Maryland 2024 Regular Session

Maryland House Bill HB1285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb1285
9	6
10	7		HOUSE BILL 1285
11	8		K1 4lr1979
12	9		CF SB 931
13	10		By: Delegate McComas
14	11		Introduced and read first time: February 9, 2024
15	12		Assigned to: Economic Matters
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 8, 2024
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Workers’ Compensation – Rehabilitation Practitioners – Licensed Social 2
25	19		Workers 3
26	20
27	21		FOR the purpose of authorizing certain licensed social workers to register as a 4
28	22		rehabilitation practitioner; authorizing a licensed certified social worker–clinical to 5
29	23		provide evaluation services for workers’ compensation claims related to permanent 6
30	24		impairments involving a behavioral or mental disorder; and generally relating to 7
31	25		rehabilitation practitioners. 8
32	26
33	27		BY repealing and reenacting, without amendments, 9
34	28		Article – Labor and Employment 10
35	29		Section 9–6A–01(a) 11
36	30		Annotated Code of Maryland 12
37	31		(2016 Replacement Volume and 2023 Supplement) 13
38	32
39	33		BY repealing and reenacting, with amendments, 14
40	34		Article – Labor and Employment 15
41	35		Section 9–6A–01(d), 9–6A–04(c), 9–6A–09, and 9–721(c) 16
42	36		Annotated Code of Maryland 17
43	37		(2016 Replacement Volume and 2023 Supplement) 18
44	38
45	39		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
46	40		That the Laws of Maryland read as follows: 20
47	41
48		-	Article – Labor and Employment 21 2 HOUSE BILL 1285
	42	+	Article – Labor and Employment 21
	43	+
	44	+	9–6A–01. 22
	45	+
	46	+	(a) In this subtitle the following words have the meanings indicated. 23
	47	+
	48	+	(d) (1) “Rehabilitation practitioner” means an individual who provides 24 2 HOUSE BILL 1285
	49	+
	50	+
	51	+	vocational rehabilitation services. 1
	52	+
	53	+	(2) “Rehabilitation practitioner” includes: 2
	54	+
	55	+	(I) AN INDIVIDUAL LICENSED AS A SOCIAL WORKER WHO HAS 3
	56	+	BEEN DETERMINED BY T HE STATE BOARD OF SOCIAL WORK EXAMINERS AS HAVING 4
	57	+	SUFFICIENT TRAINING AND EXPERIENCE TO PR OVIDE VOCATIONAL 5
	58	+	REHABILITATION SERVI CES, AS CERTIFIED BY THE STATE BOARD OF SOCIAL WORK 6
	59	+	EXAMINERS; 7
	60	+
	61	+	[(i)] (II) a nurse certified by the State Board of Nursing as a nurse 8
	62	+	case manager; 9
	63	+
	64	+	[(ii)] (III) a rehabilitation counselor; and 10
	65	+
	66	+	[(iii)] (IV) a vocational evaluator. 11
	67	+
	68	+	9–6A–04. 12
	69	+
	70	+	(c) Violation of the rules and regulations adopted or enforced by the Commission, 13
	71	+	THE STATE BOARD OF SOCIAL WORK EXAMINERS, or the State Board of Nursing in 14
	72	+	accordance with this title by a rehabilitation practitioner shall be grounds for denial of a 15
	73	+	registration to any applicant, or suspension or revocation of a registrant’s registration 16
	74	+	[pursuant to] IN ACCORDANCE WITH §§ 9–6A–15 and 9–6A–16 of this subtitle. 17
	75	+
	76	+	9–6A–09. 18
	77	+
	78	+	(A) TO QUALIFY FOR REGIST RATION, A LICENSED SOCIAL WORKER SHALL 19
	79	+	BE: 20
	80	+
	81	+	(1) CERTIFIED AS SUCH BY THE STATE BOARD OF SOCIAL WORK 21
	82	+	EXAMINERS; AND 22
	83	+
	84	+	(2) CERTIFIED BY THE STATE BOARD OF SOCIAL WORK EXAMINERS 23
	85	+	AS HAVING SUFFICIENT TRAINING AND EXPERIE NCE TO PROVIDE VOCAT IONAL 24
	86	+	REHABILITATION SERVI CES. 25
	87	+
	88	+	[(a)] (B) To qualify for registration, a nurse case manager shall be certified as 26
	89	+	such by the State Board of Nursing. 27
	90	+
	91	+	[(b)] (C) To qualify for registration, a rehabilitation counselor shall: 28
	92	+
	93	+	(1) have a bachelor’s degree from an accredited institution in rehabilitation 29
	94	+	counseling, human services, psychology, or a related field with at least 1 year of work 30
	95	+	experience in a human services occupation; 31 HOUSE BILL 1285 3
49	96
50	97
51	98
52		-	9–6A–01. 1
	99	+	(2) have a master’s or doctoral degree in rehabilitation counseling, human 1
	100	+	services, psychology, education, or a related field; or 2
53	101
54		-	(a) In this subtitle the following words have the meanings indicated. 2
	102	+	(3) be a certified rehabilitation counselor, certified vocational evaluator, 3
	103	+	certified disability management specialist, hold an equivalent national certification that is 4
	104	+	acceptable to the Commission, or have met all of the education and experience 5
