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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), (10), (11), (12), (17),(18) and (19), 2704(A)(2)2
and (4) and (B), 2705(C)(2) and (3), (D) and (G), 2706(A)(1) and (2), the3
introductory paragraph of 2707(A)(1) and (2) and (B), 2708(A)(1), and (2), 2709,4
2710, 2711(B), 2712, 2713, 2714, 2715(B) through (E), 2716(A)(1), (2)(a), (c), (d)5
and (C), the introductory paragraph of 2717(A)(3), (B)(1), (6), (7), (8), and (C) and6
(D), 2719, 2720(A)(1), (2) and (3), 2722(A)(1), (2) and (3) and to enact R.S.7
37:2703(19), 2716(D) and 2724 and to repeal R.S. 37:2703(11), 2706 (C) and (D),8
2707(C), (D) and (E), and 2708(C), relative to the social workers practice act; to9
provide relative to definitions; to provide relative to membership powers, duties and10
licencing of the social work examiner's board; to provide relative to licensed master's11
social worker; to provide relative to certified social workers; to provide relative to12
a licensed clinical social worker; to provide relative to provisional certificates; and13
to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 37:2703(3), (6), (10), (11), (12), (17), (18) and (19),16
2704(A)(2) and (4) and (B), 2705(C)(2) and (3), (D) and (G), 2706(A)(1) and (2), the17 SB NO. 335
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introductory paragraph of 2707(A) (1), and (2), and (B), 2708(A)(1), and (2), 2709,1
2710, 2711(B), 2712, 2713, 2714, 2715(B) through (E), 2716(A)(1), (2)(a), (c), (d)2
and (C), the introductory paragraph of 2717(A)(3), (B)(1), (6), (7), (8) and (C) and3
(D), 2719, 2720(A)(1), (2) and (3), 2722(A)(1), (2) and (3)are hereby amended and4
reenacted and R.S. 37:2703(19), 2716(D) and 2724 are hereby enacted to read as5
follows:6
§2703. Definitions7
As used in this Chapter, unless the context clearly requires otherwise, and8
except as otherwise expressly provided:9
* * *10
(3) "Board-approved clinical supervisor (BACS)" means a licensed clinical11
social worker (LCSW) who has met the qualifications established by the board.12
* * *13
(6) "Clinical supervision" means an interactional professional relationship14
between a licensed clinical social worker and a graduatelicensed master's social15
worker that provides evaluation and direction over the supervisee's practice of16
clinical social work and promotes continued development of the graduatelicensed17
master's social worker's knowledge, skills, and abilities to engage in the practice of18
clinical social work in an ethical and competent manner. Clinical Supervision for19
meeting the requirements of licensure, as a licensed clinical social worker (LCSW)20
must be provided by a licensed clinical social worker who is also a board-approved21
clinical supervisor (BACS).22
* * *23
(10) "Graduate school of social work" means a program within an institution24
of higher education which offers a full-time course of study in social work, granting25
a master's degree in social work or social welfare, and accredited or under26
candidacy by the Council on Social Work Education or its predecessor or successor27
organization.28
(11) "Graduate social worker (GSW)" means a person duly certified to29 SB NO. 335
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practice graduate social work under this Chapter.1
(12)(11) "Licensed clinical social worker (LCSW)" means a person duly2
licensed to independently practice clinical social work under the provisions of this3
Chapter. Notwithstanding any other laws to the contrary, the term "licensed social4
worker" shall be synonymous with the term "licensed clinical social worker". A5
licensed clinical social worker may work as an employee in a practice setting or6
independently in private practice.7
(13)(12) "Provisional" means a temporary certification which entitles the8
MSW graduate to perform the duties and responsibilities within the scope of practice9
of the graduate social worker for up to three years from the date of issuance of the10
original certificate. "Licensed master's social worker (LMSW)" means a person11
duly registered to practice master's social work under this Chapter.12
* * *13
(17) "Supervision" means the professional relationship between a supervisor14
and an applicant a supervisee for social work licensure that provides guidance and15
evaluation of the services provided by the applicant supervisee.16
* * *17
(18) "Undergraduate social work program" means a program within an18
institution of higher education which offers a full-time course of study in social19
work, granting a bachelor's degree in social work or social welfare, and accredited20
or under candidacy by the Council on Social Work Education or its predecessor or21
successor.22
(19) "Certified Social Worker (CSW)" means a temporary certification23
which entitles the master of social work graduate to perform the duties and24
responsibilities within the scope of practice of the licensed master social worker25
