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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), and (18), 2704(A)(2) and2
(4) and (B), 2705(C)(2) and (3), (D) and (G), 2706(A)(1) and (2), the introductory3
paragraph of 2707(A)(1) and (2) and (B), 2708(A)(1), and (2), 2709, 2710, 2711(B),4
2712, 2713, 2714, 2715(B) through (E), 2716(A)(1), (2)(a), (c), (d) and (C), the5
introductory paragraph of 2717(A) and (3), (B)(1), (6), (7), (8), and (C) and (D),6
2719, 2720(A)(1), (2) and (3), 2722(A)(1), (2) and (3) and to enact R.S. 37:2703(19),7
2716(D) and 2724 and to repeal R.S. 37:2703(13), 2706 (C) and (D), 2707(C), (D)8
and (E), and 2708(C), relative to the social workers practice act; to provide relative9
to definitions; to provide relative to membership powers, duties and licencing of the10
social work examiner's board; to provide relative to licensed master's social worker;11
to provide relative to certified social workers; to provide relative to a licensed12
clinical social worker; to provide relative to provisional certificates; and to provide13
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), and (18), 2704(A)(2)16
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) and (3), (B)(1), (6), (7), (8) and (C)3
and (D), 2719, 2720(A)(1), (2) and (3), 2722(A)(1), (2) and (3)are hereby amended4
and reenacted and R.S. 37:2703(19), 2716(D) and 2724 are hereby enacted to read5
as 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 worker20
(LCSW), must be provided by a licensed clinical social worker who is also a21
board-approved 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 review applications at least once a year. The board is further3
empowered to examine for, deny, approve, revoke, suspend, and renew the certificate4
or provisional certificate of graduate of certified social workers or the license of5
licensed master's social workers and shall review applications at least once a year.6
The board is further empowered to deny, approve, revoke, suspend, and renew the7
registration of registered social workers and shall review applications once a year.8
(3) The board shall have the power to conduct hearings on charges calling for9
revocation or suspension of a registration, certificate, or license. The board shall10
have the power to conduct hearings on charges calling for revocation or suspension11
of a certificate or provisional certificate, as well as revocation or suspension of a12
registration. The board may institute disciplinary proceedings as authorized in this13
Chapter.14
* * *15
D. The board shall keep a listing of social workers licensed, certified,16
provisionally certified, or registered under this Chapter. At each meeting of the17
board the listing shall be updated and made available to the general public.18
* * *19
G. The board shall establish requirements to assure continuing education for20
individuals licensed, certified, provisionally certified, or registered under this21
Chapter as a condition of licensure, certification, provisional certification, or22
registration renewal. Such requirements may include but are not limited to23
continuing education which shall be through programs either provided by or24
approved by the board.25
§2706. Qualifications; registered social worker26
A. No individual shall be eligible for registration by the board as a registered27
social worker unless the individual:28
(1) Is of good moral character and whose screening for criminal history29 SB NO. 335
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pursuant to R.S. 37:2710 contains no disqualifying information.1
(2) Holds either a bachelor of social work, bachelor of arts, or bachelor of2
science degree from an undergraduate bachelor's degree or master's degree from3
an accredited social work program. This requirement is satisfied if the applicant has4
graduated from a nonaccredited school and has at least five years of work experience5
as a practicing social worker within the last nine years prior to January 1, 2001.6
* * *7
C. An individual practicing bachelor-level social work in Louisiana and who8
meets the qualifications set forth in Subsection A of this Section who wishes to9
continue the practice shall apply for registration under the provisions of this Chapter10
within one year subsequent to January 1, 2000.11
D. At any time within one year of January 1, 2000, the board shall register12
as a registered social worker any individual who files a verified application therefor,13
accompanied by such fees as is required in R.S. 37:2716 and who submits evidence14
verified by oath and satisfactory to the board that he complies with the requirements15
of Subsection A of this Section.16
§2707. Qualifications; graduate licensed master's social worker17
A. No individual shall be eligible for certification licensure by the board as18
a graduate licensed master's social worker unless the individual:19
(1) Is of good moral character and whose screening for criminal history20
pursuant to R.S. 37:2710 contains no disqualifying information.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
* * *26
B. The board may issue a provisional graduate social worker certificate to an27
individual who, except for passing the examination, has completed all requirements28
for certification as a graduate social worker. The individual may hold the provisional29 SB NO. 335
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certificate for no more than three years from the issuance of the original certificate1
and the individual shall take an examination approved by the board at least once a2
year.3
CB. An individual certified licensed as a graduate licensed master's social4
worker or as a provisional graduate social worker may engage in advanced social5
work practice based on the application of social work theory, knowledge, ethics, and6