	105	+	requirements to be eligible to be certified. 6
55	106
56		-	(d) (1) “Rehabilitation practitioner” means an individual who provides 3
57		-	vocational rehabilitation services. 4
	107	+	[(c)] (D) To qualify for registration, a vocational evaluator shall: 7
58	108
59		-	(2) “Rehabilitation practitioner” includes: 5
	109	+	(1) have a bachelor’s degree from an accredited institution in vocational 8
	110	+	evaluation, rehabilitation psychology, human services, education, or a related field with 1 9
	111	+	year of work experience in that field; 10
60	112
61		-	(I) AN INDIVIDUAL LICENS ED AS A SOCIAL WORKE R WHO HAS 6
62		-	BEEN DETERMINED BY T HE STATE BOARD OF SOCIAL WORK EXAMINERS AS HAVING 7
63		-	SUFFICIENT TRAINING AND EXPERIENCE TO PR OVIDE VOCATIONAL 8
64		-	REHABILITATION SERVICES , AS CERTIFIED BY THE STATE BOARD OF SOCIAL WORK 9
65		-	EXAMINERS; 10
	113	+	(2) have a master’s or doctoral degree in rehabilitation, vocational 11
	114	+	evaluation, psychology, human services, education, or a related field; or 12
66	115
67		-	[(i)] (II) a nurse certified by the State Board of Nursing as a nurse 11
68		-	case manager; 12
	116	+	(3) be certified or have met all of the educational and experience 13
	117	+	requirements to be eligible to be certified in vocational evaluation by the Commission on 14
	118	+	certification of work adjustment and vocational evaluation specialists, or have met all of 15
	119	+	the education and experience requirements to be eligible for certification. 16
69	120
70		-	[(ii)] (III) a rehabilitation counselor; and 13
	121	+	[(d)] (E) (1) THIS SUBSECTION DOES NOT APPLY TO A LICENSED SOCIAL 17
	122	+	WORKER OR LICENSED CERTIFIE D SOCIAL WORKER –CLINICAL. 18
71	123
72		-	[(iii)] (IV) a vocational evaluator. 14
	124	+	(2) In addition to the requirements of subsections [(b)] (C) and [(c)] (D) of 19
	125	+	this section: 20
73	126
74		-	9–6A–04. 15
	127	+	[(1)] (I) a rehabilitation counselor who has met the education 21
	128	+	requirements under subsection [(b)(1)] (C)(1) or (2) of this section to qualify for registration 22
	129	+	shall work under the administrative supervision of a certified rehabilitation counselor, 23
	130	+	certified vocational evaluator, certified disability management specialist, certified case 24
	131	+	manager, or certified rehabilitation registered nurse; and 25
75	132
76		-	(c) ~~Violation of~~ the ~~rules and regulations adopted or enforced by the Commission, 16~~
77		-	~~THE STATE BOARD~~ OF ~~SOCIAL~~ WORK ~~EXAMINERS, or~~ the ~~State Board of Nursing in 17~~
78		-	~~accordance with this title by a rehabilitation practitioner shall be grounds for denial~~ of a 18
79		-	~~registration to any applicant~~, or ~~suspension or revocation of a registrant’s registration 19~~
80		-	~~[pursuant to] IN ACCORDANCE WITH §§ 9–6A–15 and 9–6A–16 of this subtitle~~. 20
	133	+	[(2)] (II) a vocational evaluator who has met the education requirements 26
	134	+	under subsection [(c)(1)] (D)(1) or (2) of this section shall work under the administrative 27
	135	+	supervision of a certified vocational evaluator, certified rehabilitation counselor, certified 28
	136	+	disability management specialist, certified case manager, or certified rehabilitation 29
	137	+	registered nurse. 30
81	138
82		-	9–~~6A–09~~. 21
	139	+	9–721. 31
83	140
84		-	(A) TO QUALIFY FOR REGIST RATION, A LICENSED SOCIAL WO RKER SHALL 22
85		-	BE: 23
86		-
87		-	(1) CERTIFIED AS SUCH BY THE STATE BOARD OF SOCIAL WORK 24
88		-	EXAMINERS; AND 25
89		-
90		-	(2) CERTIFIED BY THE STATE BOARD OF SOCIAL WORK EXAMINERS 26
91		-	AS HAVING SUFFICIENT TRAINING AND EXPERIE NCE TO PROVIDE VOCAT IONAL 27
92		-	REHABILITATION SERVI CES. 28
93		-
94		-	[(a)] (B) To qualify for registration, a nurse case manager shall be certified as 29
95		-	such by the State Board of Nursing. 30 HOUSE BILL 1285 3
	141	+	(c) If a permanent impairment involves a behavioral or mental disorder, a 32
	142	+	licensed psychologist, A LICENSED CERTIFIED SOCIAL WORKER–CLINICAL, or qualified 33
	143	+	physician shall: 34 4 HOUSE BILL 1285
96	144
97	145
98	146
99		-	[(b)] (C) To qualify for registration, a rehabilitation counselor shall: 1
	147	+	(1) perform an evaluation of only the mental or behavioral portion of the 1
	148	+	permanent impairment; and 2
100	149
101		-	(1) have a bachelor’s degree from an accredited institution in rehabilitation 2
