Bill Text: MN SF753 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Social workers licensure modifications; alcohol and drug counselors and licensed professional counselors licensure requirements establishment
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2012-04-23 - Secretary of State Chapter 197 04/20/12 [SF753 Detail]
Download: Minnesota-2011-SF753-Engrossed.html
Bill Title: Social workers licensure modifications; alcohol and drug counselors and licensed professional counselors licensure requirements establishment
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2012-04-23 - Secretary of State Chapter 197 04/20/12 [SF753 Detail]
Download: Minnesota-2011-SF753-Engrossed.html
1.2relating to health occupations; modifying provisions for licensure of social
1.3workers;amending Minnesota Statutes 2010, sections 148E.055, subdivision
1.41; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065,
1.5subdivisions 2, 4, 5, by adding subdivisions; 148E.120; 148E.195, subdivision 2,
1.6by adding a subdivision; 148E.280; proposing coding for new law in Minnesota
1.7Statutes, chapter 148E; repealing Minnesota Statutes 2010, section 148E.065,
1.8subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to
1.11read:
1.12 Subdivision 1. License required. (a) In order to practice social work, an individual
1.13must have a social work license under this section or section148E.060 , except when the
1.14individual is exempt from licensure according to section148E.065 .
1.15 (b) Individuals who teach professional social work knowledge, skills, and values to
1.16students and who have a social work degree from a program accredited by the Council
1.17on Social Work Education, the Canadian Association of Schools of Social Work, or a
1.18similaraccreditation accrediting body designated by the board must have a social work
1.19license under this section or section148E.060 , except when the individual is exempt from
1.20licensure according to section148E.065 .
1.21(c) Effective July 1, 2016, an individual who is newly employed by a city or
1.22state agency or a private nonprofit nontribal agency previously exempt from licensure
1.23under Minnesota Statutes 2010, section 148D.065, subdivision 5, and section 148E.065,
1.24subdivision 5, must be licensed if:
1.25(1) the individual is presented to the public by any title incorporating the words
1.26"social work" or "social worker"; or
2.1(2) the individual has a baccalaureate or graduate degree in social work from a
2.2program accredited by the Council on Social Work Education, the Canadian Association
2.3of Schools of Social Work, or a similar accrediting body designated by the board, and the
2.4individual provides social work services, including clinical social work services, as those
2.5services are defined in section 148E.010, subdivisions 6 and 11.
2.6EFFECTIVE DATE.This section is effective August 1, 2012.
2.7 Sec. 2. [148E.0555] LICENSE REQUIREMENTS; GRANDFATHERING.
2.8 Subdivision 1. Grandfathering period. (a) The board shall issue a license to an
2.9applicant who meets all the requirements in this section and has submitted a completed,
2.10signed application and the required fee between January 1, 2013, and December 31, 2014.
2.11(b) If the applicant does not provide all of the information requested by the board
2.12by December 31, 2015, the applicant is considered ineligible and the application for
2.13licensure is closed.
2.14 Subd. 2. Eligible agency personnel. When submitting the application for licensure,
2.15the applicant must provide evidence satisfactory to the board that the applicant is currently
2.16employed by a:
2.17(1) Minnesota city or state agency, and:
2.18(i) at any time within three years of the date of submitting an application for
2.19licensure was presented to the public by any title incorporating the words "social work" or
2.20"social worker," while employed by that agency for a minimum of six months; or
2.21(ii) at any time within three years of the date of submitting an application for
2.22licensure was engaged in the practice of social work, including clinical social work, as
2.23described in section 148E.010, subdivisions 6 and 11, while employed by that agency
2.24for a minimum of six months; or
2.25(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic
2.26minority populations, and the applicant is a member of an ethnic minority population
2.27within the agency, previously exempt from licensure under Minnesota Statutes 2010,
2.28section 148D.065, subdivision 5, and section 148E.065, subdivision 5, and:
2.29(i) at any time within three years of the date of submitting an application for
2.30licensure was presented to the public by any title incorporating the words "social work" or
2.31"social worker," while employed by that agency for a minimum of six months; or
2.32(ii) at any time within three years of the date of submitting an application for
2.33licensure was engaged in the practice of social work, including clinical social work, as
2.34described under section 148E.010, subdivisions 6 and 11, while employed by that agency
2.35for a minimum of six months.
3.1 Subd. 3. Qualifications during grandfathering for licensure as LSW. (a) To
3.2be licensed as a licensed social worker, an applicant for licensure under this section
3.3must provide evidence satisfactory to the board that the individual has completed a
3.4baccalaureate degree:
3.5(1) in social work from a program accredited by the Council on Social Work
3.6Education, the Canadian Association of Schools of Social Work, or a similar accrediting
3.7body designated by the board; or
3.8(2) in psychology, sociology, human services, or social and behavioral sciences
3.9from an accredited college or university; or
3.10(3) with a major in any field from an accredited college or university, and one year of
3.11experience in the practice of social work as described in section 148E.010, subdivision 11.
3.12(b) To be licensed as a licensed social worker, an applicant for licensure under this
3.13section must provide evidence satisfactory to the board that the individual has:
3.14(1) submitted a completed, signed application and the license fee in section
3.15148E.180;
3.16(2) for applications submitted electronically, provided an attestation as specified
3.17by the board;
3.18(3) submitted the criminal background check fee and a form provided by the board
3.19authorizing a criminal background check;
3.20(4) paid the applicable license fee in section 148E.180; and
3.21(5) not engaged in conduct that was or would be in violation of the standards
3.22of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
3.23sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
3.24would be in violation of the standards of practice, the board may take action according to
3.25sections 148E.255 to 148E.270.
3.26(c) An application that is not completed and signed, or that is not accompanied by
3.27the correct license fee, must be returned to the applicant, along with any fee submitted,
3.28and is void.
3.29(d) By submitting an application for licensure, an applicant authorizes the board to
3.30investigate any information provided or requested in the application. The board may
3.31request that the applicant provide additional information, verification, or documentation.
3.32(e) Within one year of the time the board receives an application for licensure, the
3.33applicant must meet all the requirements and provide all of the information requested by
3.34the board according to paragraphs (a) and (b).
3.35(f) Prelicensure supervised practice hours may be applied to meet the requirements
3.36of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
4.1requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
4.2obtained on or after August 1, 2011, must meet the supervised practice requirements in
4.3sections 148E.100 to 148E.125.
4.4(g) In addition to the required supervisors listed in Minnesota Statutes 2010,
4.5section 148D.120 and section 148E.120, an alternate supervisor may include a qualified
4.6professional who has a bachelor's or graduate degree, and the authority to direct the
4.7practice of the applicant, including, but not limited to, an agency director, or agency or
4.8consulting supervisor, as determined appropriate by the board.
4.9(h) Unless completed at the time of application for licensure, a licensee granted a
4.10license by the board under this section must meet the supervised practice requirements
4.11in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice
4.12requirements, the board may take action according to sections 148E.255 to 148E.270.
4.13 Subd. 4. Qualifications during grandfathering for licensure as LGSW. (a) To
4.14be licensed as a licensed graduate social worker, an applicant for licensure under this
4.15section must provide evidence satisfactory to the board that the individual has completed
4.16a graduate degree:
4.17(1) in social work from a program accredited by the Council on Social Work
4.18Education, the Canadian Association of Schools of Social Work, or a similar accrediting
4.19body designated by the board; or
4.20(2) in psychology, sociology, marriage and family therapy, human services, or social
4.21and behavioral sciences from an accredited college or university; or
4.22(3) with a major in any field from an accredited college or university, and one year
4.23of experience in the practice of social work as described in section 148E.010, subdivisions
4.246 and 11.
4.25(b) To be licensed as a licensed graduate social worker, an applicant for licensure
4.26under this section must provide evidence satisfactory to the board that the individual has:
4.27(1) submitted a completed, signed application and the license fee in section
4.28148E.180;
4.29(2) for applications submitted electronically, provided an attestation as specified
4.30by the board;
4.31(3) submitted the criminal background check fee and a form provided by the board
4.32authorizing a criminal background check;
4.33(4) paid the applicable license fee in section 148E.180; and
4.34(5) not engaged in conduct that was or would be in violation of the standards
4.35of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
4.36sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
5.1would be in violation of the standards of practice, the board may take action according to
5.2sections 148E.255 to 148E.270.
