reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.39 — Privileged Communications; Exceptions.

148B.39 PRIVILEGED COMMUNICATIONS; EXCEPTIONS.
A person licensed under sections 148B.29 to 148B.392 and employees and professional associates of the person cannot be required to disclose any information that the person, employee, or associate may have acquired in rendering marriage and family therapy services, unless:
(1) disclosure is required by other state laws;
(2) failure to disclose the information presents a clear and present danger to the health or safety of an individual;
(3) the person, employee, or associate is a party defendant to a civil, criminal, or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;
(4) the patient is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; and
(5) a patient agrees to a waiver of the privilege accorded by this section, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, a marital and family therapist cannot disclose information received by a family member.
History:
1987 c 347 art 3 s 11; 2019 c 52 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.392 — Fees.

148B.392 FEES.
Subdivision 1.
Fees; Board of Marriage and Family Therapy.
The board's fees, including late fees, for licenses and renewals are established so that the total fees collected by the board will as closely as possible equal anticipated expenditures during the fiscal biennium, as provided in section 16A.1285. Fees must be deposited in the state government special revenue fund.
Subd. 2.
Licensure and application fees.
Licensure and application fees established by the board shall not exceed the following amounts:
(1) application fee for national examination is $150;
(2) application fee for Licensed Marriage and Family Therapist (LMFT) state examination is $150;
(3) initial LMFT license fee is prorated, but cannot exceed $225;
(4) annual renewal fee for LMFT license is $225;
(5) late fee for LMFT license renewal is $100;
(6) application fee for LMFT licensure by reciprocity is $300;
(7) fee for initial Licensed Associate Marriage and Family Therapist (LAMFT) license is $100;
(8) annual renewal fee for LAMFT license is $100;
(9) late fee for LAMFT renewal is $50;
(10) fee for reinstatement of license is $150;
(11) fee for emeritus status is $225; and
(12) fee for temporary license for members of the military is $100.
Subd. 3.
Other fees.
Other fees charged by the board are as follows:
(1) sponsor application fee for approval of a continuing education course is $60;
(2) fee for license verification by mail is $10;
(3) duplicate license fee is $25;
(4) duplicate renewal card fee is $10;
(5) fee for licensee mailing list is $60;
(6) fee for a rule book is $10; and
(7) fees as authorized by section 148B.37, subdivision 1, paragraph (b), clause (7).
Subd. 4.
Nonrefundable fees.
All fees in this section are nonrefundable.
History:
2019 c 52 s 19; 2023 c 70 art 6 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.50 — Definitions.

148B.50 DEFINITIONS.
Subdivision 1.
Applicability.
For the purposes of sections 148B.50 to 148B.593, the following terms have the meanings given.
Subd. 2.
Approved supervisor.
"Approved supervisor" means a licensed professional counselor, licensed psychologist, or other qualified supervisor as determined by the board, who has four years of professional counseling experience and documents to the board the completion of a training in counseling supervision that included content and experiences relevant to the supervision of professional counselors.
Subd. 3.
Board.
"Board" means the Board of Behavioral Health and Therapy established by section 148B.51.
Subd. 4.
Licensed professional counseling.
"Licensed professional counseling" means the application of counseling, human development, and mental health research, principles, and procedures to maintain and enhance the mental health, development, personal and interpersonal effectiveness, and adjustment to work and life of individuals and families.
Subd. 5.
Scope of practice.
(a) The scope of practice of a licensed professional counselor includes, but is not limited to:
(1) the implementation of professional counseling treatment interventions including evaluation, treatment planning, assessment, and referral;
(2) direct counseling services to individuals, groups, and families;
(3) counseling strategies that effectively respond to multicultural populations;
(4) knowledge of relevant laws and ethics impacting practice;
(5) crisis intervention;
(6) consultation; and
(7) program evaluation and applied research.
(b) For the purposes of paragraph (a), clause (1), "professional counseling treatment interventions" means the application of cognitive, affective, behavioral, systemic, and community counseling strategies which include principles of human development, wellness, and pathology. Counselors provide mental health services for clients whose symptoms significantly interfere with daily functioning and would most likely not improve in a reasonable time period without intervention.
(c) Licensed professional counseling does not include activities or services undertaken by persons listed in section 148B.592, or the performance of any act that licensed professional counselors are not educated and trained to perform.
History:
2003 c 118 s 4; 2007 c 123 s 37
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.51 — Board Of Behavioral Health And Therapy.

