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Regular Session, 2010 ENROLLED
SENATE BILL NO. 335
BY SENATOR BROOME
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 licensed clinical12
social workers; to provide relative to provisional certificates; and to provide for13
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
introductory paragraph of 2707(A) (1), and (2), and (B), 2708(A)(1), and (2), 2709,18
2710, 2711(B), 2712, 2713, 2714, 2715(B) through (E), 2716(A)(1), (2)(a), (c), (d)19
and (C), the introductory paragraph of 2717(A) and (3), (B)(1), (6), (7), (8) and (C)20
and (D), 2719, 2720(A)(1), (2) and (3), 2722(A)(1), (2) and (3)are hereby amended21
and reenacted and R.S. 37:2703(19), 2716(D) and 2724 are hereby enacted to read22
as follows:23
ACT No. 880 SB NO. 335 ENROLLED
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§2703. Definitions1
As used in this Chapter, unless the context clearly requires otherwise, and2
except as otherwise expressly provided:3
* * *4
(3) "Board-approved clinical supervisor (BACS)" means a licensed clinical5
social worker (LCSW) who has met the qualifications established by the board.6
* * *7
(6) "Clinical supervision" means an interactional professional relationship8
between a licensed clinical social worker and a graduatelicensed master's social9
worker that provides evaluation and direction over the supervisee's practice of10
clinical social work and promotes continued development of the graduatelicensed11
master's social worker's knowledge, skills, and abilities to engage in the practice of12
clinical social work in an ethical and competent manner. Clinical Supervision for13
meeting the requirements of licensure, as a licensed clinical social worker14
(LCSW), must be provided by a licensed clinical social worker who is also a15
board-approved clinical supervisor (BACS).16
* * *17
(10) "Graduate school of social work" means a program within an institution18
of higher education which offers a full-time course of study in social work, granting19
a master's degree in social work or social welfare, and accredited or under20
candidacy by the Council on Social Work Education or its predecessor or successor21
organization.22
(11) "Graduate social worker (GSW)" means a person duly certified to23
practice graduate social work under this Chapter.24
(12)(11) "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
independently in private practice.30 SB NO. 335 ENROLLED
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(13)(12) "Provisional" means a temporary certification which entitles the1
MSW graduate to perform the duties and responsibilities within the scope of practice2
of the graduate social worker for up to three years from the date of issuance of the3
original certificate. "Licensed master's social worker (LMSW)" means a person4
duly registered to practice master's social work under this Chapter.5
* * *6
(17) "Supervision" means the professional relationship between a supervisor7
and an applicant a supervisee for social work licensure that provides guidance and8
evaluation of the services provided by the applicant supervisee.9
* * *10
(18) "Undergraduate social work program" means a program within an11
institution of higher education which offers a full-time course of study in social12
work, granting a bachelor's degree in social work or social welfare, and accredited13
or under candidacy by the Council on Social Work Education or its predecessor or14
successor.15
(19) "Certified Social Worker (CSW)" means a temporary certification16
which entitles the master of social work graduate to perform the duties and17
responsibilities within the scope of practice of the licensed master social worker18
for up to three years, while pursuing licensure.19
§2704. Board of Social Work Examiners20
A. There is hereby created a Louisiana State Board of Social Work21
Examiners within the Department of Health and Hospitals. The board shall be22
subject to the provisions of R.S. 36:803. It shall consist of seven members who are23
citizens of the United States and residents of the state of Louisiana. The members24
shall be appointed by the governor, subject to Senate confirmation. All appointees25
shall be selected from one list compiled by all statewide social work membership26
organizations that have written bylaws and meet all state and federal laws, and the27
Louisiana Chapter of the National Association of Social Workers shall be28
responsible for the coordination of this process. All appointees shall serve no more29
than two consecutive full terms. The completion of an unexpired portion of a full30 SB NO. 335 ENROLLED
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term shall not constitute a full term for purposes of this Section. The board shall1
consist of the following members:2
* * *3
(2) One certified graduate licensed master's social worker with at least five4
years of social work experience.5
* * *6
(4) One member who is either a registered social worker, a certified graduate7
licensed master's social worker, or a licensed clinical social worker.8
* * *9
B. Each board member, with the exception of the public member, shall be10
a person who holds a current, valid license, certification, or registration issued11
pursuant to this Chapter. At all times the board shall consist of at least three12
members who are engaged primarily in rendering direct services in social work and13
