EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1285*
HOUSE BILL 1285
K1 4lr1979
CF SB 931
By: Delegate McComas
Introduced and read first time: February 9, 2024
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Workers’ Compensation – Rehabilitation Practitioners – Licensed Social 2
Workers 3
FOR the purpose of authorizing certain licensed social workers to register as a 4
rehabilitation practitioner; authorizing a licensed certified social worker–clinical to 5
provide evaluation services for workers’ compensation claims related to permanent 6
impairments involving a behavioral or mental disorder; and generally relating to 7
rehabilitation practitioners. 8
BY repealing and reenacting, without amendments, 9
Article – Labor and Employment 10
Section 9–6A–01(a) 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Labor and Employment 15
Section 9–6A–01(d), 9–6A–04(c), 9–6A–09, and 9–721(c) 16
Annotated Code of Maryland 17
(2016 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Labor and Employment 21
9–6A–01. 22
(a) In this subtitle the following words have the meanings indicated. 23
(d) (1) “Rehabilitation practitioner” means an individual who provides 24 2 HOUSE BILL 1285
vocational rehabilitation services. 1
(2) “Rehabilitation practitioner” includes: 2
(I) AN INDIVIDUAL LICENSED AS A SOCIAL WORKER WHO HAS 3
BEEN DETERMINED BY T HE STATE BOARD OF SOCIAL WORK EXAMINERS AS HAVING 4
SUFFICIENT TRAINING AND EXPERIENCE TO PR OVIDE VOCATIONAL 5
REHABILITATION SERVI CES, AS CERTIFIED BY THE STATE BOARD OF SOCIAL WORK 6
EXAMINERS; 7
[(i)] (II) a nurse certified by the State Board of Nursing as a nurse 8
case manager; 9
[(ii)] (III) a rehabilitation counselor; and 10
[(iii)] (IV) a vocational evaluator. 11
9–6A–04. 12
(c) Violation of the rules and regulations adopted or enforced by the Commission, 13
THE STATE BOARD OF SOCIAL WORK EXAMINERS, or the State Board of Nursing in 14
accordance with this title by a rehabilitation practitioner shall be grounds for denial of a 15
registration to any applicant, or suspension or revocation of a registrant’s registration 16
[pursuant to] IN ACCORDANCE WITH §§ 9–6A–15 and 9–6A–16 of this subtitle. 17
9–6A–09. 18
(A) TO QUALIFY FOR REGIST RATION, A LICENSED SOCIAL WORKER SHALL 19
BE: 20
(1) CERTIFIED AS SUCH BY THE STATE BOARD OF SOCIAL WORK 21
EXAMINERS; AND 22
(2) CERTIFIED BY THE STATE BOARD OF SOCIAL WORK EXAMINERS 23
AS HAVING SUFFICIENT TRAINING AND EXPERIE NCE TO PROVIDE VOCAT IONAL 24
REHABILITATION SERVI CES. 25
[(a)] (B) To qualify for registration, a nurse case manager shall be certified as 26
such by the State Board of Nursing. 27
[(b)] (C) To qualify for registration, a rehabilitation counselor shall: 28
(1) have a bachelor’s degree from an accredited institution in rehabilitation 29
counseling, human services, psychology, or a related field with at least 1 year of work 30
experience in a human services occupation; 31 HOUSE BILL 1285 3
(2) have a master’s or doctoral degree in rehabilitation counseling, human 1
services, psychology, education, or a related field; or 2
(3) be a certified rehabilitation counselor, certified vocational evaluator, 3
certified disability management specialist, hold an equivalent national certification that is 4
acceptable to the Commission, or have met all of the education and experience 5
requirements to be eligible to be certified. 6
[(c)] (D) To qualify for registration, a vocational evaluator shall: 7
(1) have a bachelor’s degree from an accredited institution in vocational 8
evaluation, rehabilitation psychology, human services, education, or a related field with 1 9
year of work experience in that field; 10
(2) have a master’s or doctoral degree in rehabilitation, vocational 11
evaluation, psychology, human services, education, or a related field; or 12
(3) be certified or have met all of the educational and experience 13
requirements to be eligible to be certified in vocational evaluation by the Commission on 14
certification of work adjustment and vocational evaluation specialists, or have met all of 15
the education and experience requirements to be eligible for certification. 16
[(d)] (E) (1) THIS SUBSECTION DOES NOT APPLY TO A LICENSED SOCIAL 17
WORKER OR LICENSED CERTIFIE D SOCIAL WORKER –CLINICAL. 18
(2) In addition to the requirements of subsections [(b)] (C) and [(c)] (D) of 19
this section: 20
[(1)] (I) a rehabilitation counselor who has met the education 21
requirements under subsection [(b)(1)] (C)(1) or (2) of this section to qualify for registration 22
shall work under the administrative supervision of a certified rehabilitation counselor, 23
certified vocational evaluator, certified disability management specialist, certified case 24
manager, or certified rehabilitation registered nurse; and 25
[(2)] (II) a vocational evaluator who has met the education requirements 26
under subsection [(c)(1)] (D)(1) or (2) of this section shall work under the administrative 27
supervision of a certified vocational evaluator, certified rehabilitation counselor, certified 28
disability management specialist, certified case manager, or certified rehabilitation 29
registered nurse. 30
9–721. 31
(c) If a permanent impairment involves a behavioral or mental disorder, a 32
licensed psychologist, A LICENSED CERTIFIED SOCIAL WORKER–CLINICAL, or qualified 33
physician shall: 34 4 HOUSE BILL 1285
(1) perform an evaluation of only the mental or behavioral portion of the 1
permanent impairment; and 2
(2) report the evaluation to the Commission in accordance with the 3
regulations of the Commission. 4
SECTION 2. AND BE IT FURTHER ENACTED, That the State Workers’ 5
Compensation Commission shall grant a waiver of education and training requirements to 6
any applicant who was licensed as a rehabilitation practitioner before the effective date of 7
this Act. 8
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2024. 10