Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB335 Introduced / Bill

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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
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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
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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
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(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
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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
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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
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*          *          *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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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))