs to client. (a) Unless authorized by law, a
57.4social worker must not offer medication or controlled substances to a client.
57.5    (b) A social worker must not accept medication or controlled substances from a
57.6client except that if authorized by law, a social worker may accept medication or controlled
57.7substances from a client for purposes of disposal or to monitor use.
57.8    (c) A social worker must not offer alcoholic beverages to a client except when
57.9the offer is authorized or prescribed by a physician or is offered according to a client's
57.10care plan.
57.11    (d) A social worker must not accept alcoholic beverages from a client.
57.12    Subd. 15. Relationship with client's family or household member. Subdivisions
57.131 to 14 apply to a social worker's relationship with a client's family or household member
57.14when a reasonable and prudent social worker would conclude after appropriate assessment
57.15that a relationship with a family or household member would create an unacceptable
57.16risk of harm to the client.

57.17    Sec. 105. [148E.225] TREATMENT AND INTERVENTION SERVICES.
57.18    Subdivision 1. Assessment or diagnosis. A social worker must base treatment and
57.19intervention services on an assessment or diagnosis. A social worker must evaluate, on an
57.20ongoing basis, the appropriateness of the assessment or diagnosis.
57.21    Subd. 2. Assessment or diagnostic instruments. A social worker must not use
57.22an assessment or diagnostic instrument without adequate training. A social worker
57.23must follow standards and accepted procedures for using an assessment or diagnostic
57.24instrument. A social worker must inform a client of the purpose before administering the
57.25instrument and must make the results available to the client.
57.26    Subd. 3. Plan for services. A social worker must develop a plan for services that
57.27includes goals based on the assessment or diagnosis. A social worker must evaluate, on an
57.28ongoing basis, the appropriateness of the plan and the client's progress toward the goals.
57.29    Subd. 4. Records. (a) A social worker must make and maintain current and
57.30accurate records, appropriate to the circumstances, of all services provided to a client. At
57.31a minimum, the records must contain documentation of:
57.32    (1) the assessment or diagnosis;
57.33    (2) the content of the service plan;
57.34    (3) progress with the plan and any revisions of assessment, diagnosis, or plan;
57.35    (4) any fees charged and payments made;
58.1    (5) copies of all client-written authorizations for release of information; and
58.2    (6) other information necessary to provide appropriate services.
58.3    (b) These records must be maintained by the social worker for at least seven years
58.4after the last date of service to the client. Social workers who are employed by an agency
58.5or other entity are not required to:
58.6    (1) maintain personal or separate records; or
58.7    (2) personally retain records at the conclusion of their employment.
58.8    Subd. 5. Termination of services. A social worker must terminate a professional
58.9relationship with a client when the social worker reasonably determines that the client
58.10is not likely to benefit from continued services or the services are no longer needed,
58.11unless the social worker is required by law to provide services. A social worker who
58.12anticipates terminating services must give reasonable notice to the client in a manner that
58.13is appropriate to the needs of the client. The social worker must provide appropriate
58.14referrals as needed or upon request of the client.

58.15    Sec. 106. [148E.230] CONFIDENTIALITY AND RECORDS.
58.16    Subdivision 1. Informed consent. (a) A social worker must obtain valid, informed
58.17consent, appropriate to the circumstances, before providing services to clients. When
58.18obtaining informed consent, the social worker must determine whether the client has the
58.19capacity to provide informed consent. If the client does not have the capacity to provide
58.20consent, the social worker must obtain consent for the services from the client's legal
58.21representative. The social worker must not provide services, unless authorized or required
58.22by law, if the client or the client's legal representative does not consent to the services.
58.23    (b) If a social worker determines that a client does not have the capacity to provide
58.24consent, and the client does not have a legal representative, the social worker:
58.25    (1) must, except as provided in clause (2), secure a legal representative for a client
58.26before providing services; or
58.27    (2) may, notwithstanding clause (1), provide services, except when prohibited by
58.28other applicable law, that are necessary to ensure the client's safety or to preserve the
58.29client's property or financial resources.
58.30    (c) A social worker must use clear and understandable language, including using an
58.31interpreter proficient in the client's primary language as necessary, to inform clients of
58.32the plan of services, risks related to the plan, limits to services, relevant costs, terms of
58.33payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the
58.34time frame covered by the consent.
59.1    Subd. 2. Mandatory reporting and disclosure of client information. At the
59.2beginning of a professional relationship and during the professional relationship as
59.3necessary and appropriate, a social worker must inform the client of those circumstances
59.4under which the social worker may be required to disclose client information specified in
59.5subdivision 3, paragraph (a), without the client's consent.
59.6    Subd. 3. Confidentiality of client information. (a) A social worker must ensure the
59.7confidentiality of all client information obtained in the course of the social worker/client
59.8relationship and all client information otherwise obtained by the social worker that is
59.9relevant to the social worker/client relationship. Except as provided in this section,
59.10client information may be disclosed or released only with the client's or the client's legal
59.11representative's valid informed consent, appropriate to the circumstances, except when
59.12otherwise required by law. A social worker must seek consent to disclose or release
59.13client information only when such disclosure or release is necessary to provide social
59.14work services.
59.15    (b) A social worker must continue to maintain confidentiality of the client
59.16information specified in paragraph (a) upon termination of the professional relationship
59.17including upon the death of the client, except as provided under this section or other
59.18applicable law.
59.19    (c) A social worker must limit access to the client information specified in paragraph
59.20(a) in a social worker's agency to appropriate agency staff whose duties require access.
59.21    Subd. 4. Release of client information with written informed consent. (a) Except
59.22as provided in subdivision 5, client information specified in subdivision 3, paragraph (a),
59.23may be released only with the client's or the client's legal representative's written informed
59.24consent. The written informed consent must:
59.25    (1) explain to whom the client's records may be released;
59.26    (2) explain the purpose for the release; and
59.27    (3) state an expiration date for the authorized release of the records.
59.28    (b) A social worker may provide client information specified in subdivision 3,
59.29paragraph (a), to a third party for the purpose of payment for services rendered only
59.30with the client's written informed consent.
59.31    (c) Except as provided in subdivision 5, a social worker may disclose client
59.32information specified in subdivision 3, paragraph (a), only with the client's or the client's
59.33legal representative's written informed consent. When it is not practical to obtain written
59.34informed consent before providing necessary services, a social worker may disclose
59.35or release client information with the client's or the client's legal representative's oral
59.36informed consent.
60.1    (d) Unless otherwise authorized by law, a social worker must obtain a client's written
60.2informed consent before taking a photograph of the client or making an audio or video
60.3recording of the client, or allowing a third party to do the same. The written informed
60.4consent must explain:
60.5    (1) the purpose of the photograph or the recording and how the photograph or
60.6recording will be used, how it will be stored, and when it will be destroyed; and
60.7    (2) how the client may have access to the photograph or recording.
60.8    Subd. 5. Release of client information without written informed consent. (a) A
60.9social worker may disclose client information specified in subdivision 3, paragraph (a),
60.10without the written consent of the client or the client's legal representative only under the
60.11following circumstances or under the circumstances described in paragraph (b):
60.12    (1) when mandated or authorized by federal or state law, including the mandatory
60.13reporting requirements under the duty to warn, maltreatment of minors, and vulnerable
60.14adult laws specified in section 148E.240, subdivisions 6 to 8;
60.15    (2) when the board issues a subpoena to the social worker; or
60.16    (3) when a court of competent jurisdiction orders release of the client records
60.17or information.
60.18    (b) When providing services authorized or required by law to a client who does
60.19not have the capacity to provide consent and who does not have a legal representative,
60.20a social worker must disclose or release client records or information as necessary to
60.21provide services to ensure the client's safety or to preserve the client's property or financial
60.22resources.
60.23    Subd. 6. Release of client records or information. When releasing client records
60.24or information under this section, a social worker must release current, accurate, and
60.25complete records or information.

