SLS 10RS-595 ORIGINAL Page 1 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 SENATE BILL NO. 335 BY SENATOR BROOME COUNSELING/GUIDANCE. Revises the Social Work Practice Act. (gov sig) AN ACT1 To amend and reenact R.S. 37:2703(3),(6), (11),(12), (17) and (19), 2704(A)(2) and (4) and2 (B), 2705(C)(2) and (3), (D) and (G), 2706(A)(1) and (2), the introductory paragraph3 of 2707(A)(1) and (2) and (B), 2708(A)(1), (2) and (3), 2709, 2711(B), 2712, 2713,4 2714, 2715(B) through (E), 2716(A)(1), (2)(a), (c), (d) and (C), the introductory5 paragraph of 2717(A)(3), (B)(1), (6), (7), (8), and (C) and (D), 2719, 2720(A)(1), (2)6 and (3), 2722(A)(1), (2) and (3) and to enact R.S. 37:2703(19), 2716(D) and 27247 and to repeal R.S. 37:2703(11), 2706 (C) and (D), 2707(C), (D) and (E), and8 2708(C), relative to the social workers practice act; to provide relative to definitions;9 to provide relative to membership powers, duties and licencing of the social work10 examiner's board; to provide relative to licensed master's social worker; to provide11 relative to certified social workers; to provide relative to a licensed clinical social12 worker; to provide relative to provisional certificates; and to provide for related13 matters.14 Be it enacted by the Legislature of Louisiana:15 Section 1. R.S. 37:2703(3),(6), (11), (12), (17) and (19), 2704(A)(2) and (4)16 and (B), 2705(C)(2) and (3), (D) and (G), 2706(A)(1) and (2), the introductory17 SB NO. 335 SLS 10RS-595 ORIGINAL Page 2 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. paragraph of 2707(A) (1), and (2), and (B), 2708(A)(1), (2) and (3), 2709, 2711(B),1 2712, 2713, 2714, 2715(B) through (E), 2716(A)(1), (2)(a), (c), (d) and (C), the2 introductory paragraph of 2717(A)(3), (B)(1), (6), (7), (8) and (C) and (D), 2719,3 2720(A)(1), (2) and (3), 2722(A)(1), (2) and (3)are hereby amended and reenacted4 and R.S. 2703(19), 2716(D) and 2724 are hereby enacted to read as follows:5 §2703. Definitions6 As used in this Chapter, unless the context clearly requires otherwise, and7 except as otherwise expressly provided:8 * * *9 (3) "Board-approved clinical supervisor (BACS)" means a licensed clinical10 social worker (LCSW) who has met the qualifications established by the board.11 * * *12 (6) "Clinical supervision" means an interactional professional relationship13 between a licensed clinical social worker and a graduatelicensed master's social14 worker that provides evaluation and direction over the supervisee's practice of15 clinical social work and promotes continued development of the graduatelicensed16 master's social worker's knowledge, skills, and abilities to engage in the practice of17 clinical social work in an ethical and competent manner. Clinical Supervision for18 meeting the requirements of licensure, as a licensed clinical social worker (LCSW)19 must be provided by a licensed clinical social worker who is also a board-approved20 clinical supervisor (BACS).21 * * *22 (11) "Graduate social worker (GSW)" means a person duly certified to23 practice graduate social work under this Chapter.24 (1211) "Licensed clinical social worker (LCSW)" means a person duly25 licensed to independently practice clinical social work under the provisions of this26 Chapter. Notwithstanding any other laws to the contrary, the term "licensed social27 worker" shall be synonymous with the term "licensed clinical social worker". A28 licensed clinical social worker may work as an employee in a practice setting or29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 3 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. independently in private practice.1 (1312) "Provisional" means a temporary certification which entitles the MSW2 graduate to perform the duties and responsibilities within the scope of practice of the3 graduate social worker for up to three years from the date of issuance of the original4 certificate. "Licensed master's social worker (LMSW)" means a person duly5 registered to practice baccalaureate social work under this Chapter.6 * * *7 (17) "Supervision" means the professional relationship between a supervisor8 and an applicant a supervisee for social work licensure that provides guidance and9 evaluation of the services provided by the applicant supervisee.10 * * *11 (19) "Certified Social Worker (CSW)" means a temporary certification12 which entitles the master of social work graduate to perform the duties and13 responsibilities within the scope of practice of the licensed master social worker14 for up to three years, while pursuing licensure.15 §2704. Board of Social Work Examiners16 A. There is hereby created a Louisiana State Board of Social Work17 Examiners within the Department of Health and Hospitals. The board shall be18 subject to the provisions of R.S. 36:803. It shall consist of seven members who are19 citizens of the United States and residents of the state of Louisiana. The members20 shall be appointed by the governor, subject to Senate confirmation. All appointees21 shall be selected from one list compiled by all statewide social work membership22 organizations that have written bylaws and meet all state and federal laws, and the23 Louisiana Chapter of the National Association of Social Workers shall be24 responsible for the coordination of this process. All appointees shall serve no more25 than two consecutive full terms. The completion of an unexpired portion of a full26 term shall not constitute a full term for purposes of this Section. The board shall27 consist of the following members:28 * * *29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 4 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (2) One certified graduate licensed master's social worker with at least five1 years of social work experience.2 * * *3 (4) One member who is either a registered social worker, a certified graduate4 licensed master's social worker, or a licensed clinical social worker.5 * * *6 B. Each board member, with the exception of the public member, shall be7 a person who holds a current, valid license, certification, or registration issued8 pursuant to this Chapter. At all times the board shall consist of at least three9 members who are engaged primarily in rendering direct services in social work and10 at least one member who is engaged primarily in social work education or a practice11 specialty other than clinical.12 * * *13 §2705. Board; meetings; powers14 * * *15 C.