at least one member who is engaged primarily in social work education or a practice14
specialty other than clinical.15
* * *16
§2705. Board; meetings; powers17
* * *18
C.(1) * * *19
(2) The board is empowered to examine for, deny, approve, revoke, suspend,20
and renew the license of licensed clinical social workers and shall review21
applications at least once a year. The board is further empowered to examine for,22
deny, approve, revoke, suspend, and renew the license of licensed master's social23
workers and shall review applications at least once a year. The board is further24
empowered to examine for, deny, approve, revoke, suspend, and renew the certificate25
or provisional certificate of graduate of certified social workers or the license of26
licensed master's social workers and shall review applications at least once a year.27
The board is further empowered to deny, approve, revoke, suspend, and renew the28
registration of registered social workers and shall review applications once a year.29
(3) The board shall have the power to conduct hearings on charges calling for30 SB NO. 335 ENROLLED
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revocation or suspension of a registration, certificate, or license. The board shall1
have the power to conduct hearings on charges calling for revocation or suspension2
of a certificate or provisional certificate, as well as revocation or suspension of a3
registration. The board may institute disciplinary proceedings as authorized in this4
Chapter.5
* * *6
D. The board shall keep a listing of social workers licensed, certified,7
provisionally certified, or registered under this Chapter. At each meeting of the8
board the listing shall be updated and made available to the general public.9
* * *10
G. The board shall establish requirements to assure continuing education for11
individuals licensed, certified, provisionally certified, or registered under this12
Chapter as a condition of licensure, certification, provisional certification, or13
registration renewal. Such requirements may include but are not limited to14
continuing education which shall be through programs either provided by or15
approved by the board.16
§2706. Qualifications; registered social worker17
A. No individual shall be eligible for registration by the board as a registered18
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 either a bachelor of social work, bachelor of arts, or bachelor of22
science degree from an undergraduate bachelor's degree or master's degree from23
an accredited social work program. This requirement is satisfied if the applicant has24
graduated from a nonaccredited school and has at least five years of work experience25
as a practicing social worker within the last nine years prior to January 1, 2001.26
* * *27
C. An individual practicing bachelor-level social work in Louisiana and who28
meets the qualifications set forth in Subsection A of this Section who wishes to29
continue the practice shall apply for registration under the provisions of this Chapter30 SB NO. 335 ENROLLED
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within one year subsequent to January 1, 2000.1
D. At any time within one year of January 1, 2000, the board shall register2
as a registered social worker any individual who files a verified application therefor,3
accompanied by such fees as is required in R.S. 37:2716 and who submits evidence4
verified by oath and satisfactory to the board that he complies with the requirements5
of Subsection A of this Section.6
§2707. Qualifications; graduate licensed master's social worker7
A. No individual shall be eligible for certification licensure by the board as8
a graduate licensed master's 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
B. The board may issue a provisional graduate social worker certificate to an17
individual who, except for passing the examination, has completed all requirements18
for certification as a graduate social worker. The individual may hold the provisional19
certificate for no more than three years from the issuance of the original certificate20
and the individual shall take an examination approved by the board at least once a21
year.22
CB. An individual certified licensed as a graduate licensed master's social23
worker or as a provisional graduate social worker may engage in advanced social24
work practice based on the application of social work theory, knowledge, ethics, and25
methods to restore or enhance social, psychosocial, or biopsychosocial functioning26
of individuals, couples, families, groups, organizations, and communities. The27
graduate licensed master's social worker's or provisional graduate social worker's28
practice requires the application of specialized knowledge and advanced practice29
skills which include prevention or intervention, or both, service or treatment30 SB NO. 335 ENROLLED
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planning and evaluation, case management, information and referral, counseling,1
employee assistance services, addiction services, advocacy, teaching, research,2
supervision, consultation, community organization, and the development,3
implementation, and administration of policies, programs, and activities. A social4
worker certified licensed or provisionally certified at the graduate licensed master's5
social worker level may practice clinical social work and psychotherapy within an6
