It is enacted by the General Assembly as follows:

SECTION 1. Chapter 5-39 of the General Laws entitled "Social Workers" is hereby repealed in its entirety.

{DEL 5-39-1. Certification required. -- DEL} {DEL In order to safeguard the welfare and health of the people of the state of Rhode Island, it shall be unlawful for any person to represent himself or herself as a certified social worker or certified independent social worker in this state, or to use any title, abbreviation, sign, card or device to indicate that such a person is a certified social worker or certified independent social worker unless that person has been duly certified under the provisions of this chapter. DEL}

{DEL 5-39-1.1. Definitions. -- DEL} {DEL As used in this chapter:

(A) "Certified Social Worker" means a person with broad knowledge of social work practice, with significant portions of his professional activity involving independent judgment and initiative, while utilizing professional consultation or supervision.

(B) "Certified Independent Social Worker" means a person with broad knowledge of clinical social work practice, with concentration in specific areas, who is capable of assuming independent accountability for the outcome of service.

(C) "Clinical Social Work Practice" means the professional application of social work theory and methods to the treatment and prevention of psychosocial dysfunction, disability or impairment including emotional and mental disorders. It is based on knowledge of one or more theories of human development within a psychosocial context. Clinical social work services consist of assessment, diagnosis, and treatment utilizing a variety of treatment modalities including, but not limited to, individual and group psychotherapy, marriage and family therapy, client-centered advocacy, consultation, evaluation and supervision. The process of clinical social work is undertaken within the objectives of social work and the principles and values contained in the national association of social workers (NASW) code of ethics. DEL}

{DEL 5-39-2. Board of certification -- Creation -- Composition. -- DEL} {DEL Within the state department of human services, there shall be a board of certification of social workers consisting of five (5) certified social workers and/or certified independent social workers as provided by sections 5-39-3 -- 5-39-7, inclusive. DEL}

{DEL 5-39-3. Board of certification -- Appointment, terms and removal of members. -- DEL} {DEL The director of human services, with the approval of the governor, shall appoint five (5) certified electors of this state who are entitled to represent themselves in this state as certified social workers or certified independent social workers.

In the month of June, 1962, and annually thereafter, the director of human services shall appoint one (1) certified social worker or certified independent social worker to serve for a term of five (5) years and until his or her successor has been appointed and qualified; provided, however, no appointee shall be eligible to succeed himself or herself.

The director of human services may remove any member from the board of certification of social workers for neglect of any duty required by law or for any incompetency, unprofessional or dishonorable conduct. Vacancies shall be filled in the same manner as the original appointment is made for the remainder of the term. Before beginning his or her term of office, each member of the board shall take the oath prescribed by law for state officers, which shall be filed with the secretary of state. DEL}

{DEL 5-39-4. Board of certification -- Qualifications of members. -- DEL} {DEL Each member of the board of certification of social workers shall be a certified social worker or certified independent social worker or eligible for certification as provided by section 5-39-9. DEL}

{DEL 5-39-5. Board of certification -- Organization and meetings. -- DEL} {DEL The board of certification of social workers shall organize immediately after the appointment and qualification of the members thereof. The board shall elect annually from its membership a chairperson, vice-chairperson and secretary. Meetings may be called by the chairperson, the director of human services, or upon written request of three (3) members of the board. Three (3) members of the board, including one officer, shall constitute a quorum at any meeting. The board shall meet as often as is necessary. DEL}

{DEL 5-39-6. Board of certification -- General powers. -- DEL} {DEL The board of certification of social workers, with the approval of the director of human services, is authorized to adopt and, from time to time, revise such rules and regulations not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter. The board shall recommend for certification only duly qualified applicants. The board shall review applications for certification at least twice a year. The board shall adopt policies to be followed in the review of applications for certification. The board shall adopt policies governing the renewal of certifications of duly qualified applicants. The board shall have the power to conduct hearings upon charges calling for revocation of a certification. The director of human services shall cause the prosecution of all persons violating this chapter and shall have power to incur such necessary expenses therefor. The board shall keep a record of all its proceedings. The board may utilize such other persons as may be necessary to carry on the work of the board. The board shall also act in an advisory capacity to the director of human services in all matters pertaining to the certification of social workers. DEL}