5.3(c) An application that is not completed and signed, or that is not accompanied by
5.4the correct license fee, must be returned to the applicant, along with any fee submitted,
5.5and is void.
5.6(d) By submitting an application for licensure, an applicant authorizes the board to
5.7investigate any information provided or requested in the application. The board may
5.8request that the applicant provide additional information, verification, or documentation.
5.9(e) Within one year of the time the board receives an application for licensure, the
5.10applicant must meet all the requirements and provide all of the information requested by
5.11the board according to paragraphs (a) and (b).
5.12(f) Prelicensure supervised practice hours may be applied to meet the requirements
5.13of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
5.14requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
5.15obtained on or after August 1, 2011, must meet the supervised practice requirements in
5.16sections 148E.100 to 148E.125.
5.17(g) In addition to the required supervisors listed in Minnesota Statutes 2010, section
5.18148D.120, and section 148E.120, an alternate supervisor of nonclinical practice may
5.19include a qualified professional who has a bachelor's or graduate degree, and the authority
5.20to direct the practice of the applicant, including, but not limited to, an agency director, or
5.21agency or consulting supervisor, as determined appropriate by the board.
5.22(h) Unless completed at the time of application for licensure, a licensee granted a
5.23license by the board under this section must meet the supervised practice requirements
5.24specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised
5.25practice requirements, the board may take action according to sections 148E.255 to
5.26148E.270.
5.27 Subd. 5. Qualifications during grandfathering for licensure as LISW. (a) To be
5.28licensed as a licensed independent social worker, an applicant for licensure under this
5.29section must provide evidence satisfactory to the board that the individual has completed
5.30a graduate degree:
5.31(1) in social work from a program accredited by the Council on Social Work
5.32Education, the Canadian Association of Schools of Social Work, or a similar accrediting
5.33body designated by the board; or
5.34(2) in psychology, sociology, marriage and family therapy, human services, or social
5.35and behavioral sciences from an accredited college or university; or
6.1(3) with a major in any field from an accredited college or university, and one year
6.2of experience in the practice of social work according to section 148E.010, subdivision 11.
6.3(b) To be licensed as a licensed independent social worker, an applicant for licensure
6.4under this section must provide evidence satisfactory to the board that the individual has:
6.5(1) practiced social work as defined in section 148E.010, subdivision 11, and has
6.6met the supervised practice requirements as follows: (i) for hours obtained prior to
6.7August 1, 2011, has met the requirements in Minnesota Statutes 2010, sections 148D.100
6.8to 148D.125; (ii) for hours obtained after August 1, 2011, has met the requirements in
6.9sections 148E.100 to 148E.125; and (iii) in addition to the supervisors listed in Minnesota
6.10Statutes 2010, section 148D.120, or section 148E.120, an alternate supervisor of
6.11nonclinical practice may include a qualified professional who has a bachelor's or graduate
6.12degree and the authority to direct the practice of the applicant, including but not limited to
6.13an agency director, or agency or consulting supervisor as determined by the board.
6.14(2) submitted a completed, signed application and the license fee in section
6.15148E.180;
6.16(3) for applications submitted electronically, provided an attestation as specified
6.17by the board;
6.18(4) submitted the criminal background check fee and a form provided by the board
6.19authorizing a criminal background check;
6.20(5) paid the applicable license fee specified in section 148E.180; and
6.21(6) not engaged in conduct that was or would be in violation of the standards
6.22of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
6.23sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
6.24would be in violation of the standards of practice, the board may take action according to
6.25sections 148E.255 to 148E.270.
6.26(c) An application that is not completed, signed, and accompanied by the correct
6.27license fee must be returned to the applicant, along with any fee submitted, and is void.
6.28(d) By submitting an application for licensure, an applicant authorizes the board to
6.29investigate any information provided or requested in the application. The board may
6.30request that the applicant provide additional information, verification, or documentation.
6.31(e) Within one year of the time the board receives an application for licensure, the
6.32applicant must meet all the requirements and provide all of the information requested by
6.33the board according to paragraphs (a) and (b).
6.34(f) Upon licensure, a licensed independent social worker who practices clinical
6.35social work must meet the supervised practice requirements specified in sections 148E.100
7.1to 148E.125. If a licensee does not meet the supervised practice requirements, the board
7.2may take action according to sections 148E.255 to 148E.270.
7.3 Subd. 6. Qualifications during grandfathering for licensure as LICSW. (a) To be
7.4licensed as a licensed independent clinical social worker, an applicant for licensure under
7.5this section must provide evidence satisfactory to the board that the individual has:
7.6(1) completed a graduate degree in social work from a program accredited by the
7.7Council on Social Work Education, the Canadian Association of Schools of Social Work,
7.8or a similar accrediting body designated by the board; or
7.9(2) completed a graduate degree and is a mental health professional according to
7.10section 245.462, subdivision 18, clauses (1) to (6).
7.11(b) To be licensed as a licensed independent clinical social worker, an applicant
7.12for licensure under this section must provide evidence satisfactory to the board that the
7.13individual has:
7.14(1) practiced clinical social work as defined in section 148E.010, subdivision 6,
7.15including both diagnosis and treatment, and has met the supervised practice requirements
7.16specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical
7.17client contact specified in section 148E.115, subdivision 1, except that supervised practice
7.18hours obtained prior to August 1, 2011, must meet the requirements in Minnesota Statutes
7.192010, sections 148D.100 to 148D.125;
7.20(2) submitted a completed, signed application and the license fee in section
7.21148E.180;
7.22(3) for applications submitted electronically, provided an attestation as specified
7.23by the board;
7.24(4) submitted the criminal background check fee and a form provided by the board
7.25authorizing a criminal background check;
7.26(5) paid the license fee in section 148E.180; and
7.27(6) not engaged in conduct that was or would be in violation of the standards
7.28of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
7.29sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
7.30would be in violation of the standards of practice, the board may take action according to
7.31sections 148E.255 to 148E.270.
7.32(c) An application which is not completed, signed, and accompanied by the correct
7.33license fee must be returned to the applicant, along with any fee submitted, and is void.
7.34(d) By submitting an application for licensure, an applicant authorizes the board to
7.35investigate any information provided or requested in the application. The board may
7.36request that the applicant provide additional information, verification, or documentation.
8.1(e) Within one year of the time the board receives an application for licensure, the
8.2applicant must meet all the requirements and provide all of the information requested
8.3by the board.
8.4 Subd. 7. Criminal background checks. The provisions of section 148E.055,
8.5subdivision 8, apply to criminal background checks described under this section.
8.6EFFECTIVE DATE.This section is effective August 1, 2012.
8.7 Sec. 3. [148E.0556] LISW TRANSITION PERIOD EXCEPTION.
8.8At any time on or after January 1, 2013, until December 31, 2017, to qualify for a
8.9licensed independent social worker license, an applicant must submit an application to the
8.10board for a licensed independent social worker license and:
8.11(1) hold a current licensed graduate social worker license issued through
8.12grandfathering under section 148E.0555, subdivision 4, and:
8.13(i) meet all requirements in effect at the time of application according to section
8.14148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.15(ii) meet the supervised practice requirements according to section 148E.055,
8.16subdivision 4, paragraph (a), clause (2); or
8.17(2) hold a current licensed graduate social worker license issued through
8.18grandfathering prior to July 1, 1996, and:
8.19(i) meet all requirements in effect at the time of application according to section
8.20148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.21(ii) meet the supervised practice requirements according to section 148E.055,
8.22subdivision 4, paragraph (a), clause (2).
8.23EFFECTIVE DATE.This section is effective August 1, 2012.