for up to three years, while pursuing licensure.26
§2704. Board of Social Work Examiners27
A. There is hereby created a Louisiana State Board of Social Work28
Examiners within the Department of Health and Hospitals. The board shall be29 SB NO. 335
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subject to the provisions of R.S. 36:803. It shall consist of seven members who are1
citizens of the United States and residents of the state of Louisiana. The members2
shall be appointed by the governor, subject to Senate confirmation. All appointees3
shall be selected from one list compiled by all statewide social work membership4
organizations that have written bylaws and meet all state and federal laws, and the5
Louisiana Chapter of the National Association of Social Workers shall be6
responsible for the coordination of this process. All appointees shall serve no more7
than two consecutive full terms. The completion of an unexpired portion of a full8
term shall not constitute a full term for purposes of this Section. The board shall9
consist of the following members:10
* * *11
(2) One certified graduate licensed master's social worker with at least five12
years of social work experience.13
* * *14
(4) One member who is either a registered social worker, a certified graduate15
licensed master's social worker, or a licensed clinical social worker.16
* * *17
B. Each board member, with the exception of the public member, shall be18
a person who holds a current, valid license, certification, or registration issued19
pursuant to this Chapter. At all times the board shall consist of at least three20
members who are engaged primarily in rendering direct services in social work and21
at least one member who is engaged primarily in social work education or a practice22
specialty other than clinical.23
* * *24
§2705. Board; meetings; powers25
* * *26
C.(1) * * *27
(2) The board is empowered to examine for, deny, approve, revoke, suspend,28
and renew the license of licensed clinical social workers and shall review29 SB NO. 335
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applications at least once a year. The board is further empowered to examine for,1
deny, approve, revoke, suspend, and renew the license of licensed master's social2
workers and shall have review applications at least once a year. The board is3
further empowered to examine for, deny, approve, revoke, suspend, and renew the4
certificate or provisional certificate of graduate of certified social workers or the5
license of a licensed master's social workers and shall review applications at least6
once a year. The board is further empowered to deny, approve, revoke, suspend, and7
renew the registration of registered social workers and shall review applications once8
a year.9
(3) The board shall have the power to conduct hearings on charges calling for10
revocation or suspension of a registration, certificate, or license. The board shall11
have the power to conduct hearings on charges calling for revocation or suspension12
of a certificate or provisional certificate, as well as revocation or suspension of a13
registration. The board may institute disciplinary proceedings as authorized in this14
Chapter.15
* * *16
D. The board shall keep a listing of social workers licensed, certified,17
provisionally certified, or registered under this Chapter. At each meeting of the18
board the listing shall be updated and made available to the general public.19
* * *20
G. The board shall establish requirements to assure continuing education for21
individuals licensed, certified, provisionally certified, or registered under this22
Chapter as a condition of licensure, certification, provisional certification, or23
registration renewal. Such requirements may include but are not limited to24
continuing education which shall be through programs either provided by or25
approved by the board.26
§2706. Qualifications; registered social worker27
A. No individual shall be eligible for registration by the board as a registered28
social worker unless the individual:29 SB NO. 335
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(1) Is of good moral character and whose screening for criminal history1
pursuant to R.S. 37:2710 contains no disqualifying information.2
(2) Holds either a bachelor of social work, bachelor of arts, or bachelor of3
science degree from an undergraduate bachelor's degree or master's degree from4
an accredited social work program. This requirement is satisfied if the applicant has5
graduated from a nonaccredited school and has at least five years of work experience6
as a practicing social worker within the last nine years prior to January 1, 2001.7
* * *8
C. An individual practicing bachelor-level social work in Louisiana and who9
meets the qualifications set forth in Subsection A of this Section who wishes to10
continue the practice shall apply for registration under the provisions of this Chapter11
within one year subsequent to January 1, 2000.12