60.26    Sec. 107. [148E.235] FEES AND BILLING PRACTICES.
60.27    Subdivision 1. Fees and payments. (a) A social worker must ensure that a client or
60.28a client's legal representative is informed of all fees at the initial session or meeting with
60.29the client, and that payment for services is arranged with the client or the client's legal
60.30representative at the beginning of the professional relationship. Upon request from a client
60.31or a client's legal representative, a social worker must provide in a timely manner a written
60.32payment plan or a written explanation of the charges for any services rendered.
60.33    (b) When providing services authorized or required by law to a client who does not
60.34have the capacity to provide consent and who does not have a legal representative, a social
60.35worker may submit reasonable bills to an appropriate payer for services provided.
61.1    Subd. 2. Billing for services not provided. A social worker must not bill for
61.2services that have not been provided except that, with prior notice to the client, a social
61.3worker may bill for failed appointments or for cancellations without sufficient notice. A
61.4social worker may bill only for provided services which are necessary and appropriate.
61.5Financial responsibility for failed appointment billings resides solely with the client and
61.6such costs may not be billed to public or private payers.
61.7    Subd. 3. No payment for referrals. A social worker must not accept or give a
61.8commission, rebate, or other form of remuneration solely or primarily to profit from the
61.9referral of a client.
61.10    Subd. 4. Fees and billing practices. A social worker must not engage in improper
61.11or fraudulent billing practices, including, but not limited to, violations of the federal
61.12Medicare and Medicaid laws or state medical assistance laws.

61.13    Sec. 108. [148E.240] REPORTING REQUIREMENTS.
61.14    Subdivision 1. Failure to self-report adverse actions. The board has grounds to
61.15take action under sections 148E.255 to 148E.270 when a social worker fails to report to
61.16the board within 90 days:
61.17    (1) having been disciplined, sanctioned, or found to have violated a state, territorial,
61.18provincial, or foreign licensing agency's laws or rules;
61.19    (2) having been convicted of committing a felony, gross misdemeanor, or
61.20misdemeanor reasonably related to the practice of social work;
61.21    (3) having had a finding or verdict of guilt, whether or not the adjudication of guilt
61.22is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor
61.23reasonably related to the practice of social work;
61.24    (4) having admitted to committing, or entering a no contest plea to committing, a
61.25felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social
61.26work; or
61.27    (5) having been denied licensure by a state, territorial, provincial, or foreign
61.28licensing agency.
61.29    Subd. 2. Failure to submit application information. The board has grounds to
61.30take action under sections 148E.255 to 148E.270 when an applicant or licensee fails to
61.31submit with an application the following information:
61.32    (1) the dates and dispositions of any malpractice settlements or awards made relating
61.33to the social work services provided by the applicant or licensee; or
61.34    (2) the dates and dispositions of any civil litigations or arbitrations relating to the
61.35social work services provided by the applicant or licensee.
62.1    Subd. 3. Reporting other licensed health professionals. An applicant or licensee
62.2must report to the appropriate health-related licensing board conduct by a licensed health
62.3professional which would constitute grounds for disciplinary action under the statutes
62.4and rules enforced by that board.
62.5    Subd. 4. Reporting unlicensed practice. An applicant or licensee must report
62.6to the board conduct by an unlicensed person which constitutes the practice of social
62.7work, as defined in section 148E.010, except when the unlicensed person is exempt from
62.8licensure according to section 148E.065.
62.9    Subd. 5. Failure to report other applicants or licensees; unlicensed practice.
62.10    The board has grounds to take action under sections 148E.255 to 148E.270 when an
62.11applicant or licensee fails to report to the board conduct:
62.12    (1) by another licensee or applicant which the applicant or licensee has reason to
62.13believe may reasonably constitute grounds for disciplinary action under this section; or
62.14    (2) by an unlicensed person that constitutes the practice of social work when a
62.15license is required to practice social work.
62.16    Subd. 6. Duty to warn. A licensee must comply with the duty to warn established
62.17by section 148.975.
62.18    Subd. 7. Reporting maltreatment of minors. An applicant or licensee must
62.19comply with the reporting of maltreatment of minors established by section 626.556.
62.20    Subd. 8. Reporting maltreatment of vulnerable adults. An applicant or licensee
62.21must comply with the reporting of maltreatment of vulnerable adults established by
62.22section 626.557.
62.23    Subd. 9. Subpoenas. The board may issue subpoenas according to section
62.24148E.245 and chapter 214 for the production of any reports required by this section or
62.25any related documents.

