1.1    .................... moves to amend S. F. No. 26, the delete everything amendment
1.2(S0026DE1), as follows:
1.3Page 43, after line 32, insert:


1.6    Section 1. [148E.001] CITATION.
1.7    This chapter may be cited as the "Minnesota Board of Social Work Practice Act."

1.8    Sec. 2. [148E.010] DEFINITIONS.
1.9    Subdivision 1. Scope. For the purpose of this chapter, the terms in this section
1.10have the meanings given.
1.11    Subd. 2. Applicant. "Applicant" means a person who submits an application to
1.12the board for a new license, a license renewal, a change in license, an inactive license,
1.13reactivation of a license, or a voluntary termination.
1.14    Subd. 3. Application. "Application" means an application to the board for a new
1.15license, a license renewal, a change in license, an inactive license, reactivation of a
1.16license, or voluntary termination.
1.17    Subd. 4. Board. "Board" means the Board of Social Work created under section
1.18148E.025.
1.19    Subd. 5. Client. "Client" means an individual, couple, family, group, community, or
1.20organization that receives or has received social work services as described in subdivision
1.219.
1.22    Subd. 6. Clinical practice. "Clinical practice" means applying professional
1.23social work knowledge, skills, and values in the differential diagnosis and treatment of
1.24psychosocial function, disability, or impairment, including addictions and emotional,
1.25mental, and behavioral disorders. Treatment includes a plan based on a differential
1.26diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to
2.1individuals, couples, families, and groups across the life span. Clinical social workers
2.2may also provide the services described in subdivision 9.
2.3    Subd. 7. Clinical supervision. "Clinical supervision" means supervision as defined
2.4in subdivision 16 of a social worker engaged in clinical practice as defined in subdivision 6.
2.5    Subd. 8. Graduate degree. "Graduate degree" means a master's degree in social
2.6work from a program accredited by the Council on Social Work Education, the Canadian
2.7Association of Schools of Social Work, or a similar accreditation body designated by the
2.8board; or a doctorate in social work from an accredited university.
2.9    Subd. 9. Intern. "Intern" means a student in field placement working under the
2.10supervision or direction of a social worker.
2.11    Subd. 10. Person-in-environment perspective. "Person-in-environment
2.12perspective" means viewing human behavior, development, and function in the context
2.13of one or more of the following: the environment, social functioning, mental health,
2.14and physical health.
2.15    Subd. 11. Practice of social work. "Practice of social work" means working
2.16to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
2.17functioning of clients, in a manner that applies accepted professional social work
2.18knowledge, skills, and values, including the person-in-environment perspective, by
2.19providing in person or through telephone, video conferencing, or electronic means one or
2.20more of the social work services described in clauses (1) to (3). Social work services may
2.21address conditions that impair or limit behavioral, cognitive, emotional, mental, or social
2.22functioning. Such conditions include, but are not limited to, the following: abuse and
2.23neglect of children or vulnerable adults, addictions, developmental disorders, disabilities,
2.24discrimination, illness, injuries, poverty, and trauma. Social work services include:
2.25    (1) providing assessment and intervention through direct contact with clients,
2.26developing a plan based on information from an assessment, and providing services which
2.27include, but are not limited to, assessment, case management, client-centered advocacy,
2.28client education, consultation, counseling, crisis intervention, and referral;
2.29    (2) providing for the direct or indirect benefit of clients through administrative,
2.30educational, policy, or research services including, but not limited to:
2.31    (i) advocating for policies, programs, or services to improve the well-being of clients;
2.32    (ii) conducting research related to social work services;
2.33    (iii) developing and administering programs which provide social work services;
2.34    (iv) engaging in community organization to address social problems through
2.35planned collective action;
3.1    (v) supervising individuals who provide social work services to clients;
3.2    (vi) supervising social workers in order to comply with the supervised practice
3.3requirements specified in sections 148E.100 to 148E.125; and
3.4    (vii) teaching professional social work knowledge, skills, and values to students; and
3.5    (3) engaging in clinical practice.
3.6    Subd. 12. Professional name. "Professional name" means the name a licensed
3.7social worker uses in making representations of the social worker's professional status
3.8to the public and which has been designated to the board in writing according to section
3.9148E.090.
3.10    Subd. 13. Professional social work knowledge, skills, and values. "Professional
3.11social work knowledge, skills, and values" means the knowledge, skills, and values
3.12taught in programs accredited by the Council on Social Work Education, the Canadian
3.13Association of Schools of Social Work, or a similar accreditation body designated by
3.14the board; or a doctorate in social work from an accredited university. Professional
3.15social work knowledge, skills, and values include, but are not limited to, principles of
3.16person-in-environment and the values, principles, and standards described in the Code
3.17of Ethics of the National Association of Social Workers.
3.18    Subd. 14. Sexual conduct. "Sexual conduct" means any physical contact or
3.19conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or
3.20other communication that suggests engaging in physical contact or conduct that may be
3.21reasonably interpreted as sexual.
3.22    Subd. 15. Social worker. "Social worker" means an individual who:
3.23    (1) is licensed as a social worker; or
3.24    (2) has obtained a social work degree from a program accredited by the Council on
3.25Social Work Education, the Canadian Association of Schools of Social Work, or a similar
3.26accreditation body designated by the board and engages in the practice of social work.
3.27    Subd. 16. Student. "Student" means an individual who is taught professional
3.28social work knowledge, skills, and values in a program that has been accredited by the
3.29Council on Social Work Education, the Canadian Association of Schools of Social Work,
3.30or a similar accreditation body designated by the board.
3.31    Subd. 17. Supervisee. "Supervisee" means an individual provided evaluation and
3.32supervision or direction by a social worker.
3.33    Subd. 18. Supervision. "Supervision" means a professional relationship between a
3.34supervisor and a social worker in which the supervisor provides evaluation and direction
4.1of the services provided by the social worker to promote competent and ethical services
4.2to clients through the continuing development of the social worker's knowledge and
4.3application of accepted professional social work knowledge, skills, and values.

4.4    Sec. 3. [148E.015] SCOPE.
4.5    This chapter applies to all applicants and licensees, all persons who use the title social
4.6worker, and all persons in or out of this state who provide social work services to clients
4.7who reside in this state unless there are specific applicable exemptions provided by law.

4.8    Sec. 4. [148E.020] CHAPTER 214.
4.9    Chapter 214 applies to the Board of Social Work unless superseded by this chapter.

4.10    Sec. 5. [148E.025] BOARD OF SOCIAL WORK.
4.11    Subdivision 1. Creation. The Board of Social Work consists of 15 members
4.12appointed by the governor. The members are:
4.13    (1) ten social workers licensed according to section 148E.055; and
4.14    (2) five public members as defined in section 214.02.
4.15    Subd. 2. Qualifications of board members. (a) All social worker members must
4.16have engaged in the practice of social work in Minnesota for at least one year during
4.17the ten years preceding their appointments.
4.18    (b) Five social worker members must be licensed social workers. The other five
4.19members must be a licensed graduate social worker, a licensed independent social worker,
4.20or a licensed independent clinical social worker.
4.21    (c) Eight social worker members must be engaged at the time of their appointment in
4.22the practice of social work in Minnesota in the following settings:
4.23    (1) one member must be engaged in the practice of social work in a county agency;
4.24    (2) one member must be engaged in the practice of social work in a state agency;
4.25    (3) one member must be engaged in the practice of social work in an elementary,
4.26middle, or secondary school;
4.27    (4) one member must be employed in a hospital or nursing home licensed under
4.28chapter 144 or 144A;
4.29    (5) two members must be engaged in the practice of social work in a private agency;
4.30    (6) one member must be engaged in the practice of social work in a clinical social
4.31work setting; and
4.32    (7) one member must be an educator engaged in regular teaching duties at a
4.33program of social work accredited by the Council on Social Work Education or a similar
4.34accreditation body designated by the board.
5.1    (d) At the time of their appointments, at least six members must reside outside of the
5.2seven-county metropolitan area.
5.3    (e) At the time of their appointments, at least five members must be persons with
5.4expertise in communities of color.
5.5    Subd. 3. Officers. The board must annually elect from its membership a chair,
5.6vice-chair, and secretary-treasurer.
5.7    Subd. 4. Bylaws. The board must adopt bylaws to govern its proceedings.
5.8    Subd. 5. Executive director. The board must appoint and employ an executive
5.9director who is not a member of the board. The employment of the executive director shall
5.10be subject to the terms described in section 214.04, subdivision 2a.

5.11    Sec. 6. [148E.030] DUTIES OF THE BOARD.
5.12    Subdivision 1. Duties. The board must perform the duties necessary to promote
5.13and protect the public health, safety, and welfare through the licensure and regulation of
5.14persons who practice social work in this state. These duties include, but are not limited to:
5.15    (1) establishing the qualifications and procedures for individuals to be licensed
5.16as social workers;
5.17    (2) establishing standards of practice for social workers;
5.18    (3) holding examinations or contracting with the Association of Social Work Boards
5.19or a similar examination body designated by the board to hold examinations to assess
5.20applicants' qualifications;
5.21    (4) issuing licenses to qualified individuals according to sections 148E.055 and
5.22148E.060;
5.23    (5) taking disciplinary, adversarial, corrective, or other action according to sections
5.24148E.255 to 148E.270 when an individual violates the requirements of this chapter;
5.25    (6) assessing fees according to sections 148E.175 and 148E.180; and
5.26    (7) educating social workers and the public on the requirements of the board.
5.27    Subd. 2. Rules. The board may adopt and enforce rules to carry out the duties
5.28specified in subdivision 1.

5.29    Sec. 7. [148E.035] VARIANCES.
5.30    If the effect of a requirement according to this chapter is unreasonable, impossible to
5.31execute, absurd, or would impose an extreme hardship on a licensee, the board may grant
5.32a variance if the variance is consistent with promoting and protecting the public health,
5.33safety, and welfare. A variance must not be granted for core licensing standards such as
5.34substantive educational and examination requirements.

6.1    Sec. 8. [148E.040] IMMUNITY.
6.2    Board members, board employees, and persons engaged on behalf of the board are
6.3immune from civil liability for any actions, transactions, or publications in the lawful
6.4execution of or relating to their duties under this chapter.

6.5    Sec. 9. [148E.045] CONTESTED CASE HEARING.
6.6    An applicant or a licensee who is the subject of a disciplinary or adversarial action
6.7by the board according to this chapter may request a contested case hearing under sections
6.814.57 to 14.62. An applicant or a licensee who desires to request a contested case hearing
6.9must submit a written request to the board within 90 days after the date on which the board
6.10mailed the notification of the adverse action, except as otherwise provided in this chapter.

6.11    Sec. 10. [148E.050] LICENSING; SCOPE OR PRACTICE.
6.12    Subdivision 1. Requirements. The practice of social work must comply with the
6.13requirements of subdivision 2, 3, 4, or 5.
6.14    Subd. 2. Licensed social worker. A licensed social worker may engage in social
6.15work practice except that a licensed social worker must not engage in clinical practice.
6.16    Subd. 3. Licensed graduate social worker. A licensed graduate social worker may
6.17engage in social work practice except that a licensed graduate social worker must not
6.18engage in clinical practice except under the supervision of a licensed independent clinical
6.19social worker or an alternate supervisor according to section 148E.120.
6.20    Subd. 4. Licensed independent social worker. A licensed independent social
6.21worker may engage in social work practice except that a licensed independent social
6.22worker must not engage in clinical practice except under the supervision of a licensed
6.23independent clinical social worker or an alternate supervisor according to section
6.24148E.120.
6.25    Subd. 5. Licensed independent clinical social worker. A licensed independent
6.26clinical social worker may engage in social work practice, including clinical practice.