8.24 Sec. 4. [148E.0557] LICSW TRANSITION PERIOD EXCEPTION.
8.25At any time on or after January 1, 2013, until December 31, 2017, to qualify for
8.26a licensed independent clinical social worker license, an applicant must submit an
8.27application to the board for a licensed independent clinical social worker license and:
8.28(1) hold a current licensed graduate social worker or licensed independent social
8.29worker license issued through grandfathering under section 148E.0555, subdivision 4
8.30or 5, and:
8.31(i) meet all requirements in effect at the time of application according to section
8.32148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.1(ii) meet the supervised practice requirements according to section 148E.055,
9.2subdivision 5, paragraph (a), clause (3); or
9.3(2) hold a current licensed graduate social worker or licensed independent social
9.4worker license issued through grandfathering prior to July 1, 1996, and:
9.5(i) meet all requirements in effect at the time of application according to section
9.6148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.7(ii) meet the supervised practice requirements according to section 148E.055,
9.8subdivision 5, paragraph (a), clause (3).
9.9EFFECTIVE DATE.This section is effective August 1, 2012.
9.10 Sec. 5. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
9.11 Subdivision 1. Students and other persons not currently licensed in another
9.12jurisdiction. (a) The board may issue a temporary license to practice social work to an
9.13applicant who is not licensed or credentialed to practice social work in any jurisdiction
9.14but has:
9.15 (1) applied for a license under section148E.055 ;
9.16 (2) applied for a temporary license on a form provided by the board;
9.17 (3) submitted a form provided by the board authorizing the board to complete a
9.18criminal background check;
9.19 (4) passed the applicable licensure examination provided for in section148E.055 ;
9.20 (5) attested on a form provided by the board that the applicant has completed the
9.21requirements for a baccalaureate or graduate degree in social work from a program
9.22accredited by the Council on Social Work Education, the Canadian Association of Schools
9.23of Social Work, or a similaraccreditation accrediting body designated by the board, or a
9.24doctorate in social work from an accredited university; and
9.25 (6) not engaged in conduct that was or would be in violation of the standards of
9.26practice specified in sections148E.195 to
148E.240 . If the applicant has engaged in
9.27conduct that was or would be in violation of the standards of practice, the board may take
9.28action according to sections148E.255 to
148E.270 .
9.29(b) A temporary license issued under this subdivision expires after six months.
9.30EFFECTIVE DATE.This section is effective August 1, 2012.
9.31 Sec. 6. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
9.32 Subd. 2. Emergency situations and persons currently licensed in another
9.33jurisdiction. (a) The board may issue a temporary license to practice social work to an
10.1applicant who is licensed or credentialed to practice social work in another jurisdiction,
10.2may or may not have applied for a license under section148E.055 , and has:
10.3 (1) applied for a temporary license on a form provided by the board;
10.4 (2) submitted a form provided by the board authorizing the board to complete a
10.5criminal background check;
10.6 (3) submitted evidence satisfactory to the board that the applicant is currently
10.7licensed or credentialed to practice social work in another jurisdiction;
10.8 (4) attested on a form provided by the board that the applicant has completed the
10.9requirements for a baccalaureate or graduate degree in social work from a program
10.10accredited by the Council on Social Work Education, the Canadian Association of Schools
10.11of Social Work, or a similaraccreditation accrediting body designated by the board, or a
10.12doctorate in social work from an accredited university; and
10.13 (5) not engaged in conduct that was or would be in violation of the standards of
10.14practice specified in sections148E.195 to
148E.240 . If the applicant has engaged in
10.15conduct that was or would be in violation of the standards of practice, the board may take
10.16action according to sections148E.255 to
148E.270 .
10.17(b) A temporary license issued under this subdivision expires after six months.
10.18EFFECTIVE DATE.This section is effective August 1, 2012.
10.19 Sec. 7. Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision
10.20to read:
10.21 Subd. 2a. Programs in candidacy status. (a) The board may issue a temporary
10.22license to practice social work to an applicant who has completed the requirements for a
10.23baccalaureate or graduate degree in social work from a program in candidacy status with
10.24the Council on Social Work Education, the Canadian Association of Schools of Social
10.25Work, or a similar accrediting body designated by the board, and has:
10.26(1) applied for a license under section 148E.055;
10.27(2) applied for a temporary license on a form provided by the board;
10.28(3) submitted a form provided by the board authorizing the board to complete a
10.29criminal background check;
10.30(4) passed the applicable licensure examination provided for in section 148E.055;
10.31and
10.32(5) not engaged in conduct that is in violation of the standards of practice specified
10.33in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
10.34violation of the standards of practice, the board may take action according to sections
10.35148E.255 to 148E.270.
11.1(b) A temporary license issued under this subdivision expires after 12 months but
11.2may be extended at the board's discretion upon a showing that the social work program
11.3remains in good standing with the Council on Social Work Education, the Canadian
11.4Association of Schools of Social Work, or a similar accrediting body designated by the
11.5board. If the board receives notice from the Council on Social Work Education, the
11.6Canadian Association of Schools of Social Work, or a similar accrediting body designated
11.7by the board that the social work program is not in good standing, or that the accreditation
11.8will not be granted to the social work program, the temporary license is immediately
11.9revoked.
11.10EFFECTIVE DATE.This section is effective August 1, 2012.
11.11 Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
11.12 Subd. 3. Teachers. (a) The board may issue a temporary license to practice social
11.13work to an applicant whose permanent residence is outside the United States, who is
11.14teaching social work at an academic institution in Minnesota for a period not to exceed
11.1512 months, who may or may not have applied for a license under section148E.055 , and
11.16who has:
11.17 (1) applied for a temporary license on a form provided by the board;
11.18 (2) submitted a form provided by the board authorizing the board to complete a
11.19criminal background check;
11.20 (3) attested on a form provided by the board that the applicant has completed the
11.21requirements for a baccalaureate or graduate degree in social work; and
11.22 (4) has not engaged in conduct that was or would be in violation of the standards
11.23of practice specified in sections148E.195 to
148E.240 . If the applicant has engaged in
11.24conduct that was or would be in violation of the standards of practice, the board may take
11.25action according to sections148E.255 to
148E.270 .
11.26(b) A temporary license issued under this subdivision expires after 12 months.
11.27EFFECTIVE DATE.This section is effective August 1, 2012.
11.28 Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
11.29 Subd. 5. Temporary license term.(a) A temporary license is valid until expiration,
11.30or until the board issues or denies the license according to section148E.055 , or until
11.31the board revokes the temporary license, whichever comes first. A temporary license is
11.32nonrenewable.
12.1(b) A temporary license issued according to subdivision 1 or 2 expires after six
12.2months.
12.3(c) A temporary license issued according to subdivision 3 expires after 12 months.
12.4EFFECTIVE DATE.This section is effective August 1, 2012.
12.5 Sec. 10. Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:
12.6 Subd. 2. Students. An internship, externship, or any other social work experience
12.7that is required for the completion of an accredited program of social work does not
12.8constitute the practice of social work under this chapter. Students exempted under this
12.9section may use the title "social work intern."
12.10EFFECTIVE DATE.This section is effective August 1, 2012.
12.11 Sec. 11. Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:
12.12 Subd. 4. City, county, and state agency social workers. The licensure of city,
12.13county, and state agency social workers is voluntary. City, county, and state agencies
12.14employing social workers are not required to employ licensed social workers.
12.15This subdivision expires July 1, 2016.
12.16EFFECTIVE DATE.This section is effective August 1, 2012.
12.17 Sec. 12. Minnesota Statutes 2010, section 148E.065, is amended by adding a
12.18subdivision to read:
12.19 Subd. 4a. City, county, and state social workers. (a) Beginning July 1, 2016, the
12.20licensure of city, county, and state agency social workers is voluntary, except an individual
12.21who is newly employed by a city or state agency after July 1, 2016, must be licensed
12.22if the individual who provides social work services, as those services are defined in
12.23section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
12.24incorporating the words "social work" or "social worker."
12.25(b) City, county, and state agencies employing social workers are not required to
12.26employ licensed social workers.
12.27EFFECTIVE DATE.This section is effective August 1, 2012.
12.28 Sec. 13. Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:
12.29 Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
12.30licensure of social workers who are employed by federally recognized tribes, or by private
13.1nonprofit agencies whose primary service focus addresses ethnic minority populations,
13.2and who are themselves members of ethnic minority populations within those agencies, is
13.3voluntary.