D. At any time within one year of January 1, 2000, the board shall register13
as a registered social worker any individual who files a verified application therefor,14
accompanied by such fees as is required in R.S. 37:2716 and who submits evidence15
verified by oath and satisfactory to the board that he complies with the requirements16
of Subsection A of this Section.17
§2707. Qualifications; graduate licensed master's social worker18
A. No individual shall be eligible for certification licensure by the board as19
a graduate licensed master's social worker unless the individual:20
(1) Is of good moral character and whose screening for criminal history21
pursuant to R.S. 37:2710 contains no disqualifying information.22
(2) Holds a master's degree from a an accredited graduate school of social23
work. This requirement is satisfied if the applicant has graduated from a24
nonaccredited school and has at least five years of work experience as a practicing25
social worker within the last nine years prior to January 1, 2001.26
* * *27
B. The board may issue a provisional graduate social worker certificate to an28
individual who, except for passing the examination, has completed all requirements29 SB NO. 335
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for certification as a graduate social worker. The individual may hold the provisional1
certificate for no more than three years from the issuance of the original certificate2
and the individual shall take an examination approved by the board at least once a3
year.4
CB. An individual certified licensed as a graduate licensed master's social5
worker or as a provisional graduate social worker may engage in advanced social6
work practice based on the application of social work theory, knowledge, ethics, and7
methods to restore or enhance social, psychosocial, or biopsychosocial functioning8
of individuals, couples, families, groups, organizations, and communities. The9
graduate licensed master's social worker's or provisional graduate social worker's10
practice requires the application of specialized knowledge and advanced practice11
skills which include prevention or intervention, or both, service or treatment12
planning and evaluation, case management, information and referral, counseling,13
employee assistance services, addiction services, advocacy, teaching, research,14
supervision, consultation, community organization, and the development,15
implementation, and administration of policies, programs, and activities. A social16
worker certified licensed or provisionally certified at the graduate licensed master's17
social worker level may practice clinical social work and psychotherapy within an18
agency under the supervision of a licensed clinical social worker. A graduate19
licensed master's social worker may only work as an employee in an agency setting.20
Notwithstanding the definition of "agency" as defined in R.S. 37:2703(1) or the21
requirement for employment in an agency setting provided in this Subsection, a22
graduate licensed master's social worker shall be permitted to provide social work23
services on behalf of a federal, state, or local governmental agency on a contractual24
basis.25
D. An individual practicing graduate level social work in Louisiana and who26
meets the qualifications set forth in Subsection A of this Section who wishes to27
continue the practice shall apply for certification under the provisions of this Chapter28
within one year subsequent to January 1, 2000.29 SB NO. 335
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E. At any time within one year from January 1, 2000, the board shall waive1
the examination requirement and shall issue a certificate as a graduate social worker2
to any individual who files a verified application therefor, accompanied by such fee3
as is required in R.S. 37:2716, and who submits evidence verified by oath and4
satisfactory to the board that he complies with the requirements of Subsection A of5
this Section.6
§2708. Qualification; licensed clinical social worker7
A. No individual shall be eligible for licensure by the board as a licensed8
clinical social worker unless the individual:9
(1) Is of good moral character and whose screening for criminal history10
pursuant to R.S. 37:2710 contains no disqualifying information.11
(2) Holds a master's degree from a an accredited graduate school of social12
work. This requirement is satisfied if the applicant has graduated from a13
nonaccredited school and has at least five years of work experience as a practicing14
social worker within the last nine years prior to January 1, 2001.15
* * *16
C. An individual licensed as a board-certified social worker in the state of17
Louisiana on January 1, 2000, and who wishes to secure the licensed clinical social18
worker license, shall submit to the board within one year subsequent to January 1,19
2000, an affidavit stating his desire to secure the licensed clinical social worker20
license.21
§2709. License, certification, or registration required22
