2012 -- S 2426

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LC01258

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - LICENSE PROCEDURE FOR SOCIAL

WORKERS

     Introduced By: Senator Roger Picard

     Date Introduced: February 15, 2012

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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

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

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

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

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workers.

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

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

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

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

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

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

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

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practice psychology.

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

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courses, seminars, and workshops.

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

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

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

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department of health.

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

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

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immediately preceding the date of application for licensure.

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

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work services directly to clients.

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

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

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

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

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

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

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

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have been met;

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

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

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and

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

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

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domestic, or familial relationship.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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pursuant to this chapter.

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

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

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

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

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

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

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

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independent clinical social worker" pursuant to this chapter.

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

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

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

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

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

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a public or private agency or institution.

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

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

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social worker".

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

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

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

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

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

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

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

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

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

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title 23 commencing on or before July 1, 2003.

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

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

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

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

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

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

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

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

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

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who meet the qualifications of the section.

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

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

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

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

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and

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

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

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

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chapter, as determined by the board.

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

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

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following qualifications:

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

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

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appropriate supervision, and

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

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

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

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

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chapter.

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

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to the board's satisfaction:

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

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

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

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

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

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

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

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

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

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

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

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

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

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authorized by this license;

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

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

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applicant is competent; and

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

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

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

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

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

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

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

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     SECTION 4. This act shall take effect upon passage.

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LC01258

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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 define the educational requirements necessary to qualify an individual as

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

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

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

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

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

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     This act would take effect upon passage.

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LC01258

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