6.27    Sec. 11. [148E.055] LICENSE REQUIREMENTS.
6.28    Subdivision 1. License required. (a) In order to practice social work, an individual
6.29must have a social work license under this section or section 148E.060, except when the
6.30individual is exempt from licensure according to section 148E.065.
6.31    (b) Individuals who teach professional social work knowledge, skills, and values to
6.32students and who have a social work degree from a program accredited by the Council
6.33on Social Work Education, the Canadian Association of Schools of Social Work, or a
6.34similar accreditation body designated by the board must have a social work license under
7.1this section or section 148E.060, except when the individual is exempt from licensure
7.2according to section 148E.065.
7.3    Subd. 2. Qualifications for licensure by examination as a licensed social worker.
7.4    (a) Except as provided in paragraph (i), to be licensed as a licensed social worker, an
7.5applicant for licensure by examination must provide evidence satisfactory to the board
7.6that the applicant:
7.7    (1) has received a baccalaureate degree in social work from a program accredited by
7.8the Council on Social Work Education, the Canadian Association of Schools of Social
7.9Work, or a similar accreditation body designated by the board, or a doctorate in social
7.10work from an accredited university;
7.11    (2) has passed the bachelors or equivalent examination administered by the
7.12Association of Social Work Boards or a similar examination body designated by the board.
7.13Unless an applicant applies for licensure by endorsement according to subdivision 7, an
7.14examination is not valid if it was taken and passed eight or more years prior to submitting
7.15a completed, signed application form provided by the board. The examination may be
7.16taken prior to completing degree requirements;
7.17    (3) has submitted a completed, signed application form provided by the board,
7.18including the applicable application fee specified in section 148E.180. For applications
7.19submitted electronically, a "signed application" means providing an attestation as specified
7.20by the board;
7.21    (4) has submitted the criminal background check fee and a form provided by the
7.22board authorizing a criminal background check according to subdivision 8;
7.23    (5) has paid the applicable license fee specified in section 148E.180; and
7.24    (6) has not engaged in conduct that was or would be in violation of the standards
7.25of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
7.26conduct that was or would be in violation of the standards of practice, the board may take
7.27action according to sections 148E.255 to 148E.270.
7.28    (b) An application that is not completed and signed, or that is not accompanied by the
7.29correct fee, must be returned to the applicant, along with any fee submitted, and is void.
7.30    (c) A licensee granted a license by the board according to paragraph (a) must meet
7.31the supervised practice requirements specified in sections 148E.100 to 148E.125. If a
7.32licensee does not meet the supervised practice requirements, the board may take action
7.33according to sections 148E.255 to 148E.270.
7.34    (d) By submitting an application for licensure, an applicant authorizes the board to
7.35investigate any information provided or requested in the application. The board may
7.36request that the applicant provide additional information, verification, or documentation.
8.1    (e) Within one year of the time the board receives an application for licensure, the
8.2applicant must meet all the requirements specified in paragraph (a) and must provide all of
8.3the information requested by the board according to paragraph (d). If within one year the
8.4applicant does not meet all the requirements, or does not provide all of the information
8.5requested, the applicant is considered ineligible and the application for licensure must
8.6be closed.
8.7    (f) Except as provided in paragraph (g), an applicant may not take more than three
8.8times the bachelors or equivalent examination administered by the Association of Social
8.9Work Boards, or a similar examination body designated by the board. An applicant must
8.10receive a passing score on the bachelors or equivalent examination administered by the
8.11Association of Social Work Boards or a similar examination body designated by the board
8.12in no more than 18 months after the date the applicant first failed the examination.
8.13    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
8.14fourth or subsequent time, the bachelors or equivalent examination administered by the
8.15Association of Social Work Boards or a similar examination body designated by the
8.16board if the applicant:
8.17    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
8.18bachelors or equivalent examination administered by the Association of Social Work
8.19Boards or a similar examination body designated by the board;
8.20    (2) provides to the board a description of the efforts the applicant has made to
8.21improve the applicant's score and demonstrates to the board's satisfaction that the efforts
8.22are likely to improve the score; and
8.23    (3) provides to the board letters of recommendation from two licensed social
8.24workers attesting to the applicant's ability to practice social work competently and
8.25ethically according to professional social work knowledge, skills, and values.
8.26    (h) An individual must not practice social work until the individual passes the
8.27examination and receives a social work license under this section or section 148E.060. If
8.28the board has reason to believe that an applicant may be practicing social work without a
8.29license, and the applicant has failed the bachelors or equivalent examination administered
8.30by the Association of Social Work Boards or a similar examination body designated by
8.31the board, the board may notify the applicant's employer that the applicant is not licensed
8.32as a social worker.
8.33    Subd. 3. Qualifications for licensure by examination as licensed graduate
8.34social worker. (a) Except as provided in paragraph (i), to be licensed as a licensed
8.35graduate social worker, an applicant for licensure by examination must provide evidence
8.36satisfactory to the board that the applicant:
9.1    (1) has received a graduate degree in social work from a program accredited by
9.2the Council on Social Work Education, the Canadian Association of Schools of Social
9.3Work, or a similar accreditation body designated by the board, or a doctorate in social
9.4work from an accredited university;
9.5    (2) has passed the masters or equivalent examination administered by the Association
9.6of Social Work Boards or a similar examination body designated by the board. Unless an
9.7applicant applies for licensure by endorsement according to section 148E.055, subdivision
9.87 , an examination is not valid if it was taken and passed eight or more years prior to
9.9submitting a completed, signed application form provided by the board. The examination
9.10may be taken prior to completing degree requirements;
9.11    (3) has submitted a completed, signed application form provided by the board,
9.12including the applicable application fee specified in section 148E.180. For applications
9.13submitted electronically, a "signed application" means providing an attestation as specified
9.14by the board;
9.15    (4) has submitted the criminal background check fee and a form provided by the
9.16board authorizing a criminal background check according to subdivision 8;
9.17    (5) has paid the applicable license fee specified in section 148E.180; and
9.18    (6) has not engaged in conduct that was or would be in violation of the standards
9.19of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
9.20conduct that was or would be in violation of the standards of practice, the board may take
9.21action according to sections 148E.255 to 148E.270.
9.22    (b) An application which is not completed and signed, or which is not accompanied
9.23by the correct fee, must be returned to the applicant, along with any fee submitted, and is
9.24void.
9.25    (c) A licensee granted a license by the board according to paragraph (a) must meet
9.26the supervised practice requirements specified in sections 148E.100 to 148E.125. If a
9.27licensee does not meet the supervised practice requirements, the board may take action
9.28according to sections 148E.255 to 148E.270.
9.29    (d) By submitting an application for licensure, an applicant authorizes the board to
9.30investigate any information provided or requested in the application. The board may
9.31request that the applicant provide additional information, verification, or documentation.
9.32    (e) Within one year of the time the board receives an application for licensure, the
9.33applicant must meet all the requirements specified in paragraph (a) and must provide all of
9.34the information requested by the board according to paragraph (d). If within one year the
9.35applicant does not meet all the requirements, or does not provide all of the information
10.1requested, the applicant is considered ineligible and the application for licensure must
10.2be closed.
10.3    (f) Except as provided in paragraph (g), an applicant may not take more than three
10.4times the masters or equivalent examination administered by the Association of Social
10.5Work Boards or a similar examination body designated by the board. An applicant must
10.6receive a passing score on the masters or equivalent examination administered by the
10.7Association of Social Work Boards or a similar examination body designated by the board
10.8in no more than 18 months after the date the applicant first failed the examination.
10.9    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
10.10fourth or subsequent time, the masters or equivalent examination administered by the
10.11Association of Social Work Boards or a similar examination body designated by the
10.12board if the applicant:
10.13    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
10.14masters or equivalent examination administered by the Association of Social Work boards
10.15or a similar examination body designated by the board;
10.16    (2) provides to the board a description of the efforts the applicant has made to
10.17improve the applicant's score and demonstrates to the board's satisfaction that the efforts
10.18are likely to improve the score; and
10.19    (3) provides to the board letters of recommendation from two licensed social
10.20workers attesting to the applicant's ability to practice social work competently and
10.21ethically according to professional social work knowledge, skills, and values.
10.22    (h) An individual must not practice social work until the individual passes the
10.23examination and receives a social work license under this section or section 148E.060. If
10.24the board has reason to believe that an applicant may be practicing social work without a
10.25license, and the applicant has failed the masters or equivalent examination administered
10.26by the Association of Social Work Boards or a similar examination body designated by
10.27the board, the board may notify the applicant's employer that the applicant is not licensed
10.28as a social worker.
10.29    Subd. 4. Licensure by examination; licensed independent social worker.
10.30    (a) Except as provided in paragraph (i), to be licensed as a licensed independent social
10.31worker, an applicant for licensure by examination must provide evidence satisfactory
10.32to the board that the applicant:
10.33    (1) has received a graduate degree in social work from a program accredited by
10.34the Council on Social Work Education, the Canadian Association of Schools of Social
10.35Work, or a similar accreditation body designated by the board, or a doctorate in social
10.36work from an accredited university;
11.1    (2) has practiced social work as defined in section 148E.010, and has met the
11.2supervised practice requirements specified in sections 148E.100 to 148E.125;
11.3    (3) has passed the advanced generalist or equivalent examination administered by
11.4the Association of Social Work Boards or a similar examination body designated by the
11.5board. Unless an applicant applies for licensure by endorsement according to subdivision
11.67, an examination is not valid if it was taken and passed eight or more years prior to
11.7submitting a completed, signed application form provided by the board;
11.8    (4) has submitted a completed, signed application form provided by the board,
11.9including the applicable application fee specified in section 148E.180. For applications
11.10submitted electronically, a "signed application" means providing an attestation as specified
11.11by the board;
11.12    (5) has submitted the criminal background check fee and a form provided by the
11.13board authorizing a criminal background check according to subdivision 8;
11.14    (6) has paid the applicable license fee specified in section 148E.180; and
11.15    (7) has not engaged in conduct that was or would be in violation of the standards
11.16of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
11.17conduct that was or would be in violation of the standards of practice, the board may take
11.18action according to sections 148E.255 to 148E.270.
11.19    (b) An application which is not completed and signed, or which is not accompanied
11.20by the correct fee, must be returned to the applicant, along with any fee submitted, and is
11.21void.
11.22    (c) A licensed independent social worker who practices clinical social work must
11.23meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If
11.24a licensee does not meet the supervised practice requirements, the board may take action
11.25according to sections 148E.255 to 148E.270.
11.26    (d) By submitting an application for licensure, an applicant authorizes the board to
11.27investigate any information provided or requested in the application. The board may
11.28request that the applicant provide additional information, verification, or documentation.
11.29    (e) Within one year of the time the board receives an application for licensure, the
11.30applicant must meet all the requirements specified in paragraph (a) and must provide all of
11.31the information requested by the board according to paragraph (d). If within one year the
11.32applicant does not meet all the requirements, or does not provide all of the information
11.33requested, the applicant is considered ineligible and the application for licensure must
11.34be closed.
11.35    (f) Except as provided in paragraph (g), an applicant may not take more than
11.36three times the advanced generalist or equivalent examination administered by the
12.1Association of Social Work Boards or a similar examination body designated by the
12.2board. An applicant must receive a passing score on the masters or equivalent examination
12.3administered by the Association of Social Work Boards or a similar examination body
12.4designated by the board in no more than 18 months after the first time the applicant failed
12.5the examination.
12.6    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
12.7fourth or subsequent time, the advanced generalist or equivalent examination administered
12.8by the Association of Social Work Boards or a similar examination body designated by
12.9the board if the applicant:
12.10    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
12.11advanced generalist or equivalent examination administered by the Association of Social
12.12Work Boards or a similar examination body designated by the board;
12.13    (2) provides to the board a description of the efforts the applicant has made to
12.14improve the applicant's score and demonstrates to the board's satisfaction that the efforts
12.15are likely to improve the score; and
12.16    (3) provides to the board letters of recommendation from two licensed social
12.17workers attesting to the applicant's ability to practice social work competently and
12.18ethically according to professional social work knowledge, skills, and values.
12.19    (h) An individual must not practice social work until the individual passes the
12.20examination and receives a social work license under this section or section 148E.060. If
12.21the board has reason to believe that an applicant may be practicing social work without a
12.22license, except as provided in section 148E.065, and the applicant has failed the advanced
12.23generalist or equivalent examination administered by the Association of Social Work
12.24Boards or a similar examination body designated by the board, the board may notify the
12.25applicant's employer that the applicant is not licensed as a social worker.
12.26    Subd. 5. Licensure by examination; licensed independent clinical social
12.27worker. (a) Except as provided in paragraph (h), to be licensed as a licensed independent
12.28clinical social worker, an applicant for licensure by examination must provide evidence
12.29satisfactory to the board that the applicant:
12.30    (1) has received a graduate degree in social work from a program accredited by
12.31the Council on Social Work Education, the Canadian Association of Schools of Social
12.32Work, or a similar accreditation body designated by the board, or a doctorate in social
12.33work from an accredited university;
12.34    (2) has completed 360 clock hours (one semester credit hour = 15 clock hours)
12.35hours in the following clinical knowledge areas, including cultural context, diversity,
12.36and social policy:
13.1    (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial
13.2assessment including normative development and psychopathology across the life span;
13.3    (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with
13.4measurable goals;
13.5    (iii) 108 clock hours (30 percent) in clinical intervention methods informed by
13.6research and current standards of practice;
13.7    (iv) 36 clock hours (ten percent) in evaluation methodologies; and
13.8    (v) 72 clock hours (20 percent) in social work values and ethics.
13.9This requirement may be satisfied through (A) a graduate degree program accredited
13.10by the Council on Social Work Education, the Canadian Association of Schools of
13.11Social Work, or a similar accreditation body designated by the board; or a doctorate in
13.12social work from an accredited university; (B) postgraduate coursework; or (C) up to 90
13.13continuing education hours. The continuing education must have a course description
13.14available for public review and must include a posttest. Compliance with this requirement
13.15must be documented on a form provided by the board. The board may conduct audits
13.16of the information submitted in order to determine compliance with the requirements
13.17of this section.
13.18    (3) has practiced clinical social work as defined in section 148E.010, including both
13.19diagnosis and treatment, and has met the supervised practice requirements specified in
13.20sections 148E.100 to 148E.125;
13.21    (4) has passed the clinical or equivalent examination administered by the Association
13.22of Social Work Boards or a similar examination body designated by the board. Unless an
13.23applicant applies for licensure by endorsement according to subdivision 7, an examination
13.24is not valid if it was taken and passed eight or more years prior to submitting a completed,
13.25signed application form provided by the board;
13.26    (5) has submitted a completed, signed application form provided by the board,
13.27including the applicable application fee specified in section 148E.180. For applications
13.28submitted electronically, a "signed application" means providing an attestation as specified
13.29by the board;
13.30    (6) has submitted the criminal background check fee and a form provided by the
13.31board authorizing a criminal background check according to subdivision 8;
13.32    (7) has paid the license fee specified in section 148E.180; and
13.33    (8) has not engaged in conduct that was or would be in violation of the standards
13.34of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
13.35conduct that was or would be in violation of the standards of practice, the board may take
13.36action according to sections 148E.255 to 148E.270.
14.1    (b) An application which is not completed and signed, or which is not accompanied
14.2by the correct fee, must be returned to the applicant, along with any fee submitted, and is
14.3void.
14.4    (c) By submitting an application for licensure, an applicant authorizes the board to
14.5investigate any information provided or requested in the application. The board may
14.6request that the applicant provide additional information, verification, or documentation.
14.7    (d) Within one year of the time the board receives an application for licensure, the
14.8applicant must meet all the requirements specified in paragraph (a) and must provide all of
14.9the information requested by the board according to paragraph (c). If within one year the
14.10applicant does not meet all the requirements, or does not provide all of the information
14.11requested, the applicant is considered ineligible and the application for licensure must
14.12be closed.
14.13    (e) Except as provided in paragraph (f), an applicant may not take more than three
14.14times the clinical or equivalent examination administered by the Association of Social
14.15Work Boards or a similar examination body designated by the board. An applicant must
14.16receive a passing score on the clinical or equivalent examination administered by the
14.17Association of Social Work Boards or a similar examination body designated by the board
14.18no later than 18 months after the first time the applicant failed the examination.
14.19    (f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a
14.20fourth or subsequent time, the clinical or equivalent examination administered by the
14.21Association of Social Work Boards or a similar examination body designated by the
14.22board if the applicant:
14.23    (1) meets all requirements specified in paragraphs (a) to (d) other than passing the
14.24clinical or equivalent examination administered by the Association of Social Work Boards
14.25or a similar examination body designated by the board;
14.26    (2) provides to the board a description of the efforts the applicant has made to
14.27improve the applicant's score and demonstrates to the board's satisfaction that the efforts
14.28are likely to improve the score; and
14.29    (3) provides to the board letters of recommendation from two licensed social
14.30workers attesting to the applicant's ability to practice social work competently and
14.31ethically according to professional social work knowledge, skills, and values.
14.32    (g) An individual must not practice social work until the individual passes the
14.33examination and receives a social work license under this section or section 148E.060. If
14.34the board has reason to believe that an applicant may be practicing social work without a
14.35license, and the applicant has failed the clinical or equivalent examination administered
14.36by the Association of Social Work Boards or a similar examination body designated by
15.1the board, the board may notify the applicant's employer that the applicant is not licensed
15.2as a social worker.
15.3    Subd. 6. Degrees from outside United States or Canada. If an applicant receives
15.4a degree from a program outside the United States or Canada that is not accredited by
15.5the Council on Social Work Education, the Canadian Association of Schools of Social
15.6Work, or a similar examination body designated by the board, the degree does not fulfill
15.7the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a),
15.8clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council
15.9on Social Work Education or a similar accreditation body designated by the board has
15.10determined through the council's international equivalency determination service that the
15.11degree earned is equivalent to the degree required.
15.12    Subd. 7. Licensure by endorsement. (a) An applicant for licensure by endorsement
15.13must hold a current license or credential to practice social work in another jurisdiction.
15.14    (b) An applicant for licensure by endorsement who meets the qualifications of
15.15paragraph (a) and who demonstrates to the satisfaction of the board that the applicant
15.16passed the examination administered by the Association of Social Work Boards or a
15.17similar examination body designated by the board for the applicable license in Minnesota
15.18is not required to retake the licensing examination.
15.19    (c) An application for licensure by endorsement must meet the applicable license
15.20requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and
15.21submit the licensure by endorsement application fee specified in section 148E.180.
15.22    (d) The following requirements apply:
15.23    (1) An applicant for licensure by endorsement who is applying for licensure as
15.24a licensed social worker must meet the requirements specified in section 148E.055,
15.25subdivision 2.
15.26    (2) An applicant for licensure by endorsement who is applying for licensure as a
15.27licensed graduate social worker must meet the requirements specified in section 148E.055,
15.28subdivision 3.
15.29    (3) An applicant for licensure by endorsement who is applying for licensure as
15.30a licensed independent social worker is not required to demonstrate that the applicant
15.31has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1,
15.32provided that the applicant has engaged in authorized social work practice for a minimum
15.33of 4,000 hours in another jurisdiction.
15.34    (4) An applicant for licensure by endorsement as a licensed independent clinical
15.35social worker (i) is not required to meet the license requirements specified in subdivision
15.365, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant
16.1has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1,
16.2provided that the applicant has engaged in authorized clinical social work practice for a
16.3minimum of 4,000 hours in another jurisdiction.
16.4    Subd. 8. Criminal background checks. (a) Except as provided in paragraph (b), an
16.5initial license application must be accompanied by:
16.6    (1) a form provided by the board authorizing the board to complete a criminal
16.7background check; and
16.8    (2) the criminal background check fee specified by the Bureau of Criminal
16.9Apprehension.
16.10    Criminal background check fees collected by the board must be used to reimburse
16.11the Bureau of Criminal Apprehension for the criminal background checks.
16.12    (b) An applicant who has previously submitted a license application authorizing the
16.13board to complete a criminal background check is exempt from the requirement specified
16.14in paragraph (a).
16.15    (c) If a criminal background check indicates that an applicant has engaged in
16.16criminal behavior, the board may take action according to sections 148E.255 to 148E.270.
16.17    Subd. 9. Effective date. The effective date of an initial license is the day on which
16.18the board receives the applicable license fee from an applicant approved for licensure.
16.19    Subd. 10. Expiration date. The expiration date of an initial license is the last day
16.20of the licensee's birth month in the second calendar year following the effective date of
16.21the initial license.
16.22    Subd. 11. Change in license. (a) A licensee who changes from a licensed social
16.23worker to a licensed graduate social worker, or from a licensed graduate social worker to a
16.24licensed independent social worker, or from a licensed graduate social worker or licensed
16.25independent social worker to a licensed independent clinical social worker, must pay the
16.26prorated share of the fee for the new license.
16.27    (b) The effective date of the new license is the day on which the board receives the
16.28applicable license fee from an applicant approved for the new license.
16.29    (c) The expiration date of the new license is the same date as the expiration date of
16.30the license held by the licensee prior to the change in the license.