148B.51 BOARD OF BEHAVIORAL HEALTH AND THERAPY.
(a) The Board of Behavioral Health and Therapy consists of 13 members appointed by the governor. Five of the members shall be professional counselors licensed or eligible for licensure under sections 148B.50 to 148B.593. Five of the members shall be alcohol and drug counselors licensed under chapter 148F. Three of the members shall be public members as defined in section 214.02. The board shall annually elect from its membership a chair and vice-chair. The board shall 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. Chapter 214 applies to the Board of Behavioral Health and Therapy unless superseded by sections 148B.50 to 148B.593.
(b) At the time of their appointments, at least three members must reside outside of the seven-county metropolitan area.
(c) At the time of their appointments, at least three members must be members of:
(1) a community of color; or
(2) an underrepresented community, defined as a group that is not represented in the majority with respect to race, ethnicity, national origin, sexual orientation, gender identity, or physical ability.
History:
2003 c 118 s 5; 2004 c 279 art 11 s 5; 2012 c 197 art 2 s 44; 1Sp2021 c 7 art 4 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.52 — Duties Of The Board.

148B.52 DUTIES OF THE BOARD.
(a) The Board of Behavioral Health and Therapy shall:
(1) establish by rule appropriate techniques, including examinations and other methods, for determining whether applicants and licensees are qualified under sections 148B.50 to 148B.593;
(2) establish by rule standards for professional conduct, including adoption of a Code of Professional Ethics and requirements for continuing education and supervision;
(3) issue licenses to individuals qualified under sections 148B.50 to 148B.593;
(4) establish by rule standards for initial education including coursework for licensure and content of professional education;
(5) establish, maintain, and publish annually a register of current licensees and approved supervisors;
(6) establish initial and renewal application and examination fees sufficient to cover operating expenses of the board and its agents in accordance with section 16A.1283;
(7) educate the public about the existence and content of the laws and rules for licensed professional counselors to enable consumers to file complaints against licensees who may have violated the rules; and
(8) periodically evaluate its rules in order to refine the standards for licensing professional counselors and to improve the methods used to enforce the board's standards.
(b) The board may appoint a professional discipline committee for each occupational licensure regulated by the board, and may appoint a board member as chair. The professional discipline committee shall consist of five members representative of the licensed occupation and shall provide recommendations to the board with regard to rule techniques, standards, procedures, and related issues specific to the licensed occupation.
History:
2003 c 118 s 6; 2004 c 279 art 5 s 1; 1Sp2011 c 9 art 5 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.531 — Postdegree Completion Of Degree Requirements For Licensure.

148B.531 POSTDEGREE COMPLETION OF DEGREE REQUIREMENTS FOR LICENSURE.
An individual whose degree upon which licensure is to be based included less than 48 semester hours or 72 quarter hours, who did not complete 700 hours of supervised professional practice as part of the degree program, or who did not complete course work in all of the content areas required by section 148B.53, subdivision 1, paragraph (b), may complete these requirements postdegree in order to obtain licensure, if:
(1) all course work and field experiences are completed through an institution of higher education that is accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation (CHEA) or through a counseling program recognized by the Council for Accreditation of Counseling and Related Education Programs (CACREP);
(2) all course work and field experiences are taken and passed for credit; and
(3) no more than 20 semester credits or 30 quarter credits are completed postdegree for purposes of licensure unless the credits are earned as part of an organized sequence of study.
History:
2005 c 147 art 5 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.532 — Degrees From Foreign Institutions.

148B.532 DEGREES FROM FOREIGN INSTITUTIONS.
Subdivision 1.
Scope and documentation.
In addition to meeting all other licensure requirements, an applicant for licensure whose degree was received from a foreign degree program that is not recognized by the Council for Accreditation of Counseling and Related Education Programs (CACREP) or from a foreign institution of higher education that is not accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation (CHEA) must fulfill the requirements of this section, providing certified English translations of board-required relevant documentation.
Subd. 2.
Education evaluation.
An applicant for licensure as a licensed professional counselor must present evidence of completion of a degree equivalent to that required in section 148B.53, subdivision 1, paragraphs (a), clause (3), and (b). An applicant for licensure as a licensed professional clinical counselor must present evidence of completion of a degree equivalent to that required in section 148B.5301, subdivision 1, paragraph (a), clause (3). This evidence must be evaluated by the board with the assistance of a credentials evaluation service familiar with educational standards and professional qualification. The evaluation must be sent directly to the board from the evaluating agency. Agencies providing evaluation services must be accepted by the National Board for Certified Counselors, Inc. The applicant shall be responsible for the expenses incurred as a result of the evaluation.
History:
2007 c 123 s 41
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.54 — License Renewal Requirements.