62.26    Sec. 109. [148E.245] INVESTIGATIVE POWERS AND PROCEDURES.
62.27    Subdivision 1. Subpoenas. (a) The board may issue subpoenas and compel the
62.28attendance of witnesses and the production of all necessary papers, books, records,
62.29documents, and other evidentiary material as part of its investigation of an applicant or
62.30licensee under this section or chapter 214.
62.31    (b) If any person fails or refuses to appear or testify regarding any matter about which
62.32the person may be lawfully questioned, or fails or refuses to produce any papers, books,
62.33records, documents, or other evidentiary materials in the matter to be heard, after having
63.1been required by order of the board or by a subpoena of the board to do so, the board may
63.2institute a proceeding in any district court to enforce the board's order or subpoena.
63.3    (c) The board or a designated member of the board acting on behalf of the board
63.4may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions
63.5may be taken within or out of the state in the manner provided by law for the taking of
63.6depositions in civil actions.
63.7    (d) A subpoena or other process or paper may be served upon any person named
63.8therein, by mail or by any officer authorized to serve subpoenas or other process or paper
63.9in civil actions, with the same fees and mileage and in the same manner as prescribed by
63.10law for service of process issued out of the district court of this state.
63.11    (e) Fees, mileage, and other costs must be paid as the board directs.
63.12    Subd. 2. Classification of data. (a) Any records obtained as part of an investigation
63.13must be treated as investigative data under section 13.41 and be classified as confidential
63.14data.
63.15    (b) Notwithstanding paragraph (a), client records must be treated as private data
63.16under chapter 13. Client records must be protected as private data in the records of the
63.17board and in administrative or judicial proceedings unless the client authorizes the board
63.18in writing to make public the identity of the client or a portion or all of the client's records.
63.19    Subd. 3. Mental or physical examination; chemical dependency evaluation. (a)
63.20If the board (1) has probable cause to believe that an applicant or licensee has violated
63.21a statute or rule enforced by the board, or an order issued by the board and (2) believes
63.22the applicant may have a health-related condition relevant to the violation, the board may
63.23issue an order directing the applicant or licensee to submit to one or more of the following:
63.24a mental examination, a physical examination, or a chemical dependency evaluation.
63.25    (b) An examination or evaluation order issued by the board must include:
63.26    (1) factual specifications on which the order is based;
63.27    (2) the purpose of the examination or evaluation;
63.28    (3) the name of the person or entity that will conduct the examination or evaluation;
63.29and
63.30    (4) the means by which the examination or evaluation will be paid for.
63.31    (c) Every applicant or licensee must submit to a mental examination, a physical
63.32examination, or a chemical dependency evaluation when ordered to do so in writing
63.33by the board.
63.34    (d) By submitting to a mental examination, a physical examination, or a chemical
63.35dependency evaluation, an applicant or licensee waives all objections to the admissibility
64.1of the examiner or evaluator's testimony or reports on the grounds that the testimony or
64.2reports constitute a privileged communication.
64.3    Subd. 4. Failure to submit to an examination. (a) If an applicant or licensee fails
64.4to submit to an examination or evaluation ordered by the board according to subdivision 3,
64.5unless the failure was due to circumstances beyond the control of the applicant or licensee,
64.6the failure is an admission that the applicant or licensee violated a statute or rule enforced
64.7by the board as specified in the examination or evaluation order issued by the board.
64.8The failure may result in an application being denied or other adversarial, corrective, or
64.9disciplinary action being taken by the board without a contested case hearing.
64.10    (b) If an applicant or licensee requests a contested case hearing after the board
64.11denies an application or takes other disciplinary or adversarial action, the only issues
64.12which may be determined at the hearing are:
64.13    (1) whether the board had probable cause to issue the examination or evaluation
64.14order; and
64.15    (2) whether the failure to submit to the examination or evaluation was due to
64.16circumstances beyond the control of the applicant or licensee.
64.17    (c) Neither the record of a proceeding under this subdivision nor an order issued
64.18by the board may be admissible, subject to subpoena, or be used against the applicant or
64.19licensee in a proceeding in which the board is not a party or decision maker.
64.20    (d) Information obtained under this subdivision must be treated as private data under
64.21chapter 13. An order issued by the board as the result of an applicant's or licensee's failure
64.22to submit to an examination or evaluation must be treated as public data under chapter 13.
64.23    Subd. 5. Access to data and records. (a) In addition to ordering a physical or
64.24mental examination or chemical dependency evaluation, and notwithstanding section
64.2513.384, 144.651, 595.02, or any other statute limiting access to health records, the board
64.26or a designated member of the board acting on behalf of the board may subpoena physical,
64.27mental, and chemical dependency health records relating to an applicant or licensee
64.28without the applicant's or licensee's consent if:
64.29    (1) the board has probable cause to believe that the applicant or licensee has violated
64.30chapter 214, a statute or rule enforced by the board, or an order issued by the board; and
64.31    (2) the board has reason to believe that the records are relevant and necessary to the
64.32investigation.
64.33    (b) An applicant, licensee, insurance company, government agency, health care
64.34facility, or provider as defined in section 144.335, subdivision 1, paragraph (b), must
64.35comply with any subpoena of the board under this subdivision and is not liable in
64.36any action for damages for releasing information subpoenaed by the board under this
65.1subdivision unless the information provided is false and the person or entity providing the
65.2information knew or had reason to know that the information was false.
65.3    (c) Information on individuals obtained under this subdivision must be treated as
65.4investigative data under section 13.41 and be classified as confidential data.
65.5    (d) If an applicant, licensee, person, or entity does not comply with any subpoena of
65.6the board under this subdivision, the board may institute a proceeding in any district court
65.7to enforce the board's subpoena.
65.8    Subd. 6. Evidence of past sexual conduct. If, in a proceeding for taking action
65.9against an applicant or licensee under this section, the charges involve sexual contact with
65.10a client or former client, the board or administrative law judge must not consider evidence
65.11of the client's or former client's previous sexual conduct. Reference to the client's or
65.12former client's previous sexual conduct must not be made during the proceedings or in the
65.13findings, except by motion of the complainant, unless the evidence would be admissible
65.14under the applicable provisions of section 609.347, subdivision 3.
65.15    Subd. 7. Investigations involving vulnerable adults or children in need of
65.16protection. (a) Except as provided in paragraph (b), if the board receives a complaint
65.17about a social worker regarding the social worker's involvement in a case of vulnerable
65.18adults or children in need of protection, the county or other appropriate public authority
65.19may request that the board suspend its investigation, and the board must comply until such
65.20time as the court issues its findings on the case.
65.21    (b) Notwithstanding paragraph (a), the board may continue with an investigation if
65.22the board determines that doing so is in the best interests of the vulnerable adult or child
65.23and is consistent with the board's obligation to protect the public. If the board chooses to
65.24continue an investigation, the board must notify the county or other appropriate public
65.25authority in writing and state its reasons for doing so.
65.26    Subd. 8. Notification of complainant. (a) In no more than 14 calendar days after
65.27receiving a complaint regarding a licensee, the board must notify the complainant that the
65.28board has received the complaint.
65.29    (b) The board must periodically notify the complainant of the status of the complaint.
65.30    Subd. 9. Notification of licensee. (a) Except as provided in paragraph (b), in no
65.31more than 60 calendar days after receiving a complaint regarding a licensee, the board must
65.32notify the licensee that the board has received the complaint and inform the licensee of:
65.33    (1) the substance of the complaint;
65.34    (2) the sections of the law that allegedly have been violated; and
65.35    (3) whether an investigation is being conducted.
66.1    (b) Paragraph (a) does not apply if:
66.2    (1) the board determines that such notice would compromise the board's investigation
66.3according to section 214.10; or
66.4    (2) the board determines that such notice cannot reasonably be accomplished within
66.5this time.
66.6    (c) The board must periodically notify the licensee of the status of the complaint.
66.7    Subd. 10. Resolution of complaints. In no more than one year after receiving a
66.8complaint regarding a licensee, the board must resolve or dismiss the complaint unless
66.9the board determines that resolving or dismissing the complaint cannot reasonably be
66.10accomplished within this time.