16.31    Sec. 12. [148E.060] TEMPORARY LICENSES.
16.32    Subdivision 1. Students and other persons not currently licensed in another
16.33jurisdiction. The board may issue a temporary license to practice social work to an
16.34applicant who is not licensed or credentialed to practice social work in any jurisdiction
16.35but has:
17.1    (1) applied for a license under section 148E.055;
17.2    (2) applied for a temporary license on a form provided by the board;
17.3    (3) submitted a form provided by the board authorizing the board to complete a
17.4criminal background check;
17.5    (4) passed the applicable licensure examination provided for in section 148E.055;
17.6    (5) attested on a form provided by the board that the applicant has completed the
17.7requirements for a baccalaureate or graduate degree in social work from a program
17.8accredited by the Council on Social Work Education, the Canadian Association of Schools
17.9of Social Work, or a similar accreditation body designated by the board, or a doctorate in
17.10social work from an accredited university; and
17.11    (6) not engaged in conduct that was or would be in violation of the standards of
17.12practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
17.13conduct that was or would be in violation of the standards of practice, the board may take
17.14action according to sections 148E.255 to 148E.270.
17.15    Subd. 2. Emergency situations and persons currently licensed in another
17.16jurisdiction. The board may issue a temporary license to practice social work to an
17.17applicant who is licensed or credentialed to practice social work in another jurisdiction,
17.18may or may not have applied for a license under section 148E.055, and has:
17.19    (1) applied for a temporary license on a form provided by the board;
17.20    (2) submitted a form provided by the board authorizing the board to complete a
17.21criminal background check;
17.22    (3) submitted evidence satisfactory to the board that the applicant is currently
17.23licensed or credentialed to practice social work in another jurisdiction;
17.24    (4) attested on a form provided by the board that the applicant has completed the
17.25requirements for a baccalaureate or graduate degree in social work from a program
17.26accredited by the Council on Social Work Education, the Canadian Association of Schools
17.27of Social Work, or a similar accreditation body designated by the board, or a doctorate in
17.28social work from an accredited university; and
17.29    (5) not engaged in conduct that was or would be in violation of the standards of
17.30practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
17.31conduct that was or would be in violation of the standards of practice, the board may take
17.32action according to sections 148E.255 to 148E.270.
17.33    Subd. 3. Teachers. The board may issue a temporary license to practice social work
17.34to an applicant whose permanent residence is outside the United States, who is teaching
17.35social work at an academic institution in Minnesota for a period not to exceed 12 months,
17.36who may or may not have applied for a license under section 148E.055, and who has:
18.1    (1) applied for a temporary license on a form provided by the board;
18.2    (2) submitted a form provided by the board authorizing the board to complete a
18.3criminal background check;
18.4    (3) attested on a form provided by the board that the applicant has completed the
18.5requirements for a baccalaureate or graduate degree in social work; and
18.6    (4) has not engaged in conduct that was or would be in violation of the standards
18.7of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
18.8conduct that was or would be in violation of the standards of practice, the board may take
18.9action according to sections 148E.255 to 148E.270.
18.10    Subd. 4. Temporary license application fee. An applicant for a temporary license
18.11must pay the application fee specified in section 148E.180 plus the required fee for
18.12the cost of the criminal background check. Only one fee for the cost of the criminal
18.13background check must be submitted when the applicant is applying for both a temporary
18.14license and a license under section 148E.055.
18.15    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration,
18.16or until the board issues or denies the license according to section 148E.055, or until
18.17the board revokes the temporary license, whichever comes first. A temporary license is
18.18nonrenewable.
18.19    (b) A temporary license issued according to subdivision 1 or 2 expires after six
18.20months.
18.21    (c) A temporary license issued according to subdivision 3 expires after 12 months.
18.22    Subd. 6. Licensee with temporary license; baccalaureate degree. A licensee
18.23with a temporary license who has provided evidence to the board that the licensee has
18.24completed the requirements for a baccalaureate degree in social work from a program
18.25accredited by the Council on Social Work Education, the Canadian Association of Schools
18.26of Social Work, or a similar accreditation body designated by the board may temporarily
18.27engage in social work practice except that a licensee with a temporary license may not
18.28engage in clinical social work practice.
18.29    Subd. 7. Licensee with temporary license; graduate degree. A licensee with a
18.30temporary license who has provided evidence to the board that the licensee has completed
18.31the requirements for a graduate degree in social work from a program accredited by the
18.32Council on Social Work Education, the Canadian Association of Schools of Social Work,
18.33or a similar accreditation body designated by the board may temporarily engage in social
18.34work practice, including clinical practice.
19.1    Subd. 8. Supervision requirements. (a) Except as provided in paragraph (b), an
19.2applicant who is not currently licensed or credentialed to practice social work in another
19.3jurisdiction and who obtains a temporary license may practice social work only under
19.4the supervision of an individual licensed as a social worker who is eligible to provide
19.5supervision under sections 148E.100 to 148E.125. Before the applicant is approved
19.6for licensure, the applicant's supervisor must attest to the board's satisfaction that the
19.7applicant has practiced social work under supervision. This supervision applies toward
19.8the supervision required after licensure.
19.9    (b) If an applicant is currently licensed or credentialed to practice social work in
19.10another jurisdiction, and receives a temporary license according to subdivision 3, the
19.11requirements specified in paragraph (a) do not apply. However, if an applicant with a
19.12temporary license chooses to practice social work under supervision, the supervision
19.13applies to the requirements specified in sections 148E.100 to 148E.125.
19.14    Subd. 9. Prohibition on practice. An applicant for a temporary license must not
19.15practice social work in Minnesota, except as provided in section 148E.065, until the
19.16applicant has been granted a temporary license.
19.17    Subd. 10. Representation of professional status. In making representations of
19.18professional status to the public, a licensee with a temporary license must state that the
19.19licensee has a temporary license.
19.20    Subd. 11. Standards of practice. A licensee with a temporary license must conduct
19.21all professional activities as a social worker according to the requirements of sections
19.22148E.195 to 148E.240.
19.23    Subd. 12. Ineligibility. An applicant who is currently practicing social work in
19.24Minnesota in a setting that is not exempt under section 148E.065 at the time of application
19.25is ineligible for a temporary license.
19.26    Subd. 13. Revocation of temporary license. The board may immediately revoke
19.27the temporary license of any licensee who violates any requirements of this section. The
19.28revocation must be made for cause, without notice or opportunity to be heard. A licensee
19.29whose temporary license is revoked must immediately return the temporary license to
19.30the board.

19.31    Sec. 13. [148E.065] EXEMPTIONS.
19.32    Subdivision 1. Other professionals. Nothing in this chapter may be construed
19.33to prevent members of other professions or occupations from performing functions
19.34for which they are qualified or licensed. This exception includes but is not limited to:
19.35licensed physicians, registered nurses, licensed practical nurses, licensed psychologists,
20.1psychological practitioners, probation officers, members of the clergy and Christian
20.2Science practitioners, attorneys, marriage and family therapists, alcohol and drug
20.3counselors, professional counselors, school counselors, and registered occupational
20.4therapists or certified occupational therapist assistants. These persons must not, however,
20.5hold themselves out to the public by any title or description stating or implying that they
20.6are engaged in the practice of social work, or that they are licensed to engage in the
20.7practice of social work. Persons engaged in the practice of social work are not exempt
20.8from the board's jurisdiction solely by the use of one of the titles in this subdivision.
20.9    Subd. 2. Students. An internship, externship, or any other social work experience
20.10that is required for the completion of an accredited program of social work does not
20.11constitute the practice of social work under this chapter.
20.12    Subd. 3. Geographic waiver. A geographic waiver may be granted by the board on
20.13a case-by-case basis to agencies with special regional hiring problems. The waiver is for
20.14the purpose of permitting agencies to hire individuals who do not meet the qualifications
20.15of section 148E.055 or 148E.060 to practice social work.
20.16    Subd. 4. City, county, and state agency social workers. The licensure of city,
20.17county, and state agency social workers is voluntary. City, county, and state agencies
20.18employing social workers are not required to employ licensed social workers.
20.19    Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
20.20licensure of social workers who are employed by federally recognized tribes, or by private
20.21nonprofit agencies whose primary service focus addresses ethnic minority populations,
20.22and who are themselves members of ethnic minority populations within those agencies, is
20.23voluntary.

20.24    Sec. 14. [148E.070] LICENSE RENEWALS.
20.25    Subdivision 1. License renewal term. (a) If a license is renewed, the license must
20.26be renewed for a two-year renewal term. The renewal term is the period from the effective
20.27date of an initial or renewed license to the expiration date of the license.
20.28    (b) The effective date of a renewed license is the day following the expiration date
20.29of the expired license.
20.30    (c) The expiration date of a renewed license is the last day of the licensee's birth
20.31month in the second calendar year following the effective date of the renewed license.
20.32    Subd. 2. Mailing license renewal notices. The board must mail a notice for license
20.33renewal to a licensee at least 45 days before the expiration date of the license. Mailing the
20.34notice by United States mail to the licensee's last known mailing address constitutes valid
21.1mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation
21.2to renew a license and to pay the renewal fee.
21.3    Subd. 3. Submitting license renewal applications. (a) In order to renew a license,
21.4a licensee must submit:
21.5    (1) a completed, signed application for license renewal; and
21.6    (2) the applicable renewal fee specified in section 148E.180.
21.7The completed, signed application and renewal fee must be received by the board prior to
21.8midnight of the day of the license expiration date. For renewals submitted electronically, a
21.9"signed application" means providing an attestation as specified by the board.
21.10    (b) An application which is not completed and signed, or which is not accompanied
21.11by the correct fee, must be returned to the applicant, along with any fee submitted, and is
21.12void.
21.13    (c) The completed, signed application must include documentation that the licensee
21.14has met the continuing education requirements specified in sections 148E.130 to 148E.170
21.15and, if applicable, the supervised practice requirements specified in sections 148E.100 to
21.16148E.125.
21.17    (d) By submitting a renewal application, an applicant authorizes the board to:
21.18    (1) investigate any information provided or requested in the application. The
21.19board may request that the applicant provide additional information, verification, or
21.20documentation;
21.21    (2) conduct an audit to determine if the applicant has met the continuing education
21.22requirements specified in sections 148E.130 to 148E.170; and
21.23    (3) if applicable, conduct an audit to determine whether the applicant has met the
21.24supervision requirements specified in sections 148E.100 to 148E.125.
21.25    (e) If a licensee's application for license renewal meets the requirements specified in
21.26paragraph (a), the licensee may continue to practice after the license expiration date until
21.27the board approves or denies the application.
21.28    Subd. 4. Renewal late fee. An application that is received after the license
21.29expiration date must be accompanied by the renewal late fee specified in section 148E.180
21.30in addition to the applicable renewal fee. The application, renewal fee, and renewal late
21.31fee must be received by the board within 60 days of the license expiration date, or the
21.32license automatically expires.
21.33    Subd. 5. Expired license. (a) If an application does not meet the requirements
21.34specified in subdivisions 3 and 4, the license automatically expires. A licensee whose
22.1license has expired may reactivate a license by meeting the requirements in section
22.2148E.080 or be relicensed by meeting the requirements specified in section 148E.055.
22.3    (b) The board may take action according to sections 148E.255 to 148E.270 based on
22.4a licensee's conduct before the expiration of the license.
22.5    (c) An expired license may be reactivated within one year of the expiration date
22.6specified in section 148E.080. After one year of the expiration date, an individual may
22.7apply for a new license according to section 148E.055.

22.8    Sec. 15. [148E.075] INACTIVE LICENSES.
22.9    Subdivision 1. Inactive status. (a) A licensee qualifies for inactive status under
22.10either of the circumstances described in paragraph (b) or (c).
22.11    (b) A licensee qualifies for inactive status when the licensee is granted temporary
22.12leave from active practice. A licensee qualifies for temporary leave from active practice if
22.13the licensee demonstrates to the satisfaction of the board that the licensee is not engaged
22.14in the practice of social work in any setting, including settings in which social workers
22.15are exempt from licensure according to section 148E.065. A licensee who is granted
22.16temporary leave from active practice may reactivate the license according to section
22.17148E.080.
22.18    (c) A licensee qualifies for inactive status when a licensee is granted an emeritus
22.19license. A licensee qualifies for an emeritus license if the licensee demonstrates to the
22.20satisfaction of the board that:
22.21    (1) the licensee is retired from social work practice; and
22.22    (2) the licensee is not engaged in the practice of social work in any setting, including
22.23settings in which social workers are exempt from licensure according to section 148E.065.
22.24A licensee who possesses an emeritus license may reactivate the license according to
22.25section 148E.080.
22.26    Subd. 2. Application. A licensee may apply for inactive status:
22.27    (1) at any time by submitting an application for a temporary leave from active
22.28practice or for an emeritus license; or
22.29    (2) as an alternative to applying for the renewal of a license by so recording on
22.30the application for license renewal and submitting the completed, signed application to
22.31the board.
22.32    An application that is not completed or signed, or that is not accompanied by the
22.33correct fee, must be returned to the applicant, along with any fee submitted, and is void.
22.34For applications submitted electronically, a "signed application" means providing an
22.35attestation as specified by the board.
23.1    Subd. 3. Fee. (a) Regardless of when the application for inactive status is submitted,
23.2the temporary leave or emeritus license fee specified in section 148E.180, whichever is
23.3applicable, must accompany the application. A licensee who is approved for inactive
23.4status before the license expiration date is not entitled to receive a refund for any portion
23.5of the license or renewal fee.
23.6    (b) If an application for temporary leave is received after the license expiration date,
23.7the licensee must pay a renewal late fee as specified in section 148E.180 in addition to
23.8the temporary leave fee.
23.9    Subd. 4. Time limits for temporary leaves. A licensee may maintain an inactive
23.10license on temporary leave for no more than five consecutive years. If a licensee does
23.11not apply for reactivation within 60 days following the end of the consecutive five-year
23.12period, the license automatically expires.
23.13    Subd. 5. Time limits for emeritus license. A licensee with an emeritus license may
23.14not apply for reactivation according to section 148E.080 after five years following the
23.15granting of the emeritus license. However, after five years following the granting of the
23.16emeritus license, an individual may apply for new licensure according to section 148E.055.
23.17    Subd. 6. Prohibition on practice. (a) Except as provided in paragraph (b), a
23.18licensee whose license is inactive must not practice, attempt to practice, offer to practice,
23.19or advertise or hold out as authorized to practice social work.
23.20    (b) The board may grant a variance to the requirements of paragraph (a) if a licensee
23.21on inactive status provides emergency social work services. A variance is granted only
23.22if the board provides the variance in writing to the licensee. The board may impose
23.23conditions or restrictions on the variance.
23.24    Subd. 7. Representations of professional status. In making representations of
23.25professional status to the public, a licensee whose license is inactive must state that the
23.26license is inactive and that the licensee cannot practice social work.
23.27    Subd. 8. Disciplinary or other action. The board may resolve any pending
23.28complaints against a licensee before approving an application for inactive status. The
23.29board may take action according to sections 148E.255 to 148E.270 against a licensee
23.30whose license is inactive based on conduct occurring before the license is inactive or
23.31conduct occurring while the license is inactive.

23.32    Sec. 16. [148E.080] REACTIVATIONS.
23.33    Subdivision 1. Mailing notices to licensees on temporary leave. The board must
23.34mail a notice for reactivation to a licensee on temporary leave at least 45 days before the
23.35expiration date of the license according to section 148E.075, subdivision 4. Mailing the
24.1notice by United States mail to the licensee's last known mailing address constitutes
24.2valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the
24.3obligation to comply with the provisions of this section to reactivate a license.
24.4    Subd. 2. Reactivation from a temporary leave or emeritus status. To reactivate a
24.5license from a temporary leave or emeritus status, a licensee must do the following within
24.6the time period specified in section 148E.075, subdivisions 4 and 5:
24.7    (1) complete an application form specified by the board;
24.8    (2) document compliance with the continuing education requirements specified in
24.9subdivision 4;
24.10    (3) submit a supervision plan, if required;
24.11    (4) pay the reactivation of an inactive licensee fee specified in section 148E.180; and
24.12    (5) pay the wall certificate fee according to section 148E.095, subdivision 1,
24.13paragraph (b) or (c), if the licensee needs a duplicate license.
24.14    Subd. 3. Reactivation of an expired license. To reactivate an expired license, a
24.15licensee must do the following within one year of the expiration date:
24.16    (1) complete an application form specified by the board;
24.17    (2) document compliance with the continuing education requirements that were
24.18in effect at the time the license expired;
24.19    (3) document compliance with the supervision requirements, if applicable, that were
24.20in effect at the time the license expired; and
24.21    (4) pay the reactivation of an expired license fee specified in section 148E.180.
24.22    Subd. 4. Continuing education requirements. (a) A licensee who is on temporary
24.23leave or who has an emeritus license must obtain the continuing education hours that
24.24would be required if the license was active. At the time of reactivation, the licensee must
24.25document compliance with the continuing education requirements specified in sections
24.26148E.130 to 148E.170.
24.27    (b) A licensee applying for reactivation according to subdivision 2 or 3 may apply
24.28for a variance to the continuing education requirements according to sections 148E.130 to
24.29148E.170.
24.30    Subd. 5. Reactivation of a voluntarily terminated license. To reactivate a
24.31voluntarily terminated license, a licensee must do the following within one year of the
24.32date the voluntary termination takes effect:
24.33    (1) complete an application form specified by the board;
24.34    (2) document compliance with the continuing education requirements that were in
24.35effect at the time the license was voluntarily terminated;
25.1    (3) document compliance with the supervision requirements, if applicable, that were
25.2in effect at the time the license was voluntarily terminated; and
25.3    (4) pay the reactivation of an expired or voluntarily terminated license fee specified
25.4in section 148E.180.