148B.54 LICENSE RENEWAL REQUIREMENTS.
Subdivision 1.
Renewal.
Licensees shall renew licenses at the time and in the manner established by the rules of the board.
Subd. 2.
Continuing education.
(a) At the completion of the first four years of licensure, a licensee must provide evidence satisfactory to the board of completion of 12 additional postgraduate semester credit hours or its equivalent in counseling as determined by the board, except that no licensee shall be required to show evidence of greater than 60 semester hours or its equivalent. In addition to completing the requisite graduate coursework, each licensee shall also complete in the first four years of licensure a minimum of 40 hours of continuing education activities approved by the board under Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the first four years of licensure may be applied to both the graduate credit requirement and to the requirement for 40 hours of continuing education activities. A licensee may receive 15 continuing education hours per semester credit hour or ten continuing education hours per quarter credit hour. Thereafter, at the time of renewal, each licensee shall provide evidence satisfactory to the board that the licensee has completed during each two-year period at least the equivalent of 40 clock hours of professional postdegree continuing education in programs approved by the board and continues to be qualified to practice under sections 148B.50 to 148B.593.
(b) At least four of the required 40 continuing education clock hours must be on increasing the knowledge, understanding, self-awareness, and practice skills that enable a licensed professional counselor and licensed professional clinical counselor to serve clients from diverse socioeconomic and cultural backgrounds. Topics include but are not limited to:
(1) understanding culture, culture's functions, and strengths that exist in varied cultures;
(2) understanding clients' cultures and differences among and between cultural groups;
(3) understanding the nature of social diversity and oppression; and
(4) understanding cultural humility.
Subd. 3.
Relicensure following termination.
An individual whose license was terminated and who can demonstrate completion of the graduate credit requirement in subdivision 2, does not need to comply with the continuing education requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing education requirements for relicensure following termination in Minnesota Rules, part 2150.0130, subpart 2. This section does not apply to an individual whose license has been canceled.
History:
2003 c 118 s 8; 2004 c 279 art 5 s 4; 2005 c 147 art 5 s 4; 2010 c 248 s 1; 2012 c 197 art 3 s 4,5; 1Sp2021 c 7 art 4 s 11
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.56 — Reciprocity.

148B.56 RECIPROCITY.
Subdivision 1.
Persons licensed in another jurisdiction for less than five years.
The board may issue a license to an individual who holds a current license or other credential from another jurisdiction if the board finds that the requirements for that credential are substantially similar to the requirements in sections 148B.50 to 148B.593.
Subd. 2.
Persons licensed in another jurisdiction for five or more years.
(a) The board may issue a license to an individual who holds a current license or other credential in good standing from another jurisdiction if the board finds that the individual has been in active practice for a minimum of five years after receiving licensure or other credential.
(b) The board shall determine, based on the individual's experience and qualifications, whether the individual is granted the licensed professional counselor license or the licensed professional clinical counselor license.
History:
2003 c 118 s 10; 2019 c 28 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.561 — Retaliatory Provisions.

148B.561 RETALIATORY PROVISIONS.
If by the laws of any state or the rulings or decisions of the appropriate officers or boards thereof, any burden, obligation, requirement, disqualification, or disability is put upon licensed professional counselors licensed and in good standing in this state, affecting the right of these licensed professional counselors to be registered or licensed in that state, then the same or like burden, obligation, requirement, disqualification, or disability may be put upon the licensure in this state of licensed professional counselors registered in that state.
History:
2005 c 147 art 5 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.5901 — Temporary Suspension Of License.

