2012 -- H 7539

=======

LC01564

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - LICENSE PROCEDURE FOR SOCIAL

WORKERS

     Introduced By: Representatives Cimini, Martin, Bennett, McNamara, and Tomasso

     Date Introduced: February 15, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 5-39.1-2 of the General Laws in Chapter 5-39.1 entitled "License

1-2

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

1-3

     5-39.1-2. Definitions. -- As used in this chapter:

1-4

      (1) "Board" means the state board of social work examiners for licensure of social

1-5

workers.

1-6

      (2) "Clinical social work practice" means the professional application of social work

1-7

theories, methods, and values in the diagnosis, assessment, and treatment of cognitive, affective,

1-8

and behavioral disorders arising from physical, environmental, or emotional conditions. Clinical

1-9

social work services include, but are not limited to, diagnosis; assessment; evaluation;

1-10

psychotherapy and counseling for individuals, couples, families, and groups; client-centered

1-11

advocacy; consultation; and supervision. Clinical social work services do not include

1-12

psychological testing, and nothing in this chapter shall be construed to permit social workers to

1-13

practice psychology.

1-14

      (3) "Continuing education hours" means actual hours earned in continuing education

1-15

courses, seminars, and workshops.

1-16

      (4) "Department" means the Rhode Island department of health.

1-17

      (5) "Director" means the director of the Rhode Island department of health.

1-18

      (6) "Division" means the division of professional regulation in the Rhode Island

1-19

department of health.

2-1

      (7) (i) "Experience" means three thousand (3,000) hours of post-master's practice of

2-2

clinical social work during a twenty-four (24) to seventy-two (72) month period of time

2-3

immediately preceding the date of application for licensure.

2-4

      (ii) One thousand five hundred (1,500) hours must consist of providing clinical social

2-5

work services directly to clients.

2-6

      (8) "Supervision" means face-to-face contact with a licensed independent clinical social

2-7

worker for the purpose of apprising the supervisor of the diagnosis, assessment, and treatment of

2-8

each client; receiving oversight and guidance from the supervisor in the delivery of clinical social

2-9

work services to each client; and being evaluated by the supervisor. This contact must consist of:

2-10

      (i) A minimum of two (2) hours of supervision every two (2) weeks;

2-11

      (ii) A minimum of one hour of supervision per twenty (20) hours of direct contact with

2-12

clients, whether or not the number of hours of supervision required for a two (2) week period

2-13

have been met;

2-14

      (iii) One-to-one contact with the supervisor at least seventy-five percent (75%) of the

2-15

time with group supervision of no more than ten (10) supervisees during the balance of the time;

2-16

and

2-17

      (iv) Supervision by an individual other than the applicant's parents, spouse, former

2-18

spouse, siblings, children, employees, or anyone sharing the same household or any romantic,

2-19

domestic, or familial relationship.

2-20

     (9) “Social worker” means an individual who has:

2-21

     (i) Received a baccalaureate or master’s degree in social work from an accredited social

2-22

work program approved by the council on social work education; and

2-23

     (ii) Received a doctorate or Ph.D. in social work.

2-24

     SECTION 2. Section 5-39.1-3 of the General Laws in Chapter 5-39.1 entitled "License

2-25

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

2-26

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

2-27

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

2-28

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

2-29

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

2-30

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

2-31

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

2-32

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

2-33

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

2-34

pursuant to this chapter.

3-1

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

3-2

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

3-3

social worker", respectively. These licensees are exempt from the examination but shall be

3-4

required to fulfill all other criteria for licensure as defined in this chapter.

3-5

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

3-6

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

3-7

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

3-8

independent clinical social worker" pursuant to this chapter.

3-9

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

3-10

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

3-11

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

3-12

      (f) Any individual licensed as a "licensed independent social worker" shall be permitted

3-13

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

3-14

a public or private agency or institution.

3-15

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

3-16

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

3-17

social worker".

3-18

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

3-19

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

3-20

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

3-21

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

3-22

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

3-23

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

3-24

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

3-25

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

3-26

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

3-27

title 23 commencing on or before July 1, 2003.

3-28

     (i) No individual shall represent himself or herself as a social worker unless he or she has

3-29

met the criteria as set forth in subdivision 5-39.1-2(9).