agency under the supervision of a licensed clinical social worker. A graduate7
licensed master's social worker may only work as an employee work as an8
employee only in an agency setting. Notwithstanding the definition of "agency" as9
defined in R.S. 37:2703(1) or the requirement for employment in an agency setting10
provided in this Subsection, a graduate licensed master's social worker shall be11
permitted to provide social work services on behalf of a federal, state, or local12
governmental agency on a contractual basis.13
D. An individual practicing graduate level social work in Louisiana and who14
meets the qualifications set forth in Subsection A of this Section who wishes to15
continue the practice shall apply for certification under the provisions of this Chapter16
within one year subsequent to January 1, 2000.17
E. At any time within one year from January 1, 2000, the board shall waive18
the examination requirement and shall issue a certificate as a graduate social worker19
to any individual who files a verified application therefor, accompanied by such fee20
as is required in R.S. 37:2716, and who submits evidence verified by oath and21
satisfactory to the board that he complies with the requirements of Subsection A of22
this Section.23
§2708. Qualification; licensed clinical social worker24
A. No individual shall be eligible for licensure by the board as a licensed25
clinical social worker unless the individual:26
(1) Is of good moral character and whose screening for criminal history27
pursuant to R.S. 37:2710 contains no disqualifying information.28
(2) Holds a master's degree from a an accredited graduate school of social29
work. This requirement is satisfied if the applicant has graduated from a30 SB NO. 335 ENROLLED
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nonaccredited school and has at least five years of work experience as a practicing1
social worker within the last nine years prior to January 1, 2001.2
* * *3
C. An individual licensed as a board-certified social worker in the state of4
Louisiana on January 1, 2000, and who wishes to secure the licensed clinical social5
worker license, shall submit to the board within one year subsequent to January 1,6
2000, an affidavit stating his desire to secure the licensed clinical social worker7
license.8
§2709. License, certification, or registration required9
No individual shall practice social work in the state unless the individual10
holds a current, valid license, certificate, provisional certificate, or registration issued11
by the board in accordance with this Chapter. This license, certificate, provisional12
certificate, or registration shall be kept conspicuously posted in the office or place13
of business at all times.14
§2710. Application and authorization to obtain criminal history record15
information16
A. As used in this Section, the following terms shall have the following17
meanings:18
(1) "Board” means the Louisiana State Board of Social Work Examiners.19
(2) “Licensure” means any license, certification, or registration which20
the board is authorized to issue.21
(3) “Applicant” means an individual who has made application to the22
board for the issuance, renewal, or reinstatement of any form of licensure which23
the board is authorized by law to issue.24
(4) “Criminal history record information” means information collected25
by state and federal criminal justice agencies on individuals consisting of26
identifiable descriptions and notations of arrests, detentions, indictments, bills27
of information, or any formal criminal charges, and any disposition arising28
therefrom, including sentencing, criminal correctional supervision and release,29
but does not include intelligence for investigatory purposes, nor does it include30 SB NO. 335 ENROLLED
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any identification information which does not indicate involvement of the1
individual in the criminal justice system.2
(5) “Bureau” means the Louisiana Bureau of Criminal Identification and3
Information of the office of state police within the Department of Public Safety4
and Corrections.5
(6) “FBI” means the Federal Bureau of Investigation of the United States6
Department of Justice.7
B. In addition to any other requirements established by board rules, the8
board shall require an applicant, as a condition for eligibility for licensure:9
(1) To submit a full set of fingerprints, in a form and manner prescribed10
by the board.11
(2) To permit the board to request and obtain state and national criminal12
history record information on the applicant.13
(3) To pay, in addition to all other applicable fees and costs, such amount14
as may be incurred by the board in requesting and obtaining state and national15
criminal history record information on the applicant.16
C. In accordance with the provisions and procedure prescribed by this17
Section, the board shall request and obtain state and national criminal history18
record information from the Louisiana Bureau of Criminal Identification and19
Information of the office of state police within the Department of Public Safety20
and Corrections and the Federal Bureau of Investigation of the United States21
Department of Justice relative to any applicant for licensure whose fingerprints22
the board has obtained pursuant to this Section for the purpose of determining23
the applicant’s suitability and eligibility for licensure.24