{DEL 5-39-7. Board of certification -- Reimbursement of members' expenses. -- DEL} {DEL The members of the board of certification of social workers shall serve without compensation, but shall be entitled to receive reimbursement for all reasonable, actual and necessary expenses incurred in the performance of their duties. DEL}

{DEL 5-39-8. Register of social workers -- Records -- Issuance of certificates of certification. -- DEL} {DEL The director of human services shall maintain a register of all social workers certified under this chapter, which shall be open at all reasonable times to public inspection, and shall be custodian of all records pertaining to certification of social workers. Certificates of certification shall be issued only upon recommendation of the board of certification of social workers. DEL}

{DEL 5-39-9. Qualifications of certified social workers and certified independent social workers. -- DEL} {DEL Any applicant for certification shall submit to the board of certification of social workers written evidence on forms furnished by the board, verifying that the applicant has graduated and received a master's degree from a school of social work accredited by the council on social work education or its predecessor organization, or a more advanced degree in social work.

(A) Certified social worker. An applicant who meets the following qualifications shall be certified as a "certified social worker":

(1) Has a master's degree from a school of social work accredited by the council on social work education, or a more advanced degree in social work.

(2) Has passed the examination given by the board for this purpose, or such other examination as is accepted as equivalent by the board.

(3) Has satisfied the board that he or she merits the public trust.

(B) Certified independent social worker. An applicant who meets the following qualifications shall be certified as a "certified independent social worker":

(1) Has a master's degree from a school of social work accredited by the council on social work education, or a more advanced degree in social work.

(2) Has had at least two (2) years or three thousand (3,000) hours of direct post MSW (Masters of Social Work) clinical practice supervised by a qualified clinical social worker who meets the qualifications listed in subsections (B) (1), (2), and (4) of this section.

(3) Has passed the examination given by the board for this purpose, or such other examination as is accepted as equivalent by the board.

(4) Has satisfied the board that he or she merits the public trust. DEL}

{DEL 5-39-10. Examination of applicants. -- DEL} {DEL Examinations for certification shall be scheduled and conducted by the board of certification of social workers at least twice annually according to methods and in such subject fields as it deems most appropriate. The board may require examinations to be written or oral, or both. In any written examination, the identity of the applicants shall not be disclosed to the board until after the examination papers have been graded. Written examination papers shall be preserved and available to the board for at least two (2) years. DEL}

{DEL 5-39-10.1. Reciprocity. -- DEL} {DEL An applicant may be certified as a certified social worker or certified independent social worker if he or she satisfies the board of certification of social workers that he or she is licensed or certified under the laws of another state or territory of the United States which imposes substantially the same requirements as that for which certification is sought. DEL}

{DEL 5-39-10.2. Exemptions of applicants for certification as certified social worker. -- DEL} {DEL All persons who are certified social workers under this chapter on July 1, 1984 will continue to be certified as certified social workers. An applicant who fulfills the academic and experience requirements of section 5-39-9 may apply for certification as a certified independent social worker. DEL}

{DEL 5-39-10.3. Certificates of certification. -- DEL} {DEL The applicant shall be certified and will receive a certificate of certification when the board of certification of social workers has determined that the applicant meets the qualifications required for certification. DEL}

{DEL 5-39-11. Application fee for certified social workers. -- DEL} {DEL The applicant applying for certification shall pay a fee of fifty dollars ($50.00) to the department of human services. DEL}

{DEL 5-39-12. Right to use title of certified social worker and certified independent social worker. -- DEL} {DEL Any person who has received a certification shall have the right to use the designation or title, "certified social worker" and the abbreviation "C.S.W.", designation or the designation or title "certified independent social worker" and the abbreviation "C.I.S.W." and hold himself or herself out to the public as such. No other person shall assume that title or designation, use that abbreviation or any other word or letters, signs, figures or devices to indicate that the person using the same is a certified social worker or certified independent social worker, or to cause public confusion with respect to any title, designation or description of services set out in this chapter. DEL}

