| Chapter 166 |
| 2022 -- H 7269 SUBSTITUTE A Enacted 06/27/2022 |
| 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 |
| 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 eighteen (18) months 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 that states or implies that the individual is licensed to practice social work in Rhode Island. |
| SECTION 2. This act shall take effect upon passage. |
| ======== |
| LC003901/SUB A/2 |
| ======== |