methods to restore or enhance social, psychosocial, or biopsychosocial functioning7
of individuals, couples, families, groups, organizations, and communities. The8
graduate licensed master's social worker's or provisional graduate social worker's9
practice requires the application of specialized knowledge and advanced practice10
skills which include prevention or intervention, or both, service or treatment11
planning and evaluation, case management, information and referral, counseling,12
employee assistance services, addiction services, advocacy, teaching, research,13
supervision, consultation, community organization, and the development,14
implementation, and administration of policies, programs, and activities. A social15
worker certified licensed or provisionally certified at the graduate licensed master's16
social worker level may practice clinical social work and psychotherapy within an17
agency under the supervision of a licensed clinical social worker. A graduate18
licensed master's social worker may only work as an employee work as an19
employee only in an agency setting. Notwithstanding the definition of "agency" as20
defined in R.S. 37:2703(1) or the requirement for employment in an agency setting21
provided in this Subsection, a graduate licensed master's social worker shall be22
permitted to provide social work services on behalf of a federal, state, or local23
governmental agency on a contractual basis.24
D. An individual practicing graduate level social work in Louisiana and who25
meets the qualifications set forth in Subsection A of this Section who wishes to26
continue the practice shall apply for certification under the provisions of this Chapter27
within one year subsequent to January 1, 2000.28
E. At any time within one year from January 1, 2000, the board shall waive29 SB NO. 335
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the examination requirement and shall issue a certificate as a graduate social worker1
to any individual who files a verified application therefor, accompanied by such fee2
as is required in R.S. 37:2716, and who submits evidence verified by oath and3
satisfactory to the board that he complies with the requirements of Subsection A of4
this Section.5
§2708. Qualification; licensed clinical social worker6
A. No individual shall be eligible for licensure by the board as a licensed7
clinical social worker unless the individual:8
(1) Is of good moral character and whose screening for criminal history9
pursuant to R.S. 37:2710 contains no disqualifying information.10
(2) Holds a master's degree from a an accredited graduate school of social11
work. This requirement is satisfied if the applicant has graduated from a12
nonaccredited school and has at least five years of work experience as a practicing13
social worker within the last nine years prior to January 1, 2001.14
* * *15
C. An individual licensed as a board-certified social worker in the state of16
Louisiana on January 1, 2000, and who wishes to secure the licensed clinical social17
worker license, shall submit to the board within one year subsequent to January 1,18
2000, an affidavit stating his desire to secure the licensed clinical social worker19
license.20
§2709. License, certification, or registration required21
No individual shall practice social work in the state unless the individual22
holds a current, valid license, certificate, provisional certificate, or registration issued23
by the board in accordance with this Chapter. This license, certificate, provisional24
certificate, or registration shall be kept conspicuously posted in the office or place25
of business at all times.26
§2710. Application and authorization to obtain criminal history record27
information28
A. As used in this Section, the following terms shall have the following29 SB NO. 335
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meanings:1
(1) "Board” means the Louisiana State Board of Social Work Examiners.2
(2) “Licensure” means any license, certification, or registration which3
the board is authorized to issue.4
(3) “Applicant” means an individual who has made application to the5
board for the issuance, renewal, or reinstatement of any form of licensure which6
the board is authorized by law to issue.7
(4) “Criminal history record information” means information collected8
by state and federal criminal justice agencies on individuals consisting of9
identifiable descriptions and notations of arrests, detentions, indictments, bills10
of information, or any formal criminal charges, and any disposition arising11
there from, including sentencing, criminal correctional supervision and release,12
but does not include intelligence for investigatory purposes, nor does it include13
any identification information which does not indicate involvement of the14
individual in the criminal justice system.15
(5) “Bureau” means the Louisiana Bureau of Criminal Identification and16
Information of the office of state police within the Department of Public Safety17
and Corrections.18
(6) “FBI” means the Federal Bureau of Investigation of the United States19
Department of Justice.20
B. In addition to any other requirements established by board rules, the21
board shall require an applicant, as a condition for eligibility for licensure:22
(1) To submit a full set of fingerprints, in a form and manner prescribed23
by the board.24
(2) To permit the board to request and obtain state and national criminal25
history record information on the applicant.26
(3) To pay, in addition to all other applicable fees and costs, such amount27
as may be incurred by the board in requesting and obtaining state and national28
criminal history record information on the applicant.29 SB NO. 335
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C. In accordance with the provisions and procedure prescribed by this1