25.5    Sec. 17. [148E.085] VOLUNTARY TERMINATIONS.
25.6    Subdivision 1. Requests for voluntary termination. (a) A licensee may request
25.7voluntary termination of a license if the licensee demonstrates to the satisfaction of the
25.8board that the licensee is not engaged in the practice of social work in any setting except
25.9settings in which social workers are exempt from licensure according to section 148E.065.
25.10    (b) A licensee may apply for voluntary termination:
25.11    (1) at any time by submitting an application; or
25.12    (2) as an alternative to applying for the renewal of a license by so recording on
25.13the application for license renewal and submitting the completed, signed application to
25.14the board.
25.15For applications submitted electronically, a "signed application" means providing an
25.16attestation as specified by the board. An application that is not completed and signed must
25.17be returned to the applicant and is void.
25.18    (c) The board may resolve any pending complaints against a licensee before
25.19approving a request for voluntary termination.
25.20    Subd. 2. Application for new licensure. A licensee who has voluntarily terminated
25.21a license may not reactivate the license after one year following the date the voluntary
25.22termination takes effect. However, a licensee who has voluntarily terminated a license
25.23may apply for a new license according to section 148E.055.
25.24    Subd. 3. Prohibition on practice. A licensee who has voluntarily terminated a
25.25license must not practice, attempt to practice, offer to practice, or advertise or hold out as
25.26authorized to practice social work, except when the individual is exempt from licensure
25.27according to section 148E.065.
25.28    Subd. 4. Disciplinary or other action. The board may take action according to
25.29sections 148E.255 to 148E.270 against a licensee whose license has been terminated
25.30based on conduct occurring before the license is terminated or for practicing social
25.31work without a license.

25.32    Sec. 18. [148E.090] NAME; CHANGE OF NAME OR ADDRESS.
25.33    Subdivision 1. Name. A licensee must use the licensee's legal name or a professional
25.34name. If the licensee uses a professional name, the licensee must inform the board in
26.1writing of both the licensee's professional name and legal name and must comply with
26.2the requirements of this section.
26.3    Subd. 2. Legal name change. Within 30 days after changing the licensee's legal
26.4name, a licensee must:
26.5    (1) request a new license wall certificate;
26.6    (2) provide legal verification of the name change; and
26.7    (3) pay the license wall certificate fee specified in section 148E.180.
26.8    Subd. 3. Professional name change. Within 30 days after changing the licensee's
26.9professional name, a licensee must:
26.10    (1) request a new license wall certificate;
26.11    (2) provide a notarized statement attesting to the name change; and
26.12    (3) pay the license wall certificate fee specified in section 148E.180.
26.13    Subd. 4. Address or telephone change. When a licensee changes a mailing
26.14address, home address, work address, e-mail address, or daytime public telephone number,
26.15the licensee must notify the board of the change electronically or in writing no more
26.16than 30 days after the date of the change.

26.17    Sec. 19. [148E.095] LICENSE CERTIFICATE OR CARD.
26.18    Subdivision 1. License wall certificate. (a) The board must issue a new license
26.19wall certificate when the board issues a new license. No fee in addition to the applicable
26.20license fee specified in section 148E.180 is required.
26.21    (b) The board must replace a license wall certificate when:
26.22    (1) a licensee submits an affidavit to the board that the original license wall
26.23certificate was lost, stolen, or destroyed; and
26.24    (2) the licensee submits the license wall certificate fee specified in section 148E.180.
26.25    (c) The board must issue a revised license wall certificate when:
26.26    (1) a licensee requests a revised license wall certificate according to this section; and
26.27    (2) a licensee submits the license wall certificate fee specified in section 148E.180.
26.28    (d) The board must issue an additional license wall certificate when:
26.29    (1) a licensee submits a written request for a new certificate because the licensee
26.30practices in more than one location; and
26.31    (2) the licensee submits the license wall certificate fee specified in section 148E.180.
26.32    Subd. 2. License card. (a) The board must issue a new license card when the
26.33board issues a new license. No fee in addition to the applicable license fee specified
26.34in section 148E.180 is required.
26.35    (b) The board must replace a license card when a licensee submits:
27.1    (1) an affidavit to the board that the original license card was lost, stolen, or
27.2destroyed; and
27.3    (2) the license card fee specified in section 148E.180.
27.4    (c) The board must issue a revised license card when the licensee submits a written
27.5request for a new license wall certificate because of a new professional or legal name
27.6according to section 148E.090, subdivision 2 or 3. No fee in addition to the one specified
27.7in subdivision 1, paragraph (b), is required.

27.8    Sec. 20. [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED
27.9PRACTICE.
27.10    Subdivision 1. Supervision required after licensure. After receiving a license
27.11from the board as a licensed social worker, the licensed social worker must obtain at least
27.12100 hours of supervision according to the requirements of this section.
27.13    Subd. 2. Practice requirements. The supervision required by subdivision 1 must be
27.14obtained during the first 4,000 hours of postbaccalaureate social work practice authorized
27.15by law. At least four hours of supervision must be obtained during every 160 hours of
27.16practice.
27.17    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
27.18subdivision 1:
27.19    (1) 50 hours must be provided through one-on-one supervision, including: (i)
27.20a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
27.21supervision via eye-to-eye electronic media; and
27.22    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
27.23supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
27.24media. The supervision must not be provided by e-mail. Group supervision is limited to
27.25six members not counting the supervisor or supervisors.
27.26    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
27.27be provided by a supervisor who:
27.28    (1) is a licensed social worker who has completed the supervised practice
27.29requirements;
27.30    (2) is a licensed graduate social worker, licensed independent social worker, or
27.31licensed independent clinical social worker; or
27.32    (3) meets the requirements specified in section 148E.120, subdivision 2.
27.33    Subd. 5. Supervisee requirements. The supervisee must:
27.34    (1) to the satisfaction of the supervisor, practice competently and ethically according
27.35to professional social work knowledge, skills, and values;
28.1    (2) receive supervision in the following content areas:
28.2    (i) development of professional values and responsibilities;
28.3    (ii) practice skills;
28.4    (iii) authorized scope of practice;
28.5    (iv) ensuring continuing competence; and
28.6    (v) ethical standards of practice;
28.7    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
28.8    (4) if the board audits the supervisee's supervised practice, submit verification of
28.9supervised practice according to section 148E.125, subdivision 3.
28.10    Subd. 6. After completion of supervision requirements. A licensed social worker
28.11who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to
28.12be supervised after completion of the supervision requirements.
28.13    Subd. 7. Attestation. The social worker and the social worker's supervisor must
28.14attest that the supervisee has met or has made progress on meeting the applicable
28.15supervision requirements according to section 148E.125, subdivision 2.

28.16    Sec. 21. [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO
28.17NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
28.18    Subdivision 1. Supervision required after licensure. After receiving a license
28.19from the board as a licensed graduate social worker, a licensed graduate social worker
28.20must obtain at least 100 hours of supervision according to the requirements of this section.
28.21    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
28.22be obtained during the first 4,000 hours of postgraduate social work practice authorized
28.23by law. At least four hours of supervision must be obtained during every 160 hours of
28.24practice.
28.25    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
28.26subdivision 1:
28.27    (1) 50 hours must be provided though one-on-one supervision, including: (i)
28.28a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
28.29supervision via eye-to-eye electronic media; and
28.30    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
28.31supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
28.32media. The supervision must not be provided by e-mail. Group supervision is limited
28.33to six supervisees.
29.1    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
29.2be provided by a supervisor who meets the requirements specified in section 148E.120.
29.3The supervision must be provided by a:
29.4    (1) licensed independent social worker;
29.5    (2) licensed graduate social worker who has completed the supervised practice
29.6requirements;
29.7    (3) licensed independent clinical social worker; or
29.8    (4) a supervisor who meets the requirements specified in section 148E.120,
29.9subdivision 2 .
29.10    Subd. 5. Supervisee requirements. The supervisee must:
29.11    (1) to the satisfaction of the supervisor, practice competently and ethically according
29.12to professional social work knowledge, skills, and values;
29.13    (2) receive supervision in the following content areas:
29.14    (i) development of professional values and responsibilities;
29.15    (ii) practice skills;
29.16    (iii) authorized scope of practice;
29.17    (iv) ensuring continuing competence; and
29.18    (v) ethical standards of practice;
29.19    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
29.20    (4) verify supervised practice according to section 148E.125, subdivision 3, if:
29.21    (i) the board audits the supervisee's supervised practice; or
29.22    (ii) a licensed graduate social worker applies for a licensed independent social
29.23worker license.
29.24    Subd. 6. Supervision not required after completion of supervision requirements.
29.25    A licensed graduate social worker who fulfills the supervision requirements specified in
29.26subdivisions 1 to 5, and who does not practice clinical social work, is not required to be
29.27supervised after completion of the supervision requirements.
29.28    Subd. 7. Attestation. A social worker and the social worker's supervisor must attest
29.29that the supervisee has met or has made progress on meeting the applicable supervision
29.30requirements according to section 148E.125, subdivision 2.
29.31    Subd. 8. Eligibility to apply for licensure as a licensed independent social
29.32worker. Upon completion of 4,000 hours of social work practice, including at least 100
29.33hours of supervision according to the requirements of this section, a licensed graduate
29.34social worker is eligible to apply for a licensed independent social worker license
29.35according to section 148E.110.

30.1    Sec. 22. [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO
30.2PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
30.3    Subdivision 1. Supervision required after licensure. After receiving a license
30.4from the board as a licensed graduate social worker, a licensed graduate social worker
30.5must obtain at least 200 hours of supervision according to the requirements of this section.
30.6    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
30.7be obtained during the first 4,000 hours of postgraduate social work practice authorized
30.8by law. At least eight hours of supervision must be obtained during every 160 hours of
30.9practice.
30.10    Subd. 3. Types of supervision. Of the 200 hours of supervision required under
30.11subdivision 1:
30.12    (1) 100 hours must be provided through one-on-one supervision, including: (i)
30.13a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of
30.14supervision via eye-to-eye electronic media; and
30.15    (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group
30.16supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
30.17media. The supervision must not be provided by e-mail. Group supervision is limited
30.18to six supervisees.
30.19    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
30.20be provided by a supervisor who meets the requirements specified in section 148E.120.
30.21The supervision must be provided:
30.22    (1) by a licensed independent clinical social worker; or
30.23    (2) by a supervisor who meets the requirements specified in section 148E.120,
30.24subdivision 2.
30.25    Subd. 5. Supervisee requirements. The supervisee must:
30.26    (1) to the satisfaction of the supervisor, practice competently and ethically according
30.27to professional social work knowledge, skills, and values;
30.28    (2) receive supervision in the following content areas:
30.29    (i) development of professional values and responsibilities;
30.30    (ii) practice skills;
30.31    (iii) authorized scope of practice;
30.32    (iv) ensuring continuing competence; and
30.33    (v) ethical standards of practice;
30.34    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
30.35    (4) verify supervised practice according to section 148E.125, subdivision 3, if:
31.1    (i) the board audits the supervisee's supervised practice; or
31.2    (ii) a licensed graduate social worker applies for a licensed independent clinical
31.3social worker license.
31.4    Subd. 6. Supervision required. A licensed graduate social worker must not engage
31.5in clinical social work practice except under supervision by a licensed independent
31.6clinical social worker or an alternate supervisor designated according to section 148E.120,
31.7subdivision 2.
31.8    Subd. 7. Limit on practice of clinical social work. (a) Except as provided in
31.9subdivision 8, a licensed graduate social worker must not engage in clinical social work
31.10practice under supervision for more than 8,000 hours. In order to practice clinical social
31.11work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed
31.12independent clinical social worker license.
31.13    (b) Notwithstanding the requirements of paragraph (a), the board may grant a
31.14licensed graduate social worker permission to engage in clinical social work practice for
31.15more than 8,000 hours if the licensed graduate social worker petitions the board and
31.16demonstrates to the board's satisfaction that for reasons of personal hardship the licensed
31.17graduate social worker should be granted an extension to continue practicing clinical
31.18social work under supervision for up to an additional 2,000 hours.
31.19    Subd. 8. Eligibility to apply for licensure as a licensed independent social
31.20worker. Upon completion of 4,000 hours of clinical social work practice, including at
31.21least 1,800 hours of direct clinical client contact and 200 hours of supervision according to
31.22the requirements of this section, a licensed graduate social worker is eligible to apply for a
31.23licensed independent clinical social worker license under section 148E.115, subdivision 1.
31.24    Subd. 9. Attestation. A social worker and the social worker's supervisor must attest
31.25that the supervisee has met or has made progress on meeting the applicable supervision
31.26requirements according to section 148E.125, subdivision 2.

31.27    Sec. 23. [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS;
31.28SUPERVISED PRACTICE.
31.29    Subdivision 1. Supervision required before licensure. Before becoming licensed
31.30as a licensed independent social worker, a person must have obtained at least 100 hours
31.31of supervision during 4,000 hours of postgraduate social work practice required by law
31.32according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four
31.33hours of supervision must be obtained during every 160 hours of practice.
31.34    Subd. 2. Licensed independent social workers; clinical social work after
31.35licensure. After licensure, a licensed independent social worker must not engage in
32.1clinical social work practice except under supervision by a licensed independent clinical
32.2social worker or an alternate supervisor designated according to section 148E.120,
32.3subdivision 2 .
32.4    Subd. 3. Limit on practice of clinical social work. (a) Except as provided in
32.5paragraph (b), a licensed independent social worker must not engage in clinical social
32.6work practice under supervision for more than 8,000 hours. In order to practice clinical
32.7social work for more than 8,000 hours, a licensed independent social worker must obtain a
32.8licensed independent clinical social worker license.
32.9    (b) Notwithstanding the requirements of paragraph (a), the board may grant a
32.10licensed independent social worker permission to engage in clinical social work practice
32.11for more than 8,000 hours if the licensed independent social worker petitions the board
32.12and demonstrates to the board's satisfaction that for reasons of personal hardship the
32.13licensed independent social worker should be granted an extension to continue practicing
32.14clinical social work under supervision for up to an additional 2,000 hours.
32.15    Subd. 4. Licensed independent social workers who do not practice clinical
32.16social work after licensure. After licensure, a licensed independent social worker is not
32.17required to be supervised if the licensed independent social worker does not practice
32.18clinical social work.

32.19    Sec. 24. [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL
32.20WORKERS; SUPERVISION.
32.21    Subdivision 1. Supervision required before licensure. Before becoming licensed
32.22as a licensed independent clinical social worker, a person must have obtained at least 200
32.23hours of supervision during 4,000 hours of postgraduate clinical practice required by law
32.24according to the requirements of section 148E.106.
32.25    Subd. 2. No supervision required after licensure. After licensure, a licensed
32.26independent clinical social worker is not required to be supervised.

32.27    Sec. 25. [148E.120] REQUIREMENTS OF SUPERVISORS.
32.28    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
32.29paragraph (b), to be eligible to provide supervision under this section, a social worker must:
32.30    (1) have at least 2,000 hours of experience in authorized social work practice. If
32.31the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of
32.32experience in clinical practice;
32.33    (2) have completed 30 hours of training in supervision through coursework from
32.34an accredited college or university, or through continuing education in compliance with
32.35sections 148E.130 to 148E.170;
33.1    (3) be competent in the activities being supervised; and
33.2    (4) attest, on a form provided by the board, that the social worker has met the
33.3applicable requirements specified in this section and sections 148E.100 to 148E.115. The
33.4board may audit the information provided to determine compliance with the requirements
33.5of this section.
33.6    (b) If the board determines that supervision is not obtainable from an individual
33.7meeting the requirements specified in paragraph (a), the board may approve an alternate
33.8supervisor according to subdivision 2.
33.9    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
33.10if:
33.11    (1) the board determines that supervision is not obtainable according to paragraph
33.12(b);
33.13    (2) the licensee requests in the supervision plan submitted according to section
33.14148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
33.15    (3) the licensee describes the proposed supervision and the name and qualifications
33.16of the proposed alternate supervisor; and
33.17    (4) the requirements of paragraph (d) are met.
33.18    (b) The board may determine that supervision is not obtainable if:
33.19    (1) the licensee provides documentation as an attachment to the supervision plan
33.20submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
33.21thorough search for a supervisor meeting the applicable licensure requirements specified
33.22in sections 148E.100 to 148E.115;
33.23    (2) the licensee demonstrates to the board's satisfaction that the search was
33.24unsuccessful; and
33.25    (3) the licensee describes the extent of the search and the names and locations of
33.26the persons and organizations contacted.
33.27    (c) The requirements specified in paragraph (b) do not apply to obtaining supervision
33.28for clinical practice if the board determines that there are five or fewer licensed
33.29independent clinical social workers in the county where the licensee practices social work.
33.30    (d) An alternate supervisor must:
33.31    (1) be an unlicensed social worker who is employed in, and provides the supervision
33.32in, a setting exempt from licensure by section 148E.065, and who has qualifications
33.33equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
33.34    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
33.35Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
33.36applicable requirements specified in sections 148E.100 to 148E.115; or
34.1    (3) be a licensed marriage and family therapist or a mental health professional
34.2as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
34.3equivalent mental health professional, as determined by the board, who is licensed or
34.4credentialed by a state, territorial, provincial, or foreign licensing agency.
34.5    In order to qualify to provide clinical supervision of a licensed graduate social
34.6worker or licensed independent social worker engaged in clinical practice, the alternate
34.7supervisor must be a mental health professional as established by section 245.462,
34.8subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
34.9as determined by the board, who is licensed or credentialed by a state, territorial,
34.10provincial, or foreign licensing agency.

