2022 -- S 2764 SUBSTITUTE A

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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: Senators Valverde, and DiMario

     Date Introduced: March 24, 2022

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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

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

     5-39.1-4. Social worker privilege.

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

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

services except:

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

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

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

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

individuals;

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

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

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

commission of this crime is the subject of inquiry;

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

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

the waiver shall be limited to that action;

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

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

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

behalf of the client.

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

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

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

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

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

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

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

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

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

     (3) State employees.; or

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

university within the last two (2) years as long as that individual meets all of the following

conditions:

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

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

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

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

social worker pursuant to § 5-39.1-8;

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

trainee” or other clearly indicating training status; and

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

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

     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

accredited college or university within the past two (2) years to practice within the field prior to

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

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

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

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

     This act would take effect upon passage.

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