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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- LICENSE PROCEDURE FOR

SOCIAL WORKERS

     

     Introduced By: Representatives Caldwell, Craven, Carson, Speakman, Fogarty, Solomon,
Filippi, Casimiro, Shanley, and Alzate

     Date Introduced: February 02, 2022

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-39.1-4 of the General Laws in Chapter 5-39.1 entitled "License

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Procedure for Social Workers" is hereby amended to read as follows:

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     5-39.1-4. Social worker privilege.

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     (a) No licensee under this chapter or an employee of a licensee may disclose any

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information acquired from clients or persons consulting with the licensee to render professional

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services except:

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     (1) With the written consent of the person(s) or, in the case of death or disability, of the

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individual's personal representative, or person authorized to sue, or the beneficiary of an insurance

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policy on an individual's life, health, or physical conditions;

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     (2) When there is a clear and present danger to the safety of the patient or client or to other

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individuals;

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     (3) When a person is a minor under the laws of this state and the information acquired by

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the licensee involves abuse of the minor, the licensee is required to report this pursuant to § 40-11-

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3 and may be required to testify fully in an examination, trial, or other proceeding in which the

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commission of this crime is the subject of inquiry;

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     (4) When the person licensed or certified under this chapter is a party defendant to a civil,

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criminal, or disciplinary action arising from a complaint filed by the patient or client, in which case

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the waiver shall be limited to that action;

 

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     (5) When the licensee is called upon to testify in court or administrative hearings

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concerning the potential for abuse or neglect in foster and adoptive placements; or

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     (6) When the licensee is collaborating or consulting with an administrative superior on

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behalf of the client.

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     (b) The provisions of this chapter do not apply to the following individuals:

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     (1) Qualified members of other professions or occupations engaging in practices similar in

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nature to clinical social work; provided, that they are authorized by the laws of this state to engage

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in similar practices, do not represent themselves as a "licensed clinical social worker" or "licensed

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independent clinical social worker," and do not characterize their practices as clinical social work;

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     (2) Students engaged in doctorate- or master's-level study in a school of social work

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accredited by the council on social work education; provided, that the students are practicing as

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part of a supervised course of study and designated by such titles as "social-work intern," "social-

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work trainee," "social-work student," or others clearly indicating training status; or

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     (3) State employees.; or

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     (4) Individuals who have attained a masters of social work from an accredited college or

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university within the last eighteen (18) months as long as that individual meets all of the following

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conditions:

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     (i) The individual is authorized to take the examination required pursuant to regulations

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promulgated by the department, and has not previously failed that examination more than once;

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     (ii) The individual performs all such social work services under the direct personal

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supervision of a person who holds a valid Rhode Island license as a licensed independent clinical

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social worker pursuant to § 5-39.1-8;

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     (iii) The individual is designated or identified as “social-work intern”, “social-work

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trainee” or other clearly indicating training status; and

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     (iv) The individual does not hold themselves out to the public as any title or description

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which states or implies that the individual is licensed to practice social work in Rhode Island.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- LICENSE PROCEDURE FOR

SOCIAL WORKERS

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     This act would allow individuals who have received their masters of social work from an

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accredited college or university within the last eighteen (18) months to practice within the field

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prior to obtaining a license to do so, so long as they have not failed the examination for licensing

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more than once, work directly under the supervision of an individual who is licensed as an

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independent clinical social worker in Rhode Island, are designated as an intern or trainee, and

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refrain from portraying to the public that they are licensed to practice social work in Rhode Island.

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     This act would take effect upon passage.

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