D. Upon request by the board and upon the board’s submission of an25
applicant’s fingerprints, and such other identifying information as may be26
required, the bureau shall conduct a search of its criminal history record27
information relative to the applicant and report the results of its search to the28
board within sixty days from receipt of any such request. The bureau may29
charge the board a reasonable processing fee for conducting and reporting on30 SB NO. 335 ENROLLED
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any such search.1
E. If the criminal history record information reported by the bureau to2
the board does not provide grounds for disqualification of the applicant for3
licensure under the applicable law administered by the board, the board shall4
have the authority to forward the applicant’s fingerprints and such other5
identifying information as may be required to the FBI with a request for a6
search of national criminal history record information relative to the applicant.7
F. Any and all state or national criminal history record information8
obtained by the board from the bureau or FBI which is not already a matter of9
public record shall be deemed nonpublic and confidential information restricted10
to the exclusive use of the board, its members, officers, investigators, agents,11
and attorneys in evaluating the applicant’s eligibility or disqualification for12
licensure. No such information or records related thereto shall, except with the13
written consent of the applicant or by order of a court of competent jurisdiction,14
be released or otherwise disclosed by the board to any other person or agency.15
G. Upon investigation of the application and other evidence submitted, the16
board shall notify each applicant that the application and evidence submitted for17
consideration is satisfactory and accepted, or unsatisfactory and rejected. If an18
application is rejected, said notice shall state the reasons for such rejection and the19
applicant's right to a compliance hearing in accordance with the rules and regulations20
promulgated by the board.21
§2711. Examination22
* * *23
B. Applicants for licensure as a licensed clinical social worker and applicants24
for certification licensure as a graduate licensed master's social worker shall pass25
an examination approved by the board. The board shall assign the passing grade26
point to any examination administered after having promulgated rules and27
regulations. To insure impartiality, written examinations shall be by numbers, and28
no paper examination shall bear the name of the applicant.29
* * *30 SB NO. 335 ENROLLED
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§2712. Licensure, certification, or registration by reciprocity or endorsement of1
credentials2
The board may issue licenses, certificates, provisional certificates, or3
registrations under the following special conditions:4
(1) The board may issue a license as a licensed clinical social worker or issue5
a certificate license as a graduate licensed master's social worker without6
examination, on payment of the prescribed fee, to an applicant for licensure or7
certification who is the equivalent of a licensed clinical social worker or a graduate8
licensed master's social worker, respectively, licensed or certified under another9
state, territory, commonwealth, or District of Columbia when:10
(a) The requirements for licensure or certification are at the date of licensure11
or certification substantially equal to the requirements then or subsequently in force12
in this state.13
(b) The state, territory, commonwealth, or District of Columbia from which14
the applicant for a license or certificate comes, accords similar privilege or licensure15
or certification without examination to holders of licenses or certificates under this16
Chapter.17
(c) The state, territory, commonwealth, or District of Columbia from which18
the applicant for a license or certificate comes, requires successful completion of an19
examination as a condition of such licensure or certification.20
(2) The board may provisionally certify or register as a provisional graduate21
certified social worker or a registered social worker, respectively, an applicant for22
provisional certification or for registration who is the equivalent of a provisional23
graduate certified social worker or a registered social worker, respectively,24
provisionally certified or registered under another state, territory, commonwealth,25
or District of Columbia when the requirements for provisional certificate26
certification or registration are at the date of provisional certificate certification or27
registration substantially equal to the requirements then or subsequently in force in28
this state and when the state, territory, commonwealth, or District of Columbia from29
which the applicant for provisional certification or registration comes, accords30 SB NO. 335 ENROLLED
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similar privilege or provisional certification or registration to holders of provisional1
certification certificates or registration under this Chapter.2
§2713. License, certificate, provisional certificate, registration3
The board shall issue a license, certificate, provisional certificate, or4
registration signed by the chairman and vice chairman of the board whenever an5
applicant for certification, licensure, or registration successfully qualifies therefor6