Section, the board shall request and obtain state and national criminal history2
record information from the Louisiana Bureau of Criminal Identification and3
Information of the office of state police within the Department of Public Safety4
and Corrections and the Federal Bureau of Investigation of the United States5
Department of Justice relative to any applicant for licensure whose fingerprints6
the board has obtained pursuant to this Section for the purpose of determining7
the applicant’s suitability and eligibility for licensure.8
D. Upon request by the board and upon the board’s submission of an9
applicant’s fingerprints, and such other identifying information as may be10
required, the bureau shall conduct a search of its criminal history record11
information relative to the applicant and report the results of its search to the12
board within sixty days from receipt of any such request. The bureau may13
charge the board a reasonable processing fee for conducting and reporting on14
any such search.15
E. If the criminal history record information reported by the bureau to16
the board does not provide grounds for disqualification of the applicant for17
licensure under the applicable law administered by the board, the board shall18
have the authority to forward the applicant’s fingerprints and such other19
identifying information as may be required to the FBI with a request for a20
search of national criminal history record information relative to the applicant.21
F. Any and all state or national criminal history record information22
obtained by the board from the bureau or FBI which is not already a matter of23
public record shall be deemed nonpublic and confidential information restricted24
to the exclusive use of the board, its members, officers, investigators, agents,25
and attorneys in evaluating the applicant’s eligibility or disqualification for26
licensure. No such information or records related thereto shall, except with the27
written consent of the applicant or by order of a court of competent jurisdiction,28
be released or otherwise disclosed by the board to any other person or agency.29 SB NO. 335
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G. Upon investigation of the application and other evidence submitted, the1
board shall notify each applicant that the application and evidence submitted for2
consideration is satisfactory and accepted, or unsatisfactory and rejected. If an3
application is rejected, said notice shall state the reasons for such rejection and the4
applicant's right to a compliance hearing in accordance with the rules and regulations5
promulgated by the board.6
§2711. Examination7
* * *8
B. Applicants for licensure as a licensed clinical social worker and applicants9
for certification licensure as a graduate licensed master's social worker shall pass10
an examination approved by the board. The board shall assign the passing grade11
point to any examination administered after having promulgated rules and12
regulations. To insure impartiality, written examinations shall be by numbers, and13
no paper examination shall bear the name of the applicant.14
* * *15
§2712. Licensure, certification, or registration by reciprocity or endorsement of16
credentials17
The board may issue licenses, certificates, provisional certificates, or18
registrations under the following special conditions:19
(1) The board may issue a license as a licensed clinical social worker or issue20
a certificate license as a graduate licensed master's social worker without21
examination, on payment of the prescribed fee, to an applicant for licensure or22
certification who is the equivalent of a licensed clinical social worker or a graduate23
licensed master's social worker, respectively, licensed or certified under another24
state, territory, commonwealth, or District of Columbia when:25
(a) The requirements for licensure or certification are at the date of licensure26
or certification substantially equal to the requirements then or subsequently in force27
in this state.28
(b) The state, territory, commonwealth, or District of Columbia from which29 SB NO. 335
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the applicant for a license or certificate comes, accords similar privilege or licensure1
or certification without examination to holders of licenses or certificates under this2
Chapter.3
(c) The state, territory, commonwealth, or District of Columbia from which4
the applicant for a license or certificate comes, requires successful completion of an5
examination as a condition of such licensure or certification.6
(2) The board may provisionally certify or register as a provisional graduate7
certified social worker or a registered social worker, respectively, an applicant for8
provisional certification or for registration who is the equivalent of a provisional9
graduate certified social worker or a registered social worker, respectively,10
provisionally certified or registered under another state, territory, commonwealth,11
or District of Columbia when the requirements for provisional certificate12
certification or registration are at the date of provisional certificate certification or13
registration substantially equal to the requirements then or subsequently in force in14
this state and when the state, territory, commonwealth, or District of Columbia from15
which the applicant for provisional certification or registration comes, accords16
similar privilege or provisional certification or registration to holders of provisional17
certification certificates or registration under this Chapter.18
§2713. License, certificate, provisional certificate, registration19
The board shall issue a license, certificate, provisional certificate, or20
