Chapter 309

2004 -- H 7973 AS AMENDED

Enacted 07/03/04

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- SOCIAL WORKERS

Introduced By: Representatives Slater, Williams, Tejada, Anguilla, and Malik

Date Introduced: February 12, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-39.1-3 of the General Laws in Chapter 5-39.1 entitled "License

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

5-39.1-3. Title and practice regulation. -- (a) Any individual licensed under this chapter

may use the title "licensed clinical social worker" and the abbreviation "L.C.S.W." or the title

"licensed independent clinical social worker" and the abbreviation "L.I.C.S.W."; provided, that

the title and abbreviation correspond to the license held pursuant to this chapter.

      (b) No individual shall represent herself or himself as a "licensed clinical social worker",

"L.C.S.W.", "licensed independent clinical social worker", or "L.I.C.S.W." unless she or he is

licensed as a "licensed clinical social worker" or "licensed independent clinical social worker"

pursuant to this chapter and unless the title and abbreviation correspond to the license held

pursuant to this chapter.

      (c) Those currently holding the title "certified social worker" and "certified independent

social worker" assume the titles "licensed clinical social worker" and "licensed independent social

worker", respectively. These licensees are exempt from the examination but are required to fulfill

all other criteria for licensure as defined in this chapter.

      (d) No individual shall use "licensed social worker", "clinical social worker",

"psychiatric social worker", or any other designation implying qualification to practice clinical

social work unless she or he is licensed as a "licensed clinical social worker" or "licensed

independent clinical social worker" pursuant to this chapter.

      (e) Any individual licensed as a "licensed clinical social worker" and under supervision,

as defined in this chapter, is permitted to practice clinical social work, whether in a private

practice or in association with a public or private agency or institution.

      (f) Any individual licensed as a "licensed independent social worker" is permitted to

practice clinical social work autonomously, whether in a private practice or in association with a

public or private agency or institution.

      (g) No individual shall engage in the practice of clinical social work unless she or he

holds an active license as a "licensed clinical social worker" or "licensed independent clinical

social worker".

(h) Notwithstanding any provisions in sections 5-39.1-1 through 5-39.1-14 or any other

general or public law to the contrary, any nursing facility licensed under chapter 17 of title 23 that

employs a social worker or social worker designee who meets all of the following criteria shall be

granted a variance to the “qualified social worker” provisions of section 29 (or any comparable or

successor section) of the rules and regulations for licensing of nursing facilities promulgated by

the department of health. Such criteria shall be limited to: (1) meets the centers for Medicare and

Medicaid requirements for long-term care facilities under 42 CFR part 483, subpart B (or any

successor regulation); (2) is currently employed by a nursing facility licensed under chapter 17 of

title 23; and (3) has been continuously employed in a nursing facility licensed under chapter 17 of

title 23 commencing on or before July 1, 2003.

     SECTION 2. This act shall take effect upon passage.

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LC02181

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