(1) * * *16 (2) The board is empowered to examine for, deny, approve, revoke, suspend,17 and renew the license of licensed clinical social workers and shall review18 applications at least once a year. The board is further empowered to examine for,19 deny, approve, revoke, suspend, and renew the license of licensed master's social20 workers and shall have review applications at least once a year. The board is21 further empowered to examine for, deny, approve, revoke, suspend, and renew the22 certificate or provisional certificate of graduate of certified social workers or the23 license of a licensed master's social workers and shall review applications at least24 once a year. The board is further empowered to deny, approve, revoke, suspend, and25 renew the registration of registered social workers and shall review applications once26 a year.27 (3) The board shall have the power to conduct hearings on charges calling for28 revocation or suspension of a registration, certificate, or license. The board shall29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 5 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. have the power to conduct hearings on charges calling for revocation or suspension1 of a certificate or provisional certificate, as well as revocation or suspension of a2 registration. The board may institute disciplinary proceedings as authorized in this3 Chapter.4 * * *5 D. The board shall keep a listing of social workers licensed, certified,6 provisionally certified, or registered under this Chapter. At each meeting of the7 board the listing shall be updated and made available to the general public.8 * * *9 G. The board shall establish requirements to assure continuing education for10 individuals licensed, certified, provisionally certified, or registered under this11 Chapter as a condition of licensure, certification, provisional certification, or12 registration renewal. Such requirements may include but are not limited to13 continuing education which shall be through programs either provided by or14 approved by the board.15 §2706. Qualifications; registered social worker16 A. No individual shall be eligible for registration by the board as a registered17 social worker unless the individual:18 (1) Is of good moral character. As one element of good moral character,19 the board shall require each applicant to submit a full set of fingerprints for the20 purpose of obtaining state and federal criminal records checks, pursuant to21 authorizing state statute and applicable federal law. That state agency22 responsible for managing fingerprint data may submit fingerprints to and23 exchange data with the Federal Bureau of Investigation. All good moral24 character information, including the information obtained through criminal25 checks, shall be considered in registration decisions to the extent permissible by26 all applicable laws.27 (2) Holds either a bachelor of social work, bachelor of arts, or bachelor of28 science degree from an undergraduate bachelor's degree or master's degree from29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 6 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. an accredited social work program. This requirement is satisfied if the applicant has1 graduated from a nonaccredited school and has at least five years of work experience2 as a practicing social worker within the last nine years prior to January 1, 2001.3 * * *4 C. An individual practicing bachelor-level social work in Louisiana and who5 meets the qualifications set forth in Subsection A of this Section who wishes to6 continue the practice shall apply for registration under the provisions of this Chapter7 within one year subsequent to January 1, 2000.8 D. At any time within one year of January 1, 2000, the board shall register9 as a registered social worker any individual who files a verified application therefor,10 accompanied by such fees as is required in R.S. 37:2716 and who submits evidence11 verified by oath and satisfactory to the board that he complies with the requirements12 of Subsection A of this Section.13 §2707. Qualifications; graduate licensed master's social worker14 A. No individual shall be eligible for certification licensure by the board as15 a graduate licensed master's social worker unless the individual:16 (1) Is of good moral character. As one element of good moral character,17 the board shall require each applicant to submit a full set of fingerprints for the18 purpose of obtaining state and federal criminal records checks, pursuant to19 authorizing state statute and applicable federal law. That state agency20 responsible for managing fingerprint data may submit fingerprints to and21 exchange data with the Federal Bureau of Investigation. All good moral22 character information, including the information obtained through criminal23 checks, shall be considered in registration decisions to the extent permissible by24 all applicable laws.25 (2) Holds a master's degree from a an accredited graduate school of social26 work. This requirement is