piers109uk/MN-Statutes huggingface dataset:
148.9965 DESIGNATION OF DOULA CERTIFICATION ORGANIZATIONS BY COMMISSIONER.
The commissioner shall periodically review the doula certification organizations listed in section 148.995, subdivision 2, or designated by the commissioner under this section. The commissioner may: (1) designate additional organizations from which individuals, if maintaining current doula certification from such an organization, are eligible for inclusion on the registry of certified doulas; and (2) remove the designation of a doula certification organization previously designated by the commissioner.
A doula certification organization seeking designation under this section shall provide the commissioner with evidence that the organization satisfies designation criteria established by the commissioner. If the commissioner designates a doula certification organization under this section, the commissioner shall provide notice of the designation by publication in the State Register and on the Department of Health website for the registry of certified doulas and shall specify the date after which a certification by the organization authorizes a doula certified by the organization to be included on the registry.
(a) The commissioner may remove the designation of a doula certification organization previously designated by the commissioner under this section upon a determination by the commissioner that the organization does not meet the commissioner's criteria for designation. If the commissioner removes a designation, the commissioner shall provide notice of the removal by publication in the State Register and shall specify the date after which a certification by the organization no longer authorizes a doula certified by the organization to be included on the registry.
(b) Following removal of a designation, the Department of Health website for the registry of certified doulas shall be modified to reflect the removal.
148.997 FEES.
(a) The application fee is $185.
(b) The criminal background check fee is $15.
The fees in this section are nonrefundable.
Fees received under sections 148.995 to 148.997 shall be deposited in the state government special revenue fund.
148.9981 DEFINITIONS.
For the purposes of sections 148.9981 to 148.9995, the terms in this section have the meanings given.
"Accredited school or educational program" means a school, university, college, or other postsecondary education program that, at the time the student completes the program, is accredited by a regional accrediting association whose standards are substantially equivalent to those of the North Central Association of Colleges and Postsecondary Education Institutions or an accrediting association that evaluates schools of behavior analysis, psychology, or education for inclusion of the education, practicum, and core function standards.
"Advisory council" means the Behavior Analyst Advisory Council established in section 148.9994.
"Board" means the Board of Psychology established in section 148.90.
"Certifying entity" means the Behavior Analyst Certification Board, Inc., or a successor organization or other organization approved by the board in consultation with the advisory council.
"Client" means an individual who is the recipient of behavior analysis services. Client also means "patient" as defined in section 144.291, subdivision 2, paragraph (g).
"Licensed behavior analyst" or "behavior analyst" means an individual who holds a valid license issued under sections 148.9981 to 148.9995 to engage in the practice of applied behavior analysis.
"Licensee" means an individual who holds a valid license issued under sections 148.9981 to 148.9995.
(a) "Practice of applied behavior analysis" means the design, implementation, and evaluation of social, instructional, and environmental modifications to produce socially significant improvements in human behavior. The practice of applied behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional behavioral assessment and analysis. Applied behavior analysis interventions are based on scientific research, direct and indirect observation, and measurement of behavior and environment and utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other procedures to help individuals develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific social, instructional, and environmental conditions.
(b) The practice of applied behavior analysis does not include the diagnosis of psychiatric or mental health disorders, psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, hypnotherapy, psychoanalysis, or psychological counseling.
148.9982 DUTIES OF THE BOARD OF PSYCHOLOGY.
The board, in consultation with the advisory council, must:
(1) adopt and enforce standards for licensure, licensure renewal, and the regulation of behavior analysts;
(2) issue licenses to qualified individuals under sections 148.9981 to 148.9995;
(3) carry out disciplinary actions against licensed behavior analysts;
(4) educate the public about the existence and content of the regulations for behavior analyst licensing to enable consumers to file complaints against licensees who may have violated laws or rules the board is empowered to enforce; and
(5) collect license fees for behavior analysts as specified under section 148.9995.
The board, in consultation with the advisory council, may adopt rules necessary to carry out the provisions of sections 148.9981 to 148.9995.
148.9984 LICENSE RENEWAL REQUIREMENTS.
A license must be renewed every two years.
At least 60 calendar days before the renewal deadline date, the board must mail a renewal notice to the licensee's last known address on file with the board. The notice must include instructions for accessing an online application for license renewal, the renewal deadline, and notice of fees required for renewal. The licensee's failure to receive notice does not relieve the licensee of the obligation to meet the renewal deadline and other requirements for license renewal.