as provided in this Chapter.7
§2714. Continuing education and license, certificate, provisional certificate, and8
registration renewal9
A.(1) The board shall have authority to establish and promulgate continuing10
education requirements which are to be fulfilled prior to the renewal of any license,11
certificate, provisional certificate, or registration issued under this Chapter.12
(2) Twenty clock hours of continuing education in programs approved by the13
board shall be obtained prior to each renewal date, including three hours of ethics14
every two years. In addition, for renewal of a licensed clinical social work license,15
no less than ten clock hours of the continuing education requirement shall be clinical16
content including diagnosis and treatment of mental disorders. Failure to fulfill these17
requirements shall cause the license, certificate, provisional certificate, or18
registration to lapse, and any application for renewal will be declined until the19
continuing education requirements have been met.20
(3) Documentation in a form acceptable to the board, demonstrating21
compliance with the continuing education requirements, shall accompany the22
application for the renewal of the license, certificate, provisional certificate, or23
registration.24
B. In addition to the continuing education requirements set out in Subsection25
A of this Section, each license, certificate, provisional certificate, or registration26
issued under the provisions of this Chapter shall be renewed annually except as27
otherwise provided. On or before July first of each year, the board shall mail an28
application for renewal of a license, certificate, provisional certificate, or registration29
to each person to whom a license, certificate, provisional certificate, or registration30 SB NO. 335 ENROLLED
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was issued or renewed during the current year, which application shall be mailed to1
the most recent address of said person as it appears on the records of the board. Such2
person shall complete the renewal application and return it to the board accompanied3
by such renewal fee as is required by the board before August thirty-first of the year4
in which said application was received. Upon receipt of any application and fee, the5
board shall verify the accuracy of such application and issue to the applicant a notice6
of renewal of the license, certificate, provisional certificate, or registration for the7
current year, beginning September first and expiring August thirty-first.8
C. If any person fails to renew his or her license, certificate, provisional9
certificate, or registration by August thirty-first, such license, certificate, provisional10
certificate, or registration shall lapse. Failure to fulfill these requirements shall11
cause the license, certificate, or registration to lapse, and any application for12
renewal will be declined until the continuing education requirements have been13
met. If a social worker fails to complete the continuing education requirements14
by June thirtieth of each year, at the licensed, certified registered level, he may15
not practice social work. Renewal of a license, certificate, provisional certificate,16
or registration which has lapsed for three months or less may be effected upon17
submission to the board of a renewal application accompanied by such renewal fee18
as is required by the board. Renewal of a license, certificate, or registration which19
has lapsed for a period in excess of three months but less than six months may be20
effected upon submission to the board of a renewal application accompanied by a fee21
which shall be twice the amount of the normal renewal fee specified by the board.22
If a license, certificate, provisional certificate, or registration is allowed to lapse for23
six months or longer, the applicant for the license, certificate, provisional certificate,24
or registration shall be considered a new applicant subject to appropriate provisions25
of this Chapter.26
D. The board shall have the authority to grant continuing education27
waivers for declared emergencies. In response to a disaster or emergency28
declared by the governor of the state of Louisiana, continuing education units29
required for renewal of a license may be waived by the board.30 SB NO. 335 ENROLLED
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E. The board shall have the authority to grant continuing education1
extensions for extenuating circumstances. In response to an extenuating2
circumstance, the time frame mandated to complete continuing education units3
required for renewal of a license may be extended by the board.4
§2715. Rights and privileges5
* * *6
B. An individual who possesses a current, valid certificate license issued by7
the board pursuant to this Chapter shall have the right to practice and use the title8
graduate licensed master's social worker and the abbreviation GSW LMSW.9
C. An individual who possesses a current, valid provisional certificate issued10
by the board pursuant to this Chapter shall have the right to practice and use the title11
graduate certified social worker-provisional and the abbreviation GSW-provisional12
CSW.13
D. An individual who possesses a current, valid registration issued by the14
board pursuant to this Chapter shall have the right to practice and use the title15
registered social worker and the abbreviation RSW.16