No individual shall practice social work in the state unless the individual23
holds a current, valid license, certificate, provisional certificate, or registration issued24
by the board in accordance with this Chapter. This license, certificate, provisional25
certificate, or registration shall be kept conspicuously posted in the office or place26
of business at all times.27
§2710. Application and authorization to obtain criminal history record28
information29 SB NO. 335
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A. As used in this Section, the following terms shall have the following1
meaning:2
(1) "Board” means the Louisiana State Board of Social Work Examiners.3
(2) “Licensure” means any license, certification, or registration which4
the board is authorized to issue.5
(3) “Applicant” means an individual who has made application to the6
board for the issuance, renewal, or reinstatement of any form of licensure which7
the board is authorized by law to issue.8
(4) “Criminal history record information” means information collected9
by state and federal criminal justice agencies on individuals consisting of10
identifiable descriptions and notations of arrests, detentions, indictments, bills11
of information, or any formal criminal charges, and any disposition arising12
there from, including sentencing, criminal correctional supervision and release,13
but does not include intelligence for investigatory purposes, nor does it include14
any identification information which does not indicate involvement of the15
individual in the criminal justice system.16
(5) “Bureau” means the Louisiana Bureau of Criminal Identification and17
Information of the office of state police within the Department of Public Safety18
and Corrections.19
(6) “FBI” means the Federal Bureau of Investigation of the United States20
Department of Justice.21
B. In addition to any other requirements established by board rules, the22
board shall require an applicant, as a condition for eligibility for licensure:23
(1) To submit a full set of fingerprints, in a form and manner prescribed24
by the board.25
(2) To permit the board to request and obtain state and national criminal26
history record information on the applicant.27
(3) To charge and collect from the applicant, in addition to all other28
applicable fees and costs, such amount as may be incurred by the board in29 SB NO. 335
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requesting and obtaining state and national criminal history record information1
on the applicant.2
C. In accordance with the provisions and procedure prescribed by this3
Section, the board shall request and obtain state and national criminal history4
record information from the Louisiana Bureau of Criminal Identification and5
Information of the office of state police within the Department of Public Safety6
and Corrections and the Federal Bureau of Investigation of the United States7
Department of Justice relative to any applicant for licensure whose fingerprints8
the board has obtained pursuant to this Section for the purpose of determining9
the applicant’s suitability and eligibility for licensure.10
D. Upon request by the board and upon the board’s submission of an11
applicant’s fingerprints, and such other identifying information as may be12
required, the bureau shall conduct a search of its criminal history record13
information relative to the applicant and report the results of its search to the14
board within sixty days from receipt of any such request. The bureau may15
charge the board a reasonable processing fee for conducting and reporting on16
any such search.17
E. If the criminal history record information reported by the bureau to18
the board does not provide grounds for disqualification of the applicant for19
licensure under the applicable law administered by the board, the board shall20
have the authority to forward the applicant’s fingerprints and such other21
identifying information as may be required to the FBI with a request for a22
search of national criminal history record information relative to the applicant.23
F. Any and all state or national criminal history record information24
obtained by the board from the bureau or FBI which is not already a matter of25
public record shall be deemed nonpublic and confidential information restricted26
to the exclusive use of the board, its members, officers, investigators, agents,27
and attorneys in evaluating the applicant’s eligibility or disqualification for28
licensure. No such information or records related thereto shall, except with the29 SB NO. 335
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written consent of the applicant or by order of a court of competent jurisdiction,1
be released or otherwise disclosed by the board to any other person or agency.2
G. Upon investigation of the application and other evidence submitted, the3
board shall notify each applicant that the application and evidence submitted for4