satisfied if the applicant has graduated from a27 nonaccredited school and has at least five years of work experience as a practicing28 social worker within the last nine years prior to January 1, 2001.29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 7 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *1 B. The board may issue a provisional graduate social worker certificate to an2 individual who, except for passing the examination, has completed all requirements3 for certification as a graduate social worker. The individual may hold the provisional4 certificate for no more than three years from the issuance of the original certificate5 and the individual shall take an examination approved by the board at least once a6 year.7 CB. An individual certified licensed as a graduate licensed master's social8 worker or as a provisional graduate social worker may engage in advanced social9 work practice based on the application of social work theory, knowledge, ethics, and10 methods to restore or enhance social, psychosocial, or biopsychosocial functioning11 of individuals, couples, families, groups, organizations, and communities. The12 graduate licensed master's social worker's or provisional graduate social worker's13 practice requires the application of specialized knowledge and advanced practice14 skills which include prevention or intervention, or both, service or treatment15 planning and evaluation, case management, information and referral, counseling,16 employee assistance services, addiction services, advocacy, teaching, research,17 supervision, consultation, community organization, and the development,18 implementation, and administration of policies, programs, and activities. A social19 worker certified licensed or provisionally certified at the graduate licensed master's20 social worker level may practice clinical social work and psychotherapy within an21 agency under the supervision of a licensed clinical social worker. A graduate22 licensed master's social worker may only work as an employee in an agency setting.23 Notwithstanding the definition of "agency" as defined in R.S. 37:2703(1) or the24 requirement for employment in an agency setting provided in this Subsection, a25 graduate licensed master's social worker shall be permitted to provide social work26 services on behalf of a federal, state, or local governmental agency on a contractual27 basis.28 D. An individual practicing graduate level social work in Louisiana and who29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 8 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. meets the qualifications set forth in Subsection A of this Section who wishes to1 continue the practice shall apply for certification under the provisions of this Chapter2 within one year subsequent to January 1, 2000.3 E. At any time within one year from January 1, 2000, the board shall waive4 the examination requirement and shall issue a certificate as a graduate social worker5 to any individual who files a verified application therefor, accompanied by such fee6 as is required in R.S. 37:2716, and who submits evidence verified by oath and7 satisfactory to the board that he complies with the requirements of Subsection A of8 this Section.9 §2708. Qualification; licensed clinical social worker10 A. No individual shall be eligible for licensure by the board as a licensed11 clinical social worker unless the individual:12 (1) Is of good moral character. As one element of good moral character,13 the board shall require each applicant to submit a full set of fingerprints for the14 purpose of obtaining state and federal criminal records checks, pursuant to15 authorizing state statute and applicable federal law. That state agency16 responsible for managing fingerprint data may submit fingerprints to and17 exchange data with the Federal Bureau of Investigation. All good moral18 character information, including the information obtained through criminal19 checks, shall be considered in registration decisions to the extent permissible by20 all applicable laws.21 (2) Holds a master's degree from a an accredited graduate school of social22 work. This requirement is satisfied if the applicant has graduated from a23 nonaccredited school and has at least five years of work experience as a practicing24 social worker within the last nine years prior to January 1, 2001.25 (3) Has completed at least five thousand seven hundred sixty hours of three26 years of full time or equivalent part time postgraduate social work practice. At27 least three thousand eight hundred forty hours two years of the required full time or28 equivalent part time postgraduate social work experience shall be in a setting29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 9 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. practicing social work under the supervision of a board-approved clinical supervisor.1 * * *2 C. An individual licensed as a board-certified social worker in the state of3 Louisiana on January 1, 2000, and who wishes to secure the licensed clinical social4 worker license, shall submit to the board within one year subsequent to January 1,5 2000, an affidavit stating his desire to secure the licensed clinical social worker6 license.7 §2709. License, certification, or registration required8 No individual shall practice social work in the state unless the individual9 holds a current, valid license, certificate, provisional certificate, or registration issued10 by the board in accordance with this Chapter. This license, certificate, provisional11 certificate, or registration shall be kept conspicuously posted in the office or place12 of business at all times.13 * * *14 §2711. Examination15 * * *16 B. Applicants for