{DEL 5-39-13. Expiration and renewal of certification. -- DEL} {DEL The certificate of every person certified under the provisions of this chapter shall expire on the first day of May next following the date of certification. On or before the first day of March in each year, the board of certification of social workers shall mail an application for renewal of certification to every person to whom a certification has been issued or renewed during the current year, and every person so certified who desires to renew his or her certification shall file with the board that renewal application duly executed together with a renewal fee of twenty-five dollars ($25.00) on or before the first day of May in each year. Upon receipt of that application and payment of the fee, the accuracy of the application shall be verified and the director of human services shall issue a renewal certification effective May 2nd, and expiring the following May 1st.

Any person who allows his or her certification to lapse by failing to renew the certification on or before May 1st in any year, as provided above, may be reinstated by the director of human services on payment of the current renewal fee, plus an additional fee of ten dollars ($10.00). Any person using the title or designation "certified social worker" or certified independent social worker during the time his or her certification has lapsed shall be subject to the penalties provided for violation of this chapter. DEL}

{DEL 5-39-14. Transfer to inactive list -- Reinstatement. -- DEL} {DEL A certified social worker or certified independent social worker who does not intend to be employed as a certified social worker or certified independent social worker, upon written request to the director of human services, may have his or her name transferred to an inactive list, and shall not be required to pay the renewal fee as long as he or she remains inactive. Should he or she wish to resume employment as a certified social worker or certified independent social worker, he or she shall so notify the director of human services and remit his or her renewal fee and his or her certification shall be reinstated. DEL}

{DEL 5-39-15. Disposition of fees and fines. -- DEL} {DEL All fees received by the board of certification of social workers and all fines collected under this chapter shall be paid to the general treasurer. DEL}

{DEL 5-39-16. Grounds for denial, revocation, or suspension of certification of certified social workers. -- DEL} {DEL The board of certification of social workers shall have power to deny, revoke or suspend any certification issued by the director of human services or applied for in accordance with this chapter or otherwise to discipline a certified social worker upon proof that the person:

(1) is guilty of fraud or deceit in procuring or attempting to procure a certification;

(2) has been convicted of any crime which has a substantial relationship to the registrant's activities and services of the person certified or an essential element which is misstatement, fraud or dishonesty;

(3) is habitually intemperate or is addicted to the use of habit forming drugs;

(4) is mentally incompetent;

(5) has willfully or repeatedly violated any of the provisions of this chapter;

(6) is guilty of gross negligence in the performance of his or her duties. DEL}

{DEL 5-39-17. Procedure for discipline of certified social workers. -- DEL} {DEL When a sworn complaint is filed with the director of human services charging a person with having been guilty of any of the actions specified in section 5-39-16, the director of human services shall immediately investigate those charges, or, the board of certification of social workers, after investigation, may institute charges. In the event that investigation, in the opinion of the board, shall reveal reasonable grounds for believing that the applicant or certified social worker, or certified independent social worker is guilty of the charges, the board shall fix a time and place for hearing thereof, and shall cause a copy of the charges together with a notice of the time and the place fixed for hearing to be served personally upon the accused at least twenty (20) days prior to the time fixed for the hearing. When personal service cannot be effected and that fact is certified by oath by any person duly authorized to make service, the board shall cause to be published once in each of two (2) successive weeks, a notice of the hearing in a newspaper published in the county where the accused last resided according to the records of the board and shall mail a copy of the charges and of the notice to the accused at his or her last known address. When publication of notice is necessary the date of hearing shall not be less than twenty (20) days after the last date of publication of the notice. At the hearing, the accused shall have the right to appear personally or by counsel or both, to produce witnesses and evidence on his or her behalf, to cross-examine witnesses and to have subpoenas issued by the board. The attendance of witnesses and the production of books, documents and papers at the hearing may be compelled by subpoenas issued by the board, which shall be served in accordance with law. At the hearing, the chairman of the board shall administer oaths as may be necessary for the proper conduct of the hearing. The board shall not be bound by the strict rules of procedure or by the laws of evidence in the conduct of its proceedings but the determination shall be based upon sufficient legal evidence to sustain it. If the accused is found guilty of the charges, the board may refuse to issue a certification to the applicant or may revoke or suspend his or her certification or otherwise discipline that person.