66.11    Sec. 110. [148E.250] OBLIGATION TO COOPERATE.
66.12    Subdivision 1. Obligation to cooperate. An applicant or licensee who is the subject
66.13of an investigation, or who is questioned by or on behalf of the board in connection with
66.14an investigation, must cooperate fully with the investigation. Cooperation includes, but is
66.15not limited to:
66.16    (1) responding fully and promptly to any question relating to the investigation;
66.17    (2) as reasonably requested by the board, providing copies of client and other records
66.18in the applicant's or licensee's possession relating to the investigation;
66.19    (3) executing release of records as reasonably requested by the board; and
66.20    (4) appearing at conferences, hearings, or meetings scheduled by the board, as
66.21required in sections 148E.255 to 148E.270 and chapter 214.
66.22    Subd. 2. Investigation. A social worker must not knowingly withhold relevant
66.23information, give false or misleading information, or do anything to obstruct an
66.24investigation of the social worker or another social worker by the board or by another state
66.25or federal regulatory or law enforcement authority.
66.26    Subd. 3. Payment for copies. The board must pay for copies requested by the board.
66.27    Subd. 4. Access to client records. Notwithstanding any law to the contrary, an
66.28applicant or licensee must allow the board access to any records of a client provided
66.29services by the applicant or licensee under investigation. If the client has not signed a
66.30consent permitting access to the client's records, the applicant or licensee must delete any
66.31data in the records that identifies the client before providing the records to the board.
66.32    Subd. 5. Classification of data. Any records obtained according to this subdivision
66.33must be treated as investigative data according to section 13.41 and be classified as
66.34confidential data.

67.1    Sec. 111. [148E.255] TYPES OF ACTIONS.
67.2    Subdivision 1. Actions. The board may take disciplinary action according to
67.3section 148E.260, adversarial but nondisciplinary action according to section 148E.265,
67.4or voluntary action according to section 148E.270. Any action taken under sections
67.5148E.260 to 148E.270 is public data.
67.6    Subd. 2. Disciplinary action. For purposes of section 148E.260, "disciplinary
67.7action" means an action taken by the board against an applicant or licensee that addresses
67.8a complaint alleging a violation of a statute or rule the board is empowered to enforce.
67.9    Subd. 3. Adversarial but nondisciplinary action. For purposes of section
67.10148E.265, "adversarial but nondisciplinary action" means a nondisciplinary action taken
67.11by the board that addresses a complaint alleging a violation of a statute or rule the board
67.12is empowered to enforce.
67.13    Subd. 4. Voluntary action. For purposes of section 148E.270, "voluntary action"
67.14means a nondisciplinary action agreed to by the board or a designated board member and
67.15an applicant or licensee that, through educational or other corrective means, addresses a
67.16complaint alleging a violation of a statute or rule that the board is empowered to enforce.

67.17    Sec. 112. [148E.260] DISCIPLINARY ACTIONS.
67.18    Subdivision 1. General disciplinary actions. (a) When the board has grounds for
67.19disciplinary actions under this chapter, the board may take one or more of the following
67.20disciplinary actions:
67.21    (1) deny an application;
67.22    (2) permanently revoke a license to practice social work;
67.23    (3) indefinitely or temporarily suspend a license to practice social work;
67.24    (4) impose restrictions on a licensee's scope of practice;
67.25    (5) impose conditions required for the licensee to maintain licensure, including,
67.26but not limited to, additional education, supervision, and requiring the passing of an
67.27examination provided for in section 148E.055;
67.28    (6) reprimand a licensee;
67.29    (7) impose a civil penalty of up to $10,000 for each violation in order to discourage
67.30future violations or to deprive the licensee of any economic advantage gained by reason
67.31of the violation; or
67.32    (8) impose a fee to reimburse the board for all or part of the cost of the proceedings
67.33resulting in disciplinary action, including, but not limited to, the amount paid by the board
67.34for services received from or expenses incurred by the Office of Administrative Hearings,
68.1the Office of the Attorney General, court reporters, witnesses, board members, board staff,
68.2or the amount paid by the board for reproducing records.
68.3    (b) Disciplinary action taken by the board under this subdivision is in effect pending
68.4determination of an appeal unless the court, upon petition and for good cause shown,
68.5decides otherwise.
68.6    Subd. 2. Reprimands. (a) In addition to the board's authority to issue a reprimand
68.7according to subdivision 1, a designated board member reviewing a complaint as provided
68.8for in chapter 214 may issue a reprimand to a licensee. The designated board member
68.9must notify the licensee that the reprimand will become final disciplinary action unless the
68.10licensee requests a hearing by the board within 14 calendar days.
68.11    (b) If the licensee requests a hearing within 14 calendar days, the board must
68.12schedule a hearing unless the designated board member withdraws the reprimand.
68.13    (c) The hearing must be scheduled within 14 working days of the time the licensee
68.14submits a request for the hearing.
68.15    (d) The designated board member who issued the reprimand may participate in the
68.16hearing but must not deliberate or vote on the decision by the board.
68.17    (e) The only evidence permitted at the hearing is affidavits or other documents
68.18except for testimony by the licensee or other witnesses whose testimony the board chair
68.19has authorized for good cause.
68.20    (f) If testimony is authorized, the testimony is subject to cross-examination.
68.21    (g) After the hearing, the board must affirm or dismiss the reprimand.
68.22    Subd. 3. Temporary suspensions. (a) In addition to any other remedy provided
68.23by statute, the board or a designated board member may, without a hearing, temporarily
68.24suspend a license to practice social work if the board or the designated board member
68.25finds that:
68.26    (1) the licensee has violated a statute or rule enforced by the board, any other federal
68.27or state law or rule related to the practice of social work, or an order, stipulation, or
68.28agreement agreed to or issued by the board; and
68.29    (2) continued practice by the licensee would create a serious risk of harm to others.
68.30    (b) The suspension is in effect upon service of a written order on the licensee
68.31specifying the statute, rule, order, stipulation, or agreement violated. Service of the order
68.32is effective if the order is served on the licensee or the licensee's attorney personally or
68.33by first class mail to the most recent address provided to the board for the licensee or the
68.34licensee's attorney.
69.1    (c) The temporary suspension remains in effect until after the board issues an order
69.2according to paragraph (e), or if there is a contested case hearing, after the board issues a
69.3written final order according to paragraph (g).
69.4    (d) If the licensee requests in writing within five calendar days of service of the
69.5order that the board hold a hearing, the board must hold a hearing on the sole issue of
69.6whether to continue, modify, or lift the suspension. The board must hold the hearing
69.7within ten working days of receipt of the licensee's written request. Evidence presented
69.8by the board or licensee must be in affidavit form only, except that the licensee or the
69.9licensee's attorney may present oral argument.
69.10    (e) Within five working days after the hearing, the board must issue its order. If
69.11the licensee contests the order, the board must schedule a contested case hearing under
69.12chapter 14. The contested case hearing must be scheduled to occur within 45 calendar
69.13days after issuance of the order.
69.14    (f) The administrative law judge must issue a report within 30 calendar days after
69.15the contested case hearing is concluded.
69.16    (g) The board must issue a final order within 30 calendar days after the board
69.17receives the administrative law judge's report.

69.18    Sec. 113. [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS.
69.19    Subdivision 1. Automatic suspensions. (a) A license to practice social work is
69.20automatically suspended if:
69.21    (1) a guardian of a licensee is appointed by order of a court according to sections
69.22524.5-101 and 524.5.102; or
69.23    (2) the licensee is committed by order of a court according to chapter 253B.
69.24    (b) A license remains suspended until:
69.25    (1) the licensee is restored to capacity by a court; and
69.26    (2) upon petition by the licensee and after a hearing or an agreement with the
69.27licensee, the board terminates the suspension.
69.28    (c) If the board terminates the suspension, it may do so with or without conditions
69.29or restrictions, including, but not limited to, participation in the health professional
69.30services program.
69.31    Subd. 2. Cease and desist orders. (a) The board or a designated board member
69.32may issue a cease and desist order to stop a person from engaging in unauthorized practice
69.33or from violating or threatening to violate a statute or rule enforced by the board or an
69.34order, stipulation, or agreement agreed to or issued by the board.
69.35    (b) The cease and desist order must state the reason for its issuance and give notice
69.36of the person's right to request a hearing under sections 14.57 to 14.62. If the person fails
70.1to request a hearing in writing postmarked within 15 calendar days after service of the
70.2cease and desist order, the order is the final order of the board and is not reviewable by
70.3a court or agency.
70.4    (c) If the board receives a written request for a hearing postmarked within 15
70.5calendar days after service of the cease and desist order, the board must schedule a hearing
70.6within 30 calendar days of receiving the request.
70.7    (d) The administrative law judge must issue a report within 30 calendar days after
70.8the contested case hearing is concluded.
70.9    (e) Within 30 calendar days after the board receives the administrative law judge's
70.10report, the board must issue a final order modifying, vacating, or making permanent
70.11the cease and desist order. The final order remains in effect until modified or vacated
70.12by the board.
70.13    (f) If a person does not comply with a cease and desist order, the board may institute
70.14a proceeding in any district court to obtain injunctive relief or other appropriate relief,
70.15including but not limited to, a civil penalty payable to the board of up to $10,000 for
70.16each violation.
70.17    (g) A cease and desist order issued according to this subdivision does not relieve a
70.18person from criminal prosecution by a competent authority or from disciplinary action
70.19by the board.
70.20    Subd. 3. Injunctive relief. (a) In addition to any other remedy provided by law, the
70.21board may bring an action in district court for injunctive relief to restrain any unauthorized
70.22practice or violation or threatened violation of any statute or rule, stipulation, or agreement
70.23agreed to or enforced by the board or an order issued by the board.
70.24    (b) A temporary restraining order may be granted in the proceeding if continued
70.25activity by a person would create an imminent risk of harm to others.
70.26    (c) Injunctive relief granted according to this subdivision does not relieve a person
70.27from criminal prosecution by a competent authority or from disciplinary action by the
70.28board.
70.29    (d) In bringing an action for injunctive relief, the board need not show irreparable
70.30harm.

70.31    Sec. 114. [148E.270] VOLUNTARY ACTIONS.
70.32    Subdivision 1. Agreements for corrective action. (a) The board or a designated
70.33board member may enter into an agreement for corrective action with an applicant or
70.34licensee when the board or a designated board member determines that a complaint
70.35alleging a violation of a statute or rule enforced by the board or an order issued by the
71.1board may best be resolved through an agreement for corrective action when disciplinary
71.2action is not required to protect the public.
71.3    (b) An agreement for corrective action must:
71.4    (1) be in writing;
71.5    (2) specify the facts upon which the agreement is based;
71.6    (3) clearly indicate the corrective action agreed upon; and
71.7    (4) provide that the complaint that resulted in the agreement must be dismissed by the
71.8board or the designated board member upon successful completion of the corrective action.
71.9    (c) The board or designated board member may determine successful completion
71.10when the applicant or licensee submits a request for dismissal that documents the
71.11applicant's or licensee's successful completion of the corrective action. The burden of
71.12proof is on the applicant or licensee to prove successful completion.
71.13    (d) An agreement for corrective action is not disciplinary action but must be treated
71.14as public data under chapter 13.
71.15    (e) The board may impose a fee to reimburse the board for all or part of the costs
71.16of the proceedings resulting in a corrective action, including, but not limited to, the
71.17amount paid by the board for services received from or expenses incurred by the Office
71.18of the Attorney General, board members, board staff, or the amount paid by the board
71.19for reproducing records.
71.20    (f) The board or designated board member must not enter into an agreement for
71.21corrective action when the complaint alleged sexual conduct with a client unless there is
71.22insufficient evidence to justify disciplinary action but there is a basis for corrective action.
71.23    Subd. 2. Stipulations to cease practicing social work. (a) The board or a
71.24designated board member may enter into a stipulation to cease practicing social work with
71.25a licensee if the board or designated board member determines that the licensee is unable
71.26to practice social work competently or safely or that the social worker's continued practice
71.27creates an unacceptable risk of safety to clients, potential clients, or the public.
71.28    (b) A stipulation to cease practicing social work must:
71.29    (1) be in writing;
71.30    (2) specify the facts upon which the stipulation is based;
71.31    (3) clearly indicate that the licensee must not practice social work and must not hold
71.32out to the public that the social worker is licensed; and
71.33    (4) specify the term of the stipulation or when and under what circumstances the
71.34licensee may petition the board for termination of the stipulation.
71.35    (c) A stipulation to cease practicing social work is not disciplinary action but must
71.36be treated as public data under chapter 13.
72.1    (d) Nothing in this subdivision prevents the board or designated board member
72.2from taking any other disciplinary or adversarial action authorized by sections 148E.255
72.3to 148E.265 in lieu of or in addition to entering into a stipulation to cease practicing
72.4social work.

72.5    Sec. 115. [148E.275] UNAUTHORIZED PRACTICE.
72.6    No individual may:
72.7    (1) engage in the practice of social work without a social work license under
72.8sections 148E.055 and 148E.060, except when the individual is exempt from licensure
72.9according to section 148E.065;
72.10    (2) provide social work services to a client who resides in this state when the
72.11individual providing the services is not licensed as a social worker according to sections
72.12148E.055 to 148E.060, except when the individual is exempt from licensure according to
72.13section 148E.065.

72.14    Sec. 116. [148E.280] USE OF TITLES.
72.15    No individual may be presented to the public by any title incorporating the words
72.16"social work" or "social worker" or in the titles in section 148E.195, unless that individual
72.17holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt
72.18from licensure under section 148E.065.

72.19    Sec. 117. [148E.285] REPORTING REQUIREMENTS.
72.20    Subdivision 1. Institutions. A state agency, political subdivision, agency of a local
72.21unit of government, private agency, hospital, clinic, prepaid medical plan, or other health
72.22care institution or organization must report to the board:
72.23    (1) any adversarial action, disciplinary action, or other sanction for conduct that
72.24might constitute grounds for action under section 148E.190;
72.25    (2) the resignation of any applicant or licensee prior to the conclusion of any
72.26proceeding for adversarial action, disciplinary action, or other sanction for conduct that
72.27might constitute grounds for action under section 148E.190; or
72.28    (3) the resignation of any applicant or licensee prior to the commencement of a
72.29proceeding for adversarial action, disciplinary action, or other sanction for conduct that
72.30might constitute grounds for action under section 148E.190, but after the applicant or
72.31licensee had knowledge that a proceeding was contemplated or in preparation.
72.32    Subd. 2. Professional societies and associations. A state or local professional
72.33society or association whose members consist primarily of licensed social workers must
72.34report to the board any adversarial action, disciplinary action, or other sanction taken
72.35against a member.
73.1    Subd. 3. Immunity. An individual, professional society or association, state agency,
73.2political subdivision, agency of a local unit of government, private agency, hospital,
73.3clinic, prepaid medical plan, other health care institution or organization or other entity is
73.4immune from civil liability or criminal prosecution for submitting in good faith a report
73.5under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying
73.6about violations or alleged violations of this chapter.