13.4This subdivision expires July 1, 2016.
13.5EFFECTIVE DATE.This section is effective August 1, 2012.
13.6 Sec. 14. Minnesota Statutes 2010, section 148E.065, is amended by adding a
13.7subdivision to read:
13.8 Subd. 5a. Tribes and private nonprofit agencies; voluntary licensure. (a) The
13.9licensure of social workers who are employed by federally recognized tribes is voluntary.
13.10(b) The licensure of private, nonprofit, nontribal agency social workers whose
13.11primary service focus addresses ethnic minority populations, and who are themselves
13.12members of ethnic minority populations within those agencies, is voluntary until July 1,
13.132016, when newly employed individuals who practice social work must be licensed as
13.14required under section 148E.055, subdivision 1.
13.15EFFECTIVE DATE.This section is effective August 1, 2012.
13.16 Sec. 15. Minnesota Statutes 2010, section 148E.120, is amended to read:
13.17148E.120 REQUIREMENTS OF SUPERVISORS.
13.18 Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
13.19paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a
13.20social worker must:
13.21 (1) have completed 30 hours of training in supervision through coursework from
13.22an accredited college or university, or through continuing education in compliance with
13.23sections148E.130 to
148E.170 ;
13.24 (2) be competent in the activities being supervised; and
13.25 (3) attest, on a form provided by the board, that the social worker has met the
13.26applicable requirements specified in this section and sections148E.100 to
148E.115 . The
13.27board may audit the information provided to determine compliance with the requirements
13.28of this section.
13.29(b) A licensed independent clinical social worker providing clinical licensing
13.30supervision to a licensed graduate social worker or a licensed independent social worker
13.31must have at least 2,000 hours of experience in authorized social work practice, including
13.321,000 hours of experience in clinical practice after obtaining a licensed independent
13.33clinical social worker license.
14.1(c) A licensed social worker, licensed graduate social worker, licensed independent
14.2social worker, or licensed independent clinical social worker providing nonclinical
14.3licensing supervision must have completed the supervised practice requirements specified
14.4in section148E.100 ,
148E.105 ,
148E.106 ,
148E.110 , or
148E.115 , as applicable.
14.5(d) If the board determines that supervision is not obtainable from an individual
14.6meeting the requirements specified in paragraph (a), the board may approve an alternate
14.7supervisor according to subdivision 2.
14.8 Subd. 2. Alternate supervisors. (a)The board may approve an alternate supervisor
14.9if: The board may approve an alternate supervisor as determined in this subdivision. The
14.10board shall approve up to 25 percent of the required supervision hours by a licensed mental
14.11health professional who is competent and qualified to provide supervision according to the
14.12mental health professional's respective licensing board, as established by section 245.462,
14.13subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
14.14(1) the board determines that supervision is not obtainable according to paragraph
14.15(b);
14.16(2) the licensee requests in the supervision plan submitted according to section
14.17148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
14.18(3) the licensee describes the proposed supervision and the name and qualifications
14.19of the proposed alternate supervisor; and
14.20(4) the requirements of paragraph (d) are met.
14.21(b) The board may determine that supervision is not obtainable if:
14.22(1) the licensee provides documentation as an attachment to the supervision plan
14.23submitted according to section
148E.125, subdivision 1, that the licensee has conducted a
14.24thorough search for a supervisor meeting the applicable licensure requirements specified
14.25in sections
148E.100 to
148E.115;
14.26(2) the licensee demonstrates to the board's satisfaction that the search was
14.27unsuccessful; and
14.28(3) the licensee describes the extent of the search and the names and locations of
14.29the persons and organizations contacted.
14.30(c) The requirements specified in paragraph (b) do not apply to obtaining licensing
14.31supervision for social work practice if the board determines that there are five or fewer
14.32supervisors meeting the applicable licensure requirements in sections
148E.100 to
14.33148E.115 in the county where the licensee practices social work.
14.34(d) An alternate supervisor must:
15.1(1) be an unlicensed social worker who is employed in, and provides the supervision
15.2in, a setting exempt from licensure by section
148E.065, and who has qualifications
15.3equivalent to the applicable requirements specified in sections
148E.100 to
148E.115;
15.4(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
15.5Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
15.6applicable requirements specified in sections
148E.100 to
148E.115; or
15.7(3) be a licensed marriage and family therapist or a mental health professional
15.8as established by section
245.462, subdivision 18, or
245.4871, subdivision 27, or an
15.9equivalent mental health professional, as determined by the board, who is licensed or
15.10credentialed by a state, territorial, provincial, or foreign licensing agency.
15.11(e) In order to qualify to provide clinical supervision of a licensed graduate social
15.12worker or licensed independent social worker engaged in clinical practice, the alternate
15.13supervisor must be a mental health professional as established by section
245.462,
15.14subdivision 18
, or
245.4871, subdivision 27, or an equivalent mental health professional,
15.15as determined by the board, who is licensed or credentialed by a state, territorial,
15.16provincial, or foreign licensing agency.
15.17(b) The board shall approve up to 100 percent of the required supervision hours by
15.18an alternate supervisor if the board determines that:
15.19(1) there are five or fewer supervisors in the county where the licensee practices
15.20social work who meet the applicable licensure requirements in subdivision 1;
15.21(2) the supervisor is an unlicensed social worker who is employed in, and provides
15.22the supervision in, a setting exempt from licensure by section 148E.065, and who has
15.23qualifications equivalent to the applicable requirements specified in sections 148E.100 to
15.24148E.115;
15.25(3) the supervisor is a social worker engaged in authorized social work practice
15.26in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
15.27qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
15.28or
15.29(4) the applicant or licensee is engaged in nonclinical authorized social work
15.30practice outside of Minnesota and the supervisor meets the qualifications equivalent to
15.31the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
15.32equivalent mental health professional, as determined by the board, who is credentialed by
15.33a state, territorial, provincial, or foreign licensing agency; or
15.34(5) the applicant or licensee is engaged in clinical authorized social work practice
15.35outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
15.36requirements in section 148E.115, or the supervisor is an equivalent mental health
16.1professional as determined by the board, who is credentialed by a state, territorial,
16.2provincial, or foreign licensing agency.
16.3(c) In order for the board to consider an alternate supervisor under this section,
16.4the licensee must:
16.5(1) request in the supervision plan and verification submitted according to section
16.6148E.125, that an alternate supervisor conduct the supervision; and
16.7(2) describe the proposed supervision and the name and qualifications of the
16.8proposed alternate supervisor. The board may audit the information provided to determine
16.9compliance with the requirements of this section.
16.10EFFECTIVE DATE.This section is effective August 1, 2012.
16.11 Sec. 16. Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:
16.12 Subd. 2. Representations. (a) No applicant or other individual may be represented
16.13to the public by any title incorporating the words "social work" or "social worker" unless
16.14the individual holds a license according to sections148E.055 and
148E.060 or practices in
16.15a setting exempt from licensure according to section148E.065 .
16.16 (b) In all professional use of a social worker's name, the social worker must use
16.17the license designation "LSW" or "licensed social worker" for a licensed social worker,
16.18"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
16.19"LISW" or "licensed independent social worker" for a licensed independent social worker,
16.20or "LICSW" or "licensed independent clinical social worker" for a licensed independent
16.21clinical social worker.
16.22 (c) Public statements or advertisements must not be untruthful, misleading, false,
16.23fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
16.24students, supervisees, or the public.
16.25 (d) A social worker must not:
16.26 (1) use licensure status as a claim, promise, or guarantee of successful service;
16.27 (2) obtain a license by cheating or employing fraud or deception;
16.28 (3) make false statements or misrepresentations to the board or in materials
16.29submitted to the board; or
16.30 (4) engage in conduct that has the potential to deceive or defraud a social work
16.31client, intern, student, supervisee, or the public.
16.32(e) This subdivision expires July 1, 2016.
16.33EFFECTIVE DATE.This section is effective August 1, 2012.