Upon the revocation or suspension of any certification, the holder thereof shall surrender the certification to the director of human services who shall strike the name of the holder from the register of certified social workers or certified independent social workers.

A revoked or suspended certification may be reviewed at the discretion of the board. DEL}

{DEL 5-39-18. Grounds for suspension or denial of certification without hearing. -- DEL} {DEL In the event a person shall be hospitalized for mental illness or as an alcoholic as defined in chapter 4 of title 40.1, the board of certification of social workers may, without the necessity of the proceedings provided for in section 5-39-17 above, suspend, or refuse to renew the certification of that person for the duration of that confinement or until that person shall be medically discharged from that hospitalization. DEL}

{DEL 5-39-19. Rehearings by board. -- DEL} {DEL Any person aggrieved by or suffering legal wrong because of any order of the board of certification of social workers or the director of human services refusing to issue or revoking or suspending a certification, may apply to the board for a hearing in respect to those matters within ten (10) days from the date of the service of the order and the board shall grant or deny a rehearing within ten (10) days from the date of the filing of application therefor. If a rehearing or reconsideration be granted, the matter shall be determined by the board within thirty (30) days after the rehearing or reconsideration shall be submitted. No cause of action arising out of any order of the board or the director of human services shall accrue to any party unless that party shall make application for a rehearing as herein provided. DEL}

{DEL 5-39-20. Appeals from board or director. -- DEL} {DEL An appeal from any decision or order of the board of certification of social workers or director of human services may be taken by any aggrieved party in the manner provided for in chapter 35 of title 42. DEL}

{DEL 5-39-21. Penalty for violations. -- DEL} {DEL It shall be a misdemeanor for any person in offering his or her services to the public to:

(a) Use in connection with his or her name any designation tending to imply that he or she is a certified social worker or certified independent social worker unless duly certified under the provisions of this chapter.

(b) Use in connection with his or her name any designation tending to imply that he or she is a certified social worker or certified independent social worker during the time his or her certification issued under the provisions of this chapter shall be suspended or revoked.

(c) Otherwise violate any of the provisions of this chapter.

All such misdemeanors shall be punishable by a fine of not less than five hundred dollars ($500) for each offense. DEL}

{DEL 5-39-22. Injunction of violations. -- DEL} {DEL When it appears to the board of certification of social workers that any person is violating any of the provisions of this chapter, the director of human services may cause to be instituted an action, commenced in the name of the board, to enjoin that violation in a court of competent jurisdiction and that court may enjoin the person from violating any of the provisions of this chapter without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted. DEL}

{DEL 5-39-23. Employment of social workers by social agencies, hospitals, and institutions. -- DEL} {DEL No provision of this chapter shall be construed as prohibiting any person from serving as a social worker or employee of any social agency, hospital or institution including those employed by the state or municipal agencies. DEL}

{DEL 5-39-24. Enforcement of chapter. -- DEL} {DEL The director of human services shall enforce the provisions of this chapter. The director of human services and the board of certification of social workers shall be exempt from providing surety for costs in connection with the commencement of any legal proceedings under this chapter. DEL}

{DEL 5-39-25. Severability. -- DEL} {DEL The provisions of this chapter are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions. DEL}

SECTION 2. Title 5 of the General Laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:

{ADD 5-39.1-1. Short title. -- ADD} {ADD This chapter shall be known and may be cited as the Rhode Island Social Worker License Act. ADD}

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

"Department" is the Rhode Island department of health.

"Division" is the division of professional regulation in the R.I. department of health.