consideration is satisfactory and accepted, or unsatisfactory and rejected. If an5
application is rejected, said notice shall state the reasons for such rejection and the6
applicant's right to a compliance hearing in accordance with the rules and regulations7
promulgated by the board.8
§2711. Examination9
* * *10
B. Applicants for licensure as a licensed clinical social worker and applicants11
for certification licensure as a graduate licensed master's social worker shall pass12
an examination approved by the board. The board shall assign the passing grade13
point to any examination administered after having promulgated rules and14
regulations. To insure impartiality, written examinations shall be by numbers, and15
no paper examination shall bear the name of the applicant.16
* * *17
§2712. Licensure, certification, or registration by reciprocity or endorsement of18
credentials19
The board may issue licenses, certificates, provisional certificates, or20
registrations under the following special conditions:21
(1) The board may issue a license as a licensed clinical social worker or issue22
a certificate license as a graduate licensed master's social worker without23
examination, on payment of the prescribed fee, to an applicant for licensure or24
certification who is the equivalent of a licensed clinical social worker or a graduate25
licensed master's social worker, respectively, licensed or certified under another26
state, territory, commonwealth, or District of Columbia when:27
(a) The requirements for licensure or certification are at the date of licensure28
or certification substantially equal to the requirements then or subsequently in force29 SB NO. 335
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in this state.1
(b) The state, territory, commonwealth, or District of Columbia from which2
the applicant for a license or certificate comes, accords similar privilege or licensure3
or certification without examination to holders of licenses or certificates under this4
Chapter.5
(c) The state, territory, commonwealth, or District of Columbia from which6
the applicant for a license or certificate comes, requires successful completion of an7
examination as a condition of such licensure or certification.8
(2) The board may provisionally certify or register as a provisional graduate9
certified social worker or a registered social worker, respectively, an applicant for10
provisional certification or for registration who is the equivalent of a provisional11
graduate certified social worker or a registered social worker, respectively,12
provisionally certified or registered under another state, territory, commonwealth,13
or District of Columbia when the requirements for provisional certificate14
certification or registration are at the date of provisional certificate certification or15
registration substantially equal to the requirements then or subsequently in force in16
this state and when the state, territory, commonwealth, or District of Columbia from17
which the applicant for provisional certification or registration comes, accords18
similar privilege or provisional certification or registration to holders of provisional19
certification certificates or registration under this Chapter.20
§2713. License, certificate, provisional certificate, registration21
The board shall issue a license, certificate, provisional certificate, or22
registration signed by the chairman and vice chairman of the board whenever an23
applicant for certification, licensure, or registration successfully qualifies therefor24
as provided in this Chapter.25
§2714. Continuing education and license, certificate, provisional certificate, and26
registration renewal27
A.(1) The board shall have authority to establish and promulgate continuing28
education requirements which are to be fulfilled prior to the renewal of any license,29 SB NO. 335
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certificate, provisional certificate, or registration issued under this Chapter.1
(2) Twenty clock hours of continuing education in programs approved by the2
board shall be obtained prior to each renewal date, including three hours of ethics3
every two years. In addition, for renewal of a licensed clinical social work license,4
no less than ten clock hours of the continuing education requirement shall be clinical5
content including diagnosis and treatment of mental disorders. Failure to fulfill these6
requirements shall cause the license, certificate, provisional certificate, or7
registration to lapse, and any application for renewal will be declined until the8
continuing education requirements have been met.9
(3) Documentation in a form acceptable to the board, demonstrating10
compliance with the continuing education requirements, shall accompany the11
application for the renewal of the license, certificate, provisional certificate, or12
registration.13
B. In addition to the continuing education requirements set out in Subsection14
A of this Section, each license, certificate, provisional certificate, or registration15