registration signed by the chairman and vice chairman of the board whenever an21
applicant for certification, licensure, or registration successfully qualifies therefor22
as provided in this Chapter.23
§2714. Continuing education and license, certificate, provisional certificate, and24
registration renewal25
A.(1) The board shall have authority to establish and promulgate continuing26
education requirements which are to be fulfilled prior to the renewal of any license,27
certificate, provisional certificate, or registration issued under this Chapter.28
(2) Twenty clock hours of continuing education in programs approved by the29 SB NO. 335
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board shall be obtained prior to each renewal date, including three hours of ethics1
every two years. In addition, for renewal of a licensed clinical social work license,2
no less than ten clock hours of the continuing education requirement shall be clinical3
content including diagnosis and treatment of mental disorders. Failure to fulfill these4
requirements shall cause the license, certificate, provisional certificate, or5
registration to lapse, and any application for renewal will be declined until the6
continuing education requirements have been met.7
(3) Documentation in a form acceptable to the board, demonstrating8
compliance with the continuing education requirements, shall accompany the9
application for the renewal of the license, certificate, provisional certificate, or10
registration.11
B. In addition to the continuing education requirements set out in Subsection12
A of this Section, each license, certificate, provisional certificate, or registration13
issued under the provisions of this Chapter shall be renewed annually except as14
otherwise provided. On or before July first of each year, the board shall mail an15
application for renewal of a license, certificate, provisional certificate, or registration16
to each person to whom a license, certificate, provisional certificate, or registration17
was issued or renewed during the current year, which application shall be mailed to18
the most recent address of said person as it appears on the records of the board. Such19
person shall complete the renewal application and return it to the board accompanied20
by such renewal fee as is required by the board before August thirty-first of the year21
in which said application was received. Upon receipt of any application and fee, the22
board shall verify the accuracy of such application and issue to the applicant a notice23
of renewal of the license, certificate, provisional certificate, or registration for the24
current year, beginning September first and expiring August thirty-first.25
C. If any person fails to renew his or her license, certificate, provisional26
certificate, or registration by August thirty-first, such license, certificate, provisional27
certificate, or registration shall lapse. Failure to fulfill these requirements shall28
cause the license, certificate, or registration to lapse and any application for29 SB NO. 335
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renewal will be declined until the continuing education requirements have been1
met. If a social worker fails to complete the continuing education requirements2
by June 30 of each year, at the licensed, certified registered level, he may not3
practice social work. Renewal of a license, certificate, provisional certificate, or4
registration which has lapsed for three months or less may be effected upon5
submission to the board of a renewal application accompanied by such renewal fee6
as is required by the board. Renewal of a license, certificate, or registration which7
has lapsed for a period in excess of three months but less than six months may be8
effected upon submission to the board of a renewal application accompanied by a fee9
which shall be twice the amount of the normal renewal fee specified by the board.10
If a license, certificate, provisional certificate, or registration is allowed to lapse for11
six months or longer, the applicant for the license, certificate, provisional certificate,12
or registration shall be considered a new applicant subject to appropriate provisions13
of this Chapter.14
D. The board shall have the authority to grant continuing education15
waivers for declared emergencies. In response to a disaster or emergency16
declared by the governor of the state of Louisiana, continuing education units17
required for renewal of a license may be waived by the board.18
E. The board shall have the authority to grant continuing education19
extensions for extenuating circumstances. In response to an extenuating20
circumstance, the time frame mandated to complete continuing education units21
required for renewal of a license may be extended by the board.22
§2715. Rights and privileges23
* * *24
B. An individual who possesses a current, valid certificate license issued by25
the board pursuant to this Chapter shall have the right to practice and use the title26
graduate licensed master's social worker and the abbreviation GSW LMSW.27
C. An individual who possesses a current, valid provisional certificate issued28
by the board pursuant to this Chapter shall have the right to practice and use the title29 SB NO. 335
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graduate certified social worker-provisional and the abbreviation GSW-provisional1
CSW.2
D. An individual who possesses a current, valid registration issued by the3
board pursuant to this Chapter shall have the right to practice and use the title4
registered social worker and the abbreviation RSW.5
E. No other individual shall assume such title, use such abbreviation or use6
any word, letter, sign, figure, or device to indicate that he is a licensed clinical social7