73.7    Sec. 118. [148E.290] PENALTIES.
73.8    An individual or other entity that violates section 148E.275, 148E.280, or 148E.285
73.9is guilty of a misdemeanor."
73.10Page 47, after line 16, insert:

73.11    "Sec. 6. Minnesota Statutes 2006, section 245.462, subdivision 18, is amended to read:
73.12    Subd. 18. Mental health professional. "Mental health professional" means a
73.13person providing clinical services in the treatment of mental illness who is qualified in at
73.14least one of the following ways:
73.15    (1) in psychiatric nursing: a registered nurse who is licensed under sections 148.171
73.16to 148.285; and:
73.17    (i) who is certified as a clinical specialist or as a nurse practitioner in adult or family
73.18psychiatric and mental health nursing by a national nurse certification organization; or
73.19    (ii) who has a master's degree in nursing or one of the behavioral sciences or related
73.20fields from an accredited college or university or its equivalent, with at least 4,000 hours
73.21of post-master's supervised experience in the delivery of clinical services in the treatment
73.22of mental illness;
73.23    (2) in clinical social work: a person licensed as an independent clinical social worker
73.24under chapter 148D, or a person with a master's degree in social work from an accredited
73.25college or university, with at least 4,000 hours of post-master's supervised experience in
73.26the delivery of clinical services in the treatment of mental illness;
73.27    (3) in psychology: an individual licensed by the Board of Psychology under sections
73.28148.88 to 148.98 who has stated to the Board of Psychology competencies in the diagnosis
73.29and treatment of mental illness;
73.30    (4) in psychiatry: a physician licensed under chapter 147 and certified by the
73.31American Board of Psychiatry and Neurology or eligible for board certification in
73.32psychiatry;
73.33    (5) in marriage and family therapy: the mental health professional must be a
73.34marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
73.35two years of post-master's supervised experience in the delivery of clinical services in
73.36the treatment of mental illness; or
74.1    (6) in licensed professional clinical counseling, the mental health professional must
74.2be a licensed professional clinical counselor under section 148B.5301; or
74.3    (7) in allied fields: a person with a master's degree from an accredited college or
74.4university in one of the behavioral sciences or related fields, with at least 4,000 hours of
74.5post-master's supervised experience in the delivery of clinical services in the treatment of
74.6mental illness.

74.7    Sec. 7. Minnesota Statutes 2006, section 245.470, subdivision 1, is amended to read:
74.8    Subdivision 1. Availability of outpatient services. (a) County boards must provide
74.9or contract for enough outpatient services within the county to meet the needs of adults
74.10with mental illness residing in the county. Services may be provided directly by the
74.11county through county-operated mental health centers or mental health clinics approved
74.12by the commissioner under section 245.69, subdivision 2; by contract with privately
74.13operated mental health centers or mental health clinics approved by the commissioner
74.14under section 245.69, subdivision 2; by contract with hospital mental health outpatient
74.15programs certified by the Joint Commission on Accreditation of Hospital Organizations;
74.16or by contract with a licensed mental health professional as defined in section 245.462,
74.17subdivision 18 , clauses (1) to (4) (6). Clients may be required to pay a fee according to
74.18section 245.481. Outpatient services include:
74.19    (1) conducting diagnostic assessments;
74.20    (2) conducting psychological testing;
74.21    (3) developing or modifying individual treatment plans;
74.22    (4) making referrals and recommending placements as appropriate;
74.23    (5) treating an adult's mental health needs through therapy;
74.24    (6) prescribing and managing medication and evaluating the effectiveness of
74.25prescribed medication; and
74.26    (7) preventing placement in settings that are more intensive, costly, or restrictive
74.27than necessary and appropriate to meet client needs.
74.28    (b) County boards may request a waiver allowing outpatient services to be provided
74.29in a nearby trade area if it is determined that the client can best be served outside the
74.30county.

74.31    Sec. 8. Minnesota Statutes 2006, section 245.4871, subdivision 27, is amended to read:
74.32    Subd. 27. Mental health professional. "Mental health professional" means a
74.33person providing clinical services in the diagnosis and treatment of children's emotional
74.34disorders. A mental health professional must have training and experience in working with
74.35children consistent with the age group to which the mental health professional is assigned.
74.36A mental health professional must be qualified in at least one of the following ways:
75.1    (1) in psychiatric nursing, the mental health professional must be a registered nurse
75.2who is licensed under sections 148.171 to 148.285 and who is certified as a clinical
75.3specialist in child and adolescent psychiatric or mental health nursing by a national nurse
75.4certification organization or who has a master's degree in nursing or one of the behavioral
75.5sciences or related fields from an accredited college or university or its equivalent, with
75.6at least 4,000 hours of post-master's supervised experience in the delivery of clinical
75.7services in the treatment of mental illness;
75.8    (2) in clinical social work, the mental health professional must be a person licensed
75.9as an independent clinical social worker under chapter 148D, or a person with a master's
75.10degree in social work from an accredited college or university, with at least 4,000 hours of
75.11post-master's supervised experience in the delivery of clinical services in the treatment
75.12of mental disorders;
75.13    (3) in psychology, the mental health professional must be an individual licensed by
75.14the board of psychology under sections 148.88 to 148.98 who has stated to the board of
75.15psychology competencies in the diagnosis and treatment of mental disorders;
75.16    (4) in psychiatry, the mental health professional must be a physician licensed under
75.17chapter 147 and certified by the American board of psychiatry and neurology or eligible
75.18for board certification in psychiatry;
75.19    (5) in marriage and family therapy, the mental health professional must be a
75.20marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
75.21two years of post-master's supervised experience in the delivery of clinical services in the
75.22treatment of mental disorders or emotional disturbances; or
75.23    (6) in licensed professional clinical counseling, the mental health professional must
75.24be a licensed professional clinical counselor under section 148B.5301; or
75.25    (7) in allied fields, the mental health professional must be a person with a master's
75.26degree from an accredited college or university in one of the behavioral sciences or related
75.27fields, with at least 4,000 hours of post-master's supervised experience in the delivery of
75.28clinical services in the treatment of emotional disturbances.

75.29    Sec. 9. Minnesota Statutes 2006, section 245.488, subdivision 1, is amended to read:
75.30    Subdivision 1. Availability of outpatient services. (a) County boards must provide
75.31or contract for enough outpatient services within the county to meet the needs of each
75.32child with emotional disturbance residing in the county and the child's family. Services
75.33may be provided directly by the county through county-operated mental health centers or
75.34mental health clinics approved by the commissioner under section 245.69, subdivision 2;
75.35by contract with privately operated mental health centers or mental health clinics approved
75.36by the commissioner under section 245.69, subdivision 2; by contract with hospital
76.1mental health outpatient programs certified by the Joint Commission on Accreditation
76.2of Hospital Organizations; or by contract with a licensed mental health professional as
76.3defined in section 245.4871, subdivision 27, clauses (1) to (4) (6). A child or a child's
76.4parent may be required to pay a fee based in accordance with section 245.481. Outpatient
76.5services include:
76.6    (1) conducting diagnostic assessments;
76.7    (2) conducting psychological testing;
76.8    (3) developing or modifying individual treatment plans;
76.9    (4) making referrals and recommending placements as appropriate;
76.10    (5) treating the child's mental health needs through therapy; and
76.11    (6) prescribing and managing medication and evaluating the effectiveness of
76.12prescribed medication.
76.13    (b) County boards may request a waiver allowing outpatient services to be provided
76.14in a nearby trade area if it is determined that the child requires necessary and appropriate
76.15services that are only available outside the county.
76.16    (c) Outpatient services offered by the county board to prevent placement must be at
76.17the level of treatment appropriate to the child's diagnostic assessment.

76.18    Sec. 10. Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to
76.19read:
76.20    Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health
76.21services must be provided by qualified individual provider staff of a certified provider
76.22entity. Individual provider staff must be qualified under one of the following criteria:
76.23    (1) a mental health professional as defined in section 245.462, subdivision 18,
76.24clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed mental
76.25health professional as defined in section 245.462, subdivision 18, clauses (1) to (5) (6),
76.26recommending receipt of adult mental health rehabilitative services, the definition of
76.27mental health professional for purposes of this section includes a person who is qualified
76.28under section 245.462, subdivision 18, clause (6) (7), and who holds a current and valid
76.29national certification as a certified rehabilitation counselor or certified psychosocial
76.30rehabilitation practitioner;
76.31    (2) a mental health practitioner as defined in section 245.462, subdivision 17. The
76.32mental health practitioner must work under the clinical supervision of a mental health
76.33professional; or
76.34    (3) a mental health rehabilitation worker. A mental health rehabilitation worker
76.35means a staff person working under the direction of a mental health practitioner or mental
76.36health professional and under the clinical supervision of a mental health professional in
77.1the implementation of rehabilitative mental health services as identified in the recipient's
77.2individual treatment plan who:
77.3    (i) is at least 21 years of age;
77.4    (ii) has a high school diploma or equivalent;
77.5    (iii) has successfully completed 30 hours of training during the past two years in all
77.6of the following areas: recipient rights, recipient-centered individual treatment planning,
77.7behavioral terminology, mental illness, co-occurring mental illness and substance abuse,
77.8psychotropic medications and side effects, functional assessment, local community
77.9resources, adult vulnerability, recipient confidentiality; and
77.10    (iv) meets the qualifications in subitem (A) or (B):
77.11    (A) has an associate of arts degree in one of the behavioral sciences or human
77.12services, or is a registered nurse without a bachelor's degree, or who within the previous
77.13ten years has:
77.14    (1) three years of personal life experience with serious and persistent mental illness;
77.15    (2) three years of life experience as a primary caregiver to an adult with a serious
77.16mental illness or traumatic brain injury; or
77.17    (3) 4,000 hours of supervised paid work experience in the delivery of mental health
77.18services to adults with a serious mental illness or traumatic brain injury; or
77.19    (B)(1) is fluent in the non-English language or competent in the culture of the
77.20ethnic group to which at least 20 percent of the mental health rehabilitation worker's
77.21clients belong;
77.22    (2) receives during the first 2,000 hours of work, monthly documented individual
77.23clinical supervision by a mental health professional;
77.24    (3) has 18 hours of documented field supervision by a mental health professional
77.25or practitioner during the first 160 hours of contact work with recipients, and at least six
77.26hours of field supervision quarterly during the following year;
77.27    (4) has review and cosignature of charting of recipient contacts during field
77.28supervision by a mental health professional or practitioner; and
77.29    (5) has 40 hours of additional continuing education on mental health topics during
77.30the first year of employment.

77.31    Sec. 11. Minnesota Statutes 2006, section 256B.0624, subdivision 5, is amended to
77.32read:
77.33    Subd. 5. Mobile crisis intervention staff qualifications. For provision of adult
77.34mental health mobile crisis intervention services, a mobile crisis intervention team is
77.35comprised of at least two mental health professionals as defined in section 245.462,
77.36subdivision 18 , clauses (1) to (5) (6), or a combination of at least one mental health
78.1professional and one mental health practitioner as defined in section 245.462, subdivision
78.217 , with the required mental health crisis training and under the clinical supervision of
78.3a mental health professional on the team. The team must have at least two people with
78.4at least one member providing on-site crisis intervention services when needed. Team
78.5members must be experienced in mental health assessment, crisis intervention techniques,
78.6and clinical decision-making under emergency conditions and have knowledge of local
78.7services and resources. The team must recommend and coordinate the team's services
78.8with appropriate local resources such as the county social services agency, mental health
78.9services, and local law enforcement when necessary.

78.10    Sec. 12. Minnesota Statutes 2006, section 256B.0624, subdivision 8, is amended to
78.11read:
78.12    Subd. 8. Adult crisis stabilization staff qualifications. (a) Adult mental health
78.13crisis stabilization services must be provided by qualified individual staff of a qualified
78.14provider entity. Individual provider staff must have the following qualifications:
78.15    (1) be a mental health professional as defined in section 245.462, subdivision 18,
78.16clauses (1) to (5) (6);
78.17    (2) be a mental health practitioner as defined in section 245.462, subdivision 17.
78.18The mental health practitioner must work under the clinical supervision of a mental health
78.19professional; or
78.20    (3) be a mental health rehabilitation worker who meets the criteria in section
78.21256B.0623, subdivision 5 , clause (3); works under the direction of a mental health
78.22practitioner as defined in section 245.462, subdivision 17, or under direction of a
78.23mental health professional; and works under the clinical supervision of a mental health
78.24professional.
78.25    (b) Mental health practitioners and mental health rehabilitation workers must have
78.26completed at least 30 hours of training in crisis intervention and stabilization during
78.27the past two years.