102		-	counseling, human services, psychology, or a related field with at least 1 year of work 3
103		-	experience in a human services occupation; 4
	150	+	(2) report the evaluation to the Commission in accordance with the 3
	151	+	regulations of the Commission. 4
104	152
105		-	(2) have a master’s or doctoral degree in rehabilitation counseling, human 5
106		-	services, psychology, education, or a related field; or 6
	153	+	SECTION 2. AND BE IT FURTHER ENACTED, That the State Workers’ 5
	154	+	Compensation Commission shall grant a waiver of education and training requirements to 6
	155	+	any applicant who was licensed as a rehabilitation practitioner before the effective date of 7
	156	+	this Act. 8
107	157
108		-	(3) be a certified rehabilitation counselor, certified vocational evaluator, 7
109		-	certified disability management specialist, hold an equivalent national certification that is 8
110		-	acceptable to the Commission, or have met all of the education and experience 9
111		-	requirements to be eligible to be certified. 10
112		-
113		-	[(c)] (D) To qualify for registration, a vocational evaluator shall: 11
114		-
115		-	(1) have a bachelor’s degree from an accredited institution in vocational 12
116		-	evaluation, rehabilitation psychology, human services, education, or a related field with 1 13
117		-	year of work experience in that field; 14
118		-
119		-	(2) have a master’s or doctoral degree in rehabilitation, vocational 15
120		-	evaluation, psychology, human services, education, or a related field; or 16
121		-
122		-	(3) be certified or have met all of the educational and experience 17
123		-	requirements to be eligible to be certified in vocational evaluation by the Commission on 18
124		-	certification of work adjustment and vocational evaluation specialists, or have met all of 19
125		-	the education and experience requirements to be eligible for certification. 20
126		-
127		-	[(d)] (E) (1) THIS SUBSECTION DOES NOT APPLY TO A LICEN SED SOCIAL 21
128		-	WORKER OR LICENSED C ERTIFIED SOCIAL WORK ER–CLINICAL. 22
129		-
130		-	(2) In addition to the requirements of subsections [(b)] (C) and [(c)] (D) of 23
131		-	this section: 24
132		-
133		-	[(1)] (I) a rehabilitation counselor who has met the education 25
134		-	requirements under subsection [(b)(1)] (C)(1) or (2) of this section to qualify for registration 26
135		-	shall work under the administrative supervision of a certified rehabilitation counselor, 27
136		-	certified vocational evaluator, certified disability management specialist, certified case 28
137		-	manager, or certified rehabilitation registered nurse; and 29
138		-
139		-	[(2)] (II) a vocational evaluator who has met the education requirements 30
140		-	under subsection [(c)(1)] (D)(1) or (2) of this section shall work under the administrative 31
141		-	supervision of a certified vocational evaluator, certified rehabilitation counselor, certified 32
142		-	disability management specialist, certified case manager, or certified rehabilitation 33
143		-	registered nurse. 34 4 HOUSE BILL 1285
144		-
145		-
146		-
147		-	9–721. 1
148		-
149		-	(c) If a permanent impairment involves a behavioral or mental disorder, a 2
150		-	licensed psychologist, A LICENSED CERTIFIED SOCIAL WORKER –CLINICAL, or qualified 3
151		-	physician shall: 4
152		-
153		-	(1) perform an evaluation of only the mental or behavioral portion of the 5
154		-	permanent impairment; and 6
155		-
156		-	(2) report the evaluation to the Commission in accordance with the 7
157		-	regulations of the Commission. 8
158		-
159		-	SECTION 2. AND BE IT FURTHER ENACTED, That the State Workers’ 9
160		-	Compensation Commission shall grant a waiver of education and training requirements to 10
161		-	any applicant who was licensed as a rehabilitation practitioner before the effective date of 11
162		-	this Act. 12
163		-
164		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
165		-	October 1, 2024. 14
166		-
167		-
168		-
169		-
170		-	Approved:
171		-	________________________________________________________________________________
172		-	Governor.
173		-	________________________________________________________________________________
174		-	Speaker of the House of Delegates.
175		-	________________________________________________________________________________
176		-	President of the Senate.
	158	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
	159	+	October 1, 2024. 10