E. No other individual shall assume such title, use such abbreviation or use17
any word, letter, sign, figure, or device to indicate that he is a licensed clinical social18
worker, a graduate licensed master's social worker, a graduate certified social19
worker-provisional, or a registered social worker.20
§2716. Fees21
A.(1) The board shall establish a reasonable fee schedule for examinations,22
applications, reexaminations, renewal, or reissuance of any license, certificate,23
provisional certificate, or registration, or for any other administrative function24
provided for in this Chapter; and the receipts from the payment of such fees shall be25
used to carry out the purposes of this Chapter. Such fee schedule may be modified26
from time to time as deemed necessary by the board. The fees shall be established27
and payable by rule adopted in accordance with the Administrative Procedure Act.28
(2) The board is authorized to increase the fees in the fee schedule to not29
more than the following amounts:30 SB NO. 335 ENROLLED
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(a) One hundred dollars per application for licensure as a licensed clinical1
social worker; seventy-five dollars per application for certification licensure as a2
graduate licensed master's social worker; seventy-five dollars per application for3
provisional certification as a graduate certified social worker; and fifty dollars per4
application for registration as a registered social worker.5
* * *6
(c) One hundred dollars per renewal of any license, certificate, provisional7
certificate, or registration.8
(d) Fifty dollars per reissuance of any license, certificate, provisional9
certificate, or registration.10
* * *11
C. No fee shall be refunded. Criminal record checks are required prior12
to issuance of license, certificate, or registration. Costs associated with criminal13
record checks are the responsibility of the applicant. The results of the criminal14
history record information search must be obtained, reviewed, and considered15
acceptable by the board prior to issuance of license, certificate, or registration.16
D. No fee shall be refunded.17
§2717. Disciplinary action; hearing; procedures; appeal18
A. The board shall have the power to deny, revoke, or suspend any license,19
certificate, provisional certificate, or registration issued by the board or applied for20
in accordance with this Chapter, or otherwise discipline a social worker for any of21
the following causes:22
* * *23
(3) Obtaining or attempting to obtain a license, certificate, provisional24
certificate, or registration by fraud or deception.25
* * *26
B. When the board decides to discipline an individual the board may:27
(1) Refuse to issue or renew a license, certificate, or registration.28
* * *29
(6) Suspend or revoke a license, certificate, provisional certificate, or30 SB NO. 335 ENROLLED
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registration including the summary suspension of said license, certificate, provisional1
certificate, or registration when the board determines that public health, safety, or2
welfare imperatively requires emergency action.3
(7) Restrict a license, certificate, provisional certificate, or registration by4
limiting or reducing the scope of practice.5
(8) Otherwise discipline the holder of a license, certificate, provisional6
certificate, or registration upon proof of violation of any provisions of this Chapter,7
or the rules and regulations promulgated by the board, or both.8
C. Proceedings for disciplinary action or for the denial or withholding of a9
license under the authority of this Section shall be conducted in compliance with the10
board's rules, regulations, and procedures and in compliance with the Administrative11
Procedure Act. The board may require an individual against whom disciplinary12
action has been taken by the board to pay the reasonable costs incurred by the board13
for the hearing or proceedings, including its legal fees, stenographer, investigator,14
or witness fees, and any such costs and fees incurred by the board on any judicial15
review or appeal. These costs and fees shall be paid no later than thirty days after16
the decision of the board becomes final. No license, certificate, provisional17
certificate, or registration shall be issued, reinstated, or renewed until such costs have18
been paid.19
D. No license, certificate, provisional certificate, or registration shall be20
suspended or revoked until a hearing is held before the board, after notice of at least21
thirty days to the social worker. The notice shall be served by registered mail, return22
receipt requested, shall state the date, time, and place of the hearing, and shall set23
forth the ground or grounds of the charges against the social worker. The social24
worker has a right to present his own defense either in proper person or by counsel,25
to produce testimony and to testify in his own behalf. A record of the hearing shall26
be taken and preserved. The record shall contain the notice, documents, and data27
filed in the proceedings; all statements of the board pertinent thereto; the testimony,28
exhibits, and the written findings of fact and orders of the board. The state of29
Louisiana shall be a party to the prosecution of all such actions and hearings before30 SB NO. 335 ENROLLED
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words in boldface type and underscored are additions.