78.28    Sec. 13. Minnesota Statutes 2006, section 256B.0943, subdivision 1, is amended to
78.29read:
78.30    Subdivision 1. Definitions. For purposes of this section, the following terms have
78.31the meanings given them.
78.32    (a) "Children's therapeutic services and supports" means the flexible package of
78.33mental health services for children who require varying therapeutic and rehabilitative
78.34levels of intervention. The services are time-limited interventions that are delivered using
78.35various treatment modalities and combinations of services designed to reach treatment
78.36outcomes identified in the individual treatment plan.
79.1    (b) "Clinical supervision" means the overall responsibility of the mental health
79.2professional for the control and direction of individualized treatment planning, service
79.3delivery, and treatment review for each client. A mental health professional who is an
79.4enrolled Minnesota health care program provider accepts full professional responsibility
79.5for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work,
79.6and oversees or directs the supervisee's work.
79.7    (c) "County board" means the county board of commissioners or board established
79.8under sections 402.01 to 402.10 or 471.59.
79.9    (d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a.
79.10    (e) "Culturally competent provider" means a provider who understands and can
79.11utilize to a client's benefit the client's culture when providing services to the client. A
79.12provider may be culturally competent because the provider is of the same cultural or
79.13ethnic group as the client or the provider has developed the knowledge and skills through
79.14training and experience to provide services to culturally diverse clients.
79.15    (f) "Day treatment program" for children means a site-based structured program
79.16consisting of group psychotherapy for more than three individuals and other intensive
79.17therapeutic services provided by a multidisciplinary team, under the clinical supervision
79.18of a mental health professional.
79.19    (g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision
79.2011 .
79.21    (h) "Direct service time" means the time that a mental health professional, mental
79.22health practitioner, or mental health behavioral aide spends face-to-face with a client
79.23and the client's family. Direct service time includes time in which the provider obtains
79.24a client's history or provides service components of children's therapeutic services and
79.25supports. Direct service time does not include time doing work before and after providing
79.26direct services, including scheduling, maintaining clinical records, consulting with others
79.27about the client's mental health status, preparing reports, receiving clinical supervision
79.28directly related to the client's psychotherapy session, and revising the client's individual
79.29treatment plan.
79.30    (i) "Direction of mental health behavioral aide" means the activities of a mental
79.31health professional or mental health practitioner in guiding the mental health behavioral
79.32aide in providing services to a client. The direction of a mental health behavioral aide
79.33must be based on the client's individualized treatment plan and meet the requirements in
79.34subdivision 6, paragraph (b), clause (5).
80.1    (j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision
80.215 . For persons at least age 18 but under age 21, mental illness has the meaning given in
80.3section 245.462, subdivision 20, paragraph (a).
80.4    (k) "Individual behavioral plan" means a plan of intervention, treatment, and
80.5services for a child written by a mental health professional or mental health practitioner,
80.6under the clinical supervision of a mental health professional, to guide the work of the
80.7mental health behavioral aide.
80.8    (l) "Individual treatment plan" has the meaning given in section 245.4871,
80.9subdivision 21 .
80.10    (m) "Mental health professional" means an individual as defined in section 245.4871,
80.11subdivision 27 , clauses (1) to (5) (6), or tribal vendor as defined in section 256B.02,
80.12subdivision 7 , paragraph (b).
80.13    (n) "Preschool program" means a day program licensed under Minnesota Rules,
80.14parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and
80.15supports provider to provide a structured treatment program to a child who is at least 33
80.16months old but who has not yet attended the first day of kindergarten.
80.17    (o) "Skills training" means individual, family, or group training designed to improve
80.18the basic functioning of the child with emotional disturbance and the child's family in the
80.19activities of daily living and community living, and to improve the social functioning of the
80.20child and the child's family in areas important to the child's maintaining or reestablishing
80.21residency in the community. Individual, family, and group skills training must:
80.22    (1) consist of activities designed to promote skill development of the child and the
80.23child's family in the use of age-appropriate daily living skills, interpersonal and family
80.24relationships, and leisure and recreational services;
80.25    (2) consist of activities that will assist the family's understanding of normal child
80.26development and to use parenting skills that will help the child with emotional disturbance
80.27achieve the goals outlined in the child's individual treatment plan; and
80.28    (3) promote family preservation and unification, promote the family's integration
80.29with the community, and reduce the use of unnecessary out-of-home placement or
80.30institutionalization of children with emotional disturbance.

80.31    Sec. 14. Minnesota Statutes 2006, section 256J.08, subdivision 73a, is amended to read:
80.32    Subd. 73a. Qualified professional. (a) For physical illness, injury, or incapacity,
80.33a "qualified professional" means a licensed physician, a physician's assistant, a nurse
80.34practitioner, or a licensed chiropractor.
80.35    (b) For developmental disability and intelligence testing, a "qualified professional"
80.36means an individual qualified by training and experience to administer the tests necessary
81.1to make determinations, such as tests of intellectual functioning, assessments of adaptive
81.2behavior, adaptive skills, and developmental functioning. These professionals include
81.3licensed psychologists, certified school psychologists, or certified psychometrists working
81.4under the supervision of a licensed psychologist.
81.5    (c) For learning disabilities, a "qualified professional" means a licensed psychologist
81.6or school psychologist with experience determining learning disabilities.
81.7    (d) For mental health, a "qualified professional" means a licensed physician or a
81.8qualified mental health professional. A "qualified mental health professional" means:
81.9    (1) for children, in psychiatric nursing, a registered nurse who is licensed under
81.10sections 148.171 to 148.285, and who is certified as a clinical specialist in child
81.11and adolescent psychiatric or mental health nursing by a national nurse certification
81.12organization or who has a master's degree in nursing or one of the behavioral sciences
81.13or related fields from an accredited college or university or its equivalent, with at least
81.144,000 hours of post-master's supervised experience in the delivery of clinical services in
81.15the treatment of mental illness;
81.16    (2) for adults, in psychiatric nursing, a registered nurse who is licensed under
81.17sections 148.171 to 148.285, and who is certified as a clinical specialist in adult psychiatric
81.18and mental health nursing by a national nurse certification organization or who has a
81.19master's degree in nursing or one of the behavioral sciences or related fields from an
81.20accredited college or university or its equivalent, with at least 4,000 hours of post-master's
81.21supervised experience in the delivery of clinical services in the treatment of mental illness;
81.22    (3) in clinical social work, a person licensed as an independent clinical social worker
81.23under chapter 148D, or a person with a master's degree in social work from an accredited
81.24college or university, with at least 4,000 hours of post-master's supervised experience in
81.25the delivery of clinical services in the treatment of mental illness;
81.26    (4) in psychology, an individual licensed by the Board of Psychology under sections
81.27148.88 to 148.98, who has stated to the Board of Psychology competencies in the
81.28diagnosis and treatment of mental illness;
81.29    (5) in psychiatry, a physician licensed under chapter 147 and certified by the
81.30American Board of Psychiatry and Neurology or eligible for board certification in
81.31psychiatry; and
81.32    (6) in marriage and family therapy, the mental health professional must be a
81.33marriage and family therapist licensed under sections 148B.29 to 148B.39, with at least
81.34two years of post-master's supervised experience in the delivery of clinical services in the
81.35treatment of mental illness; and
82.1    (7) in licensed professional clinical counseling, the mental health professional must
82.2be a licensed professional clinical counselor under section 148B.5301."
82.3Page 47, after line 29, insert:

82.4    "Sec. 71. REPEALER.
82.5Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020;
82.6148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060;
82.7148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100;
82.8148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140;
82.9148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180;
82.10148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220;
82.11148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260;
82.12148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, are repealed
82.13effective August 1, 2011.

82.14    Sec. 72. EFFECTIVE DATE.
82.15    This act is effective August 1, 2011."
82.16Renumber the sections in sequence and correct the internal references
82.17Amend the title accordingly