(a) To renew a license, a licensee must submit to the board:
(1) a completed and signed application for license renewal;
(2) the license renewal fee as specified under section 148.9995; and
(3) evidence satisfactory to the board that the licensee holds a current and active national certification as a behavior analyst from the certifying entity or otherwise meets renewal requirements as established by the board, in consultation with the advisory council.
(b) The application for license renewal and fee must be postmarked or received by the board by the end of the day on which the license expires or the following business day if the expiration date falls on a Saturday, Sunday, or holiday. A renewal application that is not completed and signed, or that is not accompanied by the correct fee, is void and must be returned to the licensee.
If a licensee's application for license renewal is postmarked or received by the board by the end of the business day on the expiration date of the license or the following business day if the expiration date falls on a Saturday, Sunday, or holiday, the licensee may continue to practice after the expiration date while the application for license renewal is pending with the board.
If the application for license renewal is postmarked or received after the expiration date of the license or the following business day if the expiration date falls on a Saturday, Sunday, or holiday, the licensee must pay a biennial renewal late fee as specified by section 148.9995, in addition to the renewal fee, before the licensee's application for license renewal will be considered by the board.
148.9985 EXPIRED LICENSE.
(a) Within 30 days after the renewal date, a licensee who has not renewed their license must be notified by letter, sent to the last known address of the licensee in the board's file, that the renewal is overdue and that failure to pay the current fee and current biennial renewal late fee within 60 days after the renewal date will result in termination of the license.
(b) The board must terminate the license of a licensee whose license renewal is at least 60 days overdue and to whom notification has been sent as provided in paragraph (a). Failure of a licensee to receive notification is not grounds for later challenge of the termination. The former licensee must be notified of the termination by letter within seven days after board action, in the same manner as provided in paragraph (a).
(c) Notwithstanding paragraph (b), the board retains jurisdiction over a former licensee for complaints received after termination of a license regarding conduct that occurred during licensure.
148.9983 REQUIREMENTS FOR LICENSURE.
An individual seeking licensure as a behavior analyst must complete and submit a written application on forms provided by the board together with the appropriate fee as specified under section 148.9995.
An applicant for licensure as a behavior analyst must submit evidence satisfactory to the board that the applicant:
(1) has a current and active national certification as a board-certified behavior analyst issued by the certifying entity; or
(2) has completed the equivalent requirements for certification by the certifying entity, including satisfactorily passing a psychometrically valid examination administered by a nationally accredited credentialing organization.
The applicant must complete a background check pursuant to section 214.075.
148.9986 PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
Effective January 1, 2025, an individual must not engage in the practice of applied behavior analysis unless the individual is licensed under sections 148.9981 to 148.9995 as a behavior analyst or is exempt under section 148.9987. A psychologist licensed under sections 148.88 to 148.981 who practices behavior analysis is not required to obtain a license as a behavior analyst under sections 148.9981 to 148.9995.
(a) An individual must not use a title incorporating the words "licensed behavior analyst," or "behavior analyst," or use any other title or description stating or implying that they are licensed or otherwise qualified to practice applied behavior analysis, unless that person holds a valid license under sections 148.9981 to 148.9995.
(b) Notwithstanding paragraph (a), a licensed psychologist who practices applied behavior analysis within the psychologist's scope of practice may use the title "behavior analyst," but must not use the title "licensed behavior analyst" unless the licensed psychologist holds a valid license as a behavior analyst issued under sections 148.9981 to 148.9995.
An individual who violates this section is guilty of a misdemeanor.
148.9988 NONTRANSFERABILITY OF LICENSES.
A behavior analyst license is not transferable.
148.9987 EXCEPTIONS TO LICENSE REQUIREMENT.
(a) Sections 148.9981 to 148.9995 must not be construed to prohibit or restrict:
(1) the practice of an individual who is licensed to practice psychology in the state or an individual who is providing psychological services under the supervision of a licensed psychologist in accordance with section 148.925;
(2) the practice of any other profession or occupation licensed, certified, or registered by the state by an individual duly licensed, certified, or registered to practice the profession or occupation or to perform any act that falls within the scope of practice of the profession or occupation;
(3) an individual who is employed by a school district from providing behavior analysis services as part of the individual's employment with the school district, so long as the individual does not provide behavior analysis services to any person or entity other than as an employee of the school district or accept remuneration for the provision of behavior analysis services outside of the individual's employment with the school district;
(4) an employee of a program licensed under chapter 245D from providing the services described in section 245D.091, subdivision 1;
(5) teaching behavior analysis or conducting behavior analysis research if the teaching or research does not involve the direct delivery of behavior analysis services;
(6) providing behavior analysis services by an unlicensed supervisee or trainee under the authority and direction of a licensed behavior analyst and in compliance with the licensure and supervision standards required by law or rule;
(7) a family member or guardian of the recipient of behavior analysis services from performing behavior analysis services under the authority and direction of a licensed behavior analyst; or
(8) students or interns enrolled in an accredited school or educational program, or participating in a behavior analysis practicum, from engaging in the practice of applied behavior analysis while supervised by a licensed behavior analyst or instructor of an accredited school or educational program. These individuals must be designated as a behavior analyst student or intern.
(b) Notwithstanding paragraph (a), a licensed psychologist may supervise an unlicensed supervisee, trainee, student, or intern who is engaged in the practice of behavior analysis if the supervision is authorized under the Minnesota Psychology Practice Act.
148.9991 COMPETENT PROVISION OF SERVICES.
Behavior analysts must limit practice to the client populations and services for which the behavior analysts have competence or for which the behavior analysts are developing competence.
When a behavior analyst is developing competence in a service, method, or procedure, or is developing competence to treat a specific client population, the behavior analyst must obtain professional education, training, continuing education, consultation, supervision or experience, or a combination thereof, necessary to demonstrate competence.
A behavior analyst must recognize the limitations to the scope of practice of applied behavior analysis. When the needs of a client appear to be outside the behavior analyst's scope of practice, the behavior analyst must inform the client that there may be other professional, technical, community, and administrative resources available to the client. A behavior analyst must assist with identifying resources when it is in the best interest of a client to be provided with alternative or complementary services.
Whenever a complaint is submitted to the board involving a violation of this section, the burden of proof is on the behavior analyst to demonstrate that the elements of competence have been reasonably met.
148.9994 BEHAVIOR ANALYST ADVISORY COUNCIL.
The Behavior Analyst Advisory Council is created and composed of five members appointed by the board. The advisory council consists of:
(1) one public member as defined in section 214.02;
(2) three members who are licensed behavior analysts; and
(3) one member who is a licensed psychologist and, to the extent practicable, who practices applied behavior analysis.
The advisory council is established and administered under section 15.059, except that the advisory council does not expire.
The advisory council must:
(1) advise the board regarding standards for behavior analysts;
(2) assist with the distribution of information regarding behavior analyst standards;
(3) advise the board on enforcement of sections 148.9981 to 148.9995;
(4) review license applications and license renewal applications and make recommendations to the board;
(5) review complaints and complaint investigation reports and make recommendations to the board on whether disciplinary action should be taken and, if applicable, what type;
(6) advise the board regarding evaluation and treatment protocols; and
(7) perform other duties authorized for advisory councils under chapter 214 as directed by the board to ensure effective oversight of behavior analysts.
148.9993 INFORMED CONSENT.
A behavior analyst must obtain informed consent from the client or the client's legal guardian before initiating services. The informed consent must be in writing, signed by the client, and include, at a minimum, the following:
(1) consent for the behavior analyst to engage in activities that directly affect the client;
(2) the goals, purposes, and procedures of the proposed services;
(3) the factors that may impact the duration of the proposed services;
(4) the applicable fee schedule for the proposed services;
(5) the significant risks and benefits of the proposed services;
(6) the behavior analyst's limits under section 148.9991, including, if applicable, information that the behavior analyst is developing competence in the proposed service, method, or procedure, and alternatives to the proposed service, if any; and
(7) the behavior analyst's responsibilities if the client terminates the service.
If there is a substantial change in the nature or purpose of a service, the behavior analyst must obtain a new informed consent from the client.
Informed consent is not required when a behavior analyst is providing emergency or crisis services. If services continue after the emergency or crisis has abated, informed consent must be obtained.
148.999 DISCIPLINE; REPORTING.
For purposes of sections 148.9981 to 148.9995, behavior analysts are subject to the provisions of sections 148.941, 148.952 to 148.965, and 148.98.
604.20 DEFINITIONS.
The definitions in this section apply to sections 604.20 to 604.205.
"Emotionally dependent" means that the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the psychotherapist are such that the psychotherapist knows or has reason to believe that the patient or former patient is unable to withhold consent to sexual contact by the psychotherapist.
"Former patient" means a person who was given psychotherapy within two years prior to sexual contact with the psychotherapist.
"Patient" means a person who seeks or obtains psychotherapy.
"Psychotherapist" means a physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, licensed professional counselor, or other person, whether or not licensed by the state, who performs or purports to perform psychotherapy.
"Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
"Sexual contact" means any of the following, whether or not occurring with the consent of a patient or former patient:
(1) sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, into the genital or anal openings of the patient's or former patient's body by any part of the psychotherapist's body or by any object used by the psychotherapist for this purpose, or any intrusion, however slight, into the genital or anal openings of the psychotherapist's body by any part of the patient's or former patient's body or by any object used by the patient or former patient for this purpose, if agreed to by the psychotherapist;
(2) kissing of, or the intentional touching by the psychotherapist of the patient's or former patient's genital area, groin, inner thigh, buttocks, or breast or of the clothing covering any of these body parts;
(3) kissing of, or the intentional touching by the patient or former patient of the psychotherapist's genital area, groin, inner thigh, buttocks, or breast or of the clothing covering any of these body parts if the psychotherapist agrees to the kissing or intentional touching.
"Sexual contact" includes requests by the psychotherapist for conduct described in clauses (1) to (3).
"Sexual contact" does not include conduct described in clause (1) or (2) that is a part of standard medical treatment of a patient.
"Therapeutic deception" means a representation by a psychotherapist that sexual contact with the psychotherapist is consistent with or part of the patient's or former patient's treatment.
148.9992 DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT BEHAVIOR OF PATIENT.
(a) For the purposes of this section, the terms in this subdivision have the meanings given.
(b) "Other person" means an immediate family member or someone who personally knows the client and has reason to believe the client is capable of and will carry out a serious, specific threat of harm to a specific, clearly identified or identifiable victim.
(c) "Reasonable efforts" means communicating a serious, specific threat to the potential victim and, if unable to make contact with the potential victim, communicating the serious, specific threat to the law enforcement agency closest to the potential victim or the client.
(d) "Licensee" has the meaning given in section 148.9981 and includes behavior analysis students, interns, and unlicensed supervisees who are participating in a behavior analysis practicum or enrolled in an accredited school or educational program.
The duty to predict, warn of, or take reasonable precautions to provide protection from violent behavior arises only when a client or other person has communicated to the licensee a specific, serious threat of physical violence against a specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty is discharged by the licensee if reasonable efforts are made to communicate the threat.
If no duty to warn exists under subdivision 2, then no monetary liability and no cause of action may arise against a licensee for failure to predict, warn of, or take reasonable precautions to provide protection from a client's violent behavior.
Good faith compliance with the duty to warn must not constitute a breach of confidence and must not result in monetary liability or a cause of action against the licensee.
Subdivision 2 must not be construed to authorize a licensee to terminate treatment of a client as a direct result of a client's violent behavior or threat of physical violence unless the client is referred to another practitioner or appropriate health care facility.
This section does not apply to a threat to commit suicide or other threats by a client to harm the client, or to a threat by a client who is adjudicated as a person who has a mental illness and is dangerous to the public under chapter 253B.
This section must not be construed to prohibit a licensee from disclosing confidences to third parties in a good faith effort to warn or take precautions against a client's violent behavior or threat to commit suicide for which a duty to warn does not arise.
No monetary liability and no cause of action or disciplinary action by the board may arise against a licensee for disclosure of confidences to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure of confidences to third parties in a good faith effort to warn against or take precautions against a client's violent behavior or threat of suicide for which a duty to warn does not arise.
148.9989 DUTY TO MAINTAIN CURRENT INFORMATION.
All licensees and applicants for licensure must notify the board within 30 days of the occurrence of:
(1) a change of name, address, place of employment, or home or business telephone number; or
(2) a change in any other application information.
148.9995 FEES.
All applicants and licensees must pay fees as follows:
(1) application fee, $225;
(2) license renewal fee, $225;
(3) inactive license renewal fee, $125;
(4) biennial renewal late fee, $100;
(5) inactive license renewal late fee, $100; and
(6) supervisor application processing fee, $225.
All fees in this section are nonrefundable.
Fees collected by the board under this section must be deposited in the state government special revenue fund.
604.202 LIABILITY OF EMPLOYER.
(a) An employer of a psychotherapist may be liable under section 604.201 if:
(1) the employer fails or refuses to take reasonable action when the employer knows or has reason to know that the psychotherapist engaged in sexual contact with the plaintiff or any other patient or former patient of the psychotherapist; or
(2) the employer fails or refuses to make inquiries of an employer or former employer, whose name and address have been disclosed to the employer and who employed the psychotherapist as a psychotherapist within the last five years, concerning the occurrence of sexual contacts by the psychotherapist with patients or former patients of the psychotherapist.