"Director" is the director of the R.I. department of health.

"Clinical Social Work Practice" is defined as the professional application of social work theories, methods, and values in the diagnosis, assessment, and treatment of cognitive, affective, and behavioral disorders arising from physical, environmental, or emotional conditions. Clinical social work services shall include but shall not be limited to diagnosis; assessment; evaluation, psychotherapy and counseling for individuals, couples, families, and groups; client-centered advocacy; consultation; and supervision. Clinical social work does not include psychological testing and nothing in this chapter shall be construed as permitting social workers to practice psychology.

"Experience" is defined as three thousand (3,000) hours of post-master's practice of clinical social work during a twenty-four (24) to seventy-two (72) month period of time immediately preceding the date of application for licensure.

One thousand five hundred (1,500) hours must consist of providing clinical social work services directly to clients.

"Supervision" is defined as face-to-face contact with a licensed independent clinical social worker for the purpose of apprising the supervisor of the diagnosis, assessment, and treatment of each client; receiving oversight and guidance from the supervisor in the delivery of clinical social work services to each client; and being evaluated by the supervisor. This contact must consist of:

(1) A minimum of two (2) hours of supervision every two (2) weeks, and

(2) A minimum of one (1) hour of supervision per twenty (20) hours of direct contact with clients whether or not the number of hours of supervision required for a two (2) week period have been met, and

(3) One-to-one contact with the supervisor at least seventy-five percent (75%) of the time with group supervision of no more than ten (10) supervisees during the balance of the time, and

(4) Supervision by an individual other than the applicant's parents; spouse; former spouse; siblings; children; employees; or anyone sharing the same household or any romantic, domestic, or familial relationship.

"Board" is defined as the state board of social work examiners for licensure of social workers.

"Continuing education hours" is defined as actual hours earned in continuing education courses, seminars and workshops. ADD}

{ADD 5-39.1-3. Title and practice regulation. -- ADD} {ADD (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 "Licensed Clinical Social Worker" or "Licensed Independent Clinical Social Worker" pursuant to this chapter and provided that the title and abbreviation correspond to the licensed held pursuant to this chapter.

(c) Those currently holding the title "Certified Social Work" and "Certified Independent Social Worker" shall assume the titles "Licensed Clinical Social Worker" and "Licensed Independent Social Worker" respectively. These licensees shall be exempt from the examination but shall be 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 such 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 shall be 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" shall be 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". ADD}

{ADD 5-39.1-4. Social worker privilege. -- ADD} {ADD No licensee under this chapter or an employee of licensee may disclose any information which was acquired from clients or persons consulting with the licensee to render professional services except:

(a) 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, or

(b) When there is a clear and present danger to the safety of the patient or client or, to other individuals.

(c) 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 the same pursuant to R.I.G.L. 40-11-3 and may be required to testify fully in an examination, trial, or other proceeding in which the commission of such crime is the subject of inquiry, or

(d) 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, or

(e) 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

(f) When the licensee is collaborating or consulting with an administrative superior on behalf of the client.

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 such 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.

(3) State employees. ADD}

{ADD 5-39.1-5. Agency powers. -- ADD} {ADD The department of health shall promulgate rules and regulations as may be reasonably necessary for the administration of this chapter and to further its purposes. The department of health, on the recommendation of the board of social work examiners shall issue licenses to those qualified under this chapter; shall examine individuals seeking licensure and pass on such examinations; and shall determine if applicants are duly qualified for licensure. ADD}

{ADD 5-39.1-6. Board of social work examiners. -- ADD} {ADD Within the department there shall be established a board of social work examiners.

The governor shall appoint a board consisting of seven (7) members. Two (2) shall be social workers, two (2)shall be licensed clinical social workers; and two (2) shall be licensed independent clinical social workers. (for the purposes of initial appointments certified social workers will represent licensed clinical social workers and certified independent social workers shall represent licensed independent social workers). One (1) member shall be a public member. At least one (1) member shall be a NASW member.