17.1 Sec. 17. Minnesota Statutes 2010, section 148E.195, is amended by adding a
17.2subdivision to read:
17.3 Subd. 2a. Representations. Effective July 1, 2016:
17.4(a) No applicant or other individual may be represented to the public by any title
17.5incorporating the words "social work" or "social worker" unless the individual is employed
17.6by a county or holds a license according to this chapter.
17.7(b) In all professional use of a social worker's name, the social worker must use
17.8the license designation "LSW" or "licensed social worker" for a licensed social worker,
17.9"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
17.10"LISW" or "licensed independent social worker" for a licensed independent social worker,
17.11or "LICSW" or "licensed independent clinical social worker" for a licensed independent
17.12clinical social worker.
17.13(c) Public statements or advertisements must not be untruthful, misleading, false,
17.14fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
17.15students, supervisees, or the public.
17.16(d) A social worker must not:
17.17(1) use licensure status as a claim, promise, or guarantee of successful service;
17.18(2) obtain a license by cheating or employing fraud or deception;
17.19(3) make false statements or misrepresentations to the board or in materials
17.20submitted to the board; or
17.21(4) engage in conduct that has the potential to deceive or defraud a social work
17.22client, intern, student, supervisee, or the public.
17.23EFFECTIVE DATE.This section is effective August 1, 2012.
17.24 Sec. 18. Minnesota Statutes 2010, section 148E.280, is amended to read:
17.25148E.280 USE OF TITLES.
17.26 (a) No individual may be presented to the public by any title incorporating the words
17.27"social work" or "social worker" or in the titles in section148E.195 , unless that individual
17.28holds a license under sections148E.055 and
148E.060 , or practices in a setting exempt
17.29from licensure under section148E.065 .
17.30This paragraph expires July 1, 2016.
17.31(b) Effective July 1, 2016, no individual may be presented to the public by any
17.32title incorporating the words "social work" or "social worker" or in the titles in section
17.33148E.195, unless that individual is employed by a county or holds a license under this
17.34chapter.
18.1EFFECTIVE DATE.This section is effective August 1, 2012.
18.2 Sec. 19. REPEALER.
18.3Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1,
18.42012.
1.3workers;amending Minnesota Statutes 2010, sections 148E.055, subdivision
1.41; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065,
1.5subdivisions 2, 4, 5, by adding subdivisions; 148E.120; 148E.195, subdivision 2,
1.6by adding a subdivision; 148E.280; proposing coding for new law in Minnesota
1.7Statutes, chapter 148E; repealing Minnesota Statutes 2010, section 148E.065,
1.8subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to
1.11read:
1.12 Subdivision 1. License required. (a) In order to practice social work, an individual
1.13must have a social work license under this section or section
1.14individual is exempt from licensure according to section
1.15 (b) Individuals who teach professional social work knowledge, skills, and values to
1.16students and who have a social work degree from a program accredited by the Council
1.17on Social Work Education, the Canadian Association of Schools of Social Work, or a
1.18similar
1.19license under this section or section
1.20licensure according to section
1.21(c) Effective July 1, 2016, an individual who is newly employed by a city or
1.22state agency or a private nonprofit nontribal agency previously exempt from licensure
1.23under Minnesota Statutes 2010, section 148D.065, subdivision 5, and section 148E.065,
1.24subdivision 5, must be licensed if:
1.25(1) the individual is presented to the public by any title incorporating the words
1.26"social work" or "social worker"; or
2.1(2) the individual has a baccalaureate or graduate degree in social work from a
2.2program accredited by the Council on Social Work Education, the Canadian Association
2.3of Schools of Social Work, or a similar accrediting body designated by the board, and the
2.4individual provides social work services, including clinical social work services, as those
2.5services are defined in section 148E.010, subdivisions 6 and 11.
2.6EFFECTIVE DATE.This section is effective August 1, 2012.
2.7 Sec. 2. [148E.0555] LICENSE REQUIREMENTS; GRANDFATHERING.
2.8 Subdivision 1. Grandfathering period. (a) The board shall issue a license to an
2.9applicant who meets all the requirements in this section and has submitted a completed,
2.10signed application and the required fee between January 1, 2013, and December 31, 2014.
2.11(b) If the applicant does not provide all of the information requested by the board
2.12by December 31, 2015, the applicant is considered ineligible and the application for
2.13licensure is closed.
2.14 Subd. 2. Eligible agency personnel. When submitting the application for licensure,
2.15the applicant must provide evidence satisfactory to the board that the applicant is currently
2.16employed by a:
2.17(1) Minnesota city or state agency, and:
2.18(i) at any time within three years of the date of submitting an application for
2.19licensure was presented to the public by any title incorporating the words "social work" or
2.20"social worker," while employed by that agency for a minimum of six months; or
2.21(ii) at any time within three years of the date of submitting an application for
2.22licensure was engaged in the practice of social work, including clinical social work, as
2.23described in section 148E.010, subdivisions 6 and 11, while employed by that agency
2.24for a minimum of six months; or
2.25(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic
2.26minority populations, and the applicant is a member of an ethnic minority population
2.27within the agency, previously exempt from licensure under Minnesota Statutes 2010,
2.28section 148D.065, subdivision 5, and section 148E.065, subdivision 5, and:
2.29(i) at any time within three years of the date of submitting an application for
2.30licensure was presented to the public by any title incorporating the words "social work" or
2.31"social worker," while employed by that agency for a minimum of six months; or
2.32(ii) at any time within three years of the date of submitting an application for
2.33licensure was engaged in the practice of social work, including clinical social work, as
2.34described under section 148E.010, subdivisions 6 and 11, while employed by that agency
2.35for a minimum of six months.
3.1 Subd. 3. Qualifications during grandfathering for licensure as LSW. (a) To
3.2be licensed as a licensed social worker, an applicant for licensure under this section
3.3must provide evidence satisfactory to the board that the individual has completed a
3.4baccalaureate degree:
3.5(1) in social work from a program accredited by the Council on Social Work
3.6Education, the Canadian Association of Schools of Social Work, or a similar accrediting
3.7body designated by the board; or
3.8(2) in psychology, sociology, human services, or social and behavioral sciences
3.9from an accredited college or university; or
3.10(3) with a major in any field from an accredited college or university, and one year of
3.11experience in the practice of social work as described in section 148E.010, subdivision 11.
3.12(b) To be licensed as a licensed social worker, an applicant for licensure under this
3.13section must provide evidence satisfactory to the board that the individual has:
3.14(1) submitted a completed, signed application and the license fee in section
3.15148E.180;
3.16(2) for applications submitted electronically, provided an attestation as specified
3.17by the board;
3.18(3) submitted the criminal background check fee and a form provided by the board
3.19authorizing a criminal background check;
3.20(4) paid the applicable license fee in section 148E.180; and
3.21(5) not engaged in conduct that was or would be in violation of the standards
3.22of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
3.23sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
3.24would be in violation of the standards of practice, the board may take action according to
3.25sections 148E.255 to 148E.270.
3.26(c) An application that is not completed and signed, or that is not accompanied by
3.27the correct license fee, must be returned to the applicant, along with any fee submitted,
3.28and is void.
3.29(d) By submitting an application for licensure, an applicant authorizes the board to
3.30investigate any information provided or requested in the application. The board may
3.31request that the applicant provide additional information, verification, or documentation.
3.32(e) Within one year of the time the board receives an application for licensure, the
3.33applicant must meet all the requirements and provide all of the information requested by
3.34the board according to paragraphs (a) and (b).
3.35(f) Prelicensure supervised practice hours may be applied to meet the requirements
3.36of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
4.1requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
4.2obtained on or after August 1, 2011, must meet the supervised practice requirements in
4.3sections 148E.100 to 148E.125.
4.4(g) In addition to the required supervisors listed in Minnesota Statutes 2010,
4.5section 148D.120 and section 148E.120, an alternate supervisor may include a qualified
4.6professional who has a bachelor's or graduate degree, and the authority to direct the
4.7practice of the applicant, including, but not limited to, an agency director, or agency or
4.8consulting supervisor, as determined appropriate by the board.
4.9(h) Unless completed at the time of application for licensure, a licensee granted a
4.10license by the board under this section must meet the supervised practice requirements
4.11in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice
4.12requirements, the board may take action according to sections 148E.255 to 148E.270.