licensure as a licensed clinical social worker and applicants17 for certification licensure as a graduate licensed master's social worker shall pass18 an examination approved by the board. The board shall assign the passing grade19 point to any examination administered after having promulgated rules and20 regulations. To insure impartiality, written examinations shall be by numbers, and21 no paper examination shall bear the name of the applicant.22 * * *23 §2712. Licensure, certification, or registration by reciprocity or endorsement of24 credentials25 The board may issue licenses, certificates, provisional certificates, or26 registrations under the following special conditions:27 (1) The board may issue a license as a licensed clinical social worker or issue28 a certificate license as a graduate licensed master's social worker without29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 10 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. examination, on payment of the prescribed fee, to an applicant for licensure or1 certification licensed master's who is the equivalent of a licensed clinical social2 worker or a graduate social worker, respectively, licensed or certified under another3 state, territory, commonwealth, or District of Columbia when:4 (a) The requirements for licensure or certification are at the date of licensure5 or certification substantially equal to the requirements then or subsequently in force6 in this state.7 (b) The state, territory, commonwealth, or District of Columbia from which8 the applicant for a license or certificate comes, accords similar privilege or licensure9 or certification without examination to holders of licenses or certificates under this10 Chapter.11 (c) The state, territory, commonwealth, or District of Columbia from which12 the applicant for a license or certificate comes, requires successful completion of an13 examination as a condition of such licensure or certification.14 (2) The board may provisionally certify or register as a provisional graduate15 certified social worker or a registered social worker, respectively, an applicant for16 provisional certification or for registration who is the equivalent of a provisional17 graduate certified social worker or a registered social worker, respectively,18 provisionally certified or registered under another state, territory, commonwealth,19 or District of Columbia when the requirements for provisional certificate20 certification or registration are at the date of provisional certificate certification or21 registration substantially equal to the requirements then or subsequently in force in22 this state and when the state, territory, commonwealth, or District of Columbia from23 which the applicant for provisional certification or registration comes, accords24 similar privilege or provisional certification or registration to holders of provisional25 certification certificates or registration under this Chapter.26 §2713. License, certificate, provisional certificate, registration27 The board shall issue a license, certificate, provisional certificate, or28 registration signed by the chairman and vice chairman of the board whenever an29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 11 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. applicant for certification, licensure, or registration successfully qualifies therefor1 as provided in this Chapter.2 §2714. Continuing education and license, certificate, provisional certificate, and3 registration renewal4 A.(1) The board shall have authority to establish and promulgate continuing5 education requirements which are to be fulfilled prior to the renewal of any license,6 certificate, provisional certificate, or registration issued under this Chapter.7 (2) Twenty clock hours of continuing education in programs approved by the8 board shall be obtained prior to each renewal date, including three hours of ethics9 every two years. In addition, for renewal of a licensed clinical social work license,10 no less than ten clock hours of the continuing education requirement shall be clinical11 content including diagnosis and treatment of mental disorders. Failure to fulfill these12 requirements shall cause the license, certificate, provisional certificate, or13 registration to lapse, and any application for renewal will be declined until the14 continuing education requirements have been met.15 (3) Documentation in a form acceptable to the board, demonstrating16 compliance with the continuing education requirements, shall accompany the17 application for the renewal of the license, certificate, provisional certificate, or18 registration.19 B. In addition to the continuing education requirements set out in Subsection20 A of this Section, each license, certificate, provisional certificate, or registration21 issued under the provisions of this Chapter shall be renewed annually except as22 otherwise provided. On or before July first of each year, the board shall mail an23 application for renewal of a license, certificate, provisional certificate, or registration24 to each person to whom a license, certificate, provisional certificate, or registration25 was issued or renewed during the current year, which application shall be mailed to26 the most recent address of said person as it appears on the records of the board. Such27 person shall complete the renewal application and return it to the board accompanied28 by such renewal fee as is required by the board before August thirty-first of the year29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 12 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. in which said application was received. Upon receipt of any application and fee, the1 board shall verify