(b) An employer or former employer of a psychotherapist may be liable under section 604.201 if the employer or former employer:
(1) knows of the occurrence of sexual contact by the psychotherapist with patients or former patients of the psychotherapist;
(2) receives a specific written request by another employer or prospective employer of the psychotherapist, engaged in the business of psychotherapy, concerning the existence or nature of the sexual contact; and
(3) fails or refuses to disclose the occurrence of the sexual contacts.
(c) An employer or former employer may be liable under section 604.201 only to the extent that the failure or refusal to take any action required by paragraph (a) or (b) was a proximate and actual cause of any damages sustained.
(d) No cause of action arises, nor may a licensing board in this state take disciplinary action, against a psychotherapist's employer or former employer who in good faith complies with this section.
604.201 CAUSE OF ACTION FOR SEXUAL EXPLOITATION.
A cause of action against a psychotherapist for sexual exploitation exists for a patient or former patient for injury caused by sexual contact with the psychotherapist, if the sexual contact occurred:
(1) during the period the patient was receiving psychotherapy from the psychotherapist; or
(2) after the period the patient received psychotherapy from the psychotherapist if (a) the former patient was emotionally dependent on the psychotherapist; or (b) the sexual contact occurred by means of therapeutic deception.
The patient or former patient may recover damages from a psychotherapist who is found liable for sexual exploitation. It is not a defense to the action that sexual contact with a patient occurred outside a therapy or treatment session or that it occurred off the premises regularly used by the psychotherapist for therapy or treatment sessions.
604.203 SCOPE OF DISCOVERY.
In an action for sexual exploitation, evidence of the plaintiff's sexual history is not subject to discovery except when the plaintiff claims damage to sexual functioning; or
(1) the defendant requests a hearing prior to conducting discovery and makes an offer of proof of the relevancy of the history; and
(2) the court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect.
The court shall allow the discovery only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is subject to discovery.
604.204 ADMISSION OF EVIDENCE.
In an action for sexual exploitation, evidence of the plaintiff's sexual history is not admissible except when:
(1) the defendant requests a hearing prior to trial and makes an offer of proof of the relevancy of the history; and
(2) the court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect.
The court shall allow the admission only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is admissible and no other such evidence may be introduced.
Violation of the terms of the order may be grounds for a new trial.
148B.06 TAX CLEARANCE CERTIFICATE.
MS 2018 [Repealed, 2019 c 52 s 20]
In lieu of the notice and hearing requirements of section 148B.371, when a licensee or applicant is required to obtain a clearance certificate under this subdivision, a contested case hearing must be held if the licensee or applicant requests a hearing in writing to the commissioner of revenue within 30 days of the date of the notice required in subdivision 1. The hearing must be held within 45 days of the date the commissioner of revenue refers the case to the Office of Administrative Hearings. Notwithstanding any other law, the licensee or applicant must be served with 20 days' notice in writing specifying the time and place of the hearing and the allegations against the licensee or applicant. The notice may be served personally or by mail.
The board shall require all licensees or applicants to provide their Social Security number and Minnesota business identification number on all license applications. Upon request of the commissioner of revenue, the board must provide to the commissioner of revenue a list of all licensees and applicants, including the name and address, Social Security number, and business identification number. The commissioner of revenue may request a list of the licensees and applicants no more than once each calendar year.
604.205 LIMITATION PERIOD.
An action for sexual exploitation shall be commenced within five years after the cause of action arises.
148E.001 CITATION.
This chapter may be cited as the "Minnesota Board of Social Work Practice Act."
148E.015 SCOPE.
This chapter applies to all applicants and licensees, all persons who use the title social worker, and all persons who engage in the practice of social work, as defined in section 148E.010, in this state, regardless of the practitioner's or client's location, unless there are specific applicable exemptions provided by law.
148E.020 CHAPTER 214.
Chapter 214 applies to the Board of Social Work unless superseded by this chapter.
148E.025 BOARD OF SOCIAL WORK.
The Board of Social Work consists of 15 members appointed by the governor. The members are:
(1) ten social workers licensed according to section 148E.055; and
(2) five public members as defined in section 214.02.
(a) All social worker members must have engaged in the practice of social work in Minnesota for at least one year during the ten years preceding their appointments.
(b) The ten social worker members must include at least:
(1) three licensed social workers;
(2) two licensed independent clinical social workers; and
(3) two licensed graduate social workers or licensed independent social workers.
(c) Five social worker members must be engaged at the time of their appointment in the practice of social work in Minnesota in the following settings:
(1) one member must be engaged in the practice of social work in either a county or state agency;
(2) one member must be engaged in the practice of social work in an elementary, middle, or secondary school;
(3) one member must be engaged in the practice of social work in a health care setting;
(4) one member must be engaged in the practice of social work in a private setting; and
(5) one member must be an educator engaged in regular teaching duties at a program of social work accredited by the Council on Social Work Education or a similar accreditation body that the board designates.
(d) At the time of their appointments, at least six members must reside outside of the 11-county metropolitan area.
(e) At the time of their appointments, at least five members must be members of:
(1) a community of color; or
(2) an underrepresented community, as defined in section 148E.010, subdivision 20.
The board must biennially elect from its membership a chair, vice-chair, and secretary-treasurer.
The board must adopt bylaws to govern its proceedings.
The board must appoint and employ an executive director who is not a member of the board. The employment of the executive director shall be subject to the terms described in section 214.04, subdivision 2a.
148E.030 DUTIES OF THE BOARD.
The board must perform the duties necessary to promote and protect the public health, safety, and welfare through the licensure and regulation of persons who practice social work in this state. These duties include, but are not limited to:
(1) establishing the qualifications and procedures for individuals to be licensed as social workers;
(2) establishing standards of practice for social workers;
(3) holding examinations or contracting with the Association of Social Work Boards or a similar examination body designated by the board to hold examinations to assess applicants' qualifications;
(4) issuing licenses to qualified individuals according to sections 148E.055 and 148E.060;
(5) taking disciplinary, adversarial, corrective, or other action according to sections 148E.255 to 148E.270 when an individual violates the requirements of this chapter;
(6) assessing fees according to sections 148E.175 and 148E.180; and
(7) educating social workers and the public on the requirements of the board.
The board may adopt and enforce rules to carry out the duties specified in subdivision 1.
148E.035 VARIANCES.
If the effect of a requirement according to this chapter is unreasonable, impossible to execute, absurd, or would impose an extreme hardship on a licensee, the board may grant a variance if the variance is consistent with promoting and protecting the public health, safety, and welfare. A variance must not be granted for core licensing standards such as substantive educational and examination requirements.
148E.040 IMMUNITY.
Board members, board employees, and persons engaged on behalf of the board are immune from civil liability for any actions, transactions, or publications in the lawful execution of or relating to their duties under this chapter.
148E.050 LICENSING; SCOPE OF PRACTICE.
The practice of social work must comply with the requirements of subdivision 2, 3, 4, or 5.
A licensed social worker may engage in social work practice except that a licensed social worker must not engage in clinical practice.
A licensed graduate social worker may engage in social work practice except that a licensed graduate social worker must not engage in clinical practice except under the supervision of a licensed independent clinical social worker or an alternate supervisor according to section 148E.120.
A licensed independent social worker may engage in social work practice except that a licensed independent social worker must not engage in clinical practice except under the supervision of a licensed independent clinical social worker or an alternate supervisor according to section 148E.120.
A licensed independent clinical social worker may engage in social work practice, including clinical practice.
148E.0551 PROVISIONAL LICENSES.
An applicant may be issued a provisional license if the applicant:
(1) has met the requirements of section 148E.055, subdivision 2, clauses (1), (3), (4), (5), and (6); subdivision 3, clauses (1), (3), (4), (5), and (6); subdivision 4, clauses (1), (2), (4), (5), (6), and (7); or subdivision 5, paragraph (a), clauses (1), (2), (3), (5), (6), (7), and (8); and
(2) complies with the requirements of subdivisions 2 to 7.
(a) A provisional license is valid until expiration, or until the board issues or denies a license under section 148E.055, or until the board revokes the provisional license, whichever occurs first.
(b) A provisional license expires three years after the effective date of the license.
A licensee who is issued a provisional license must comply with the requirements of section 148E.050.
A licensee who is issued a provisional license must pay the appropriate license fee specified in section 148E.180.
A licensee who is issued a provisional license must document supervised practice as provided in section 148E.116. If a licensee issued a provisional license is granted a license under section 148E.055, the licensee must also meet the supervised practice requirements in sections 148E.100 to 148E.115. The supervised practice completed under a provisional license does not apply to this requirement.
(a) After being issued a provisional license under subdivision 1, the licensee's supervisor must submit an evaluation every six months during the first 2,000 hours of social work practice. The evaluation must meet the requirements in section 148E.126. The supervisor must meet the eligibility requirements specified in section 148E.116.
(b) After completion of 2,000 hours of supervised social work practice, the licensee's supervisor must submit a final evaluation and attest to the applicant's ability to engage in the practice of social work competently and ethically.
Upon completion of the requirements for a provisional license under subdivisions 1 to 6, an applicant shall not practice social work in Minnesota except as provided in section 148E.065, unless licensed according to section 148E.055.
A licensee who is issued a provisional license is subject to the grounds for disciplinary action under section 148E.190. The board may also take action according to sections 148E.260 to 148E.270 if:
(1) the licensee's supervisor does not submit an evaluation as required by section 148E.126;
(2) an evaluation submitted according to section 148E.126 indicates that the licensee cannot practice social work competently and ethically; or
(3) the licensee does not comply with the requirements of subdivisions 1 to 7.
MS 2022 [Repealed, 2024 c 127 art 23 s 12]
148E.065 EXEMPTIONS.
Nothing in this chapter may be construed to prevent members of other professions or occupations from performing functions for which they are qualified or licensed. This exception includes but is not limited to: licensed physicians, registered nurses, licensed practical nurses, licensed psychologists, psychological practitioners, probation officers, members of the clergy and Christian Science practitioners, attorneys, marriage and family therapists, alcohol and drug counselors, professional counselors, school counselors, and licensed occupational therapists or licensed occupational therapist assistants. These persons must not, however, hold themselves out to the public by any title or description stating or implying that they are engaged in the practice of social work, or that they are licensed to engage in the practice of social work. Persons engaged in the practice of social work are not exempt from the board's jurisdiction solely by the use of one of the titles in this subdivision.
An internship, externship, or any other social work experience that is required for the completion of an accredited program of social work does not constitute the practice of social work under this chapter. Students exempted under this section may use the title "social work intern."
MS 2010 [Repealed, 2012 c 197 art 1 s 19]
MS 2014 [Expired, 2012 c 197 art 1 s 11]
Beginning July 1, 2016, the licensure of city, county, and state agency social workers is voluntary, except an individual who is newly employed by a city or state agency after July 1, 2016, must be licensed if the individual who provides social work services, as those services are defined in section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title incorporating the words "social work" or "social worker."
MS 2014 [Expired, 2012 c 197 art 1 s 13]
(a) The licensure of social workers who are employed by federally recognized tribes is voluntary.
(b) The licensure of private, nonprofit, nontribal agency social workers whose primary service focus addresses ethnic minority populations, and who are themselves members of ethnic minority populations within those agencies, is voluntary until July 1, 2016, when newly employed individuals who practice social work must be licensed as required under section 148E.055, subdivision 1.
148E.0751 TEMPORARY LEAVE LICENSE STATUS.
(a) At the time of license renewal, a licensee may apply for temporary leave license status by:
(1) submitting a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified;
(2) paying the fee specified in section 148E.180; and
(3) demonstrating to the satisfaction of the board that the licensee is not engaged in the practice of social work as defined in section 148E.010, subdivisions 6 and 11, in any setting, including settings in which social workers are exempt from licensure according to section 148E.065.
(b) By submitting an application for temporary leave license status, an applicant authorizes the board to:
(1) investigate any information provided or requested in the application. The board may request that the applicant provide additional information, verification, or documentation;
(2) determine if the applicant has met the continuing education requirements specified in sections 148E.130 to 148E.145; and
(3) determine whether the applicant has met the supervision requirements specified in sections 148E.100 to 148E.125.
(c) An application that the applicant has not completed and signed, or that is not accompanied by the correct fee, is void. The board must return the application to the applicant, along with any fee.
(a) A temporary leave license status may not exceed four consecutive years. If a licensee fails to restore the license to active status according to section 148E.080, the license automatically expires at the end of the four-year term.
(b) The board must send a notice to a licensee at least 45 days before the expiration date of the temporary leave license status. The board may send the renewal notice to the licensee's last known mailing address or electronically.
A licensee with temporary leave license status may restore their license to active license status according to section 148E.080, including documenting required continuing education hours.
A licensee who has temporary leave license status: (1) must not practice, attempt to practice, offer to practice, or advertise or hold out as being authorized to practice social work; and (2) must include "temporary leave" in any use of the license credential LSW, LGSW, LISW, or LICSW.
The board may resolve any pending complaints against a licensee before approving an application for temporary leave license status specified in this section. The board may take action according to sections 148E.255 to 148E.290 against a licensee who has temporary leave license status specified in this section based on conduct occurring before the temporary leave license status or conduct occurring while the license is in temporary leave license status.
148E.0752 EMERITUS INACTIVE LICENSE STATUS.
(a) At the time of license renewal, a licensee may apply for emeritus inactive license status by:
(1) submitting a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that board has specified;
(2) paying the fee specified in section 148E.180; and
(3) demonstrating to the satisfaction of the board that the licensee is retired from social work practice as defined in section 148E.010, subdivisions 6 and 11, and will not engage in the practice of social work in any setting, including settings in which social workers are exempt from licensure according to section 148E.065.
(b) By submitting an application for emeritus inactive license status, an applicant authorizes the board to:
(1) investigate any information provided or requested in the application. The board may request that the applicant provide additional information, verification, or documentation;
(2) determine if the applicant has met the continuing education requirements specified in sections 148E.130 to 148E.145; and
(3) determine whether the applicant has met the supervision requirements specified in sections 148E.100 to 148E.125.
(c) An application that the applicant has not completed and signed, or that is not accompanied by the correct fee, is void. The board must return the application to the applicant, along with any fee.
(a) A licensee with emeritus inactive license status may restore their license status to active license status during the first four years of the emeritus inactive status according to section 148E.080, including documenting required continuing education hours.
(b) A licensee in emeritus inactive status is not eligible to restore their license to active status after four years. The licensee may reapply for a license according to section 148E.055.
A licensee who has emeritus inactive license status: (1) must not practice, attempt to practice, offer to practice, or advertise or hold out as being authorized to practice social work; and (2) must include "emeritus inactive" in any use of the license credential LSW, LGSW, LISW, or LICSW.
The board may resolve any pending complaints against a licensee before approving an application for emeritus inactive license status specified in this section. The board may take action according to sections 148E.255 to 148E.290 against a licensee who has emeritus inactive license status specified in this section based on conduct occurring before the emeritus inactive license status or conduct occurring while the license is in emeritus inactive status.
148E.085 VOLUNTARY TERMINATION LICENSE STATUS.
(a) A licensee may apply for voluntary termination of a license if the licensee:
(1) submits a completed, signed application on a form that the board has provided. For electronic applications, a "signed application" means providing an attestation that the board has specified. An application that the applicant has not completed and signed is void. The board must return the application to the applicant. No fee is required to voluntarily terminate a license; and
(2) demonstrates to the satisfaction of the board that the licensee is not engaged in the practice of social work as defined in section 148E.010, subdivisions 6 and 11, in any setting except when the individual is exempt from licensure according to section 148E.065.
(b) By submitting an application for voluntary termination, an applicant authorizes the board to:
(1) investigate any information provided or requested in the application. The board may request that the applicant provide additional information, verification, or documentation;
(2) determine if the applicant has met the continuing education requirements specified in section 148E.130; and
(3) determine whether the applicant has met the supervision requirements specified in sections 148E.100 to 148E.125.
A licensee who has voluntarily terminated a license: (1) may restore the license according to section 148E.080; or (2) may reapply for a license according to section 148E.055.
A licensee who has voluntarily terminated a license: (1) must not use the credentials LSW, LGSW, LISW, or LICSW; and (2) must not practice, attempt to practice, offer to practice, or advertise or hold out as authorized to practice social work, except when the individual is exempt from licensure according to section 148E.065.
The board may resolve any pending complaints against a licensee before approving a request for voluntary termination. The board may take action according to sections 148E.255 to 148E.290 against a licensee who voluntarily terminated their license based on conduct occurring before the license was voluntarily terminated.
148E.090 NAME; CHANGE OF NAME OR ADDRESS.
A licensee must use the licensee's legal name or a professional name. If the licensee uses a professional name, the licensee must inform the board in writing of both the licensee's professional name and legal name and must comply with the requirements of this section.
Within 30 days after changing the licensee's legal name, a licensee must:
(1) request a new license wall certificate;
(2) provide legal verification of the name change; and
(3) pay the license wall certificate fee specified in section 148E.180.
Within 30 days after changing the licensee's professional name, a licensee must:
(1) request a new license wall certificate;
(2) provide a notarized statement attesting to the name change; and
(3) pay the license wall certificate fee specified in section 148E.180.
When a licensee changes a mailing address, home address, work address, email address, or daytime public telephone number, the licensee must notify the board of the change electronically or in writing no more than 30 days after the date of the change.
148E.095 LICENSE CERTIFICATE.
(a) The board must issue a new license wall certificate when the board issues a new license. No fee in addition to the applicable license fee specified in section 148E.180 is required.
(b) To request a duplicate license wall certificate, the licensee must:
(1) submit a request for another license wall certificate in writing; and
(2) submit the license wall certificate fee specified in section 148E.180.
MS 2018 [Repealed, 2020 c 79 art 3 s 50]