34.11    Sec. 26. [148E.125] DOCUMENTATION OF SUPERVISION.
34.12    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
34.13provided by the board, a supervision plan for meeting the supervision requirements
34.14specified in sections 148E.100 to 148E.120.
34.15    (b) The supervision plan must be submitted no later than 90 days after the licensee
34.16begins a social work practice position after becoming licensed.
34.17    (c) For failure to submit the supervision plan within 90 days after beginning a social
34.18work practice position, a licensee must pay the supervision plan late fee specified in
34.19section 148E.180 when the licensee applies for license renewal.
34.20    (d) A license renewal application submitted according to paragraph (a) must not be
34.21approved unless the board has received a supervision plan.
34.22    (e) The supervision plan must include the following:
34.23    (1) the name of the supervisee, the name of the agency in which the supervisee is
34.24being supervised, and the supervisee's position title;
34.25    (2) the name and qualifications of the person providing the supervision;
34.26    (3) the number of hours of one-on-one in-person supervision and the number and
34.27type of additional hours of supervision to be completed by the supervisee;
34.28    (4) the supervisee's position description;
34.29    (5) a brief description of the supervision the supervisee will receive in the following
34.30content areas:
34.31    (i) clinical practice, if applicable;
34.32    (ii) development of professional social work knowledge, skills, and values;
34.33    (iii) practice methods;
34.34    (iv) authorized scope of practice;
34.35    (v) ensuring continuing competence; and
34.36    (vi) ethical standards of practice; and
35.1    (6) if applicable, a detailed description of the supervisee's clinical social work
35.2practice, addressing:
35.3    (i) the client population, the range of presenting issues, and the diagnoses;
35.4    (ii) the clinical modalities that were utilized; and
35.5    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
35.6instruments used and the role of the supervisee in the diagnostic process.
35.7    (f) The board must receive a revised supervision plan within 90 days of any of the
35.8following changes:
35.9    (1) the supervisee has a new supervisor;
35.10    (2) the supervisee begins a new social work position;
35.11    (3) the scope or content of the supervisee's social work practice changes substantially;
35.12    (4) the number of practice or supervision hours changes substantially; or
35.13    (5) the type of supervision changes as supervision is described in section 148E.100,
35.14subdivision 3 , or 148E.105, subdivision 3, or as required in section 148E.115, subdivision
35.154 .
35.16    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
35.17supervisee must pay the supervision plan late fee specified in section 148E.180, when
35.18the supervisee applies for license renewal.
35.19    (h) The board must approve the supervisor and the supervision plan.
35.20    Subd. 2. Attestation. (a) When a supervisee submits renewal application materials
35.21to the board, the supervisee and supervisor must submit an attestation providing the
35.22following information on a form provided by the board:
35.23    (1) the name of the supervisee, the name of the agency in which the supervisee is
35.24being supervised, and the supervisee's position title;
35.25    (2) the name and qualifications of the supervisor;
35.26    (3) the number of hours and dates of each type of supervision completed;
35.27    (4) the supervisee's position description;
35.28    (5) a declaration that the supervisee has not engaged in conduct in violation of the
35.29standards of practice specified in sections 148E.195 to 148E.240;
35.30    (6) a declaration that the supervisee has practiced competently and ethically
35.31according to professional social work knowledge, skills, and values; and
35.32    (7) a list of the content areas in which the supervisee has received supervision,
35.33including the following:
35.34    (i) clinical practice, if applicable;
35.35    (ii) development of professional social work knowledge, skills, and values;
35.36    (iii) practice methods;
36.1    (iv) authorized scope of practice;
36.2    (v) ensuring continuing competence; and
36.3    (vi) ethical standards of practice.
36.4    (b) The information provided on the attestation form must demonstrate to the board's
36.5satisfaction that the supervisee has met or has made progress on meeting the applicable
36.6supervised practice requirements.
36.7    Subd. 3. Verification of supervised practice. (a) In addition to receiving the
36.8attestation required according to subdivision 2, the board must receive verification of
36.9supervised practice if:
36.10    (1) the board audits the supervision of a supervisee according to section 148E.070,
36.11subdivision 3 ; or
36.12    (2) an applicant applies for a license as a licensed independent social worker or as a
36.13licensed independent clinical social worker.
36.14    (b) When verification of supervised practice is required according to paragraph (a),
36.15the board must receive from the supervisor the following information on a form provided
36.16by the board:
36.17    (1) the name of the supervisee, the name of the agency in which the supervisee is
36.18being supervised, and the supervisee's position title;
36.19    (2) the name and qualifications of the supervisor;
36.20    (3) the number of hours and dates of each type of supervision completed;
36.21    (4) the supervisee's position description;
36.22    (5) a declaration that the supervisee has not engaged in conduct in violation of the
36.23standards of practice specified in sections 148E.195 to 148E.240;
36.24    (6) a declaration that the supervisee has practiced ethically and competently
36.25according to professional social work knowledge, skills, and values;
36.26    (7) a list of the content areas in which the supervisee has received supervision,
36.27including the following:
36.28    (i) clinical practice, if applicable;
36.29    (ii) development of professional social work knowledge, skills, and values;
36.30    (iii) practice methods;
36.31    (iv) authorized scope of practice;
36.32    (v) ensuring continuing competence; and
36.33    (vi) ethical standards of practice; and
36.34    (8) if applicable, a detailed description of the supervisee's clinical social work
36.35practice, addressing:
36.36    (i) the client population, the range of presenting issues, and the diagnoses;
37.1    (ii) the clinical modalities that were utilized; and
37.2    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
37.3instruments used and the role of the supervisee in the diagnostic process.
37.4    (c) The information provided on the verification form must demonstrate to the board's
37.5satisfaction that the supervisee has met the applicable supervised practice requirements.
37.6    Subd. 4. Alternative verification of supervised practice. Notwithstanding the
37.7requirements of subdivision 3, the board may accept alternative verification of supervised
37.8practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is
37.9unable to locate a former supervisor to provide the required information.

37.10    Sec. 27. [148E.130] CLOCK HOURS REQUIRED.
37.11    Subdivision 1. Total clock hours required. At the time of license renewal, a
37.12licensee must provide evidence satisfactory to the board that the licensee has, during the
37.13renewal term, completed at least 40 clock hours of continuing education.
37.14    Subd. 2. Ethics requirement. At least two of the clock hours required under
37.15subdivision 1 must be in social work ethics.
37.16    Subd. 3. Requirement for LICSWs. For licensed independent clinical social
37.17workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical
37.18content areas specified in section 148E.055, subdivision 5.
37.19    Subd. 4. Requirement for supervisors. For social workers providing supervision
37.20according to sections 148E.100 to 148E.125, at least six of the clock hours required under
37.21subdivision 1 must be in the practice of supervision.
37.22    Subd. 5. Independent study. Independent study must not consist of more than ten
37.23clock hours of continuing education per renewal term. Independent study must be for
37.24publication, public presentation, or professional development. Independent study includes,
37.25but is not limited to, electronic study. For purposes of subdivision 6, independent study
37.26includes consultation with an experienced supervisor regarding the practice of supervision.
37.27    Subd. 6. Coursework. One credit of coursework in a semester-based academic
37.28institution is the equivalent of 15 clock hours.
37.29    Subd. 7. Prorated renewal term. If the licensee's renewal term is prorated to be
37.30less or more than 24 months, the required number of continuing education clock hours is
37.31prorated proportionately.

37.32    Sec. 28. [148E.135] APPROVAL OF CLOCK HOURS.
37.33    Subdivision 1. Ways of approving clock hours. The clock hours required under
37.34section 148E.130 must be approved in one or more of the following ways:
38.1    (1) the hours must be offered by a continuing education provider approved by the
38.2board;
38.3    (2) the hours must be offered by a continuing education provider approved by the
38.4Association of Social Work Boards or a similar examination body designated by the board;
38.5    (3) the hours must be earned through a continuing education program approved by
38.6the National Association of Social Workers; or
38.7    (4) the hours must be earned through a continuing education program approved
38.8by the board.
38.9    Subd. 2. Preapproval not required. Providers and programs are not required to be
38.10preapproved but must meet the requirements specified in this section.

38.11    Sec. 29. [148E.140] VARIANCES.
38.12    The board may grant a variance to the continuing education requirements specified
38.13in section 148E.130, when a licensee demonstrates to the satisfaction of the board that the
38.14licensee is unable to complete the required number of clock hours during the renewal term.
38.15The board may allow a licensee to complete the required number of clock hours within a
38.16time frame specified by the board. The board must not allow a licensee to complete less
38.17than the required number of clock hours.

38.18    Sec. 30. [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED
38.19BY BOARD.
38.20    Subdivision 1. Board approval. (a) The board must approve a continuing education
38.21provider who:
38.22    (1) submits a completed application to the board which provides the information
38.23required by subdivision 2 and which meets the criteria specified in subdivision 3; and
38.24    (2) pays the provider fee specified in section 148E.180.
38.25    (b) An approval is valid for programs offered no later than one year from the date
38.26the application is approved by the board.
38.27    Subd. 2. Information required. The information that must be provided to the board
38.28includes, but is not limited to, the following:
38.29    (1) the name of the continuing education provider;
38.30    (2) the address, telephone number, and e-mail address of a contact person for the
38.31provider;
38.32    (3) a signed statement that indicates the provider understands and agrees to abide by
38.33the criteria specified in subdivision 3; and
38.34    (4) a signed statement that indicates the provider agrees to furnish a certificate of
38.35attendance to each participant in a program offered by the provider.
39.1    Subd. 3. Criteria for programs. (a) A continuing education provider must employ
39.2the following criteria in determining whether to offer a continuing education program:
39.3    (1) whether the material to be presented will promote the standards of practice
39.4described in sections 148E.195 to 148E.240;
39.5    (2) whether the material to be presented will contribute to the practice of social work
39.6as defined in section 148E.010;
39.7    (3) whether the material to be presented is intended for the benefit of practicing
39.8social workers; and
39.9    (4) whether the persons presenting the program are qualified in the subject matter
39.10being presented.
39.11    (b) The material presented must not be primarily procedural or primarily oriented
39.12towards business practices or self-development.
39.13    Subd. 4. Audits. (a) The board may audit programs offered by a continuing
39.14education provider approved by the board to determine compliance with the requirements
39.15of this section.
39.16    (b) A continuing education provider audited by the board must provide the
39.17documentation specified in subdivision 5.
39.18    Subd. 5. Records retention; continuing education providers. For three years
39.19following the end of each program offered by a continuing education provider, the
39.20provider must maintain the following information:
39.21    (1) the title of the program;
39.22    (2) a description of the content and objectives of the program;
39.23    (3) the date of the program;
39.24    (4) the number of clock hours credited for participation in the program;
39.25    (5) the program location;
39.26    (6) the names and qualifications of the primary presenters;
39.27    (7) a description of the primary audience the program was designed for; and
39.28    (8) a list of the participants in the program.

39.29    Sec. 31. [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS.
39.30    In order to receive credit for a program offered by a continuing education provider
39.31approved by the Association of Social Work Boards or a similar examination body
39.32designated by the board, the provider must be listed on the Association of Social Work
39.33Boards Web site as a provider currently approved by the Association of Social Work
39.34Boards or a similar examination body designated by the board.

39.35    Sec. 32. [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS.
40.1    In order to receive credit for a program approved by the National Association of
40.2Social Workers, the program must be listed on the National Association of Social Workers
40.3Web site as a program currently approved by the National Association of Social Workers.

40.4    Sec. 33. [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED
40.5BY BOARD.
40.6    Subdivision 1. Required program content. In order to be approved by the board, a
40.7continuing education program must:
40.8    (1) promote the standards of practice described in sections 148E.195 to 148E.240;
40.9    (2) contribute to the practice of social work as defined in section 148E.010; and
40.10    (3) not be primarily procedural or be primarily oriented towards business practices
40.11or self-development.
40.12    Subd. 2. Types of continuing education programs. In order to be approved by
40.13the board, a continuing education program must be one of the following: academic
40.14coursework offered by an institution of higher learning; educational workshops, seminars,
40.15or conferences offered by an organization or individual; staff training offered by a public
40.16or private employer; or independent study.

40.17    Sec. 34. [148E.165] CONTINUING EDUCATION REQUIREMENTS OF
40.18LICENSEES.
40.19    Subdivision 1. Records retention; licensees. For one year following the expiration
40.20date of a license, the licensee must maintain documentation of clock hours earned during
40.21the previous renewal term. The documentation must include the following:
40.22    (1) for educational workshops or seminars offered by an organization or at a
40.23conference, a copy of the certificate of attendance issued by the presenter or sponsor
40.24giving the following information:
40.25    (i) the name of the sponsor or presenter of the program;
40.26    (ii) the title of the workshop or seminar;
40.27    (iii) the dates the licensee participated in the program; and
40.28    (iv) the number of clock hours completed;
40.29    (2) for academic coursework offered by an institution of higher learning, a copy of a
40.30transcript giving the following information:
40.31    (i) the name of the institution offering the course;
40.32    (ii) the title of the course;
40.33    (iii) the dates the licensee participated in the course; and
40.34    (iv) the number of credits completed;
41.1    (3) for staff training offered by public or private employers, a copy of the certificate
41.2of attendance issued by the employer giving the following information:
41.3    (i) the name of the employer;
41.4    (ii) the title of the staff training;
41.5    (iii) the dates the licensee participated in the program; and
41.6    (iv) the number of clock hours completed; and
41.7    (4) for independent study, including electronic study, a written summary of the study
41.8conducted, including the following information:
41.9    (i) the topics studied;
41.10    (ii) a description of the applicability of the study to the licensee's authorized scope of
41.11practice;
41.12    (iii) the titles and authors of books and articles consulted or the name of the
41.13organization offering the study;
41.14    (iv) the dates the licensee conducted the study; and
41.15    (v) the number of clock hours the licensee conducted the study.
41.16    Subd. 2. Audits. The board may audit license renewal and reactivation applications
41.17to determine compliance with the requirements of sections 148E.130 to 148E.170. A
41.18licensee audited by the board must provide the documentation specified in subdivision
41.191 regardless of whether the provider or program has been approved by the board, the
41.20Association of Social Work Boards, or a similar examination body designated by the
41.21board, or the National Association of Social Workers.

41.22    Sec. 35. [148E.170] REVOCATION OF CONTINUING EDUCATION
41.23APPROVALS.
41.24    The board may revoke approval of a provider or of a program offered by a provider,
41.25or of an individual program approved by the board, if the board determines subsequent
41.26to the approval that the provider or program failed to meet the requirements of sections
41.27148E.130 to 148E.170.

41.28    Sec. 36. [148E.175] FEES.
41.29    The fees specified in section 148E.180 are nonrefundable and must be deposited in
41.30the state government special revenue fund.

41.31    Sec. 37. [148E.180] FEE AMOUNTS.
41.32    Subdivision 1. Application fees. Application fees for licensure are as follows:
41.33    (1) for a licensed social worker, $45;
41.34    (2) for a licensed graduate social worker, $45;
41.35    (3) for a licensed independent social worker, $90;
42.1    (4) for a licensed independent clinical social worker, $90;
42.2    (5) for a temporary license, $50; and
42.3    (6) for a licensure by endorsement, $150.
42.4    The fee for criminal background checks is the fee charged by the Bureau of Criminal
42.5Apprehension. The criminal background check fee must be included with the application
42.6fee as required according to section 148E.055.
42.7    Subd. 2. License fees. License fees are as follows:
42.8    (1) for a licensed social worker, $115.20;
42.9    (2) for a licensed graduate social worker, $201.60;
42.10    (3) for a licensed independent social worker, $302.40;
42.11    (4) for a licensed independent clinical social worker, $331.20;
42.12    (5) for an emeritus license, $43.20; and
42.13    (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
42.14    If the licensee's initial license term is less or more than 24 months, the required
42.15license fees must be prorated proportionately.
42.16    Subd. 3. Renewal fees. Renewal fees for licensure are as follows:
42.17    (1) for a licensed social worker, $115.20;
42.18    (2) for a licensed graduate social worker, $201.60;
42.19    (3) for a licensed independent social worker, $302.40; and
42.20    (4) for a licensed independent clinical social worker, $331.20.
42.21    Subd. 4. Continuing education provider fees. Continuing education provider
42.22fees are as follows:
42.23    (1) for a provider who offers programs totaling one to eight clock hours in a one-year
42.24period according to section 148E.145, $50;
42.25    (2) for a provider who offers programs totaling nine to 16 clock hours in a one-year
42.26period according to section 148E.145, $100;
42.27    (3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year
42.28period according to section 148E.145, $200;
42.29    (4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year
42.30period according to section 148E.145, $400; and
42.31    (5) for a provider who offers programs totaling 49 or more clock hours in a one-year
42.32period according to section 148E.145, $600.
42.33    Subd. 5. Late fees. Late fees are as follows:
42.34    (1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and
42.35    (2) supervision plan late fee, $40.
43.1    Subd. 6. License cards and wall certificates. (a) The fee for a license card as
43.2specified in section 148E.095 is $10.
43.3    (b) The fee for a license wall certificate as specified in section 148E.095 is $30.
43.4    Subd. 7. Reactivation fees. Reactivation fees are as follows:
43.5    (1) reactivation from a temporary leave or emeritus status, the prorated share of the
43.6renewal fee specified in subdivision 3; and
43.7    (2) reactivation of an expired license, 1-1/2 times the renewal fees specified in
43.8subdivision 3.

43.9    Sec. 38. [148E.185] PURPOSE OF COMPLIANCE LAWS.
43.10    The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring
43.11that all persons licensed as social workers meet minimum standards of practice. The
43.12board shall promptly and fairly investigate and resolve all complaints alleging violations
43.13of statutes and rules that the board is empowered to enforce and (1) take appropriate
43.14disciplinary action, adversarial action, or other action justified by the facts, or (2) enter
43.15into corrective action agreements or stipulations to cease practice, when doing so is
43.16consistent with the board's obligation to protect the public.

43.17    Sec. 39. [148E.190] GROUNDS FOR ACTION.
43.18    Subdivision 1. Scope. The grounds for action in subdivisions 2 to 4 and the
43.19standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees
43.20and applicants.
43.21    Subd. 2. Violations. The board has grounds to take action according to sections
43.22148E.255 to 148E.270 when a social worker violates:
43.23    (1) a statute or rule enforced by the board, including this section and sections
43.24148E.195 to 148E.240;
43.25    (2) a federal or state law or rule related to the practice of social work; or
43.26    (3) an order, stipulation, or agreement agreed to or issued by the board.
43.27    Subd. 3. Conduct before licensure. A violation of the requirements specified in this
43.28section and sections 148E.195 to 148E.240 is grounds for the board to take action under
43.29sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in
43.30this section extends to an applicant or licensee's conduct that occurred before licensure if:
43.31    (1) the conduct did not meet the minimum accepted and prevailing standards of
43.32professional social work practice at the time the conduct occurred; or
43.33    (2) the conduct adversely affects the applicant or licensee's present ability to practice
43.34social work in conformity with the requirements of sections 148E.195 to 148E.240.
44.1    Subd. 4. Unauthorized practice. The board has grounds to take action according
44.2to sections 148E.255 to 148E.270 when a social worker:
44.3    (1) practices outside the scope of practice authorized by section 148E.050;
44.4    (2) engages in the practice of social work without a social work license under
44.5section 148E.055 or 148E.060, except when the social worker is exempt from licensure
44.6under section 148E.065;
44.7    (3) provides social work services to a client who receives social work services in
44.8this state, and is not licensed under section 148E.055 or 148E.060, except when the social
44.9worker is exempt from licensure under section 148E.065.

44.10    Sec. 40. [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC.
44.11    Subdivision 1. Required displays and information for clients. (a) A social worker
44.12must conspicuously display at the social worker's places of practice, or make available as
44.13a handout for all clients, information that the client has the right to the following:
44.14    (1) to be informed of the social worker's license status, education, training, and
44.15experience;
44.16    (2) to examine public data on the social worker maintained by the board;
44.17    (3) to report a complaint about the social worker's practice to the board; and
44.18    (4) to be informed of the board's mailing address, e-mail address, Web site address,
44.19and telephone number.
44.20    (b) A social worker must conspicuously display the social worker's wall certificate at
44.21the social worker's places of practice and office locations. Additional wall certificates may
44.22be requested according to section 148E.095.
44.23    Subd. 2. Representations. (a) No applicant or other individual may be represented
44.24to the public by any title incorporating the words "social work" or "social worker" unless
44.25the individual holds a license according to sections 148E.055 and 148E.060 or practices in
44.26a setting exempt from licensure according to section 148E.065.
44.27    (b) In all professional use of a social worker's name, the social worker must use
44.28the license designation "LSW" or "licensed social worker" for a licensed social worker,
44.29"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
44.30"LISW" or "licensed independent social worker" for a licensed independent social worker,
44.31or "LICSW" or "licensed independent clinical social worker" for a licensed independent
44.32clinical social worker.
44.33    (c) Public statements or advertisements must not be untruthful, misleading, false,
44.34fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
44.35students, supervisees, or the public.
44.36    (d) A social worker must not:
45.1    (1) use licensure status as a claim, promise, or guarantee of successful service;
45.2    (2) obtain a license by cheating or employing fraud or deception;
45.3    (3) make false statements or misrepresentations to the board or in materials
45.4submitted to the board; or
45.5    (4) engage in conduct that has the potential to deceive or defraud a social work
45.6client, intern, student, supervisee, or the public.
45.7    Subd. 3. Information on credentials. (a) A social worker must provide accurate
45.8and factual information concerning the social worker's credentials, education, training,
45.9and experience when the information is requested by clients, potential clients, or other
45.10persons or organizations.
45.11    (b) A social worker must not misrepresent directly or by implication the social
45.12worker's license, degree, professional certifications, affiliations, or other professional
45.13qualifications in any oral or written communications to clients, potential clients, or other
45.14persons or organizations. A social worker must take reasonable steps to prevent such
45.15misrepresentations by other social workers.
45.16    (c) A social worker must not hold out as a person licensed as a social worker without
45.17having a social work license according to sections 148E.055 and 148E.060.
45.18    (d) A social worker must not misrepresent directly or by implication (1) affiliations
45.19with institutions or organizations, or (2) purposes or characteristics of institutions or
45.20organizations with which the social worker is or has been affiliated.

45.21    Sec. 41. [148E.200] COMPETENCE.
45.22    Subdivision 1. Competence. (a) A social worker must provide services and hold
45.23out as competent only to the extent the social worker's education, training, license,
45.24consultation received, supervision experience, or other relevant professional experience
45.25demonstrate competence in the services provided. A social worker must make a referral
45.26to a competent professional when the services required are beyond the social worker's
45.27competence or authorized scope of practice.
45.28    (b) When generally recognized standards do not exist with respect to an emerging
45.29area of practice, including but not limited to providing social work services through
45.30electronic means, a social worker must take the steps necessary, such as consultation or
45.31supervision, to ensure the competence of the social worker's work and to protect clients
45.32from harm.
45.33    Subd. 2. Supervision or consultation. Notwithstanding the completion of
45.34supervision requirements as specified in sections 148E.100 to 148E.125, a social worker
46.1must obtain supervision or engage in consultation when appropriate or necessary for
46.2competent and ethical practice.
46.3    Subd. 3. Delegation of social work responsibilities. (a) A social worker must not
46.4delegate a social work responsibility to another individual when the social worker knows
46.5or reasonably should know that the individual is not licensed when required to be licensed
46.6according to sections 148E.055 and 148E.060.
46.7    (b) A social worker must not delegate a social work responsibility to another
46.8individual when the social worker knows or reasonably should know that the individual is
46.9not competent to assume the responsibility or perform the task.

46.10    Sec. 42. [148E.205] IMPAIRMENT.
46.11    Subdivision 1. Grounds for action. The board has grounds to take action under
46.12sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable
46.13skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other
46.14materials, or as a result of any mental, physical, or psychological condition.
46.15    Subd. 2. Self-reporting. A social worker regulated by the board who is unable
46.16to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs,
46.17chemicals, or any other materials, or as a result of any mental, physical, or psychological
46.18condition, must report to the board or the health professionals services program.

46.19    Sec. 43. [148E.210] PROFESSIONAL AND ETHICAL CONDUCT.
46.20    The board has grounds to take action under sections 148E.255 to 148E.270 when a
46.21social worker:
46.22    (1) engages in unprofessional or unethical conduct, including any departure from
46.23or failure to conform to the minimum accepted ethical and other prevailing standards of
46.24professional social work practice, without actual injury to a social work client, intern,
46.25student, supervisee, or the public needing to be established;
46.26    (2) engages in conduct that has the potential to cause harm to a client, intern,
46.27student, supervisee, or the public;
46.28    (3) demonstrates a willful or careless disregard for the health, welfare, or safety of
46.29a client, intern, student, or supervisee; or
46.30    (4) engages in acts or conduct adversely affecting the applicant or licensee's current
46.31ability or fitness to engage in social work practice, whether or not the acts or conduct
46.32occurred while engaged in the practice of social work.

46.33    Sec. 44. [148E.215] RESPONSIBILITIES TO CLIENTS.
47.1    Subdivision 1. Responsibility to clients. A social worker's primary professional
47.2responsibility is to the client. A social worker must respect the client's interests, including
47.3the interest in self-determination, except when required to do otherwise by law.
47.4    Subd. 2. Nondiscrimination. A social worker must not discriminate against
47.5a client, intern, student, or supervisee or in providing services to a client, intern, or
47.6supervisee on the basis of age, gender, sexual orientation, race, color, national origin,
47.7religion, illness, disability, political affiliation, or social or economic status.
47.8    Subd. 3. Research. When undertaking research activities, a social worker must
47.9use accepted protocols for the protection of human subjects, including (1) establishing
47.10appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects'
47.11informed consent.

47.12    Sec. 45. [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS,
47.13AND OTHERS.
47.14    Subdivision 1. Social worker responsibility. (a) A social worker is responsible for
47.15acting professionally in relationships with clients or former clients. A client or a former
47.16client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or
47.17business relationship is not a defense to a violation of this section.
47.18    (b) When a relationship is permitted by this section, social workers who engage in
47.19such a relationship assume the full burden of demonstrating that the relationship will not
47.20be detrimental to the client or the professional relationship.
47.21    Subd. 2. Professional boundaries. A social worker must maintain appropriate
47.22professional boundaries with a client. A social worker must not engage in practices with
47.23clients that create an unacceptable risk of client harm or of impairing a social worker's
47.24objectivity or professional judgment. A social worker must not act or fail to act in a way
47.25that, as judged by a reasonable and prudent social worker, inappropriately encourages
47.26the client to relate to the social worker outside of the boundaries of the professional
47.27relationship, or in a way that interferes with the client's ability to benefit from social work
47.28services from the social worker.
47.29    Subd. 3. Misuse of professional relationship. A social worker must not use the
47.30professional relationship with a client, student, supervisee, or intern to further the social
47.31worker's personal, emotional, financial, sexual, religious, political, or business benefit or
47.32interests.
47.33    Subd. 4. Improper termination. A social worker must not terminate a professional
47.34relationship for the purpose of beginning a personal, sexual, or business relationship
47.35with a client.
48.1    Subd. 5. Personal relationship with a client. (a) Except as provided in paragraph
48.2(b), a social worker must not engage in a personal relationship with a client that creates a
48.3risk of client harm or of impairing a social worker's objectivity or professional judgment.
48.4    (b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal
48.5relationship with a client, the social worker must take appropriate precautions, such as
48.6consultation or supervision, to address the potential for risk of client harm or of impairing
48.7a social worker's objectivity or professional judgment.
48.8    Subd. 6. Personal relationship with a former client. A social worker may
48.9engage in a personal relationship with a former client after appropriate termination of the
48.10professional relationship, except:
48.11    (1) as prohibited by subdivision 8; or
48.12    (2) if a reasonable and prudent social worker would conclude after appropriate
48.13assessment that (i) the former client is emotionally dependent on the social worker or
48.14continues to relate to the social worker as a client, or (ii) the social worker is emotionally
48.15dependent on the client or continues to relate to the former client as a social worker.
48.16    Subd. 7. Sexual conduct with a client. A social worker must not engage in or
48.17suggest sexual conduct with a client.
48.18    Subd. 8. Sexual conduct with a former client. (a) A social worker who has
48.19engaged in diagnosing, counseling, or treating a client with mental, emotional, or
48.20behavioral disorders must not engage in or suggest sexual conduct with the former client
48.21under any circumstances for a period of two years following the termination of the
48.22professional relationship. After two years following the termination of the professional
48.23relationship, a social worker who has engaged in diagnosing, counseling, or treating a
48.24client with mental, emotional, or behavioral disorder must not engage in or suggest sexual
48.25conduct with the former client under any circumstances unless:
48.26    (1) the social worker did not intentionally or unintentionally coerce, exploit, deceive,
48.27or manipulate the former client at any time;
48.28    (2) the social worker did not represent to the former client that sexual conduct with
48.29the social worker is consistent with or part of the client's treatment;
48.30    (3) the social worker's sexual conduct was not detrimental to the former client at
48.31any time;
48.32    (4) the former client is not emotionally dependent on the social worker and does
48.33not continue to relate to the social worker as a client; and
48.34    (5) the social worker is not emotionally dependent on the client and does not
48.35continue to relate to the former client as a social worker.
49.1    (b) If there is an alleged violation of paragraph (a), the social worker assumes the
49.2full burden of demonstrating to the board that the social worker did not intentionally or
49.3unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's
49.4sexual conduct was not detrimental to the client at any time. Upon request, a social worker
49.5must provide information to the board addressing:
49.6    (1) the amount of time that has passed since termination of services;
49.7    (2) the duration, intensity, and nature of services;
49.8    (3) the circumstances of termination of services;
49.9    (4) the former client's emotional, mental, and behavioral history;
49.10    (5) the former client's current emotional, mental, and behavioral status;
49.11    (6) the likelihood of adverse impact on the former client; and
49.12    (7) the existence of actions, conduct, or statements made by the social worker during
49.13the course of services suggesting or inviting the possibility of a sexual relationship with
49.14the client following termination of services.
49.15    (c) A social worker who has provided social work services other than those
49.16described in paragraph (a) to a client must not engage in or suggest sexual conduct
49.17with the former client if a reasonable and prudent social worker would conclude after
49.18appropriate assessment that engaging in such behavior with the former client would create
49.19an unacceptable risk of harm to the former client.
49.20    Subd. 9. Sexual conduct with student, supervisee, or intern. (a) A social worker
49.21must not engage in or suggest sexual conduct with a student while the social worker has
49.22authority over any part of the student's academic program.
49.23    (b) A social worker supervising an intern must not engage in or suggest sexual
49.24conduct with the intern during the course of the internship.
49.25    (c) A social worker practicing social work as a supervisor must not engage in or
49.26suggest sexual conduct with a supervisee during the period of supervision.
49.27    Subd. 10. Sexual harassment. A social worker must not engage in any physical,
49.28oral, written, or electronic behavior that a client, former client, student, supervisee, or
49.29intern may reasonably interpret as sexually harassing or sexually demeaning.
49.30    Subd. 11. Business relationship with client. A social worker must not purchase
49.31goods or services from a client or otherwise engage in a business relationship with a
49.32client except when:
49.33    (1) a social worker purchases goods or services from the client and a reasonable and
49.34prudent social worker would determine that it is not practical or reasonable to obtain the
49.35goods or services from another provider; and
50.1    (2) engaging in the business relationship will not be detrimental to the client or the
50.2professional relationship.
50.3    Subd. 12. Business relationship with former client. A social worker may purchase
50.4goods or services from a former client or otherwise engage in a business relationship with
50.5a former client after appropriate termination of the professional relationship unless a
50.6reasonable and prudent social worker would conclude after appropriate assessment that:
50.7    (1) the former client is emotionally dependent on the social worker and purchasing
50.8goods or services from the former client or otherwise engaging in a business relationship
50.9with the former client would be detrimental to the former client; or
50.10    (2) the social worker is emotionally dependent on the former client and purchasing
50.11goods or services from the former client or otherwise engaging in a business relationship
50.12with the former client would be detrimental to the former client.
50.13    Subd. 13. Previous sexual, personal, or business relationship. (a) A social worker
50.14must not engage in a social worker/client relationship with an individual with whom the
50.15social worker had a previous sexual relationship.
50.16    (b) A social worker must not engage in a social worker/client relationship with an
50.17individual with whom the social worker had a previous personal or business relationship if
50.18a reasonable and prudent social worker would conclude after appropriate assessment that
50.19the social worker/client relationship would create an unacceptable risk of client harm or
50.20that the social worker's objectivity or professional judgment may be impaired.
50.21    Subd. 14. Giving alcohol or other drugs to client. (a) Unless authorized by law, a
50.22social worker must not offer medication or controlled substances to a client.
50.23    (b) A social worker must not accept medication or controlled substances from a
50.24client except that if authorized by law, a social worker may accept medication or controlled
50.25substances from a client for purposes of disposal or to monitor use.
50.26    (c) A social worker must not offer alcoholic beverages to a client except when
50.27the offer is authorized or prescribed by a physician or is offered according to a client's
50.28care plan.
50.29    (d) A social worker must not accept alcoholic beverages from a client.
50.30    Subd. 15. Relationship with client's family or household member. Subdivisions
50.311 to 14 apply to a social worker's relationship with a client's family or household member
50.32when a reasonable and prudent social worker would conclude after appropriate assessment
50.33that a relationship with a family or household member would create an unacceptable
50.34risk of harm to the client.