All board members shall be appointed for a term of three (3) years. No member shall serve more than nine (9) consecutive years. In the event a member cannot complete his or her term, a successor shall be appointed to serve the unexpired term.

Terms of initial members shall be staggered with two (2) members appointed for a one (1) year term, two (2) for two (2) years, and three (3) for three (3) year terms.

The governor may remove any member of the board for cause. ADD}

{ADD 5-39.1-7. Powers and duties of the board. -- ADD} {ADD The organization, meetings, and management of the board shall be established by regulations promulgated by the department of health.

In addition to the duties set forth elsewhere in this chapter, the board shall:

(1) Examine and pass on the qualifications of all applicants for licensure under this chapter, and recommend to the director that a license be issued to each qualified successful applicant, therefore attesting to the applicant's professional qualification to practice as a "licensed clinical social worker" or a "licensed independent clinical social worker";

(2) approve, oversee, and be responsible for all examinations for licensure under this chapter;

(3) recommend that the director adopt rules and regulations that set professional practice standards for LCSW's and LICSW's;

(4) establish standards for the continuing education of social workers;

(5) recommend modifications or amendments deemed necessary to effectuate its purpose;

(6) the board shall be responsible for all disciplinary functions carried out regarding all licensees under this chapter;

(7) the board shall have such other powers as may be required to carry out the provisions of this chapter. ADD}

{ADD 5-39.1-8. Licenses. -- ADD} {ADD The department shall issue the appropriate license to applicants who meet the qualifications of the section.

Prerequisites--"licensed clinical social worker"

A license as a "licensed clinical social worker" shall be issued to an applicant who meets the following qualifications:

(1) Has a doctorate or master's degree from a school of social work accredited by the council on social work education, and

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

(3) has a comparable license, certification or registration from the state of Rhode Island, another state or territory of the United States that imposes qualifications substantially similar to those of this chapter, as determined by the board.

(4) Prerequisites--"licensed independent clinical social worker"

(5) a license for a "licensed independent clinical social worker" shall be issued to an applicant who meets the following qualifications:

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

(b) has twenty-four (24) months of experience acceptable to the board, under appropriate supervision, and

(c) has fulfilled the continuing education requirements for this license, and

(d) has satisfactorily completed an examination for this license, or

(e) has a comparable license, certification or registration from the state of Rhode Island, another state or territory of the United States that imposes qualifications substantially similar to those of this chapter.

In addition to the above qualifications, an applicant for any of the above titles must prove to the board's satisfaction:

(1) Age of at least twenty-one (21) years, and

(2) That he or she merits the public trust, and

(3) United States citizenship or proof of other legal resident status, and

(4) Absence of conviction of a felony, which is subject to waiver by the board upon presentation of satisfactory evidence that such conviction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his/her conviction does not impair his/her ability to conduct with safety to the public the practice authorized by this license.

(5) Absence of NASW sanction for violation of Code of Ethics, or other state board sanction which is subject to waiver by the board upon presentation of satisfactory evidence that such sanction does not impair the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that his/her sanction does not impair his/her ability to conduct with safety to the public the practice authorized by this license.

(6) That the applicant has not been declared mentally incompetent by any court, and if any such decree has ever been rendered, that there has been a subsequent court determination that the applicant is competent, and

(7) Freedom from use of any controlled substance or any alcoholic beverages to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that he/she is free from use of any controlled substance or any alcoholic beverages which impair his/her ability to conduct with safety to the public the practice authorized by this license. ADD}

{ADD 5-39.1-9. Fees and renewal. -- ADD} {ADD The initial fee for application for licensure shall be one hundred dollars ($100). Licenses shall be renewed every twenty-four (24) months after initial licensure upon payment of a fee of one hundred dollars ($100) and in compliance with such additional requirements as the Board shall promulgate. ADD}

{ADD 5-39.1-10. Social worker discipline. -- ADD} {ADD Licensees subject to this chapter shall conduct their activities, services, and practice in accordance with this chapter and with any rules promulgated pursuant hereto. The board may recommend to the director refusal to grant a license to, or may recommend that the director suspend, revoke, condition, limit, qualify or restrict the license of any individual who the board, after a hearing, determines:

(a) Is incompetent to practice under the provisions of the act, or is found to engage in the practice of social work in a manner harmful or dangerous to a client or to the public;

(b) has obtained or attempted to obtain a certificate or license, or renewal therefore, by bribery or fraudulent representation;

(c) has knowingly made a false statement on a form required by the board for licensing or renewal therefore;

(d) has failed to obtain the continuing education credits required by the board; or

(e) has engaged in or solicited sexual relations with a client, or committed an act of sexual abuse or sexual misconduct against a past or current client;

(f) has failed to remain free from use of any controlled substance or any alcoholic beverages to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by this license. The applicant shall bear the burden of proving that he/she is free from use of any controlled substance or any alcoholic beverages which impair his/her ability to conduct with safety to the public the practice authorized by this license;

(g) has been convicted of a felony, which is subject to waiver by the board upon presentation of satisfactory evidence that such conviction does not impair the ability of the person to conduct with safety to the public practice authorized by this license. The applicant shall bear the burden of proving that his/her conviction does not impair his/her ability to conduct with safety to the public the practice authorized by this license;

(h) has disciplinary action pending or has revocation, suspension, or probation taken against the Licensee: license in another state;

(i) assists or permits unlicensed persons under the Licensee's supervision to perform services for which a license is required under this chapter;

(j) has failed to maintain confidentiality, except as otherwise required or permitted by law;

(k) has engaged in false or misleading advertising;

(l) has a mental disability which significantly impairs the ability of the person to conduct with safety to the public the practice authorized by this license. [Mental disability shall include but not be limited to an order by a court that a licensee is in need of mental treatment for incompetence];

(m) has violated any of the provisions of this chapter, or the provisions of any code of ethics adopted by the board. ADD}

{ADD 5-39.1-11. Complaints. -- ADD} {ADD All complaints concerning a licensee's business or professional practice shall be received by either the board or the state agency. Each complaint received shall be logged, recording at a minimum the following information:

Licensee's Name;

Name of the complaining party;

Date of complaint;

Brief statement of complaint; and

Disposition. ADD}

{ADD 5-39.1-12. Disciplinary process. -- ADD} {ADD Disciplinary procedures under this chapter shall be conducted in accordance with chapter 42-35 of the general laws of the State of Rhode Island.

The board or its designee shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee. At the conclusion of the hearing, the board shall make recommendation to the director who shall issue an order. ADD}

{ADD 5-39.1-13. Disciplinary sanctions. -- ADD} {ADD The board may recommend that the director impose any of the following sanction, singly or in combination, when it finds that a licensee is guilty of any offenses described in section 5-39.1-10.

(a) Revocation of the license;

(b) suspension of the license for any period of time;

(c) censure of the licensee;

(d) issue a letter or reprimand;

(e) place a licensee on probationary status and require the licensee to submit to any of the following:

(1) report regularly to the board upon matters which are the basis of probation;

(2) continue to renew professional education until a satisfactory degree of skill has been attached in those areas which are basis of probation; or

(f) refuse to renew a license; or

(g) revoke probation which has been granted and impose any other discipline provided in this section when the requirements of probation have not been fulfilled or have been violated.

The board may recommend that the director reinstate any licensee to good standing under this chapter, if after hearing the board is satisfied that the applicant's renewed practice is in the public interest.

Upon the suspension or revocation of a license issued under this chapter, a licensee shall be required to surrender the license or registration to the director and upon failure to do so, the director shall have the right to seize the same.

The director shall make available annually a list of the names and addresses of all licensees under the provisions of this chapter, and of all persons who have been disciplined within the proceeding twelve (12) months.

Any person convicted of violating the provisions of this chapter or a rule promulgated under this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars, ($1,000). ADD}

{ADD 5-39.1-14. Severability. -- ADD} {ADD The provisions of this chapter are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions. ADD}

SECTION 3. This act shall take effect upon passage.