ISSUE NUMBER 8 • FALL 2021

Board Bulletin | Minnesota Board of Social Work Newsletter

Compliance Toolkit

The Compliance Toolkit is a regular feature of the Board Bulletin that will provide you with tools for handling common ethical dilemmas and issues related to the Standards of Practice found in the Minnesota Social Work Practice Act. Consider the following scenario:

Governor Walz issued a very important Executive Order 21-25, Protecting Minnesotans from “Conversion Therapy” on July 15, 2021.  The Executive Order (EO) begins by stating, “Our State embodies the core values of One Minnesota when all Minnesotans are accepted, cared for, and protected from unsafe and discredited medical practices.  So-called "conversion therapy," sometimes known as "reparative therapy," is a range of dangerous and discredited practices that falsely claim to change a person's sexual orientation, gender identity, or gender expression. The scientific, medical, and education communities overwhelmingly reject conversion therapy because it lacks scientific validation, poses dangerous health risks to the individuals and communities involved, and contributes to health and social inequities.”

EO 21-25 cites numerous health organizations, professional education organizations, the Minnesota House Health and Human Services Policy Committee, Minnesota Human Rights Act Minnesota Department of Commerce, several Minnesota cities, and more than 23 other states that have taken action against conversion therapy.

How Does EO 21-25 Impact the BOSW Licensees?

In EO 21-25 the Governor orders that: “All state agencies must pursue opportunities and coordinate with each other to protect Minnesotans, particularly minors and vulnerable adults, from conversion therapy to the fullest extent of their authority.”  Specifically, the Governor orders that: Responsible state boards and commissions, including but not limited to the Board of Behavioral Health and Therapy, the Board of Marriage and Family Therapy, the Board of Medical Practice, the Board of Psychology, the Board of Nursing, the Board of Social Work, the State Advisory Council on Mental Health, and the Subcommittee on Children’s Mental Health, are strongly encouraged to evaluate conversion therapy practices in light of the overwhelming scientific consensus rejecting these practices and, to the extent necessary and permissible under existing law, develop rules prohibiting conversion therapy use by licensees.

What is the BOSW Response? 

The Board discussed EO 21-25 at its September 17, 2021, commended Governor Walz for issuing this important Executive Order, and approved an affirmative statement of support.

The Board voted unanimously to not develop rules in response to EO 21-25, as the BOSW already has the authority in the Board’s Practice Act, Minnesota Statute 148E, to investigate and take action, as appropriate, on any complaints that are received regarding conversion therapy, should such complaints allege a violation of the Board’s Standards of Practice.  The Board also supported the possibility of its Legislative and Rules Committee considering any issues that may arise in the future. 

Specifically, MS 148E.215 Responsibilities to Clients states in part:

“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.”

In addition, MS 148E.210 Professional and Ethical Conduct states in part:

“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”

 

Key Takeaways