2022 -- H 7396 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- LICENSE PROCEDURE FOR

SOCIAL WORKERS

     Introduced By: Representatives Shallcross Smith, Fogarty, Ajello, Hull, Cassar, and
Caldwell

     Date Introduced: February 09, 2022

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-39.1-8 of the General Laws in Chapter 5-39.1 entitled "License

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

     5-39.1-8. Licenses.

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

qualifications of this 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 After August 15, 2025, 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 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

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) No applicant for a license as a "licensed clinical social worker" shall be required to take

or pass a standardized written examination in order to qualify for the license prior to August 15,

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2025. This subsection shall sunset and expire on August 15, 2025.

     (f) For the purpose of increasing access for more individuals to attain licensure as a

"licensed clinical social worker" or "licensed independent clinical social worker" to meet the

language and cultural needs of Rhode Island's diverse communities, the board of social work

examiners shall consider and may promulgate any rules and regulations necessary:

     (1) To make accommodations for individuals whose first language is not English;

     (2) To offer licensing exams in languages other than English; and

     (3) To develop alternative qualifications for licensure that may not include either or both

of the examinations pursuant to subsections (b) and (c) of this section.

     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 provide that no applicant for a license as a "licensed clinical social worker"

shall be required to take or pass a standardized written examination, prior to August 15, 2025, in

order to qualify for the license. This shall sunset and expire on August 15, 2025.

     This act would take effect upon passage.

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