148B.5901 TEMPORARY SUSPENSION OF LICENSE.
(a) In addition to any other remedy provided by law, the board may issue an order to temporarily suspend the credentials of a licensee after conducting a preliminary inquiry to determine if the board reasonably believes that the licensee has violated a statute or rule that the board is empowered to enforce and whether continued practice by the licensee would create an imminent risk of harm to others.
(b) The order may prohibit the licensee from engaging in the practice of licensed professional counseling in whole or in part and may condition the end of a suspension on the licensee's compliance with a statute, rule, or order that the board has issued or is empowered to enforce.
(c) The order shall give notice of the right to a hearing according to this subdivision and shall state the reasons for the entry of the order.
(d) Service of the order is effective when the order is served on the licensee personally or by certified mail, which is complete upon receipt, refusal, or return for nondelivery to the most recent address provided to the board for the licensee.
(e) At the time the board issues a temporary suspension order, the board shall schedule a hearing to be held before its own members. The hearing shall begin no later than 60 days after issuance of the temporary suspension order or within 15 working days of the date of the board's receipt of a request for hearing by a licensee, on the sole issue of whether there is a reasonable basis to continue, modify, or lift the temporary suspension. The hearing is not subject to chapter 14. Evidence presented by the board or the licensee shall be in affidavit form only. The licensee or counsel of record may appear for oral argument.
(f) Within five working days of the hearing, the board shall issue its order and, if the suspension is continued, schedule a contested case hearing within 30 days of the issuance of the order. Notwithstanding chapter 14, the administrative law judge shall issue a report within 30 days after closing the contested case hearing record. The board shall issue a final order within 30 days of receipt of the administrative law judge's report.
History:
2005 c 147 art 5 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.5905 — Mental, Physical, Or Substance Use Disorder Examination Or Evaluation; Access To Medical Data.

148B.5905 MENTAL, PHYSICAL, OR SUBSTANCE USE DISORDER EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.
(a) If the board has probable cause to believe section 148B.59, paragraph (a), clause (9), applies to a licensee or applicant, the board may direct the person to submit to a mental, physical, or substance use disorder examination or evaluation. For the purpose of this section, every licensee and applicant is deemed to have consented to submit to a mental, physical, or substance use disorder examination or evaluation when directed in writing by the board and to have waived all objections to the admissibility of the examining professionals' testimony or examination reports on the grounds that the testimony or examination reports constitute a privileged communication. Failure of a licensee or applicant to submit to an examination when directed by the board constitutes an admission of the allegations against the person, unless the failure was due to circumstances beyond the person's control, in which case a default and final order may be entered without the taking of testimony or presentation of evidence. A licensee or applicant affected under this paragraph shall at reasonable intervals be given an opportunity to demonstrate that the person can resume the competent practice of licensed professional counseling with reasonable skill and safety to the public. In any proceeding under this paragraph, neither the record of proceedings nor the orders entered by the board shall be used against a licensee or applicant in any other proceeding.
(b) In addition to ordering a physical or mental examination, the board may, notwithstanding section 13.384, 144.651, or any other law limiting access to medical or other health data, obtain medical data and health records relating to a licensee or applicant without the licensee's or applicant's consent if the board has probable cause to believe that section 148B.59, paragraph (a), clause (9), applies to the licensee or applicant. The medical data may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph (i); an insurance company; or a government agency, including the Department of Human Services. A provider, insurance company, or government agency shall comply with any written request of the board under this subdivision and is not liable in any action for damages for releasing the data requested by the board if the data are released pursuant to a written request under this subdivision, unless the information is false and the provider giving the information knew, or had reason to believe, the information was false. Information obtained under this subdivision is classified as private under sections 13.01 to 13.87.
History:
2005 c 147 art 5 s 9; 2007 c 147 art 10 s 15; 2020 c 83 art 2 s 11; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.591 — Prohibition Against Unlicensed Practice Or Use Of Titles.

148B.591 PROHIBITION AGAINST UNLICENSED PRACTICE OR USE OF TITLES.
Subdivision 1.
Practice.
After October 11, 2005, no individual may engage in the practice of licensed professional counseling unless that individual holds a valid license or is exempt from licensure under section 148B.592.
Subd. 2.
Use of titles.
After October 11, 2005, no individual may be presented to the public by any title or practice incorporating the words "licensed professional counselor" or "LPC" unless that individual holds a valid license issued under sections 148B.50 to 148B.593.
History:
2003 c 118 s 13; 2013 c 125 art 1 s 34
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.5915 — Professional Cooperation; Applicant Or Licensee.

148B.5915 PROFESSIONAL COOPERATION; APPLICANT OR LICENSEE.
An applicant or a licensee who is the subject of an investigation or who is questioned in connection with an investigation by or on behalf of the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation, executing all releases requested by the board, providing copies of client and other records in the applicant's or licensee's possession relating to the matter under investigation and executing releases for records, as reasonably requested by the board, and appearing at conferences or hearings scheduled by the board. The board shall pay for copies requested. The board shall be allowed access to any records of a client provided services by the applicant or licensee under review. If the client has not signed a consent permitting access to the client's records, the applicant or licensee shall delete any data in the record that identifies the client before providing them to the board. The board shall maintain any records obtained under this section as investigative data pursuant to chapter 13.
History:
2004 c 279 art 5 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.5916 — Immunity.

148B.5916 IMMUNITY.
Subdivision 1.
Reporting.
A person, health care facility, business, or organization is immune from civil liability or criminal prosecution for reporting to the board violations or alleged violations of sections 148B.50 to 148B.593. All such reports are classified under section 13.41.
Subd. 2.
Investigation.
Members of the board, persons employed by the board, and consultants retained by the board for the purpose of investigation of violations or the preparation and management of charges of violations of this chapter on behalf of the board are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under sections 148B.50 to 148B.593.
History:
2004 c 279 art 5 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.592 — Exceptions To License Requirement.

148B.592 EXCEPTIONS TO LICENSE REQUIREMENT.
Subdivision 1.
Other professionals.
Nothing in sections 148B.50 to 148B.593 prevents 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, probation officers, attorneys, social workers, marriage and family therapists, qualified rehabilitation consultants, natural family planning practitioners certified by the American Academy of Natural Family Planning, and registered occupational therapists or certified occupational therapist assistants. These persons must not, however, use a title incorporating the words "licensed professional counselor" or otherwise hold themselves out to the public by any title or description stating or implying that they are licensed to engage in the practice of professional counseling unless they are licensed under sections 148B.50 to 148B.593.
Subd. 2.
Students.
Nothing in sections 148B.50 to 148B.593 prevents a student, intern, or trainee enrolled in an accredited program of professional counseling from engaging in professional counseling as part of the supervised course of study if the person is identified as a "counselor intern."
Subd. 3.
Government agencies; educational institutions.
Nothing in sections 148B.50 to 148B.593 limits the activities and services of, or use of, an official title by a person employed as a counselor by a federal, state, county, or municipal agency, or public or private educational institution if the person is performing the activities within the scope of the person's employment.
Subd. 4.
Unlicensed practitioners.
(a) MS 2002 [Expired, 2003 c 118 s 14 subd 4 para (a)]
(b) Nothing in this section limits the authority of unlicensed complementary and alternative health care practitioners to perform services under chapter 146A.
Subd. 5.
Nonresidents.
A nonresident may engage in the practice of professional counseling within the state without a license for up to 30 days during any calendar year if the nonresident is authorized to provide the services under the law of the state or country of residence and the nonresident has provided proof of credentials to the board, been found qualified to render services in the state, and been granted permission by the board to practice.
Subd. 6.
Clergy.
Nothing in sections 148B.50 to 148B.593 limits the activities and services of a rabbi, priest, minister, or clergyperson of any religious denomination or sect, provided such activities and services are within the scope of the performance of regular or specialized ministerial duties.
Subd. 7.
Nonprofit organizations and charities.
Nothing in sections 148B.50 to 148B.593 limits the activities, services, and descriptions of persons offering volunteer or professional services for public or private nonprofit organizations or charities.
History:
2003 c 118 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.5925 — Assessment Tool Security.

148B.5925 ASSESSMENT TOOL SECURITY.
Notwithstanding section 144.292, subdivisions 2 and 5, a provider shall not be required to provide copies of assessment tools, assessment tool materials, or scoring keys to any individual who has completed an assessment tool or to an individual not qualified to administer, score, and interpret the assessment tool, if the provider reasonably determines that access would compromise the objectivity, fairness, or integrity of the testing process for the individual or others. If the provider makes this determination, the provider shall, at the discretion of the individual who has completed the assessment tool, release the information either to another provider who is qualified to administer, score, and interpret the assessment tool or furnish a summary of the assessment tool results to the individual or to a third party designated by the individual.
History:
2005 c 147 art 5 s 10; 2007 c 147 art 10 s 15
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148B — Marriage And Family Therapy, Professional Counseling › Section 148B.593 — Disclosure Of Information.

148B.593 DISCLOSURE OF INFORMATION.
(a) A person licensed under sections 148B.50 to 148B.593 may not disclose without written consent of the client any communication made by the client to the licensee in the course of the practice of professional counseling, nor may any employee of the licensee reveal the information without the consent of the employer or client except as provided under section 626.557 or chapter 260E.
(b) For purposes of sections 148B.50 to 148B.593, the confidential relations and communications between the licensee and a client are placed upon the same basis as those that exist between a licensed psychologist and client. Nothing in sections 148B.50 to 148B.593 may be construed to require any communications to be disclosed except by court order or as provided in paragraph (c).
(c) Private information may be disclosed without the consent of the client when a duty to warn arises, or as otherwise provided by law or court order. The duty to warn of, or take reasonable precautions to provide protection from, violent behavior arises only when a client or other person has communicated to the provider a specific, serious threat of physical violence to self or a specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty is discharged by the provider if reasonable efforts are made to communicate the threat to law enforcement agencies, the potential victim, the family of the client, or appropriate third parties who are in a position to prevent or avert the harm. No monetary liability and no cause of action or disciplinary action by the board may arise against a provider 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.
(d) For purposes of this section, (1) "provider" includes a licensee, an applicant for licensure, and a student or intern practicing professional counseling or professional clinical counseling under supervision as part of an accredited graduate educational program or under a supervised postgraduate experience in professional counseling or professional clinical counseling required for licensure; (2) "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 the serious, specific threat of harm to a specific, clearly identified, or identifiable victim; and (3) "reasonable efforts" means communicating the 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 of the client.
History:
2003 c 118 s 15; 2019 c 28 s 2; 1Sp2020 c 2 art 8 s 32
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148D — Board Of Social Work › Section 148D.062 — Provisional License; Supervised Practice.

148D.062 PROVISIONAL LICENSE; SUPERVISED PRACTICE.
Subdivision 1.
Supervision required after licensure.
After receiving a provisional license from the board, the licensee must obtain at least 37.5 hours of supervision according to the requirements of this section.
Subd. 2.
Practice requirements.
The supervision required by subdivision 1 must be obtained during the first 2,000 hours of social work practice after the effective date of the provisional license. At least three hours of supervision must be obtained during every 160 hours of practice under a provisional license until a permanent license is issued.
Subd. 3.
Types of supervision.
(a) Twenty-five hours of supervision required by subdivision 1 must consist of one-on-one in-person supervision.
(b) Twelve and one-half hours of supervision must consist of one or more of the following types of supervision:
(1) in-person one-on-one supervision; or
(2) in-person group supervision.
(c) To qualify as in-person group supervision, the group must not exceed seven members including the supervisor.
Subd. 4.
Supervisor requirements.
(a) The supervision required by subdivision 1 must be provided by a supervisor who meets the requirements in section 148E.120 and has either:
(1) 5,000 hours experience engaged in authorized social work practice; or
(2) completed 30 hours of training in supervision, which may be satisfied by completing academic coursework in supervision or continuing education courses in supervision as defined in section 148E.010, subdivision 18.
(b) Supervision must be provided:
(1) if the supervisee is not engaged in clinical practice and the supervisee has a provisional license to practice as a licensed social worker, by a licensed social worker who has completed the supervised practice requirements;
(2) if the supervisee is not engaged in clinical practice and the supervisee has a provisional license to practice as a licensed graduate social worker, licensed independent social worker, or licensed independent clinical social worker, by:
(i) a licensed graduate social worker who has completed the supervised practice requirements;
(ii) a licensed independent social worker; or
(iii) a licensed independent clinical social worker;
(3) if the supervisee is engaged in clinical practice and the supervisee has a provisional license to practice as a licensed graduate social worker, licensed independent social worker, or licensed independent clinical social worker, by a licensed independent clinical social worker; or
(4) by a supervisor who meets the requirements in section 148E.120, subdivision 2.
Subd. 5.
[Repealed, 2009 c 157 art 2 s 14]
History:
2007 c 123 s 59; 2009 c 157 art 2 s 10; 2012 c 187 art 3 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.015 — Scope.

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.
History:
2007 c 123 s 65,138; 2020 c 79 art 3 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.025 — Board Of Social Work.

148E.025 BOARD OF SOCIAL WORK.
Subdivision 1.
Creation.
The Board of Social Work consists of 15 members appointed by the governor. The members are:
(1) ten social workers licensed according to section 148E.055; and
(2) five public members as defined in section 214.02.
Subd. 2.
Qualifications of board members.
(a) All social worker members must have engaged in the practice of social work in Minnesota for at least one year during the ten years preceding their appointments.
(b) 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.
Subd. 3.
Officers.
The board must biennially elect from its membership a chair, vice-chair, and secretary-treasurer.
Subd. 4.
Bylaws.
The board must adopt bylaws to govern its proceedings.
Subd. 5.
Executive director.
The board must appoint and employ an executive director who is not a member of the board. The employment of the executive director shall be subject to the terms described in section 214.04, subdivision 2a.
History:
2007 c 123 s 67,138; 2009 c 157 art 3 s 6,7,49; 2020 c 79 art 3 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.030 — Duties Of The Board.

148E.030 DUTIES OF THE BOARD.
Subdivision 1.
Duties.
The board must perform the duties necessary to promote and protect the public health, safety, and welfare through the licensure and regulation of persons who practice social work in this state. These duties include, but are not limited to:
(1) establishing the qualifications and procedures for individuals to be licensed as social workers;
(2) establishing standards of practice for social workers;
(3) holding examinations or contracting with the Association of Social Work Boards or a similar examination body designated by the board to hold examinations to assess applicants' qualifications;
(4) issuing licenses to qualified individuals according to sections 148E.055 and 148E.060;
(5) taking disciplinary, adversarial, corrective, or other action according to sections 148E.255 to 148E.270 when an individual violates the requirements of this chapter;
(6) assessing fees according to sections 148E.175 and 148E.180; and
(7) educating social workers and the public on the requirements of the board.
Subd. 2.
Rules.
The board may adopt and enforce rules to carry out the duties specified in subdivision 1.
History:
2007 c 123 s 68,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.035 — Variances.

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.
History:
2007 c 123 s 69,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.040 — Immunity.

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.
History:
2007 c 123 s 70,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.050 — Licensing; Scope Of Practice.

148E.050 LICENSING; SCOPE OF PRACTICE.
Subdivision 1.
Requirements.
The practice of social work must comply with the requirements of subdivision 2, 3, 4, or 5.
Subd. 2.
Licensed social worker.
A licensed social worker may engage in social work practice except that a licensed social worker must not engage in clinical practice.
Subd. 3.
Licensed graduate social worker.
A licensed graduate social worker may engage in social work practice except that a licensed graduate social worker must not engage in clinical practice except under the supervision of a licensed independent clinical social worker or an alternate supervisor according to section 148E.120.
Subd. 4.
Licensed independent social worker.
A licensed independent social worker may engage in social work practice except that a licensed independent social worker must not engage in clinical practice except under the supervision of a licensed independent clinical social worker or an alternate supervisor according to section 148E.120.
Subd. 5.
Licensed independent clinical social worker.
A licensed independent clinical social worker may engage in social work practice, including clinical practice.
History:
2007 c 123 s 72,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.065 — Exemptions.

148E.065 EXEMPTIONS.
Subdivision 1.
Other professionals.
Nothing in this chapter may be construed to prevent members of other professions or occupations from performing functions for which they are qualified or licensed. This exception includes but is not limited to: licensed physicians, registered nurses, licensed practical nurses, licensed psychologists, psychological practitioners, probation officers, members of the clergy and Christian Science practitioners, attorneys, marriage and family therapists, alcohol and drug counselors, professional counselors, school counselors, and 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.
Subd. 2.
Students.
An internship, externship, or any other social work experience that is required for the completion of an accredited program of social work does not constitute the practice of social work under this chapter. Students exempted under this section may use the title "social work intern."
Subd. 3.
[Repealed, 2012 c 197 art 1 s 19]
Subd. 4.
[Expired, 2012 c 197 art 1 s 11]
Subd. 4a.
City, county, and state social workers.
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."
Subd. 5.
[Expired, 2012 c 197 art 1 s 13]
Subd. 5a.
Tribes and private nonprofit agencies; voluntary licensure.
(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.
History:
2007 c 123 s 75,138; 2012 c 197 art 1 s 10-14; 2013 c 108 art 2 s 3,44; art 15 s 3,4; 2015 c 78 art 6 s 2; 2020 c 83 art 1 s 38
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.0751 — Temporary Leave License Status.

148E.0751 TEMPORARY LEAVE LICENSE STATUS.
Subdivision 1.
Temporary leave.
(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.
Subd. 2.
Four-year time limit.
(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.
Subd. 3.
Return to active license status.
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.
Subd. 4.
Prohibition on practice and representation.
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.
Subd. 5.
Disciplinary or other action.
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.
History:
2020 c 79 art 3 s 37