the accuracy of such application and issue to the applicant a notice2 of renewal of the license, certificate, provisional certificate, or registration for the3 current year, beginning September first and expiring August thirty-first.4 C. If any person fails to renew his or her license, certificate, provisional5 certificate, or registration by August thirty-first, such license, certificate, provisional6 certificate, or registration shall lapse. Failure to fulfill these requirements shall7 cause the license, certificate, or registration to lapse and any application for8 renewal will be declined until the continuing education requirements have been9 met. If a social worker fails to complete the continuing education requirements10 by June 30 of each year, at the licensed, certified registered level, he may not11 practice social work. Renewal of a license, certificate, provisional certificate, or12 registration which has lapsed for three months or less may be effected upon13 submission to the board of a renewal application accompanied by such renewal fee14 as is required by the board. Renewal of a license or certificate or registration15 which has lapsed for a period in excess of three months but less than six months may16 be effected upon submission to the board of a renewal application accompanied by17 a fee which shall be twice the amount of the normal renewal fee specified by the18 board. If a license, certificate, provisional certificate, or registration is allowed to19 lapse for six months or longer, the applicant for the license, certificate, provisional20 certificate, or registration shall be considered a new applicant subject to appropriate21 provisions of this Chapter.22 D. The board shall have the authority to grant continuing education23 waivers for declared emergencies. In response to a disaster or emergency24 declared by the governor of the state of Louisiana, continuing education units25 required for renewal of a license may be waived by the board.26 E. The board shall have the authority to grant continuing education27 extensions for extenuating circumstances. In response to an extenuating28 circumstance, the time frame mandated to complete continuing education units29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 13 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. required for renewal of a license may be extended by the board.1 §2715. Rights and privileges2 * * *3 B. An individual who possesses a current, valid certificate license issued by4 the board pursuant to this Chapter shall have the right to practice and use the title5 graduate licensed master's social worker and the abbreviation GSW LMSW.6 C. An individual who possesses a current, valid provisional certificate issued7 by the board pursuant to this Chapter shall have the right to practice and use the title8 graduate certified social worker-provisional and the abbreviation GSW-provisional9 CSW.10 D. An individual who possesses a current, valid registration issued by the11 board pursuant to this Chapter shall have the right to practice and use the title12 registered social worker and the abbreviation RSW.13 E. No other individual shall assume such title, use such abbreviation or use14 any word, letter, sign, figure, or device to indicate that he is a licensed clinical social15 worker, a graduate licensed master's social worker, a graduate social16 worker-provisional, or a registered social worker.17 §2716. Fees18 A.(1) The board shall establish a reasonable fee schedule for examinations,19 applications, reexaminations, renewal, or reissuance of any license, certificate,20 provisional certificate, or registration, or for any other administrative function21 provided for in this Chapter; and the receipts from the payment of such fees shall be22 used to carry out the purposes of this Chapter. Such fee schedule may be modified23 from time to time as deemed necessary by the board. The fees shall be established24 and payable by rule adopted in accordance with the Administrative Procedure Act.25 (2) The board is authorized to increase the fees in the fee schedule to not26 more than the following amounts:27 (a) One hundred dollars per application for licensure as a licensed clinical28 social worker; seventy-five dollars per application for certification licensure as a29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 14 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. graduate licensed master's social worker; seventy-five dollars per application for1 provisional certification as a graduate certified social worker; and fifty dollars per2 application for registration as a registered social worker.3 * * *4 (c) One hundred dollars per renewal of any license, certificate, provisional5 certificate, or registration.6 (d) Fifty dollars per reissuance of any license, certificate, provisional7 certificate, or registration.8 * * *9 C. No fee shall be refunded. Criminal record checks are required prior10 to issuance of license, certificate or registration. Costs associated with criminal11 record checks are the responsibility of the applicant. The results of the criminal12 history record information search must be obtained, reviewed, and considered13 acceptable by the board prior to issuance of license, certificate or registration.14 D. No fee shall be refunded.15 §2717. Disciplinary action; hearing; procedures; appeal16 A. The board shall have the power to deny, revoke, or suspend any license,17 certificate, provisional certificate, or registration issued by the board or applied for18 in accordance with this Chapter, or otherwise discipline a social worker for any of19 the following causes:20 * * *21 (3) Obtaining or attempting to obtain a license, certificate, provisional22 