worker, a graduate licensed master's social worker, a graduate certified social8
worker-provisional, or a registered social worker.9
§2716. Fees10
A.(1) The board shall establish a reasonable fee schedule for examinations,11
applications, reexaminations, renewal, or reissuance of any license, certificate,12
provisional certificate, or registration, or for any other administrative function13
provided for in this Chapter; and the receipts from the payment of such fees shall be14
used to carry out the purposes of this Chapter. Such fee schedule may be modified15
from time to time as deemed necessary by the board. The fees shall be established16
and payable by rule adopted in accordance with the Administrative Procedure Act.17
(2) The board is authorized to increase the fees in the fee schedule to not18
more than the following amounts:19
(a) One hundred dollars per application for licensure as a licensed clinical20
social worker; seventy-five dollars per application for certification licensure as a21
graduate licensed master's social worker; seventy-five dollars per application for22
provisional certification as a graduate certified social worker; and fifty dollars per23
application for registration as a registered social worker.24
* * *25
(c) One hundred dollars per renewal of any license, certificate, provisional26
certificate, or registration.27
(d) Fifty dollars per reissuance of any license, certificate, provisional28
certificate, or registration.29 SB NO. 335
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* * *1
C. No fee shall be refunded. Criminal record checks are required prior2
to issuance of license, certificate or registration. Costs associated with criminal3
record checks are the responsibility of the applicant. The results of the criminal4
history record information search must be obtained, reviewed, and considered5
acceptable by the board prior to issuance of license, certificate or registration.6
D. No fee shall be refunded.7
§2717. Disciplinary action; hearing; procedures; appeal8
A. The board shall have the power to deny, revoke, or suspend any license,9
certificate, provisional certificate, or registration issued by the board or applied for10
in accordance with this Chapter, or otherwise discipline a social worker for any of11
the following causes:12
* * *13
(3) Obtaining or attempting to obtain a license, certificate, provisional14
certificate, or registration by fraud or deception.15
* * *16
B. When the board decides to discipline an individual the board may:17
(1) Refuse to issue or renew a license, certificate, or registration.18
* * *19
(6) Suspend or revoke a license, certificate, provisional certificate, or20
registration including the summary suspension of said license, certificate, provisional21
certificate, or registration when the board determines that public health, safety, or22
welfare imperatively requires emergency action.23
(7) Restrict a license, certificate, provisional certificate, or registration by24
limiting or reducing the scope of practice.25
(8) Otherwise discipline the holder of a license, certificate, provisional26
certificate, or registration upon proof of violation of any provisions of this Chapter,27
or the rules and regulations promulgated by the board, or both.28
C. Proceedings for disciplinary action or for the denial or withholding of a29 SB NO. 335
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words in boldface type and underscored are additions.
license under the authority of this Section shall be conducted in compliance with the1
board's rules, regulations, and procedures and in compliance with the Administrative2
Procedure Act. The board may require an individual against whom disciplinary3
action has been taken by the board to pay the reasonable costs incurred by the board4
for the hearing or proceedings, including its legal fees, stenographer, investigator,5
or witness fees, and any such costs and fees incurred by the board on any judicial6
review or appeal. These costs and fees shall be paid no later than thirty days after7
the decision of the board becomes final. No license, certificate, provisional8
certificate, or registration shall be issued, reinstated, or renewed until such costs have9
been paid.10
D. No license, certificate, provisional certificate, or registration shall be11
suspended or revoked until a hearing is held before the board, after notice of at least12
thirty days to the social worker. The notice shall be served by registered mail, return13
receipt requested, shall state the date, time, and place of the hearing, and shall set14
forth the ground or grounds of the charges against the social worker. The social15
worker has a right to present his own defense either in proper person or by counsel,16
to produce testimony and to testify in his own behalf. A record of the hearing shall17
be taken and preserved. The record shall contain the notice, documents, and data18
filed in the proceedings; all statements of the board pertinent thereto; the testimony,19
exhibits, and the written findings of fact and orders of the board. The state of20
Louisiana shall be a party to the prosecution of all such actions and hearings before21
the board pertaining to the suspension or revocation of a license, certificate,22
provisional certificate, or registration; and the attorney general shall appear in behalf23
of the state. The hearing may be adjourned from time to time. If the social worker24
pleads guilty, or if upon hearing the charges the majority of the board finds them25
true, the board may enter an order suspending or revoking the license, certificate,26
provisional certificate, or registration or imposing probationary conditions.27
* * *28
§2719. Discrimination29 SB NO. 335
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words in boldface type and underscored are additions.