issued under the provisions of this Chapter shall be renewed annually except as16
otherwise provided. On or before July first of each year, the board shall mail an17
application for renewal of a license, certificate, provisional certificate, or registration18
to each person to whom a license, certificate, provisional certificate, or registration19
was issued or renewed during the current year, which application shall be mailed to20
the most recent address of said person as it appears on the records of the board. Such21
person shall complete the renewal application and return it to the board accompanied22
by such renewal fee as is required by the board before August thirty-first of the year23
in which said application was received. Upon receipt of any application and fee, the24
board shall verify the accuracy of such application and issue to the applicant a notice25
of renewal of the license, certificate, provisional certificate, or registration for the26
current year, beginning September first and expiring August thirty-first.27
C. If any person fails to renew his or her license, certificate, provisional28
certificate, or registration by August thirty-first, such license, certificate, provisional29 SB NO. 335
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certificate, or registration shall lapse. Failure to fulfill these requirements shall1
cause the license, certificate, or registration to lapse and any application for2
renewal will be declined until the continuing education requirements have been3
met. If a social worker fails to complete the continuing education requirements4
by June 30 of each year, at the licensed, certified registered level, he may not5
practice social work. Renewal of a license, certificate, provisional certificate, or6
registration which has lapsed for three months or less may be effected upon7
submission to the board of a renewal application accompanied by such renewal fee8
as is required by the board. Renewal of a license or certificate or registration9
which has lapsed for a period in excess of three months but less than six months may10
be effected upon submission to the board of a renewal application accompanied by11
a fee which shall be twice the amount of the normal renewal fee specified by the12
board. If a license, certificate, provisional certificate, or registration is allowed to13
lapse for six months or longer, the applicant for the license, certificate, provisional14
certificate, or registration shall be considered a new applicant subject to appropriate15
provisions of this Chapter.16
D. The board shall have the authority to grant continuing education17
waivers for declared emergencies. In response to a disaster or emergency18
declared by the governor of the state of Louisiana, continuing education units19
required for renewal of a license may be waived by the board.20
E. The board shall have the authority to grant continuing education21
extensions for extenuating circumstances. In response to an extenuating22
circumstance, the time frame mandated to complete continuing education units23
required for renewal of a license may be extended by the board.24
§2715. Rights and privileges25
* * *26
B. An individual who possesses a current, valid certificate license issued by27
the board pursuant to this Chapter shall have the right to practice and use the title28
graduate licensed master's social worker and the abbreviation GSW LMSW.29 SB NO. 335
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C. An individual who possesses a current, valid provisional certificate issued1
by the board pursuant to this Chapter shall have the right to practice and use the title2
graduate certified social worker-provisional and the abbreviation GSW-provisional3
CSW.4
D. An individual who possesses a current, valid registration issued by the5
board pursuant to this Chapter shall have the right to practice and use the title6
registered social worker and the abbreviation RSW.7
E. No other individual shall assume such title, use such abbreviation or use8
any word, letter, sign, figure, or device to indicate that he is a licensed clinical social9
worker, a graduate licensed master's social worker, a graduate certified social10
worker-provisional, or a registered social worker.11
§2716. Fees12
A.(1) The board shall establish a reasonable fee schedule for examinations,13
applications, reexaminations, renewal, or reissuance of any license, certificate,14
provisional certificate, or registration, or for any other administrative function15
provided for in this Chapter; and the receipts from the payment of such fees shall be16
used to carry out the purposes of this Chapter. Such fee schedule may be modified17
from time to time as deemed necessary by the board. The fees shall be established18
and payable by rule adopted in accordance with the Administrative Procedure Act.19
(2) The board is authorized to increase the fees in the fee schedule to not20