certificate, or registration by fraud or deception.23 * * *24 B. When the board decides to discipline an individual the board may:25 (1) Refuse to issue or renew a license, certificate, or registration.26 * * *27 (6) Suspend or revoke a license, certificate, provisional certificate, or28 registration including the summary suspension of said license, certificate, provisional29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 15 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. certificate, or registration when the board determines that public health, safety, or1 welfare imperatively requires emergency action.2 (7) Restrict a license, certificate, provisional certificate, or registration by3 limiting or reducing the scope of practice.4 (8) Otherwise discipline the holder of a license, certificate, provisional5 certificate, or registration upon proof of violation of any provisions of this Chapter,6 or the rules and regulations promulgated by the board, or both.7 C. Proceedings for disciplinary action or for the denial or withholding of a8 license under the authority of this Section shall be conducted in compliance with the9 board's rules, regulations, and procedures and in compliance with the Administrative10 Procedure Act. The board may require an individual against whom disciplinary11 action has been taken by the board to pay the reasonable costs incurred by the board12 for the hearing or proceedings, including its legal fees, stenographer, investigator,13 or witness fees, and any such costs and fees incurred by the board on any judicial14 review or appeal. These costs and fees shall be paid no later than thirty days after15 the decision of the board becomes final. No license, certificate, provisional16 certificate, or registration shall be issued, reinstated, or renewed until such costs have17 been paid.18 D. No license, certificate, provisional certificate, or registration shall be19 suspended or revoked until a hearing is held before the board, after notice of at least20 thirty days to the social worker. The notice shall be served by registered mail, return21 receipt requested, shall state the date, time, and place of the hearing, and shall set22 forth the ground or grounds of the charges against the social worker. The social23 worker has a right to present his own defense either in proper person or by counsel,24 to produce testimony and to testify in his own behalf. A record of the hearing shall25 be taken and preserved. The record shall contain the notice, documents, and data26 filed in the proceedings; all statements of the board pertinent thereto; the testimony,27 exhibits, and the written findings of fact and orders of the board. The state of28 Louisiana shall be a party to the prosecution of all such actions and hearings before29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 16 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. the board pertaining to the suspension or revocation of a license, certificate,1 provisional certificate, or registration; and the attorney general shall appear in behalf2 of the state. The hearing may be adjourned from time to time. If the social worker3 pleads guilty, or if upon hearing the charges the majority of the board finds them4 true, the board may enter an order suspending or revoking the license, certificate,5 provisional certificate, or registration or imposing probationary conditions.6 * * *7 §2719. Discrimination8 No license, certificate, provisional certificate, or registration shall be denied9 any applicant based upon the applicant's race, religion, creed, national origin, sex,10 or physical impairment so long as the physical impairment does not interfere with11 the performance of professional duties.12 §2720. Violations; penalties13 A. It shall be a misdemeanor for any individual or person:14 (1) To engage in the practice of social work without being duly licensed,15 certified, provisionally certified, or registered under the provisions of this Chapter.16 (2) To imply or state that he is a licensed clinical social worker, graduate17 social worker, graduate licensed master's social worker provisional, or registered18 social worker, unless he is duly and respectively licensed, certified, provisionally19 certified, or registered under the provisions of this Chapter.20 (3) To use in connection with his name any designation tending to imply that21 he is licensed, certified, provisionally certified, or registered under the provisions of22 this Chapter during the time his license, certificate, provisional certificate, or23 registration shall be suspended, revoked, or shall have lapsed.24 * * *25 §2722. Exclusions26 A. No provision of this Chapter shall be construed to prohibit:27 (1) The activities and services of a student pursuing a course of study in a28 social work educational program accredited by the Council on Social Work29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 17 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Education if these activities and services constitute a part of his the supervised1 course of study.2 (2) Subsidiary workers in the agencies and offices of individuals licensed,3 certified, provisionally certified, or registered to practice social work in this state4 from assisting in the rendering of services to clients under the personal and5 responsible supervision and direction of such persons.6 (3) Qualified members of other professional groups from doing work of a7 psychosocial nature within their legal scope of practice consistent with the standards8 and ethics of their respective professions, provided that they shall not hold9 themselves out to the public by any title or description of services incorporating the10 term social worker, or