4.13 Subd. 4. Qualifications during grandfathering for licensure as LGSW. (a) To
4.14be licensed as a licensed graduate social worker, an applicant for licensure under this
4.15section must provide evidence satisfactory to the board that the individual has completed
4.16a graduate degree:
4.17(1) in social work from a program accredited by the Council on Social Work
4.18Education, the Canadian Association of Schools of Social Work, or a similar accrediting
4.19body designated by the board; or
4.20(2) in psychology, sociology, marriage and family therapy, human services, or social
4.21and behavioral sciences from an accredited college or university; or
4.22(3) with a major in any field from an accredited college or university, and one year
4.23of experience in the practice of social work as described in section 148E.010, subdivisions
4.246 and 11.
4.25(b) To be licensed as a licensed graduate social worker, an applicant for licensure
4.26under this section must provide evidence satisfactory to the board that the individual has:
4.27(1) submitted a completed, signed application and the license fee in section
4.28148E.180;
4.29(2) for applications submitted electronically, provided an attestation as specified
4.30by the board;
4.31(3) submitted the criminal background check fee and a form provided by the board
4.32authorizing a criminal background check;
4.33(4) paid the applicable license fee in section 148E.180; and
4.34(5) not engaged in conduct that was or would be in violation of the standards
4.35of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
4.36sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
5.1would be in violation of the standards of practice, the board may take action according to
5.2sections 148E.255 to 148E.270.
5.3(c) An application that is not completed and signed, or that is not accompanied by
5.4the correct license fee, must be returned to the applicant, along with any fee submitted,
5.5and is void.
5.6(d) By submitting an application for licensure, an applicant authorizes the board to
5.7investigate any information provided or requested in the application. The board may
5.8request that the applicant provide additional information, verification, or documentation.
5.9(e) Within one year of the time the board receives an application for licensure, the
5.10applicant must meet all the requirements and provide all of the information requested by
5.11the board according to paragraphs (a) and (b).
5.12(f) Prelicensure supervised practice hours may be applied to meet the requirements
5.13of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
5.14requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
5.15obtained on or after August 1, 2011, must meet the supervised practice requirements in
5.16sections 148E.100 to 148E.125.
5.17(g) In addition to the required supervisors listed in Minnesota Statutes 2010, section
5.18148D.120, and section 148E.120, an alternate supervisor of nonclinical practice may
5.19include a qualified professional who has a bachelor's or graduate degree, and the authority
5.20to direct the practice of the applicant, including, but not limited to, an agency director, or
5.21agency or consulting supervisor, as determined appropriate by the board.
5.22(h) Unless completed at the time of application for licensure, a licensee granted a
5.23license by the board under this section must meet the supervised practice requirements
5.24specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised
5.25practice requirements, the board may take action according to sections 148E.255 to
5.26148E.270.
5.27 Subd. 5. Qualifications during grandfathering for licensure as LISW. (a) To be
5.28licensed as a licensed independent social worker, an applicant for licensure under this
5.29section must provide evidence satisfactory to the board that the individual has completed
5.30a graduate degree:
5.31(1) in social work from a program accredited by the Council on Social Work
5.32Education, the Canadian Association of Schools of Social Work, or a similar accrediting
5.33body designated by the board; or
5.34(2) in psychology, sociology, marriage and family therapy, human services, or social
5.35and behavioral sciences from an accredited college or university; or
6.1(3) with a major in any field from an accredited college or university, and one year
6.2of experience in the practice of social work according to section 148E.010, subdivision 11.
6.3(b) To be licensed as a licensed independent social worker, an applicant for licensure
6.4under this section must provide evidence satisfactory to the board that the individual has:
6.5(1) practiced social work as defined in section 148E.010, subdivision 11, and has
6.6met the supervised practice requirements as follows: (i) for hours obtained prior to
6.7August 1, 2011, has met the requirements in Minnesota Statutes 2010, sections 148D.100
6.8to 148D.125; (ii) for hours obtained after August 1, 2011, has met the requirements in
6.9sections 148E.100 to 148E.125; and (iii) in addition to the supervisors listed in Minnesota
6.10Statutes 2010, section 148D.120, or section 148E.120, an alternate supervisor of
6.11nonclinical practice may include a qualified professional who has a bachelor's or graduate
6.12degree and the authority to direct the practice of the applicant, including but not limited to
6.13an agency director, or agency or consulting supervisor as determined by the board.
6.14(2) submitted a completed, signed application and the license fee in section
6.15148E.180;
6.16(3) for applications submitted electronically, provided an attestation as specified
6.17by the board;
6.18(4) submitted the criminal background check fee and a form provided by the board
6.19authorizing a criminal background check;
6.20(5) paid the applicable license fee specified in section 148E.180; and
6.21(6) not engaged in conduct that was or would be in violation of the standards
6.22of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
6.23sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
6.24would be in violation of the standards of practice, the board may take action according to
6.25sections 148E.255 to 148E.270.
6.26(c) An application that is not completed, signed, and accompanied by the correct
6.27license fee must be returned to the applicant, along with any fee submitted, and is void.
6.28(d) By submitting an application for licensure, an applicant authorizes the board to
6.29investigate any information provided or requested in the application. The board may
6.30request that the applicant provide additional information, verification, or documentation.
6.31(e) Within one year of the time the board receives an application for licensure, the
6.32applicant must meet all the requirements and provide all of the information requested by
6.33the board according to paragraphs (a) and (b).
6.34(f) Upon licensure, a licensed independent social worker who practices clinical
6.35social work must meet the supervised practice requirements specified in sections 148E.100
7.1to 148E.125. If a licensee does not meet the supervised practice requirements, the board
7.2may take action according to sections 148E.255 to 148E.270.
7.3 Subd. 6. Qualifications during grandfathering for licensure as LICSW. (a) To be
7.4licensed as a licensed independent clinical social worker, an applicant for licensure under
7.5this section must provide evidence satisfactory to the board that the individual has:
7.6(1) completed a graduate degree in social work from a program accredited by the
7.7Council on Social Work Education, the Canadian Association of Schools of Social Work,
7.8or a similar accrediting body designated by the board; or
7.9(2) completed a graduate degree and is a mental health professional according to
7.10section 245.462, subdivision 18, clauses (1) to (6).
7.11(b) To be licensed as a licensed independent clinical social worker, an applicant
7.12for licensure under this section must provide evidence satisfactory to the board that the
7.13individual has:
7.14(1) practiced clinical social work as defined in section 148E.010, subdivision 6,
7.15including both diagnosis and treatment, and has met the supervised practice requirements
7.16specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical
7.17client contact specified in section 148E.115, subdivision 1, except that supervised practice
7.18hours obtained prior to August 1, 2011, must meet the requirements in Minnesota Statutes
7.192010, sections 148D.100 to 148D.125;
7.20(2) submitted a completed, signed application and the license fee in section
7.21148E.180;
7.22(3) for applications submitted electronically, provided an attestation as specified
7.23by the board;
7.24(4) submitted the criminal background check fee and a form provided by the board
7.25authorizing a criminal background check;
7.26(5) paid the license fee in section 148E.180; and
7.27(6) not engaged in conduct that was or would be in violation of the standards
7.28of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
7.29sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
7.30would be in violation of the standards of practice, the board may take action according to
7.31sections 148E.255 to 148E.270.
7.32(c) An application which is not completed, signed, and accompanied by the correct
7.33license fee must be returned to the applicant, along with any fee submitted, and is void.
7.34(d) By submitting an application for licensure, an applicant authorizes the board to
7.35investigate any information provided or requested in the application. The board may
7.36request that the applicant provide additional information, verification, or documentation.
8.1(e) Within one year of the time the board receives an application for licensure, the
8.2applicant must meet all the requirements and provide all of the information requested
8.3by the board.
8.4 Subd. 7. Criminal background checks. The provisions of section 148E.055,
8.5subdivision 8, apply to criminal background checks described under this section.
8.6EFFECTIVE DATE.This section is effective August 1, 2012.
8.7 Sec. 3. [148E.0556] LISW TRANSITION PERIOD EXCEPTION.
8.8At any time on or after January 1, 2013, until December 31, 2017, to qualify for a
8.9licensed independent social worker license, an applicant must submit an application to the
8.10board for a licensed independent social worker license and:
8.11(1) hold a current licensed graduate social worker license issued through
8.12grandfathering under section 148E.0555, subdivision 4, and:
8.13(i) meet all requirements in effect at the time of application according to section
8.14148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.15(ii) meet the supervised practice requirements according to section 148E.055,
8.16subdivision 4, paragraph (a), clause (2); or
8.17(2) hold a current licensed graduate social worker license issued through
8.18grandfathering prior to July 1, 1996, and:
8.19(i) meet all requirements in effect at the time of application according to section
8.20148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.21(ii) meet the supervised practice requirements according to section 148E.055,
8.22subdivision 4, paragraph (a), clause (2).
8.23EFFECTIVE DATE.This section is effective August 1, 2012.
8.24 Sec. 4. [148E.0557] LICSW TRANSITION PERIOD EXCEPTION.
8.25At any time on or after January 1, 2013, until December 31, 2017, to qualify for
8.26a licensed independent clinical social worker license, an applicant must submit an
8.27application to the board for a licensed independent clinical social worker license and:
8.28(1) hold a current licensed graduate social worker or licensed independent social
8.29worker license issued through grandfathering under section 148E.0555, subdivision 4
8.30or 5, and:
8.31(i) meet all requirements in effect at the time of application according to section
8.32148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.1(ii) meet the supervised practice requirements according to section 148E.055,
9.2subdivision 5, paragraph (a), clause (3); or
9.3(2) hold a current licensed graduate social worker or licensed independent social
9.4worker license issued through grandfathering prior to July 1, 1996, and:
9.5(i) meet all requirements in effect at the time of application according to section
9.6148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.7(ii) meet the supervised practice requirements according to section 148E.055,
9.8subdivision 5, paragraph (a), clause (3).
9.9EFFECTIVE DATE.This section is effective August 1, 2012.
9.10 Sec. 5. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
9.11 Subdivision 1. Students and other persons not currently licensed in another
9.12jurisdiction. (a) The board may issue a temporary license to practice social work to an
9.13applicant who is not licensed or credentialed to practice social work in any jurisdiction
9.14but has:
9.15 (1) applied for a license under section
9.16 (2) applied for a temporary license on a form provided by the board;
9.17 (3) submitted a form provided by the board authorizing the board to complete a
9.18criminal background check;
9.19 (4) passed the applicable licensure examination provided for in section
9.20 (5) attested on a form provided by the board that the applicant has completed the
9.21requirements for a baccalaureate or graduate degree in social work from a program
9.22accredited by the Council on Social Work Education, the Canadian Association of Schools
9.23of Social Work, or a similar
9.24doctorate in social work from an accredited university; and
9.25 (6) not engaged in conduct that was or would be in violation of the standards of
9.26practice specified in sections
9.27conduct that was or would be in violation of the standards of practice, the board may take
9.28action according to sections
9.29(b) A temporary license issued under this subdivision expires after six months.
9.30EFFECTIVE DATE.This section is effective August 1, 2012.
9.31 Sec. 6. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
9.32 Subd. 2. Emergency situations and persons currently licensed in another
9.33jurisdiction. (a) The board may issue a temporary license to practice social work to an
10.1applicant who is licensed or credentialed to practice social work in another jurisdiction,
10.2may or may not have applied for a license under section
10.3 (1) applied for a temporary license on a form provided by the board;
10.4 (2) submitted a form provided by the board authorizing the board to complete a
10.5criminal background check;
10.6 (3) submitted evidence satisfactory to the board that the applicant is currently
10.7licensed or credentialed to practice social work in another jurisdiction;
10.8 (4) attested on a form provided by the board that the applicant has completed the
10.9requirements for a baccalaureate or graduate degree in social work from a program
10.10accredited by the Council on Social Work Education, the Canadian Association of Schools
10.11of Social Work, or a similar
10.12doctorate in social work from an accredited university; and
10.13 (5) not engaged in conduct that was or would be in violation of the standards of
10.14practice specified in sections
10.15conduct that was or would be in violation of the standards of practice, the board may take
10.16action according to sections
10.17(b) A temporary license issued under this subdivision expires after six months.
10.18EFFECTIVE DATE.This section is effective August 1, 2012.
10.19 Sec. 7. Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision
10.20to read:
10.21 Subd. 2a. Programs in candidacy status. (a) The board may issue a temporary
10.22license to practice social work to an applicant who has completed the requirements for a
10.23baccalaureate or graduate degree in social work from a program in candidacy status with
10.24the Council on Social Work Education, the Canadian Association of Schools of Social
10.25Work, or a similar accrediting body designated by the board, and has:
10.26(1) applied for a license under section 148E.055;
10.27(2) applied for a temporary license on a form provided by the board;
10.28(3) submitted a form provided by the board authorizing the board to complete a
10.29criminal background check;
10.30(4) passed the applicable licensure examination provided for in section 148E.055;
10.31and
10.32(5) not engaged in conduct that is in violation of the standards of practice specified
10.33in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
10.34violation of the standards of practice, the board may take action according to sections
10.35148E.255 to 148E.270.
11.1(b) A temporary license issued under this subdivision expires after 12 months but
11.2may be extended at the board's discretion upon a showing that the social work program
11.3remains in good standing with the Council on Social Work Education, the Canadian
11.4Association of Schools of Social Work, or a similar accrediting body designated by the
11.5board. If the board receives notice from the Council on Social Work Education, the
11.6Canadian Association of Schools of Social Work, or a similar accrediting body designated
11.7by the board that the social work program is not in good standing, or that the accreditation
11.8will not be granted to the social work program, the temporary license is immediately
11.9revoked.
11.10EFFECTIVE DATE.This section is effective August 1, 2012.
11.11 Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
11.12 Subd. 3. Teachers. (a) The board may issue a temporary license to practice social
11.13work to an applicant whose permanent residence is outside the United States, who is
11.14teaching social work at an academic institution in Minnesota for a period not to exceed
11.1512 months, who may or may not have applied for a license under section
11.16who has:
11.17 (1) applied for a temporary license on a form provided by the board;
11.18 (2) submitted a form provided by the board authorizing the board to complete a
11.19criminal background check;
11.20 (3) attested on a form provided by the board that the applicant has completed the
11.21requirements for a baccalaureate or graduate degree in social work; and
11.22 (4) has not engaged in conduct that was or would be in violation of the standards
11.23of practice specified in sections
11.24conduct that was or would be in violation of the standards of practice, the board may take
11.25action according to sections
11.26(b) A temporary license issued under this subdivision expires after 12 months.
11.27EFFECTIVE DATE.This section is effective August 1, 2012.
11.28 Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
11.29 Subd. 5. Temporary license term.
11.30or until the board issues or denies the license according to section
11.31the board revokes the temporary license, whichever comes first. A temporary license is
11.32nonrenewable.
12.1
12.2
12.3
12.4EFFECTIVE DATE.This section is effective August 1, 2012.
12.5 Sec. 10. Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:
12.6 Subd. 2. Students. An internship, externship, or any other social work experience
12.7that is required for the completion of an accredited program of social work does not
12.8constitute the practice of social work under this chapter. Students exempted under this
12.9section may use the title "social work intern."
12.10EFFECTIVE DATE.This section is effective August 1, 2012.
12.11 Sec. 11. Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:
12.12 Subd. 4. City, county, and state agency social workers. The licensure of city,
12.13county, and state agency social workers is voluntary. City, county, and state agencies
12.14employing social workers are not required to employ licensed social workers.
12.15This subdivision expires July 1, 2016.
12.16EFFECTIVE DATE.This section is effective August 1, 2012.
12.17 Sec. 12. Minnesota Statutes 2010, section 148E.065, is amended by adding a
12.18subdivision to read:
12.19 Subd. 4a. City, county, and state social workers. (a) Beginning July 1, 2016, the
12.20licensure of city, county, and state agency social workers is voluntary, except an individual
12.21who is newly employed by a city or state agency after July 1, 2016, must be licensed
12.22if the individual who provides social work services, as those services are defined in
12.23section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
12.24incorporating the words "social work" or "social worker."