more than the following amounts:21
(a) One hundred dollars per application for licensure as a licensed clinical22
social worker; seventy-five dollars per application for certification licensure as a23
graduate licensed master's social worker; seventy-five dollars per application for24
provisional certification as a graduate certified social worker; and fifty dollars per25
application for registration as a registered social worker.26
* * *27
(c) One hundred dollars per renewal of any license, certificate, provisional28
certificate, or registration.29 SB NO. 335
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(d) Fifty dollars per reissuance of any license, certificate, provisional1
certificate, or registration.2
* * *3
C. No fee shall be refunded. Criminal record checks are required prior4
to issuance of license, certificate or registration. Costs associated with criminal5
record checks are the responsibility of the applicant. The results of the criminal6
history record information search must be obtained, reviewed, and considered7
acceptable by the board prior to issuance of license, certificate or registration.8
D. No fee shall be refunded.9
§2717. Disciplinary action; hearing; procedures; appeal10
A. The board shall have the power to deny, revoke, or suspend any license,11
certificate, provisional certificate, or registration issued by the board or applied for12
in accordance with this Chapter, or otherwise discipline a social worker for any of13
the following causes:14
* * *15
(3) Obtaining or attempting to obtain a license, certificate, provisional16
certificate, or registration by fraud or deception.17
* * *18
B. When the board decides to discipline an individual the board may:19
(1) Refuse to issue or renew a license, certificate, or registration.20
* * *21
(6) Suspend or revoke a license, certificate, provisional certificate, or22
registration including the summary suspension of said license, certificate, provisional23
certificate, or registration when the board determines that public health, safety, or24
welfare imperatively requires emergency action.25
(7) Restrict a license, certificate, provisional certificate, or registration by26
limiting or reducing the scope of practice.27
(8) Otherwise discipline the holder of a license, certificate, provisional28
certificate, or registration upon proof of violation of any provisions of this Chapter,29 SB NO. 335
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words in boldface type and underscored are additions.
or the rules and regulations promulgated by the board, or both.1
C. Proceedings for disciplinary action or for the denial or withholding of a2
license under the authority of this Section shall be conducted in compliance with the3
board's rules, regulations, and procedures and in compliance with the Administrative4
Procedure Act. The board may require an individual against whom disciplinary5
action has been taken by the board to pay the reasonable costs incurred by the board6
for the hearing or proceedings, including its legal fees, stenographer, investigator,7
or witness fees, and any such costs and fees incurred by the board on any judicial8
review or appeal. These costs and fees shall be paid no later than thirty days after9
the decision of the board becomes final. No license, certificate, provisional10
certificate, or registration shall be issued, reinstated, or renewed until such costs have11
been paid.12
D. No license, certificate, provisional certificate, or registration shall be13
suspended or revoked until a hearing is held before the board, after notice of at least14
thirty days to the social worker. The notice shall be served by registered mail, return15
receipt requested, shall state the date, time, and place of the hearing, and shall set16
forth the ground or grounds of the charges against the social worker. The social17
worker has a right to present his own defense either in proper person or by counsel,18
to produce testimony and to testify in his own behalf. A record of the hearing shall19
be taken and preserved. The record shall contain the notice, documents, and data20
filed in the proceedings; all statements of the board pertinent thereto; the testimony,21
exhibits, and the written findings of fact and orders of the board. The state of22
Louisiana shall be a party to the prosecution of all such actions and hearings before23
the board pertaining to the suspension or revocation of a license, certificate,24
provisional certificate, or registration; and the attorney general shall appear in behalf25
of the state. The hearing may be adjourned from time to time. If the social worker26
pleads guilty, or if upon hearing the charges the majority of the board finds them27
true, the board may enter an order suspending or revoking the license, certificate,28
provisional certificate, or registration or imposing probationary conditions.29 SB NO. 335
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words in boldface type and underscored are additions.