No license, certificate, provisional certificate, or registration shall be denied1
any applicant based upon the applicant's race, religion, creed, national origin, sex,2
or physical impairment so long as the physical impairment does not interfere with3
the performance of professional duties.4
§2720. Violations; penalties5
A. It shall be a misdemeanor for any individual or person:6
(1) To engage in the practice of social work without being duly licensed,7
certified, provisionally certified, or registered under the provisions of this Chapter.8
(2) To imply or state that he is a licensed clinical social worker, graduate9
certified social worker, graduate licensed master's social worker provisional, or10
registered social worker, unless he is duly and respectively licensed, certified,11
provisionally certified, or registered under the provisions of this Chapter.12
(3) To use in connection with his name any designation tending to imply that13
he is licensed, certified, provisionally certified, or registered under the provisions of14
this Chapter during the time his license, certificate, provisional certificate, or15
registration shall be suspended, revoked, or shall have lapsed.16
* * *17
§2722. Exclusions18
A. No provision of this Chapter shall be construed to prohibit:19
(1) The activities and services of a student pursuing a course of study in a20
social work educational program accredited by the Council on Social Work21
Education if these activities and services constitute a part of his the supervised22
course of study.23
(2) Subsidiary workers in the agencies and offices of individuals licensed,24
certified, provisionally certified, or registered to practice social work in this state25
from assisting in the rendering of services to clients under the personal and26
responsible supervision and direction of such persons.27
(3) Qualified members of other professional groups from doing work of a28
psychosocial nature within their legal scope of practice consistent with the standards29 SB NO. 335
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words in boldface type and underscored are additions.
and ethics of their respective professions, provided that they shall not hold1
themselves out to the public by any title or description of services incorporating the2
term social worker, or that they shall not state or imply that they are licensed,3
certified, provisionally certified, or registered to practice social work.4
* * *5
§2724. Qualification; certified social worker6
A. No individual shall be eligible for certification by the board as a7
certified social worker unless the individual:8
(1) Is of good moral character and whose screening for criminal history9
pursuant to R.S. 37:2710 contains no disqualifying information.10
(2) Holds a master's degree from an accredited graduate school of social11
work.12
B. The board may issue a social worker certificate to an individual who13
has completed all requirements for certification as a certified social worker.14
The individual may hold the certificate for no more than three years from the15
issuance of the original certificate and the individual shall take an examination16
approved by the board within the first six months after certification and17
annually for the next two and a half years or until they have achieved a passing18
score.19
C. An individual certified as a certified social worker may engage in20
advanced social work practice based on the application of social work theory,21
knowledge, ethics, and methods to restore or enhance social, psychological, or22
biopsychological functioning of individuals, couples, families, groups,23
organizations, and communities. The certified social worker practice requires24
the application of specialized knowledge and advanced practice skills which25
include prevention or intervention, or both, service or treatment planning and26
evaluation, case management, information and referral, counseling, employee27
assistance services, addiction services, advocacy, teaching, research,28
supervision, consultation, community organization, and the development,29 SB NO. 335
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words in boldface type and underscored are additions.
implementation, and administration of policies programs, and activities. A1
social worker certified at the certified social worker level may practice clinical2
social work and psychotherapy within an agency under the supervision of a3
licensed clinical social worker. A certified social worker may work as an4
employee only in an agency setting, notwithstanding the definition of "agency"5
as defined in R.S. 37:2703(1) or the requirement for employment in an agency6
setting provided in this Subsection.7
Section 2. R.S. 37:2703(13), 2706 (C) and (D), 2707(C), (D) and (E) and 2708(C)8
are hereby repealed in their entirety.9
Section 3. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
The original instrument was prepared by Bobbie Hunter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
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.
Present law provides for the authority of the board to establish continuing education and
licensing renewal requirements. SB NO. 335
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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), and (18), 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, 2710, 2711(B), 2712, 2713, 2714, 2715(B)
through (E), 2716(A)(1), (2)(a), (c), (d) and (C), the introductory paragraph of 2717(A) and
(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(13), 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.
Senate Floor Amendments to engrossed bill.
1. Legislative Bureau technical amendments.