that they shall not state or imply that they are licensed,11 certified, provisionally certified, or registered to practice social work.12 * * *13 §2724 Qualification; certified social worker14 A. No individual shall be eligible for certification by the board as a15 certified social worker unless the individual:16 (1) Is of good moral character. As one element of good moral character,17 the board shall require each applicant to submit a full set of fingerprints for the18 purpose of obtaining state and federal criminal records checks, pursuant to19 authorizing state statute and applicable federal law. That state agency20 responsible for managing fingerprint data may submit fingerprints to and21 exchange data with the Federal Bureau of Investigation. All good moral22 character information, including the information obtained through criminal23 checks, shall be considered in registration decisions to the extent permissible by24 all applicable laws.25 (2) Holds a master's degree from an accredited graduate school of social26 work.27 B. The board may issue a social worker certificate to an individual who28 has completed all requirements for certification as a certified social worker.29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 18 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. The individual may hold the certificate for no more than three years from the1 issuance of the original certificate and the individual shall take an examination2 approved by the board within the first six months after certification and3 annually for the next two and a half years or until they have achieved a passing4 score.5 C. An individual certified as a certified social worker may engage in6 advanced social work practice based on the application of social work theory,7 knowledge, ethics, and methods to restore or enhance social, psychological, or8 biopsychological functioning of individuals, couples, families, groups,9 organizations, and communities. The certified social worker practice requires10 the application of specialized knowledge and advanced practice skills which11 include prevention or intervention, or both, service or treatment planning and12 evaluation, case management, information and referral, counseling, employee13 assistance services, addiction services, advocacy, teaching, research,14 supervision, consultation, community organization, and the development,15 implementation, and administration of policies programs, and activities. A16 social worker certified at the certified social worker level may practice clinical17 social work and psychotherapy within an agency under the supervision of a18 licensed clinical social worker. A certified social worker may only work as an19 employee in an agency setting, notwithstanding the definition of "agency" as20 defined in R.S. 37:2703(1) or the requirement for employment in an agency21 setting provided in this Subsection.22 Section 2. R.S. 37:2703(11), 2706 (C) and (D), 2707(C), (D) and (E) and 2708(C)23 are hereby repealed in their entirety.24 Section 3. This Act shall become effective upon signature by the governor25 or, if not signed by the governor, upon expiration of the time for bills to become law26 without signature by the governor, as provided by Article III, Section 18 of the27 Constitution of Louisiana. If vetoed by the governor and subsequently approved by28 the legislature, this Act shall become effective on the day following such approval29 SB NO. 335 SLS 10RS-595 ORIGINAL Page 19 of 19 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Bobbie Hunter. DIGEST Present law provides for the regulation and licensure of the Social Work Practice Act. Proposed law retains present law, but makes changes to definitions and names, including licensed clinical social worker, graduate social worker, licensed master's social worker, certified social worker, and licensed master's graduate social worker. Present law provides for the Bd. of Social Work Examiners and provides for its membership, powers, and duties. Proposed law retains present law, but deletes provisions for provisionally certified social worker. Present law provides the licensing qualifications to be a registered social worker, and a graduate social worker. Proposed law provides that a registered social worker, licensed master's social worker and clinical social worker shall submit a full set of fingerprints to obtain state and federal criminal records checks, pursuant to state and federal law. That state agency responsible for managing fingerprint data may submit fingerprints to and exchange data with the FBI. The cost of criminal record checks shall be the responsibility of the applicant. Present law provides for the authority of the board to establish continuing education and licensing renewal requirements. Proposed law retains present law but provides that the board shall have the authority to grant continuing education waivers and extensions provided there is a declared emergency by the governor or other extenuating circumstances. Proposed law provides for a certified social worker, and provides for qualifications by the board. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 37:2703(3),(6), (11),(12), (17) and (19), 2704(A)(2) and (4) and (B), 2705(C)(2) and (3), (D) and (G), 2706(A)(1) and (2), the introductory paragraph of 2707(A) (1) and (2) and (B), 2708(A)(1), (2) and (3), 2709, 2711(B), 2712, 2713, 2714, 2715(B) through (E), 2716(A)(1), (2)(a), (c), (d) and (C), the introductory paragraph of 2717(A) (3), (B)(1), (6), (7), (8), and (C) and (D), 2719, 2720(A)(1), (2) and (3), 2722(A)(1), (2) and (3); adds R.S. 37:2703(19), 2716(D) and 2724; repeals R.S. 37:2703(11), 2706 (C) and (D), 2707(C), (D) and (E), and 2708(C))