50.35    Sec. 46. [148E.225] TREATMENT AND INTERVENTION SERVICES.
51.1    Subdivision 1. Assessment or diagnosis. A social worker must base treatment and
51.2intervention services on an assessment or diagnosis. A social worker must evaluate, on an
51.3ongoing basis, the appropriateness of the assessment or diagnosis.
51.4    Subd. 2. Assessment or diagnostic instruments. A social worker must not use
51.5an assessment or diagnostic instrument without adequate training. A social worker
51.6must follow standards and accepted procedures for using an assessment or diagnostic
51.7instrument. A social worker must inform a client of the purpose before administering the
51.8instrument and must make the results available to the client.
51.9    Subd. 3. Plan for services. A social worker must develop a plan for services that
51.10includes goals based on the assessment or diagnosis. A social worker must evaluate, on an
51.11ongoing basis, the appropriateness of the plan and the client's progress toward the goals.
51.12    Subd. 4. Records. (a) A social worker must make and maintain current and
51.13accurate records, appropriate to the circumstances, of all services provided to a client. At
51.14a minimum, the records must contain documentation of:
51.15    (1) the assessment or diagnosis;
51.16    (2) the content of the service plan;
51.17    (3) progress with the plan and any revisions of assessment, diagnosis, or plan;
51.18    (4) any fees charged and payments made;
51.19    (5) copies of all client-written authorizations for release of information; and
51.20    (6) other information necessary to provide appropriate services.
51.21    (b) These records must be maintained by the social worker for at least seven years
51.22after the last date of service to the client. Social workers who are employed by an agency
51.23or other entity are not required to:
51.24    (1) maintain personal or separate records; or
51.25    (2) personally retain records at the conclusion of their employment.
51.26    Subd. 5. Termination of services. A social worker must terminate a professional
51.27relationship with a client when the social worker reasonably determines that the client
51.28is not likely to benefit from continued services or the services are no longer needed,
51.29unless the social worker is required by law to provide services. A social worker who
51.30anticipates terminating services must give reasonable notice to the client in a manner that
51.31is appropriate to the needs of the client. The social worker must provide appropriate
51.32referrals as needed or upon request of the client.

51.33    Sec. 47. [148E.230] CONFIDENTIALITY AND RECORDS.
51.34    Subdivision 1. Informed consent. (a) A social worker must obtain valid, informed
51.35consent, appropriate to the circumstances, before providing services to clients. When
52.1obtaining informed consent, the social worker must determine whether the client has the
52.2capacity to provide informed consent. If the client does not have the capacity to provide
52.3consent, the social worker must obtain consent for the services from the client's legal
52.4representative. The social worker must not provide services, unless authorized or required
52.5by law, if the client or the client's legal representative does not consent to the services.
52.6    (b) If a social worker determines that a client does not have the capacity to provide
52.7consent, and the client does not have a legal representative, the social worker:
52.8    (1) must, except as provided in clause (2), secure a legal representative for a client
52.9before providing services; or
52.10    (2) may, notwithstanding clause (1), provide services, except when prohibited by
52.11other applicable law, that are necessary to ensure the client's safety or to preserve the
52.12client's property or financial resources.
52.13    (c) A social worker must use clear and understandable language, including using an
52.14interpreter proficient in the client's primary language as necessary, to inform clients of
52.15the plan of services, risks related to the plan, limits to services, relevant costs, terms of
52.16payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the
52.17time frame covered by the consent.
52.18    Subd. 2. Mandatory reporting and disclosure of client information. At the
52.19beginning of a professional relationship and during the professional relationship as
52.20necessary and appropriate, a social worker must inform the client of those circumstances
52.21under which the social worker may be required to disclose client information specified in
52.22subdivision 3, paragraph (a), without the client's consent.
52.23    Subd. 3. Confidentiality of client information. (a) A social worker must ensure the
52.24confidentiality of all client information obtained in the course of the social worker/client
52.25relationship and all client information otherwise obtained by the social worker that is
52.26relevant to the social worker/client relationship. Except as provided in this section,
52.27client information may be disclosed or released only with the client's or the client's legal
52.28representative's valid informed consent, appropriate to the circumstances, except when
52.29otherwise required by law. A social worker must seek consent to disclose or release
52.30client information only when such disclosure or release is necessary to provide social
52.31work services.
52.32    (b) A social worker must continue to maintain confidentiality of the client
52.33information specified in paragraph (a) upon termination of the professional relationship
52.34including upon the death of the client, except as provided under this section or other
52.35applicable law.
53.1    (c) A social worker must limit access to the client information specified in paragraph
53.2(a) in a social worker's agency to appropriate agency staff whose duties require access.
53.3    Subd. 4. Release of client information with written informed consent. (a) Except
53.4as provided in subdivision 5, client information specified in subdivision 3, paragraph (a),
53.5may be released only with the client's or the client's legal representative's written informed
53.6consent. The written informed consent must:
53.7    (1) explain to whom the client's records may be released;
53.8    (2) explain the purpose for the release; and
53.9    (3) state an expiration date for the authorized release of the records.
53.10    (b) A social worker may provide client information specified in subdivision 3,
53.11paragraph (a), to a third party for the purpose of payment for services rendered only
53.12with the client's written informed consent.
53.13    (c) Except as provided in subdivision 5, a social worker may disclose client
53.14information specified in subdivision 3, paragraph (a), only with the client's or the client's
53.15legal representative's written informed consent. When it is not practical to obtain written
53.16informed consent before providing necessary services, a social worker may disclose
53.17or release client information with the client's or the client's legal representative's oral
53.18informed consent.
53.19    (d) Unless otherwise authorized by law, a social worker must obtain a client's written
53.20informed consent before taking a photograph of the client or making an audio or video
53.21recording of the client, or allowing a third party to do the same. The written informed
53.22consent must explain:
53.23    (1) the purpose of the photograph or the recording and how the photograph or
53.24recording will be used, how it will be stored, and when it will be destroyed; and
53.25    (2) how the client may have access to the photograph or recording.
53.26    Subd. 5. Release of client information without written informed consent. (a) A
53.27social worker may disclose client information specified in subdivision 3, paragraph (a),
53.28without the written consent of the client or the client's legal representative only under the
53.29following circumstances or under the circumstances described in paragraph (b):
53.30    (1) when mandated or authorized by federal or state law, including the mandatory
53.31reporting requirements under the duty to warn, maltreatment of minors, and vulnerable
53.32adult laws specified in section 148E.240, subdivisions 6 to 8;
53.33    (2) when the board issues a subpoena to the social worker; or
53.34    (3) when a court of competent jurisdiction orders release of the client records
53.35or information.
54.1    (b) When providing services authorized or required by law to a client who does
54.2not have the capacity to provide consent and who does not have a legal representative,
54.3a social worker must disclose or release client records or information as necessary to
54.4provide services to ensure the client's safety or to preserve the client's property or financial
54.5resources.
54.6    Subd. 6. Release of client records or information. When releasing client records
54.7or information under this section, a social worker must release current, accurate, and
54.8complete records or information.

54.9    Sec. 48. [148E.235] FEES AND BILLING PRACTICES.
54.10    Subdivision 1. Fees and payments. (a) A social worker must ensure that a client or
54.11a client's legal representative is informed of all fees at the initial session or meeting with
54.12the client, and that payment for services is arranged with the client or the client's legal
54.13representative at the beginning of the professional relationship. Upon request from a client
54.14or a client's legal representative, a social worker must provide in a timely manner a written
54.15payment plan or a written explanation of the charges for any services rendered.
54.16    (b) When providing services authorized or required by law to a client who does not
54.17have the capacity to provide consent and who does not have a legal representative, a social
54.18worker may submit reasonable bills to an appropriate payer for services provided.
54.19    Subd. 2. Billing for services not provided. A social worker must not bill for
54.20services that have not been provided except that, with prior notice to the client, a social
54.21worker may bill for failed appointments or for cancellations without sufficient notice. A
54.22social worker may bill only for provided services which are necessary and appropriate.
54.23Financial responsibility for failed appointment billings resides solely with the client and
54.24such costs may not be billed to public or private payers.
54.25    Subd. 3. No payment for referrals. A social worker must not accept or give a
54.26commission, rebate, or other form of remuneration solely or primarily to profit from the
54.27referral of a client.
54.28    Subd. 4. Fees and billing practices. A social worker must not engage in improper
54.29or fraudulent billing practices, including, but not limited to, violations of the federal
54.30Medicare and Medicaid laws or state medical assistance laws.

54.31    Sec. 49. [148E.240] REPORTING REQUIREMENTS.
54.32    Subdivision 1. Failure to self-report adverse actions. The board has grounds to
54.33take action under sections 148E.255 to 148E.270 when a social worker fails to report to
54.34the board within 90 days:
55.1    (1) having been disciplined, sanctioned, or found to have violated a state, territorial,
55.2provincial, or foreign licensing agency's laws or rules;
55.3    (2) having been convicted of committing a felony, gross misdemeanor, or
55.4misdemeanor reasonably related to the practice of social work;
55.5    (3) having had a finding or verdict of guilt, whether or not the adjudication of guilt
55.6is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor
55.7reasonably related to the practice of social work;
55.8    (4) having admitted to committing, or entering a no contest plea to committing, a
55.9felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social
55.10work; or
55.11    (5) having been denied licensure by a state, territorial, provincial, or foreign
55.12licensing agency.
55.13    Subd. 2. Failure to submit application information. The board has grounds to
55.14take action under sections 148E.255 to 148E.270 when an applicant or licensee fails to
55.15submit with an application the following information:
55.16    (1) the dates and dispositions of any malpractice settlements or awards made relating
55.17to the social work services provided by the applicant or licensee; or
55.18    (2) the dates and dispositions of any civil litigations or arbitrations relating to the
55.19social work services provided by the applicant or licensee.
55.20    Subd. 3. Reporting other licensed health professionals. An applicant or licensee
55.21must report to the appropriate health-related licensing board conduct by a licensed health
55.22professional which would constitute grounds for disciplinary action under the statutes
55.23and rules enforced by that board.
55.24    Subd. 4. Reporting unlicensed practice. An applicant or licensee must report
55.25to the board conduct by an unlicensed person which constitutes the practice of social
55.26work, as defined in section 148E.010, except when the unlicensed person is exempt from
55.27licensure according to section 148E.065.
55.28    Subd. 5. Failure to report other applicants or licensees; unlicensed practice.
55.29    The board has grounds to take action under sections 148E.255 to 148E.270 when an
55.30applicant or licensee fails to report to the board conduct:
55.31    (1) by another licensee or applicant which the applicant or licensee has reason to
55.32believe may reasonably constitute grounds for disciplinary action under this section; or
55.33    (2) by an unlicensed person that constitutes the practice of social work when a
55.34license is required to practice social work.
56.1    Subd. 6. Duty to warn. A licensee must comply with the duty to warn established
56.2by section 148.975.
56.3    Subd. 7. Reporting maltreatment of minors. An applicant or licensee must
56.4comply with the reporting of maltreatment of minors established by section 626.556.
56.5    Subd. 8. Reporting maltreatment of vulnerable adults. An applicant or licensee
56.6must comply with the reporting of maltreatment of vulnerable adults established by
56.7section 626.557.
56.8    Subd. 9. Subpoenas. The board may issue subpoenas according to section
56.9148E.245 and chapter 214 for the production of any reports required by this section or
56.10any related documents.

56.11    Sec. 50. [148E.245] INVESTIGATIVE POWERS AND PROCEDURES.
56.12    Subdivision 1. Subpoenas. (a) The board may issue subpoenas and compel the
56.13attendance of witnesses and the production of all necessary papers, books, records,
56.14documents, and other evidentiary material as part of its investigation of an applicant or
56.15licensee under this section or chapter 214.
56.16    (b) If any person fails or refuses to appear or testify regarding any matter about which
56.17the person may be lawfully questioned, or fails or refuses to produce any papers, books,
56.18records, documents, or other evidentiary materials in the matter to be heard, after having
56.19been required by order of the board or by a subpoena of the board to do so, the board may
56.20institute a proceeding in any district court to enforce the board's order or subpoena.
56.21    (c) The board or a designated member of the board acting on behalf of the board
56.22may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions
56.23may be taken within or out of the state in the manner provided by law for the taking of
56.24depositions in civil actions.
56.25    (d) A subpoena or other process or paper may be served upon any person named
56.26therein, by mail or by any officer authorized to serve subpoenas or other process or paper
56.27in civil actions, with the same fees and mileage and in the same manner as prescribed by
56.28law for service of process issued out of the district court of this state.
56.29    (e) Fees, mileage, and other costs must be paid as the board directs.
56.30    Subd. 2. Classification of data. (a) Any records obtained as part of an investigation
56.31must be treated as investigative data under section 13.41 and be classified as confidential
56.32data.
56.33    (b) Notwithstanding paragraph (a), client records must be treated as private data
56.34under chapter 13. Client records must be protected as private data in the records of the
57.1board and in administrative or judicial proceedings unless the client authorizes the board
57.2in writing to make public the identity of the client or a portion or all of the client's records.
57.3    Subd. 3. Mental or physical examination; chemical dependency evaluation. (a)
57.4If the board (1) has probable cause to believe that an applicant or licensee has violated
57.5a statute or rule enforced by the board, or an order issued by the board and (2) believes
57.6the applicant may have a health-related condition relevant to the violation, the board may
57.7issue an order directing the applicant or licensee to submit to one or more of the following:
57.8a mental examination, a physical examination, or a chemical dependency evaluation.
57.9    (b) An examination or evaluation order issued by the board must include:
57.10    (1) factual specifications on which the order is based;
57.11    (2) the purpose of the examination or evaluation;
57.12    (3) the name of the person or entity that will conduct the examination or evaluation;
57.13and
57.14    (4) the means by which the examination or evaluation will be paid for.
57.15    (c) Every applicant or licensee must submit to a mental examination, a physical
57.16examination, or a chemical dependency evaluation when ordered to do so in writing
57.17by the board.
57.18    (d) By submitting to a mental examination, a physical examination, or a chemical
57.19dependency evaluation, an applicant or licensee waives all objections to the admissibility
57.20of the examiner or evaluator's testimony or reports on the grounds that the testimony or
57.21reports constitute a privileged communication.
57.22    Subd. 4. Failure to submit to an examination. (a) If an applicant or licensee fails
57.23to submit to an examination or evaluation ordered by the board according to subdivision 3,
57.24unless the failure was due to circumstances beyond the control of the applicant or licensee,
57.25the failure is an admission that the applicant or licensee violated a statute or rule enforced
57.26by the board as specified in the examination or evaluation order issued by the board.
57.27The failure may result in an application being denied or other adversarial, corrective, or
57.28disciplinary action being taken by the board without a contested case hearing.
57.29    (b) If an applicant or licensee requests a contested case hearing after the board
57.30denies an application or takes other disciplinary or adversarial action, the only issues
57.31which may be determined at the hearing are:
57.32    (1) whether the board had probable cause to issue the examination or evaluation
57.33order; and
57.34    (2) whether the failure to submit to the examination or evaluation was due to
57.35circumstances beyond the control of the applicant or licensee.
58.1    (c) Neither the record of a proceeding under this subdivision nor an order issued
58.2by the board may be admissible, subject to subpoena, or be used against the applicant or
58.3licensee in a proceeding in which the board is not a party or decision maker.
58.4    (d) Information obtained under this subdivision must be treated as private data under
58.5chapter 13. An order issued by the board as the result of an applicant's or licensee's failure
58.6to submit to an examination or evaluation must be treated as public data under chapter 13.
58.7    Subd. 5. Access to data and records. (a) In addition to ordering a physical or
58.8mental examination or chemical dependency evaluation, and notwithstanding section
58.913.384, 144.651, 595.02, or any other statute limiting access to health records, the board
58.10or a designated member of the board acting on behalf of the board may subpoena physical,
58.11mental, and chemical dependency health records relating to an applicant or licensee
58.12without the applicant's or licensee's consent if:
58.13    (1) the board has probable cause to believe that the applicant or licensee has violated
58.14chapter 214, a statute or rule enforced by the board, or an order issued by the board; and
58.15    (2) the board has reason to believe that the records are relevant and necessary to the
58.16investigation.
58.17    (b) An applicant, licensee, insurance company, government agency, health care
58.18facility, or provider as defined in section 144.335, subdivision 1, paragraph (b), must
58.19comply with any subpoena of the board under this subdivision and is not liable in
58.20any action for damages for releasing information subpoenaed by the board under this
58.21subdivision unless the information provided is false and the person or entity providing the
58.22information knew or had reason to know that the information was false.
58.23    (c) Information on individuals obtained under this subdivision must be treated as
58.24investigative data under section 13.41 and be classified as confidential data.
58.25    (d) If an applicant, licensee, person, or entity does not comply with any subpoena of
58.26the board under this subdivision, the board may institute a proceeding in any district court
58.27to enforce the board's subpoena.
58.28    Subd. 6. Evidence of past sexual conduct. If, in a proceeding for taking action
58.29against an applicant or licensee under this section, the charges involve sexual contact with
58.30a client or former client, the board or administrative law judge must not consider evidence
58.31of the client's or former client's previous sexual conduct. Reference to the client's or
58.32former client's previous sexual conduct must not be made during the proceedings or in the
58.33findings, except by motion of the complainant, unless the evidence would be admissible
58.34under the applicable provisions of section 609.347, subdivision 3.
59.1    Subd. 7. Investigations involving vulnerable adults or children in need of
59.2protection. (a) Except as provided in paragraph (b), if the board receives a complaint
59.3about a social worker regarding the social worker's involvement in a case of vulnerable
59.4adults or children in need of protection, the county or other appropriate public authority
59.5may request that the board suspend its investigation, and the board must comply until such
59.6time as the court issues its findings on the case.
59.7    (b) Notwithstanding paragraph (a), the board may continue with an investigation if
59.8the board determines that doing so is in the best interests of the vulnerable adult or child
59.9and is consistent with the board's obligation to protect the public. If the board chooses to
59.10continue an investigation, the board must notify the county or other appropriate public
59.11authority in writing and state its reasons for doing so.
59.12    Subd. 8. Notification of complainant. (a) In no more than 14 calendar days after
59.13receiving a complaint regarding a licensee, the board must notify the complainant that the
59.14board has received the complaint.
59.15    (b) The board must periodically notify the complainant of the status of the complaint.
59.16    Subd. 9. Notification of licensee. (a) Except as provided in paragraph (b), in no
59.17more than 60 calendar days after receiving a complaint regarding a licensee, the board must
59.18notify the licensee that the board has received the complaint and inform the licensee of:
59.19    (1) the substance of the complaint;
59.20    (2) the sections of the law that allegedly have been violated; and
59.21    (3) whether an investigation is being conducted.
59.22    (b) Paragraph (a) does not apply if:
59.23    (1) the board determines that such notice would compromise the board's investigation
59.24according to section 214.10; or
59.25    (2) the board determines that such notice cannot reasonably be accomplished within
59.26this time.
59.27    (c) The board must periodically notify the licensee of the status of the complaint.
59.28    Subd. 10. Resolution of complaints. In no more than one year after receiving a
59.29complaint regarding a licensee, the board must resolve or dismiss the complaint unless
59.30the board determines that resolving or dismissing the complaint cannot reasonably be
59.31accomplished within this time.