* * *1
§2719. Discrimination2
No license, certificate, provisional certificate, or registration shall be denied3
any applicant based upon the applicant's race, religion, creed, national origin, sex,4
or physical impairment so long as the physical impairment does not interfere with5
the performance of professional duties.6
§2720. Violations; penalties7
A. It shall be a misdemeanor for any individual or person:8
(1) To engage in the practice of social work without being duly licensed,9
certified, provisionally certified, or registered under the provisions of this Chapter.10
(2) To imply or state that he is a licensed clinical social worker, graduate11
certified social worker, graduate licensed master's social worker provisional, or12
registered social worker, unless he is duly and respectively licensed, certified,13
provisionally certified, or registered under the provisions of this Chapter.14
(3) To use in connection with his name any designation tending to imply that15
he is licensed, certified, provisionally certified, or registered under the provisions of16
this Chapter during the time his license, certificate, provisional certificate, or17
registration shall be suspended, revoked, or shall have lapsed.18
* * *19
§2722. Exclusions20
A. No provision of this Chapter shall be construed to prohibit:21
(1) The activities and services of a student pursuing a course of study in a22
social work educational program accredited by the Council on Social Work23
Education if these activities and services constitute a part of his the supervised24
course of study.25
(2) Subsidiary workers in the agencies and offices of individuals licensed,26
certified, provisionally certified, or registered to practice social work in this state27
from assisting in the rendering of services to clients under the personal and28
responsible supervision and direction of such persons.29 SB NO. 335
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words in boldface type and underscored are additions.
(3) Qualified members of other professional groups from doing work of a1
psychosocial nature within their legal scope of practice consistent with the standards2
and ethics of their respective professions, provided that they shall not hold3
themselves out to the public by any title or description of services incorporating the4
term social worker, or that they shall not state or imply that they are licensed,5
certified, provisionally certified, or registered to practice social work.6
* * *7
§2724. Qualification; certified social worker8
A. No individual shall be eligible for certification by the board as a9
certified social worker unless the individual:10
(1) Is of good moral character and whose screening for criminal history11
pursuant to R.S. 37:2710 contains no disqualifying information.12
(2) Holds a master's degree from an accredited graduate school of social13
work.14
B. The board may issue a social worker certificate to an individual who15
has completed all requirements for certification as a certified social worker.16
The individual may hold the certificate for no more than three years from the17
issuance of the original certificate and the individual shall take an examination18
approved by the board within the first six months after certification and19
annually for the next two and a half years or until they have achieved a passing20
score.21
C. An individual certified as a certified social worker may engage in22
advanced social work practice based on the application of social work theory,23
knowledge, ethics, and methods to restore or enhance social, psychological, or24
biopsychological functioning of individuals, couples, families, groups,25
organizations, and communities. The certified social worker practice requires26
the application of specialized knowledge and advanced practice skills which27
include prevention or intervention, or both, service or treatment planning and28
evaluation, case management, information and referral, counseling, employee29 SB NO. 335
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words in boldface type and underscored are additions.
assistance services, addiction services, advocacy, teaching, research,1
supervision, consultation, community organization, and the development,2
implementation, and administration of policies programs, and activities. A3
social worker certified at the certified social worker level may practice clinical4
social work and psychotherapy within an agency under the supervision of a5
licensed clinical social worker. A certified social worker may only work as an6
employee in an agency setting, notwithstanding the definition of "agency" as7
defined in R.S. 37:2703(1) or the requirement for employment in an agency8
setting provided in this Subsection.9
Section 2. R.S. 37:2703(11), 2706 (C) and (D), 2707(C), (D) and (E) and 2708(C)10
are hereby repealed in their entirety.11
Section 3. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument was prepared by Bobbie Hunter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Greg Waddell.
DIGEST
Broome (SB 335)
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 allows the board to request and obtain a state and national criminal
background check for each applicant for licensure. Proposed law further provides the
procedure by which the background checks shall be obtained. SB NO. 335
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words in boldface type and underscored are additions.
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), (10), (11),(12), (17), (18) 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) and (2), 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill.
1. Amends definition of "graduate school of social work" and "undergraduate
social work program"
2. Requires as a condition of eligibility of licensure a state and national criminal
background check.
3. Provides for the procedure in which the state and national criminal
background check shall be obtained.
4. Technical amendments.