EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1285*
HOUSE BILL 1285
K1 4lr1979
CF SB 931
By: Delegate McComas
Introduced and read first time: February 9, 2024
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 8, 2024
CHAPTER ______
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 2 HOUSE BILL 1285
9–6A–01. 1
(a) In this subtitle the following words have the meanings indicated. 2
(d) (1) “Rehabilitation practitioner” means an individual who provides 3
vocational rehabilitation services. 4
(2) “Rehabilitation practitioner” includes: 5
(I) AN INDIVIDUAL LICENS ED AS A SOCIAL WORKE R WHO HAS 6
BEEN DETERMINED BY T HE STATE BOARD OF SOCIAL WORK EXAMINERS AS HAVING 7
SUFFICIENT TRAINING AND EXPERIENCE TO PR OVIDE VOCATIONAL 8
REHABILITATION SERVICES , AS CERTIFIED BY THE STATE BOARD OF SOCIAL WORK 9
EXAMINERS; 10
[(i)] (II) a nurse certified by the State Board of Nursing as a nurse 11
case manager; 12
[(ii)] (III) a rehabilitation counselor; and 13
[(iii)] (IV) a vocational evaluator. 14
9–6A–04. 15
(c) Violation of the rules and regulations adopted or enforced by the Commission, 16
THE STATE BOARD OF SOCIAL WORK EXAMINERS, or the State Board of Nursing in 17
accordance with this title by a rehabilitation practitioner shall be grounds for denial of a 18
registration to any applicant, or suspension or revocation of a registrant’s registration 19
[pursuant to] IN ACCORDANCE WITH §§ 9–6A–15 and 9–6A–16 of this subtitle. 20
9–6A–09. 21
(A) TO QUALIFY FOR REGIST RATION, A LICENSED SOCIAL WO RKER SHALL 22
BE: 23
(1) CERTIFIED AS SUCH BY THE STATE BOARD OF SOCIAL WORK 24
EXAMINERS; AND 25
(2) CERTIFIED BY THE STATE BOARD OF SOCIAL WORK EXAMINERS 26
AS HAVING SUFFICIENT TRAINING AND EXPERIE NCE TO PROVIDE VOCAT IONAL 27
REHABILITATION SERVI CES. 28
[(a)] (B) To qualify for registration, a nurse case manager shall be certified as 29
such by the State Board of Nursing. 30 HOUSE BILL 1285 3
[(b)] (C) To qualify for registration, a rehabilitation counselor shall: 1
(1) have a bachelor’s degree from an accredited institution in rehabilitation 2
counseling, human services, psychology, or a related field with at least 1 year of work 3
experience in a human services occupation; 4
(2) have a master’s or doctoral degree in rehabilitation counseling, human 5
services, psychology, education, or a related field; or 6
(3) be a certified rehabilitation counselor, certified vocational evaluator, 7
certified disability management specialist, hold an equivalent national certification that is 8
acceptable to the Commission, or have met all of the education and experience 9
requirements to be eligible to be certified. 10
[(c)] (D) To qualify for registration, a vocational evaluator shall: 11
(1) have a bachelor’s degree from an accredited institution in vocational 12
evaluation, rehabilitation psychology, human services, education, or a related field with 1 13
year of work experience in that field; 14
(2) have a master’s or doctoral degree in rehabilitation, vocational 15
evaluation, psychology, human services, education, or a related field; or 16
(3) be certified or have met all of the educational and experience 17
requirements to be eligible to be certified in vocational evaluation by the Commission on 18
certification of work adjustment and vocational evaluation specialists, or have met all of 19
the education and experience requirements to be eligible for certification. 20
[(d)] (E) (1) THIS SUBSECTION DOES NOT APPLY TO A LICEN SED SOCIAL 21
WORKER OR LICENSED C ERTIFIED SOCIAL WORK ER–CLINICAL. 22
(2) In addition to the requirements of subsections [(b)] (C) and [(c)] (D) of 23
this section: 24
[(1)] (I) a rehabilitation counselor who has met the education 25
requirements under subsection [(b)(1)] (C)(1) or (2) of this section to qualify for registration 26
shall work under the administrative supervision of a certified rehabilitation counselor, 27
certified vocational evaluator, certified disability management specialist, certified case 28
manager, or certified rehabilitation registered nurse; and 29
[(2)] (II) a vocational evaluator who has met the education requirements 30
under subsection [(c)(1)] (D)(1) or (2) of this section shall work under the administrative 31
supervision of a certified vocational evaluator, certified rehabilitation counselor, certified 32
disability management specialist, certified case manager, or certified rehabilitation 33
registered nurse. 34 4 HOUSE BILL 1285
9–721. 1
(c) If a permanent impairment involves a behavioral or mental disorder, a 2
licensed psychologist, A LICENSED CERTIFIED SOCIAL WORKER –CLINICAL, or qualified 3
physician shall: 4
(1) perform an evaluation of only the mental or behavioral portion of the 5
permanent impairment; and 6
(2) report the evaluation to the Commission in accordance with the 7
regulations of the Commission. 8
SECTION 2. AND BE IT FURTHER ENACTED, That the State Workers’ 9
Compensation Commission shall grant a waiver of education and training requirements to 10
any applicant who was licensed as a rehabilitation practitioner before the effective date of 11
this Act. 12
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2024. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.