3-30

     (j) No government entities, public or private agencies, businesses or organizations in the

3-31

state shall use the title social worker or any form of the title for volunteer or employment

3-32

positions or within contracts for services, documents, manuals, or reference material unless the

3-33

volunteers or employees in those positions are qualified pursuant to subdivision 5-39.1-2(9).

4-34

     SECTION 3. Section 5-39.1-8 of the General Laws in Chapter 5-39.1 entitled "License

4-35

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

4-36

     5-39.1-8. Licenses. -- (a) The department shall issue the appropriate license to applicants

4-37

who meet the qualifications of the section.

4-38

      (b) Prerequisites: "Licensed clinical social worker". - A license as a "licensed clinical

4-39

social worker" shall be issued to an applicant who meets the following qualifications:

4-40

      (1) Has a doctorate in clinical social work from a duly accredited college or university or

4-41

master's degree from a school of social work accredited by the council on social work education,

4-42

and

4-43

      (2) Has satisfactorily completed an examination for this license, or

4-44

      (3) Has a comparable license, certification, or registration from the state, or another state

4-45

or territory of the United States that imposes qualifications substantially similar to those of this

4-46

chapter, as determined by the board.

4-47

      (c) Prerequisites: "Licensed independent clinical social worker". - A license for a

4-48

"licensed independent clinical social worker" shall be issued to an applicant who meets the

4-49

following qualifications:

4-50

      (1) Is licensed under this chapter as a "licensed clinical social worker", and

4-51

      (2) Has twenty-four (24) months of experience acceptable to the board, under

4-52

appropriate supervision, and

4-53

      (3) Has fulfilled the continuing education requirements for this license, and

4-54

      (4) Has satisfactorily completed an examination for this license, or

4-55

      (5) Has a comparable license, certification, or registration from the state, or another state

4-56

or territory of the United States that imposes qualifications substantially similar to those of this

4-57

chapter.

4-58

      (d) In addition to these qualifications, an applicant for any of the these titles must prove

4-59

to the board's satisfaction:

4-60

      (1) An age of at least twenty-one (21) years;

4-61

      (2) That he or she merits the public trust;

4-62

      (3) A United States citizenship or proof of other legal resident status;

4-63

      (4) An absence of conviction of a felony, which is subject to waiver by the board upon

4-64

presentation of satisfactory evidence that this conviction does not impair the ability of the person

4-65

to conduct with safety to the public the practice authorized by this license. The applicant shall

4-66

bear the burden of proving that his or her conviction does not impair his or her ability to conduct

4-67

with safety to the public the practice authorized by this license;

5-68

      (5) An absence of NASW sanction for violation of Code of Ethics, or other state board

5-69

sanction which is subject to waiver by the board upon presentation of satisfactory evidence that

5-70

this sanction does not impair the ability of the person to conduct with safety to the public the

5-71

practice authorized by this license. The applicant bears the burden of proving that his or her

5-72

sanction does not impair his or her ability to conduct with safety to the public the practice

5-73

authorized by this license;

5-74

      (6) That the applicant has not been declared mentally incompetent by any court, and if

5-75

any decree has ever been rendered, that there has been a subsequent court determination that the

5-76

applicant is competent; and

5-77

      (7) Freedom from use of any controlled substance or any alcoholic beverages to the

5-78

extent that the use impairs the ability of the person to conduct with safety to the public the

5-79

practice authorized by this license. The applicant bears the burden of proving that he or she is free

5-80

from use of any controlled substance or any alcoholic beverages that impair his or her ability to

5-81

conduct with safety to the public the practice authorized by this license.

5-82

     (e) Prerequisites: “Social worker” shall be exempt from the provisions of this section,

5-83

provided he or she possesses the qualifications set forth in subdivision 5-39.1-2(9).

5-84

     SECTION 4. This act shall take effect upon passage.

=======

LC01564

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - LICENSE PROCEDURE FOR SOCIAL

WORKERS

***

6-1

     This act would define the educational requirements necessary to qualify an individual as

6-2

a social worker, and further provides that no government entities, public or private agencies,

6-3

businesses or organizations in the state, shall use the title social worker or any form of the title for

6-4

volunteer or employment positions or within contracts for services, documents, manuals, or

6-5

reference materials, unless the volunteers or employees in those positions are qualified. The act

6-6

would also exempt social workers from the license procedures for social workers.

6-7

     This act would take effect upon passage.

=======

LC01564

=======