59.32    Sec. 51. [148E.250] OBLIGATION TO COOPERATE.
59.33    Subdivision 1. Obligation to cooperate. An applicant or licensee who is the subject
59.34of an investigation, or who is questioned by or on behalf of the board in connection with
60.1an investigation, must cooperate fully with the investigation. Cooperation includes, but is
60.2not limited to:
60.3    (1) responding fully and promptly to any question relating to the investigation;
60.4    (2) as reasonably requested by the board, providing copies of client and other records
60.5in the applicant's or licensee's possession relating to the investigation;
60.6    (3) executing release of records as reasonably requested by the board; and
60.7    (4) appearing at conferences, hearings, or meetings scheduled by the board, as
60.8required in sections 148E.255 to 148E.270 and chapter 214.
60.9    Subd. 2. Investigation. A social worker must not knowingly withhold relevant
60.10information, give false or misleading information, or do anything to obstruct an
60.11investigation of the social worker or another social worker by the board or by another state
60.12or federal regulatory or law enforcement authority.
60.13    Subd. 3. Payment for copies. The board must pay for copies requested by the board.
60.14    Subd. 4. Access to client records. Notwithstanding any law to the contrary, an
60.15applicant or licensee must allow the board access to any records of a client provided
60.16services by the applicant or licensee under investigation. If the client has not signed a
60.17consent permitting access to the client's records, the applicant or licensee must delete any
60.18data in the records that identifies the client before providing the records to the board.
60.19    Subd. 5. Classification of data. Any records obtained according to this subdivision
60.20must be treated as investigative data according to section 13.41 and be classified as
60.21confidential data.

60.22    Sec. 52. [148E.255] TYPES OF ACTIONS.
60.23    Subdivision 1. Actions. The board may take disciplinary action according to
60.24section 148E.260, adversarial but nondisciplinary action according to section 148E.265,
60.25or voluntary action according to section 148E.270. Any action taken under sections
60.26148E.260 to 148E.270 is public data.
60.27    Subd. 2. Disciplinary action. For purposes of section 148E.260, "disciplinary
60.28action" means an action taken by the board against an applicant or licensee that addresses
60.29a complaint alleging a violation of a statute or rule the board is empowered to enforce.
60.30    Subd. 3. Adversarial but nondisciplinary action. For purposes of section
60.31148E.265, "adversarial but nondisciplinary action" means a nondisciplinary action taken
60.32by the board that addresses a complaint alleging a violation of a statute or rule the board
60.33is empowered to enforce.
61.1    Subd. 4. Voluntary action. For purposes of section 148E.270, "voluntary action"
61.2means a nondisciplinary action agreed to by the board or a designated board member and
61.3an applicant or licensee that, through educational or other corrective means, addresses a
61.4complaint alleging a violation of a statute or rule that the board is empowered to enforce.

61.5    Sec. 53. [148E.260] DISCIPLINARY ACTIONS.
61.6    Subdivision 1. General disciplinary actions. (a) When the board has grounds for
61.7disciplinary actions under this chapter, the board may take one or more of the following
61.8disciplinary actions:
61.9    (1) deny an application;
61.10    (2) permanently revoke a license to practice social work;
61.11    (3) indefinitely or temporarily suspend a license to practice social work;
61.12    (4) impose restrictions on a licensee's scope of practice;
61.13    (5) impose conditions required for the licensee to maintain licensure, including,
61.14but not limited to, additional education, supervision, and requiring the passing of an
61.15examination provided for in section 148E.055;
61.16    (6) reprimand a licensee;
61.17    (7) impose a civil penalty of up to $10,000 for each violation in order to discourage
61.18future violations or to deprive the licensee of any economic advantage gained by reason
61.19of the violation; or
61.20    (8) impose a fee to reimburse the board for all or part of the cost of the proceedings
61.21resulting in disciplinary action, including, but not limited to, the amount paid by the board
61.22for services received from or expenses incurred by the Office of Administrative Hearings,
61.23the Office of the Attorney General, court reporters, witnesses, board members, board staff,
61.24or the amount paid by the board for reproducing records.
61.25    (b) Disciplinary action taken by the board under this subdivision is in effect pending
61.26determination of an appeal unless the court, upon petition and for good cause shown,
61.27decides otherwise.
61.28    Subd. 2. Reprimands. (a) In addition to the board's authority to issue a reprimand
61.29according to subdivision 1, a designated board member reviewing a complaint as provided
61.30for in chapter 214 may issue a reprimand to a licensee. The designated board member
61.31must notify the licensee that the reprimand will become final disciplinary action unless the
61.32licensee requests a hearing by the board within 14 calendar days.
61.33    (b) If the licensee requests a hearing within 14 calendar days, the board must
61.34schedule a hearing unless the designated board member withdraws the reprimand.
61.35    (c) The hearing must be scheduled within 14 working days of the time the licensee
61.36submits a request for the hearing.
62.1    (d) The designated board member who issued the reprimand may participate in the
62.2hearing but must not deliberate or vote on the decision by the board.
62.3    (e) The only evidence permitted at the hearing is affidavits or other documents
62.4except for testimony by the licensee or other witnesses whose testimony the board chair
62.5has authorized for good cause.
62.6    (f) If testimony is authorized, the testimony is subject to cross-examination.
62.7    (g) After the hearing, the board must affirm or dismiss the reprimand.
62.8    Subd. 3. Temporary suspensions. (a) In addition to any other remedy provided
62.9by statute, the board or a designated board member may, without a hearing, temporarily
62.10suspend a license to practice social work if the board or the designated board member
62.11finds that:
62.12    (1) the licensee has violated a statute or rule enforced by the board, any other federal
62.13or state law or rule related to the practice of social work, or an order, stipulation, or
62.14agreement agreed to or issued by the board; and
62.15    (2) continued practice by the licensee would create a serious risk of harm to others.
62.16    (b) The suspension is in effect upon service of a written order on the licensee
62.17specifying the statute, rule, order, stipulation, or agreement violated. Service of the order
62.18is effective if the order is served on the licensee or the licensee's attorney personally or
62.19by first class mail to the most recent address provided to the board for the licensee or the
62.20licensee's attorney.
62.21    (c) The temporary suspension remains in effect until after the board issues an order
62.22according to paragraph (e), or if there is a contested case hearing, after the board issues a
62.23written final order according to paragraph (g).
62.24    (d) If the licensee requests in writing within five calendar days of service of the
62.25order that the board hold a hearing, the board must hold a hearing on the sole issue of
62.26whether to continue, modify, or lift the suspension. The board must hold the hearing
62.27within ten working days of receipt of the licensee's written request. Evidence presented
62.28by the board or licensee must be in affidavit form only, except that the licensee or the
62.29licensee's attorney may present oral argument.
62.30    (e) Within five working days after the hearing, the board must issue its order. If
62.31the licensee contests the order, the board must schedule a contested case hearing under
62.32chapter 14. The contested case hearing must be scheduled to occur within 45 calendar
62.33days after issuance of the order.
62.34    (f) The administrative law judge must issue a report within 30 calendar days after
62.35the contested case hearing is concluded.
63.1    (g) The board must issue a final order within 30 calendar days after the board
63.2receives the administrative law judge's report.

63.3    Sec. 54. [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS.
63.4    Subdivision 1. Automatic suspensions. (a) A license to practice social work is
63.5automatically suspended if:
63.6    (1) a guardian of a licensee is appointed by order of a court according to sections
63.7524.5-101 and 524.5.102; or
63.8    (2) the licensee is committed by order of a court according to chapter 253B.
63.9    (b) A license remains suspended until:
63.10    (1) the licensee is restored to capacity by a court; and
63.11    (2) upon petition by the licensee and after a hearing or an agreement with the
63.12licensee, the board terminates the suspension.
63.13    (c) If the board terminates the suspension, it may do so with or without conditions
63.14or restrictions, including, but not limited to, participation in the health professional
63.15services program.
63.16    Subd. 2. Cease and desist orders. (a) The board or a designated board member
63.17may issue a cease and desist order to stop a person from engaging in unauthorized practice
63.18or from violating or threatening to violate a statute or rule enforced by the board or an
63.19order, stipulation, or agreement agreed to or issued by the board.
63.20    (b) The cease and desist order must state the reason for its issuance and give notice
63.21of the person's right to request a hearing under sections 14.57 to 14.62. If the person fails
63.22to request a hearing in writing postmarked within 15 calendar days after service of the
63.23cease and desist order, the order is the final order of the board and is not reviewable by
63.24a court or agency.
63.25    (c) If the board receives a written request for a hearing postmarked within 15
63.26calendar days after service of the cease and desist order, the board must schedule a hearing
63.27within 30 calendar days of receiving the request.
63.28    (d) The administrative law judge must issue a report within 30 calendar days after
63.29the contested case hearing is concluded.
63.30    (e) Within 30 calendar days after the board receives the administrative law judge's
63.31report, the board must issue a final order modifying, vacating, or making permanent
63.32the cease and desist order. The final order remains in effect until modified or vacated
63.33by the board.
63.34    (f) If a person does not comply with a cease and desist order, the board may institute
63.35a proceeding in any district court to obtain injunctive relief or other appropriate relief,
64.1including but not limited to, a civil penalty payable to the board of up to $10,000 for
64.2each violation.
64.3    (g) A cease and desist order issued according to this subdivision does not relieve a
64.4person from criminal prosecution by a competent authority or from disciplinary action
64.5by the board.
64.6    Subd. 3. Injunctive relief. (a) In addition to any other remedy provided by law, the
64.7board may bring an action in district court for injunctive relief to restrain any unauthorized
64.8practice or violation or threatened violation of any statute or rule, stipulation, or agreement
64.9agreed to or enforced by the board or an order issued by the board.
64.10    (b) A temporary restraining order may be granted in the proceeding if continued
64.11activity by a person would create an imminent risk of harm to others.
64.12    (c) Injunctive relief granted according to this subdivision does not relieve a person
64.13from criminal prosecution by a competent authority or from disciplinary action by the
64.14board.
64.15    (d) In bringing an action for injunctive relief, the board need not show irreparable
64.16harm.

64.17    Sec. 55. [148E.270] VOLUNTARY ACTIONS.
64.18    Subdivision 1. Agreements for corrective action. (a) The board or a designated
64.19board member may enter into an agreement for corrective action with an applicant or
64.20licensee when the board or a designated board member determines that a complaint
64.21alleging a violation of a statute or rule enforced by the board or an order issued by the
64.22board may best be resolved through an agreement for corrective action when disciplinary
64.23action is not required to protect the public.
64.24    (b) An agreement for corrective action must:
64.25    (1) be in writing;
64.26    (2) specify the facts upon which the agreement is based;
64.27    (3) clearly indicate the corrective action agreed upon; and
64.28    (4) provide that the complaint that resulted in the agreement must be dismissed by the
64.29board or the designated board member upon successful completion of the corrective action.
64.30    (c) The board or designated board member may determine successful completion
64.31when the applicant or licensee submits a request for dismissal that documents the
64.32applicant's or licensee's successful completion of the corrective action. The burden of
64.33proof is on the applicant or licensee to prove successful completion.
64.34    (d) An agreement for corrective action is not disciplinary action but must be treated
64.35as public data under chapter 13.
65.1    (e) The board may impose a fee to reimburse the board for all or part of the costs
65.2of the proceedings resulting in a corrective action, including, but not limited to, the
65.3amount paid by the board for services received from or expenses incurred by the Office
65.4of the Attorney General, board members, board staff, or the amount paid by the board
65.5for reproducing records.
65.6    (f) The board or designated board member must not enter into an agreement for
65.7corrective action when the complaint alleged sexual conduct with a client unless there is
65.8insufficient evidence to justify disciplinary action but there is a basis for corrective action.
65.9    Subd. 2. Stipulations to cease practicing social work. (a) The board or a
65.10designated board member may enter into a stipulation to cease practicing social work with
65.11a licensee if the board or designated board member determines that the licensee is unable
65.12to practice social work competently or safely or that the social worker's continued practice
65.13creates an unacceptable risk of safety to clients, potential clients, or the public.
65.14    (b) A stipulation to cease practicing social work must:
65.15    (1) be in writing;
65.16    (2) specify the facts upon which the stipulation is based;
65.17    (3) clearly indicate that the licensee must not practice social work and must not hold
65.18out to the public that the social worker is licensed; and
65.19    (4) specify the term of the stipulation or when and under what circumstances the
65.20licensee may petition the board for termination of the stipulation.
65.21    (c) A stipulation to cease practicing social work is not disciplinary action but must
65.22be treated as public data under chapter 13.
65.23    (d) Nothing in this subdivision prevents the board or designated board member
65.24from taking any other disciplinary or adversarial action authorized by sections 148E.255
65.25to 148E.265 in lieu of or in addition to entering into a stipulation to cease practicing
65.26social work.

65.27    Sec. 56. [148E.275] UNAUTHORIZED PRACTICE.
65.28    No individual may:
65.29    (1) engage in the practice of social work without a social work license under
65.30sections 148E.055 and 148E.060, except when the individual is exempt from licensure
65.31according to section 148E.065;
65.32    (2) provide social work services to a client who resides in this state when the
65.33individual providing the services is not licensed as a social worker according to sections
65.34148E.055 to 148E.060, except when the individual is exempt from licensure according to
65.35section 148E.065.

66.1    Sec. 57. [148E.280] USE OF TITLES.
66.2    No individual may be presented to the public by any title incorporating the words
66.3"social work" or "social worker" or in the titles in section 148E.195, unless that individual
66.4holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt
66.5from licensure under section 148E.065.

66.6    Sec. 58. [148E.285] REPORTING REQUIREMENTS.
66.7    Subdivision 1. Institutions. A state agency, political subdivision, agency of a local
66.8unit of government, private agency, hospital, clinic, prepaid medical plan, or other health
66.9care institution or organization must report to the board:
66.10    (1) any adversarial action, disciplinary action, or other sanction for conduct that
66.11might constitute grounds for action under section 148E.190;
66.12    (2) the resignation of any applicant or licensee prior to the conclusion of any
66.13proceeding for adversarial action, disciplinary action, or other sanction for conduct that
66.14might constitute grounds for action under section 148E.190; or
66.15    (3) the resignation of any applicant or licensee prior to the commencement of a
66.16proceeding for adversarial action, disciplinary action, or other sanction for conduct that
66.17might constitute grounds for action under section 148E.190, but after the applicant or
66.18licensee had knowledge that a proceeding was contemplated or in preparation.
66.19    Subd. 2. Professional societies and associations. A state or local professional
66.20society or association whose members consist primarily of licensed social workers must
66.21report to the board any adversarial action, disciplinary action, or other sanction taken
66.22against a member.
66.23    Subd. 3. Immunity. An individual, professional society or association, state agency,
66.24political subdivision, agency of a local unit of government, private agency, hospital,
66.25clinic, prepaid medical plan, other health care institution or organization or other entity is
66.26immune from civil liability or criminal prosecution for submitting in good faith a report
66.27under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying
66.28about violations or alleged violations of this chapter.

66.29    Sec. 59. [148E.290] PENALTIES.
66.30    An individual or other entity that violates section 148E.275, 148E.280, or 148E.285
66.31is guilty of a misdemeanor.

66.32    Sec. 60. REPEALER.
66.33Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020;
66.34148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060;
66.35148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100;
67.1148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140;
67.2148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180;
67.3148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220;
67.4148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260;
67.5148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, are repealed
67.6effective August 1, 2011.

67.7    Sec. 61. EFFECTIVE DATE.
67.8    This act is effective August 1, 2011."