2019 -- H 5921

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LC002075

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LICENSE PROCEDURE FOR SOCIAL

WORKERS

     Introduced By: Representatives Handy, Bennett, Cortvriend, Serpa, and Kazarian

     Date Introduced: March 28, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-39.1-2, 5-39.1-3 and 5-39.1-8 of the General Laws in Chapter 5-

39.1 entitled "License Procedure for Social Workers" are hereby amended to read as follows:

     5-39.1-2. Definitions.

     As used in this chapter:

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

workers.

     (2) "Clinical social work practice" means 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 include, but are not limited to, diagnosis; assessment; evaluation;

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

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

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

practice psychology.

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

courses, seminars, and workshops.

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

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

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

department of health.

     (7)(i) "Experience" means 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.

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

work services directly to clients.

     (8) "Supervision" means 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:

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

     (ii) A minimum of one 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;

     (iii) 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

     (iv) 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.

     (9) "Social worker" means an individual who has:

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

work program approved by the Council on Social Work Education; or

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

     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

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pursuant to this chapter.

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

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

social worker", respectively. These licensees are 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 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".

     (h) Notwithstanding any provisions in §§ 5-39.1-1 -- 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.

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

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

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

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

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

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

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     5-39.1-8. Licenses.

     (a) The department shall issue the appropriate license to applicants who meet the

qualifications of the section.

     (b) 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 in clinical social work from a duly accredited college or university 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, or another state

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

chapter, as determined by the board.

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

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

qualifications:

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

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

supervision, and

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

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

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

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

chapter.

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

to the board's satisfaction:

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

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

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

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

presentation of satisfactory evidence that this 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 or her conviction does not impair his or her ability to conduct

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

     (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

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

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

sanction does not impair his or 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 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 bears the burden of proving that he or she is free

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

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

     (e) Prerequisites: "Social workers" shall be exempt from the provisions of this section,

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

     SECTION 2. This act shall take effect upon passage.

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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

***

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

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

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

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

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

would also exempt social workers from the license procedures for licensed clinical social workers

and licensed independent clinical social workers.

     This act would take effect upon passage.

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