the board pertaining to the suspension or revocation of a license, certificate,1
provisional certificate, or registration; and the attorney general shall appear in behalf2
of the state. The hearing may be adjourned from time to time. If the social worker3
pleads guilty, or if upon hearing the charges the majority of the board finds them4
true, the board may enter an order suspending or revoking the license, certificate,5
provisional certificate, or registration or imposing probationary conditions.6
* * *7
§2719. Discrimination8
No license, certificate, provisional certificate, or registration shall be denied9
any applicant based upon the applicant's race, religion, creed, national origin, sex,10
or physical impairment so long as the physical impairment does not interfere with11
the performance of professional duties.12
§2720. Violations; penalties13
A. It shall be a misdemeanor for any individual or person:14
(1) To engage in the practice of social work without being duly licensed,15
certified, provisionally certified, or registered under the provisions of this Chapter.16
(2) To imply or state that he is a licensed clinical social worker, graduate17
certified social worker, graduate licensed master's social worker provisional, or18
registered social worker, unless he is duly and respectively licensed, certified,19
provisionally 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
Education if these activities and services constitute a part of his the supervised30 SB NO. 335 ENROLLED
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course of study.1
(2) Subsidiary workers in the agencies and offices of individuals licensed,2
certified, provisionally certified, or registered to practice social work in this state3
from assisting in the rendering of services to clients under the personal and4
responsible supervision and direction of such persons.5
(3) Qualified members of other professional groups from doing work of a6
psychosocial nature within their legal scope of practice consistent with the standards7
and ethics of their respective professions, provided that they shall not hold8
themselves out to the public by any title or description of services incorporating the9
term social worker, or that they shall not state or imply that they are licensed,10
certified, provisionally certified, or registered to practice social work.11
* * *12
§2724. Qualification; certified social worker13
A. No individual shall be eligible for certification by the board as a14
certified social worker unless the individual:15
(1) Is of good moral character and whose screening for criminal history16
pursuant to R.S. 37:2710 contains no disqualifying information.17
(2) Holds a master's degree from an accredited graduate school of social18
work.19
B. The board may issue a social worker certificate to an individual who20
has completed all requirements for certification as a certified social worker.21
The individual may hold the certificate for no more than three years from the22
issuance of the original certificate, and the individual shall take an examination23
approved by the board within the first six months after certification and24
annually for the next two and a half years or until they have achieved a passing25
score.26
C. An individual certified as a certified social worker may engage in27
advanced social work practice based on the application of social work theory,28
knowledge, ethics, and methods to restore or enhance social, psychosocial, or29
biopsychosocial functioning of individuals, couples, families, groups,30 SB NO. 335 ENROLLED
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words in boldface type and underscored are additions.
organizations, and communities. The certified social worker practice requires1
the application of specialized knowledge and advanced practice skills which2
include prevention or intervention, or both, service or treatment planning and3
evaluation, case management, information and referral, counseling, employee4
assistance services, addiction services, advocacy, teaching, research,5
supervision, consultation, community organization, and the development,6
implementation, and administration of policies programs, and activities. A7
social worker certified at the certified social worker level may practice clinical8
social work and psychotherapy within an agency under the supervision of a9
licensed clinical social worker. A certified social worker may work as an10
employee only in an agency setting, notwithstanding the definition of "agency"11
as defined in R.S. 37:2703(1) or the requirement for employment in an agency12
setting provided in this Subsection.13
Section 2. R.S. 37:2703(13), 2706 (C) and (D), 2707(C), (D) and (E) and 2708(C)14
are hereby repealed in their entirety.15
Section 3. This Act shall become effective on January 1, 2011.16
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: