reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.0752 — Emeritus Inactive License Status.

148E.0752 EMERITUS INACTIVE LICENSE STATUS.
Subdivision 1.
Emeritus inactive license.
(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.
Subd. 2.
Return to active license status.
(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.
Subd. 3.
Prohibition on practice and representation.
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.
Subd. 4.
Disciplinary or other action.
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.
History:
2020 c 79 art 3 s 38
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.085 — Voluntary Termination License Status.

148E.085 VOLUNTARY TERMINATION LICENSE STATUS.
Subdivision 1.
Voluntary termination.
(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.
Subd. 2.
Return to active license status.
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.
Subd. 3.
Prohibition on practice and representation.
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.
Subd. 4.
Disciplinary or other action.
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.
History:
2007 c 123 s 79,138; 2020 c 79 art 3 s 41
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.090 — Name; Change Of Name Or Address.

148E.090 NAME; CHANGE OF NAME OR ADDRESS.
Subdivision 1.
Name.
A licensee must use the licensee's legal name or a professional name. If the licensee uses a professional name, the licensee must inform the board in writing of both the licensee's professional name and legal name and must comply with the requirements of this section.
Subd. 2.
Legal name change.
Within 30 days after changing the licensee's legal name, a licensee must:
(1) request a new license wall certificate;
(2) provide legal verification of the name change; and
(3) pay the license wall certificate fee specified in section 148E.180.
Subd. 3.
Professional name change.
Within 30 days after changing the licensee's professional name, a licensee must:
(1) request a new license wall certificate;
(2) provide a notarized statement attesting to the name change; and
(3) pay the license wall certificate fee specified in section 148E.180.
Subd. 4.
Address or telephone change.
When a licensee changes a mailing address, home address, work address, 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.
History:
2007 c 123 s 80,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.095 — License Certificate.

148E.095 LICENSE CERTIFICATE.
Subdivision 1.
License wall certificate.
(a) The board must issue a new license wall certificate when the board issues a new license. No fee in addition to the applicable license fee specified in section 148E.180 is required.
(b) 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.
Subd. 2.
MS 2018 [Repealed, 2020 c 79 art 3 s 50]
History:
2007 c 123 s 81,138; 2020 c 79 art 3 s 42
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.115 — Licensed Independent Clinical Social Workers; Supervised Practice.

148E.115 LICENSED INDEPENDENT CLINICAL SOCIAL WORKERS; SUPERVISED PRACTICE.
Subdivision 1.
Supervision before licensure; licensed independent clinical social worker.
Before becoming licensed as a licensed independent clinical social worker, a person must have obtained at least 200 hours of supervision at the rate of a minimum of four and a maximum of eight hours of supervision for every 160 hours of practice, in not less than 4,000 hours and not more than 8,000 hours of postgraduate clinical practice required by law, including at least 1,800 hours of direct clinical client contact, according to the requirements of section 148E.106.
Subd. 1a.
Supervised practice obtained prior to August 1, 2011.
(a) Notwithstanding subdivisions 1 and 2, applicants and licensees who have completed hours of supervised practice prior to August 1, 2011, which comply with Minnesota Statutes 2010, sections 148D.100 to 148D.125, may have that supervised practice applied to the licensing requirement.
(b) Any additional hours of supervised practice obtained on or after August 1, 2011, must comply with the increased requirements in this section.
(c) Notwithstanding subdivision 1, in order to qualify for the licensed independent clinical social work license, direct clinical client contact hours are:
(1) not required prior to August 1, 2011; and
(2) not required of either a licensed graduate social worker or a licensed independent social worker engaged in clinical practice with a license issued prior to August 1, 2011.
Subd. 2.
No supervision required after licensure.
After licensure, a licensed independent clinical social worker is not required to be supervised.
History:
2007 c 123 s 86,138; 2009 c 157 art 3 s 39,40,49; 2012 c 187 art 3 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.145 — Continuing Education Providers.

148E.145 CONTINUING EDUCATION PROVIDERS.
Subdivision 1.
Board approval.
(a) For the board to approve a continuing education provider, the provider must:
(1) submit a completed application form that the board has provided;
(2) agree to comply with the requirements of this section;
(3) submit a signed statement that indicates that the provider agrees to provide documentation of attendance that meets the requirements of section 148E.130, subdivision 11, to each participant in the provider's program; and
(4) pay the continuing education provider fee specified in section 148E.180.
(b) An approval is valid for one year from the date that the board receives the application and fee.
(c) During the one-year period, an approved provider may provide no more than the number of clock hours for which the provider has applied as specified in section 148E.180, subdivision 4. If the provider wishes to offer additional clock hours during the one-year period, the provider must submit another application and fee to the board.
Subd. 2.
MS 2018 [Repealed by amendment, 2020 c 79 art 3 s 49]
Subd. 3.
Continuing education activity requirements.
(a) An approved provider must ensure that all continuing education activities:
(1) promote the standards of practice described in sections 148E.195 to 148E.240;
(2) contribute to the practice of social work as defined in section 148E.010; and
(3) are presented by individuals with expertise in the material or content.
(b) An approved provider must provide documentation of completion to each participant that includes the information required by section 148E.130, subdivision 11.
Subd. 4.
MS 2018 [Repealed by amendment, 2020 c 79 art 3 s 49]
Subd. 5.
Records retention.
An approved provider must maintain the following information for three years following the end of each program activity:
(1) the program's title;
(2) a description of the program's content and objectives;
(3) the program's date;
(4) the program's number of clock hours;
(5) whether the activity was presented as a live interactive activity or continuing education independent learning;
(6) the names and qualifications of the program's presenters; and
(7) a list of the program's attendees.
Subd. 6.
Audits.
(a) The board may audit an approved provider to determine compliance with the requirements of this section.
(b) An approved provider audited by the board must provide the documentation specified in subdivision 5.
Subd. 7.
Revocation.
The board may revoke approval of an approved provider if the board determines the provider failed to meet the requirements of this section.
History:
2007 c 123 s 92,138; 2020 c 79 art 3 s 49
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.185 — Purpose Of Compliance Laws.

148E.185 PURPOSE OF COMPLIANCE LAWS.
The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring that all persons licensed as social workers meet minimum standards of practice. The board shall promptly and fairly investigate and resolve all complaints alleging violations of statutes and rules that the board is empowered to enforce and (1) take appropriate disciplinary action, adversarial action, or other action justified by the facts, or (2) enter into corrective action agreements or stipulations to cease practice, when doing so is consistent with the board's obligation to protect the public.
History:
2007 c 123 s 100,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.190 — Grounds For Action.

148E.190 GROUNDS FOR ACTION.
Subdivision 1.
Scope.
The grounds for action in subdivisions 2 to 4 and the standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees and applicants.
Subd. 2.
Violations.
The board has grounds to take action according to sections 148E.255 to 148E.270 when a social worker violates:
(1) a statute or rule enforced by the board, including this section and sections 148E.195 to 148E.240;
(2) a federal or state law or rule related to the practice of social work; or
(3) an order, stipulation, or agreement agreed to or issued by the board.
Subd. 3.
Conduct before licensure.
A violation of the requirements specified in this section and sections 148E.195 to 148E.240 is grounds for the board to take action under sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in this section extends to an applicant or licensee's conduct that occurred before licensure if the conduct:
(1) did not meet the minimum accepted and prevailing standards of professional social work practice at the time the conduct occurred; or
(2) adversely affects the applicant or licensee's present ability to practice social work in conformity with the requirements of sections 148E.195 to 148E.240.
Subd. 4.
Unauthorized practice.
The board has grounds to take action according to sections 148E.255 to 148E.270 when a social worker:
(1) practices outside the scope of practice authorized by section 148E.050;
(2) engages in the practice of social work without a social work license under section 148E.055 or 148E.060, except when the social worker is exempt from licensure under section 148E.065;
(3) provides social work services to a client who receives social work services in this state, and is not licensed under section 148E.055 or 148E.060, except when the social worker is exempt from licensure under section 148E.065.
History:
2007 c 123 s 101,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.200 — Competence.

148E.200 COMPETENCE.
Subdivision 1.
Competence.
(a) A social worker must provide services and hold out as competent only to the extent the social worker's education, training, license, consultation received, supervision experience, or other relevant professional experience demonstrate competence in the services provided. A social worker must make a referral to a competent professional when the services required are beyond the social worker's competence or authorized scope of practice.
(b) When generally recognized standards do not exist with respect to an emerging area of practice, including but not limited to providing social work services through electronic means, a social worker must take the steps necessary, such as consultation or supervision, to ensure the competence of the social worker's work and to protect clients from harm.
Subd. 2.
Supervision or consultation.
Notwithstanding the completion of supervision requirements as specified in sections 148E.100 to 148E.125, a social worker must obtain supervision or engage in consultation when appropriate or necessary for competent and ethical practice.
Subd. 3.
Delegation of social work responsibilities.
(a) A social worker must not delegate a social work responsibility to another individual when the social worker knows or reasonably should know that the individual is not licensed when required to be licensed according to sections 148E.055 and 148E.060.
(b) A social worker must not delegate a social work responsibility to another individual when the social worker knows or reasonably should know that the individual is not competent to assume the responsibility or perform the task.
History:
2007 c 123 s 103,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.205 — Impairment.

148E.205 IMPAIRMENT.
Subdivision 1.
Grounds for action.
The board has grounds to take action under sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition.
Subd. 2.
Self-reporting.
A social worker regulated by the board who is unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition, must report to the board or the health professionals services program.
History:
2007 c 123 s 104,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.210 — Professional And Ethical Conduct.

148E.210 PROFESSIONAL AND ETHICAL CONDUCT.
The board has grounds to take action under sections 148E.255 to 148E.270 when a social worker:
(1) engages in unprofessional or unethical conduct, including any departure from or failure to conform to the minimum accepted ethical and other prevailing standards of professional social work practice, without actual injury to a social work client, intern, student, supervisee, or the public needing to be established;
(2) engages in conduct that has the potential to cause harm to a client, intern, student, supervisee, or the public;
(3) demonstrates a willful or careless disregard for the health, welfare, or safety of a client, intern, student, or supervisee; or
(4) engages in acts or conduct adversely affecting the applicant or licensee's current ability or fitness to engage in social work practice, whether or not the acts or conduct occurred while engaged in the practice of social work.
History:
2007 c 123 s 105,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.215 — Responsibilities To Clients.

148E.215 RESPONSIBILITIES TO CLIENTS.
Subdivision 1.
Responsibility to clients.
A social worker's primary professional responsibility is to the client. A social worker must respect the client's interests, including the interest in self-determination, except when required to do otherwise by law.
Subd. 2.
Nondiscrimination.
A social worker must not discriminate against a client, intern, student, or supervisee or in providing services to a client, intern, or supervisee on the basis of age, gender, sexual orientation, race, color, national origin, religion, illness, disability, political affiliation, or social or economic status.
Subd. 3.
Research.
When undertaking research activities, a social worker must use accepted protocols for the protection of human subjects, including (1) establishing appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects' informed consent.
History:
2007 c 123 s 106,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.225 — Treatment And Intervention Services.

148E.225 TREATMENT AND INTERVENTION SERVICES.
Subdivision 1.
Assessment or diagnosis.
A social worker must base treatment and intervention services on an assessment or diagnosis. A social worker must evaluate, on an ongoing basis, the appropriateness of the assessment or diagnosis.
Subd. 2.
Assessment or diagnostic instruments.
A social worker must not use an assessment or diagnostic instrument without adequate training. A social worker must follow standards and accepted procedures for using an assessment or diagnostic instrument. A social worker must inform a client of the purpose before administering the instrument and must make the results available to the client.
Subd. 3.
Plan for services.
A social worker must develop a plan for services that includes goals based on the assessment or diagnosis. A social worker must evaluate, on an ongoing basis, the appropriateness of the plan and the client's progress toward the goals.
Subd. 4.
Records.
(a) A social worker must make and maintain current and accurate records, appropriate to the circumstances, of all services provided to a client. At a minimum, the records must contain documentation of:
(1) the assessment or diagnosis;
(2) the content of the service plan;
(3) progress with the plan and any revisions of assessment, diagnosis, or plan;
(4) any fees charged and payments made;
(5) copies of all client-written authorizations for release of information; and
(6) other information necessary to provide appropriate services.
(b) These records must be maintained by the social worker for at least seven years after the last date of service to the client. Social workers who are employed by an agency or other entity are not required to:
(1) maintain personal or separate records; or
(2) personally retain records at the conclusion of their employment.
Subd. 5.
Termination of services.
A social worker must terminate a professional relationship with a client when the social worker reasonably determines that the client is not likely to benefit from continued services or the services are no longer needed, unless the social worker is required by law to provide services. A social worker who anticipates terminating services must give reasonable notice to the client in a manner that is appropriate to the needs of the client. The social worker must provide appropriate referrals as needed or upon request of the client.
History:
2007 c 123 s 108,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.235 — Fees And Billing Practices.

148E.235 FEES AND BILLING PRACTICES.
Subdivision 1.
Fees and payments.
(a) A social worker must ensure that a client or a client's legal representative is informed of all fees at the initial session or meeting with the client, and that payment for services is arranged with the client or the client's legal representative at the beginning of the professional relationship. Upon request from a client or a client's legal representative, a social worker must provide in a timely manner a written payment plan or a written explanation of the charges for any services rendered.
(b) When providing services authorized or required by law to a client who does not have the capacity to provide consent and who does not have a legal representative, a social worker may submit reasonable bills to an appropriate payer for services provided.
Subd. 2.
Billing for services not provided.
A social worker must not bill for services that have not been provided except that, with prior notice to the client, a social worker may bill for failed appointments or for cancellations without sufficient notice. A social worker may bill only for provided services which are necessary and appropriate. Financial responsibility for failed appointment billings resides solely with the client and such costs may not be billed to public or private payers.
Subd. 3.
No payment for referrals.
A social worker must not accept or give a commission, rebate, or other form of remuneration solely or primarily to profit from the referral of a client.
Subd. 4.
Fees and billing practices.
A social worker must not engage in improper or fraudulent billing practices, including, but not limited to, violations of the federal Medicare and Medicaid laws or state medical assistance laws.
History:
2007 c 123 s 110,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.250 — Obligation To Cooperate.

148E.250 OBLIGATION TO COOPERATE.
Subdivision 1.
Obligation to cooperate.
An applicant or licensee who is the subject of an investigation, or who is questioned by or on behalf of the board in connection with an investigation, must cooperate fully with the investigation. Cooperation includes, but is not limited to:
(1) responding fully and promptly to any question relating to the investigation;
(2) as reasonably requested by the board, providing copies of client and other records in the applicant's or licensee's possession relating to the investigation;
(3) executing release of records as reasonably requested by the board; and
(4) appearing at conferences, hearings, or meetings scheduled by the board, as required in sections 148E.255 to 148E.270 and chapter 214.
Subd. 2.
Investigation.
A social worker must not knowingly withhold relevant information, give false or misleading information, or do anything to obstruct an investigation of the social worker or another social worker by the board or by another state or federal regulatory or law enforcement authority.
Subd. 3.
Payment for copies.
The board must pay for copies requested by the board.
Subd. 4.
Access to client records.
Notwithstanding any law to the contrary, an applicant or licensee must allow the board access to any records of a client provided services by the applicant or licensee under investigation. If the client has not signed a consent permitting access to the client's records, the applicant or licensee must delete any data in the records that identifies the client before providing the records to the board.
Subd. 5.
Classification of data.
Any records obtained according to this subdivision must be treated as investigative data according to section 13.41 and be classified as confidential data.
History:
2007 c 123 s 113,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.255 — Types Of Actions.

148E.255 TYPES OF ACTIONS.
Subdivision 1.
Actions.
The board may take disciplinary action according to section 148E.260, adversarial but nondisciplinary action according to section 148E.265, or voluntary action according to section 148E.270. Any action taken under sections 148E.260 to 148E.270 is public data.
Subd. 2.
Disciplinary action.
For purposes of section 148E.260, "disciplinary action" means an action taken by the board against an applicant or licensee that addresses a complaint alleging a violation of a statute or rule the board is empowered to enforce.
Subd. 3.
Adversarial but nondisciplinary action.
For purposes of section 148E.265, "adversarial but nondisciplinary action" means a nondisciplinary action taken by the board that addresses a complaint alleging a violation of a statute or rule the board is empowered to enforce.
Subd. 4.
Voluntary action.
For purposes of section 148E.270, "voluntary action" means a nondisciplinary action agreed to by the board or a designated board member and an applicant or licensee that, through educational or other corrective means, addresses a complaint alleging a violation of a statute or rule that the board is empowered to enforce.
History:
2007 c 123 s 114,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.275 — Unauthorized Practice.

148E.275 UNAUTHORIZED PRACTICE.
No individual may:
(1) engage in the practice of social work without a social work license under sections 148E.055 and 148E.060, except when the individual is exempt from licensure according to section 148E.065;
(2) provide social work services to a client who resides in this state when the individual providing the services is not licensed as a social worker according to sections 148E.055 to 148E.060, except when the individual is exempt from licensure according to section 148E.065.
History:
2007 c 123 s 118,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.280 — Use Of Titles.

148E.280 USE OF TITLES.
No individual may be presented to the public by any title incorporating the words "social work" or "social worker" or in the titles in section 148E.195, unless that individual is employed by a county or holds a license under this chapter.
History:
2007 c 123 s 119,138; 2012 c 197 art 1 s 18; 2017 c 40 art 1 s 37
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.285 — Reporting Requirements.

148E.285 REPORTING REQUIREMENTS.
Subdivision 1.
Institutions.
A state agency, political subdivision, agency of a local unit of government, private agency, hospital, clinic, prepaid medical plan, or other health care institution or organization must report to the board:
(1) any adversarial action, disciplinary action, or other sanction for conduct that might constitute grounds for action under section 148E.190;
(2) the resignation of any applicant or licensee prior to the conclusion of any proceeding for adversarial action, disciplinary action, or other sanction for conduct that might constitute grounds for action under section 148E.190; or
(3) the resignation of any applicant or licensee prior to the commencement of a proceeding for adversarial action, disciplinary action, or other sanction for conduct that might constitute grounds for action under section 148E.190, but after the applicant or licensee had knowledge that a proceeding was contemplated or in preparation.
Subd. 2.
Professional societies and associations.
A state or local professional society or association whose members consist primarily of licensed social workers must report to the board any adversarial action, disciplinary action, or other sanction taken against a member.
Subd. 3.
Immunity.
An individual, professional society or association, state agency, political subdivision, agency of a local unit of government, private agency, hospital, clinic, prepaid medical plan, other health care institution or organization, or other entity is immune from civil liability or criminal prosecution for submitting in good faith a report under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying about violations or alleged violations of this chapter.
Subd. 4.
Failure to report.
On or after August 1, 2012, any person, institution, or organization that fails to report as required under subdivisions 1 and 2 shall be subject to civil penalties for failing to report as required by law.
History:
2007 c 123 s 120,138; 2012 c 278 art 2 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148E — Board Of Social Work Practice › Section 148E.290 — Penalties.

148E.290 PENALTIES.
An individual or other entity that violates section 148E.275, 148E.280, or 148E.285 is guilty of a misdemeanor.
History:
2007 c 123 s 121,138
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.001 — Scope.

148F.001 SCOPE.
This chapter applies to all applicants and licensees, all persons who use the title alcohol and drug counselor, and all persons in or out of this state who provide alcohol and drug counseling services to clients who reside in this state unless there are specific applicable exemptions provided by law.
History:
2012 c 197 art 2 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.015 — Duties Of The Board.

148F.015 DUTIES OF THE BOARD.
The board shall:
(1) adopt and enforce rules for licensure and regulation of alcohol and drug counselors and temporary permit holders, including a standard disciplinary process and rules of professional conduct;
(2) issue licenses and temporary permits to qualified individuals under sections 148F.001 to 148F.205;
(3) carry out disciplinary actions against licensees and temporary permit holders;
(4) educate the public about the existence and content of the regulations for alcohol and drug counselor licensing to enable consumers to file complaints against licensees who may have violated the rules; and
(5) collect nonrefundable license fees for alcohol and drug counselors.
History:
2012 c 197 art 2 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.02 — Duty To Maintain Current Information.

148F.02 DUTY TO MAINTAIN CURRENT INFORMATION.
All individuals licensed as alcohol and drug counselors, all individuals with temporary permits, and all applicants for licensure must notify the board within 30 days of the occurrence of any of the following:
(1) a change of name, address, place of employment, and home or business telephone number; and
(2) a change in any other application information.
History:
2012 c 197 art 2 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.03 — Reciprocity.

148F.03 RECIPROCITY.
Subdivision 1.
Persons licensed or credentialed in another jurisdiction for less than five years.
(a) An individual who holds a current license or national certification as an alcohol and drug counselor from another jurisdiction must file with the board a completed application for licensure by reciprocity containing the information required in this section.
(b) The applicant must request the credentialing authority of the jurisdiction in which the credential is held to send directly to the board a statement that the credential is current and in good standing, the applicant's qualifications that entitled the applicant to the credential, and a copy of the jurisdiction's credentialing laws and rules that were in effect at the time the applicant obtained the credential.
(c) The board shall issue a license if the board finds that the requirements which the applicant met to obtain the credential from the other jurisdiction were substantially similar to the current requirements for licensure in this chapter and that the applicant is not otherwise disqualified under section 148F.09.
Subd. 2.
Persons licensed or credentialed in another jurisdiction for five or more years.
(a) An individual who holds a current license or national certification as an alcohol and drug counselor from another jurisdiction must file with the board a completed application for licensure by reciprocity containing the information required in this section.
(b) The applicant must request the credentialing authority of the jurisdiction in which the credential is held to send directly to the board a statement that the credential is current and in good standing.
(c) The board may issue a license if the board finds that the applicant has been in active practice in good standing for a minimum of five years after receiving licensure or other credential.
(d) The board shall determine, based on the applicant's experience and qualifications, whether the applicant is granted the licensed alcohol and drug counselor license or other credential regulated by the board.
History:
2012 c 197 art 2 s 7; 2019 c 28 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.035 — Temporary Permit.

148F.035 TEMPORARY PERMIT.
(a) The board may issue a temporary permit to practice alcohol and drug counseling to an individual prior to being licensed under this chapter if the person:
(1) received an associate degree, or an equivalent number of credit hours, completed 880 clock hours of supervised alcohol and drug counseling practicum, and 18 semester credits or 270 clock hours of academic course work in alcohol and drug counseling from an accredited school or education program; and
(2) completed academic course work in the following areas:
(i) overview of the transdisciplinary foundations of alcohol and drug counseling, including theories of chemical dependency, the continuum of care, and the process of change;
(ii) pharmacology of substance abuse disorders and the dynamics of addiction, including substance use disorder treatment with medications for opioid use disorder;
(iii) professional and ethical responsibilities;
(iv) multicultural aspects of chemical dependency;
(v) co-occurring disorders; and
(vi) core functions defined in section 148F.01, subdivision 10.
(b) An individual seeking a temporary permit shall fully complete and submit a notarized written application on forms provided by the board together with the nonrefundable temporary permit fee specified in section 148F.115, subdivision 3, clause (1).
(c) An individual practicing under this section:
(1) must be supervised by a licensed alcohol and drug counselor or other licensed professional practicing alcohol and drug counseling under section 148F.11, subdivision 1;
(2) is subject to all statutes and rules to the same extent as an individual who is licensed under this chapter, except the individual is not subject to the continuing education requirements of section 148F.075; and
(3) must use the title "Alcohol and Drug Counselor-Trainee" or the letters "ADC-T" in professional activities.
(d)(1) An individual practicing with a temporary permit must submit a renewal application annually on forms provided by the board with the renewal fee required in section 148F.115, subdivision 3.
(2) A temporary permit is automatically terminated if not renewed, upon a change in supervision, or upon the granting or denial by the board of the applicant's application for licensure as an alcohol and drug counselor.
(3) A temporary permit may be renewed no more than five times.
History:
2012 c 197 art 2 s 8; 2022 c 98 art 6 s 25
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.045 — Alcohol And Drug Counselor Technician.

148F.045 ALCOHOL AND DRUG COUNSELOR TECHNICIAN.
An alcohol and drug counselor technician may perform the screening, intake, and orientation services described in section 148F.01, subdivision 10, clauses (1), (2), and (3), while under the direct supervision of a licensed alcohol and drug counselor.
History:
2012 c 197 art 2 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.05 — License Renewal Requirements.

148F.05 LICENSE RENEWAL REQUIREMENTS.
Subdivision 1.
Biennial renewal.
A license must be renewed every two years.
Subd. 2.
License renewal notice.
At least 60 calendar days before the renewal deadline date, the board shall 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.
Subd. 3.
Renewal requirements.
(a) To renew a license, a licensee must submit to the board:
(1) a completed, signed, and notarized application for license renewal;
(2) the renewal fee required under section 148F.115, subdivision 2; and
(3) evidence satisfactory to the board that the licensee has completed 40 clock hours of continuing education during the preceding two-year renewal period that meet the requirements of section 148F.075.
(b) The application 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. An application which is not completed, signed, notarized, or which is not accompanied by the correct fee is void and must be returned to the licensee.
Subd. 4.
Pending renewal.
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, the licensee may continue to practice after the expiration date while the application for license renewal is pending with the board.
Subd. 5.
Late renewal fee.
If the application for license renewal is postmarked or received after the expiration date, the licensee shall pay a late fee as specified by section 148F.115, subdivision 5, clause (1), in addition to the renewal fee, before the application for license renewal will be considered by the board.
History:
2012 c 197 art 2 s 11
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.055 — Expired License.

148F.055 EXPIRED LICENSE.
Subdivision 1.
Expiration of license.
A licensee who fails to submit an application for license renewal, or whose application for license renewal is not postmarked or received by the board as required, is not authorized to practice after the expiration date and is subject to disciplinary action by the board for any practice after the expiration date.
Subd. 2.
Termination for nonrenewal.
(a) Within 30 days after the renewal date, a licensee who has not renewed the license shall 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 late fee within 60 days after the renewal date will result in termination of the license.
(b) The board shall 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 shall be notified of the termination by letter within seven days after the board action, in the same manner as provided in paragraph (a).
History:
2012 c 197 art 2 s 12
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.06 — Voluntary Termination.

148F.06 VOLUNTARY TERMINATION.
A license may be voluntarily terminated by the licensee at any time upon written notification to the board, unless a complaint is pending against the licensee. The notification must be received by the board prior to termination of the license for failure to renew. A former licensee may be licensed again only after complying with the relicensure following termination requirements under section 148F.065. For purposes of this section, the board retains jurisdiction over any licensee whose license has been voluntarily terminated and against whom the board receives a complaint for conduct occurring during the period of licensure.
History:
2012 c 197 art 2 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.065 — Relicensure Following Termination.

148F.065 RELICENSURE FOLLOWING TERMINATION.
Subdivision 1.
Relicensure.
For a period of two years, a former licensee whose license has been voluntarily terminated or terminated for nonrenewal as provided in section 148F.055, subdivision 2, may be relicensed by completing an application for relicensure, paying the applicable fee, and verifying that the former licensee has not engaged in the practice of alcohol and drug counseling in this state since the date of termination. The verification must be accompanied by a notarized affirmation that the statement is true and correct to the best knowledge and belief of the former licensee.
Subd. 2.
Continuing education for relicensure.
A former licensee seeking relicensure after license termination must provide evidence of having completed at least 20 hours of continuing education activities for each year, or portion thereof, that the former licensee did not hold a license.
Subd. 3.
Cancellation of license.
The board shall not renew, reissue, reinstate, or restore the license of a former licensee which was terminated for nonrenewal, or voluntarily terminated, and for which relicensure was not sought for more than two years from the date the license was terminated for nonrenewal, or voluntarily terminated. A former licensee seeking relicensure after this two-year period must obtain a new license by applying for licensure and fulfilling all requirements then in existence for an initial license to practice alcohol and drug counseling in Minnesota.
History:
2012 c 197 art 2 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.07 — Inactive License Status.

148F.07 INACTIVE LICENSE STATUS.
Subdivision 1.
Request for inactive status.
Unless a complaint is pending against the licensee, a licensee whose license is in good standing may request, in writing, that the license be placed on the inactive list. If a complaint is pending against a licensee, a license may not be placed on the inactive list until action relating to the complaint is concluded. The board must receive the request for inactive status before expiration of the license, or the person must pay the late fee. A licensee may renew a license that is inactive under this subdivision by meeting the renewal requirements of subdivision 2. A licensee must not practice alcohol and drug counseling while the license is inactive.
Subd. 2.
Renewal of inactive license.
A licensee whose license is inactive must renew the inactive status by the inactive status expiration date determined by the board, or the license will expire. An application for renewal of inactive status must include evidence satisfactory to the board that the licensee has completed 40 clock hours of continuing education required in section 148F.075. Late renewal of inactive status must be accompanied by a late fee as required in section 148F.115, subdivision 5, clause (2).
History:
2012 c 197 art 2 s 15