12.25(b) City, county, and state agencies employing social workers are not required to
12.26employ licensed social workers.
12.27EFFECTIVE DATE.This section is effective August 1, 2012.
12.28 Sec. 13. Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:
12.29 Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
12.30licensure of social workers who are employed by federally recognized tribes, or by private
13.1nonprofit agencies whose primary service focus addresses ethnic minority populations,
13.2and who are themselves members of ethnic minority populations within those agencies, is
13.3voluntary.
13.4This subdivision expires July 1, 2016.
13.5EFFECTIVE DATE.This section is effective August 1, 2012.
13.6 Sec. 14. Minnesota Statutes 2010, section 148E.065, is amended by adding a
13.7subdivision to read:
13.8 Subd. 5a. Tribes and private nonprofit agencies; voluntary licensure. (a) The
13.9licensure of social workers who are employed by federally recognized tribes is voluntary.
13.10(b) The licensure of private, nonprofit, nontribal agency social workers whose
13.11primary service focus addresses ethnic minority populations, and who are themselves
13.12members of ethnic minority populations within those agencies, is voluntary until July 1,
13.132016, when newly employed individuals who practice social work must be licensed as
13.14required under section 148E.055, subdivision 1.
13.15EFFECTIVE DATE.This section is effective August 1, 2012.
13.16 Sec. 15. Minnesota Statutes 2010, section 148E.120, is amended to read:
13.17148E.120 REQUIREMENTS OF SUPERVISORS.
13.18 Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
13.19
13.20social worker must:
13.21 (1) have completed 30 hours of training in supervision through coursework from
13.22an accredited college or university, or through continuing education in compliance with
13.23sections
13.24 (2) be competent in the activities being supervised; and
13.25 (3) attest, on a form provided by the board, that the social worker has met the
13.26applicable requirements specified in this section and sections
13.27board may audit the information provided to determine compliance with the requirements
13.28of this section.
13.29(b) A licensed independent clinical social worker providing clinical licensing
13.30supervision to a licensed graduate social worker or a licensed independent social worker
13.31must have at least 2,000 hours of experience in authorized social work practice, including
13.321,000 hours of experience in clinical practice after obtaining a licensed independent
13.33clinical social worker license.
14.1(c) A licensed social worker, licensed graduate social worker, licensed independent
14.2social worker, or licensed independent clinical social worker providing nonclinical
14.3licensing supervision must have completed the supervised practice requirements specified
14.4in section
14.5
14.6
14.7
14.8 Subd. 2. Alternate supervisors. (a)
14.9
14.10board shall approve up to 25 percent of the required supervision hours by a licensed mental
14.11health professional who is competent and qualified to provide supervision according to the
14.12mental health professional's respective licensing board, as established by section 245.462,
14.13subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
14.14
14.15
14.16
14.17
14.18
14.19
14.20
14.21
14.22
14.23
14.24
14.25
14.26
14.27
14.28
14.29
14.30
14.31
14.32
14.33
14.34
15.1
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
15.10
15.11
15.12
15.13
15.14
15.15
15.16
15.17(b) The board shall approve up to 100 percent of the required supervision hours by
15.18an alternate supervisor if the board determines that:
15.19(1) there are five or fewer supervisors in the county where the licensee practices
15.20social work who meet the applicable licensure requirements in subdivision 1;
15.21(2) the supervisor is an unlicensed social worker who is employed in, and provides
15.22the supervision in, a setting exempt from licensure by section 148E.065, and who has
15.23qualifications equivalent to the applicable requirements specified in sections 148E.100 to
15.24148E.115;
15.25(3) the supervisor is a social worker engaged in authorized social work practice
15.26in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
15.27qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
15.28or
15.29(4) the applicant or licensee is engaged in nonclinical authorized social work
15.30practice outside of Minnesota and the supervisor meets the qualifications equivalent to
15.31the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
15.32equivalent mental health professional, as determined by the board, who is credentialed by
15.33a state, territorial, provincial, or foreign licensing agency; or
15.34(5) the applicant or licensee is engaged in clinical authorized social work practice
15.35outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
15.36requirements in section 148E.115, or the supervisor is an equivalent mental health
16.1professional as determined by the board, who is credentialed by a state, territorial,
16.2provincial, or foreign licensing agency.
16.3(c) In order for the board to consider an alternate supervisor under this section,
16.4the licensee must:
16.5(1) request in the supervision plan and verification submitted according to section
16.6148E.125, that an alternate supervisor conduct the supervision; and
16.7(2) describe the proposed supervision and the name and qualifications of the
16.8proposed alternate supervisor. The board may audit the information provided to determine
16.9compliance with the requirements of this section.
16.10EFFECTIVE DATE.This section is effective August 1, 2012.
16.11 Sec. 16. Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:
16.12 Subd. 2. Representations. (a) No applicant or other individual may be represented
16.13to the public by any title incorporating the words "social work" or "social worker" unless
16.14the individual holds a license according to sections
16.15a setting exempt from licensure according to section
16.16 (b) In all professional use of a social worker's name, the social worker must use
16.17the license designation "LSW" or "licensed social worker" for a licensed social worker,
16.18"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
16.19"LISW" or "licensed independent social worker" for a licensed independent social worker,
16.20or "LICSW" or "licensed independent clinical social worker" for a licensed independent
16.21clinical social worker.
16.22 (c) Public statements or advertisements must not be untruthful, misleading, false,
16.23fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
16.24students, supervisees, or the public.
16.25 (d) A social worker must not:
16.26 (1) use licensure status as a claim, promise, or guarantee of successful service;
16.27 (2) obtain a license by cheating or employing fraud or deception;
16.28 (3) make false statements or misrepresentations to the board or in materials
16.29submitted to the board; or
16.30 (4) engage in conduct that has the potential to deceive or defraud a social work
16.31client, intern, student, supervisee, or the public.
16.32(e) This subdivision expires July 1, 2016.
16.33EFFECTIVE DATE.This section is effective August 1, 2012.
17.1 Sec. 17. Minnesota Statutes 2010, section 148E.195, is amended by adding a
17.2subdivision to read:
17.3 Subd. 2a. Representations. Effective July 1, 2016:
17.4(a) No applicant or other individual may be represented to the public by any title
17.5incorporating the words "social work" or "social worker" unless the individual is employed
17.6by a county or holds a license according to this chapter.
17.7(b) In all professional use of a social worker's name, the social worker must use
17.8the license designation "LSW" or "licensed social worker" for a licensed social worker,
17.9"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
17.10"LISW" or "licensed independent social worker" for a licensed independent social worker,
17.11or "LICSW" or "licensed independent clinical social worker" for a licensed independent
17.12clinical social worker.
17.13(c) Public statements or advertisements must not be untruthful, misleading, false,
17.14fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
17.15students, supervisees, or the public.
17.16(d) A social worker must not:
17.17(1) use licensure status as a claim, promise, or guarantee of successful service;
17.18(2) obtain a license by cheating or employing fraud or deception;
17.19(3) make false statements or misrepresentations to the board or in materials
17.20submitted to the board; or
17.21(4) engage in conduct that has the potential to deceive or defraud a social work
17.22client, intern, student, supervisee, or the public.
17.23EFFECTIVE DATE.This section is effective August 1, 2012.
17.24 Sec. 18. Minnesota Statutes 2010, section 148E.280, is amended to read:
17.25148E.280 USE OF TITLES.
17.26 (a) No individual may be presented to the public by any title incorporating the words
17.27"social work" or "social worker" or in the titles in section
17.28holds a license under sections
17.29from licensure under section
17.30This paragraph expires July 1, 2016.
17.31(b) Effective July 1, 2016, no individual may be presented to the public by any
17.32title incorporating the words "social work" or "social worker" or in the titles in section
17.33148E.195, unless that individual is employed by a county or holds a license under this
17.34chapter.
18.1EFFECTIVE DATE.This section is effective August 1, 2012.
18.2 Sec. 19. REPEALER.
18.3Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1,
18.42012.
