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 | 5 | | *sb0931* |
---|
6 | 6 | | |
---|
7 | 7 | | SENATE BILL 931 |
---|
8 | 8 | | K1 4lr2480 |
---|
9 | 9 | | CF 4lr1979 |
---|
10 | 10 | | By: Senator Klausmeier |
---|
11 | 11 | | Introduced and read first time: February 2, 2024 |
---|
12 | 12 | | Assigned to: Finance |
---|
13 | 13 | | |
---|
14 | 14 | | A BILL ENTITLED |
---|
15 | 15 | | |
---|
16 | 16 | | AN ACT concerning 1 |
---|
17 | 17 | | |
---|
18 | 18 | | Workers’ Compensation – Rehabilitation Practitioners – Licensed Social 2 |
---|
19 | 19 | | Workers 3 |
---|
20 | 20 | | |
---|
21 | 21 | | FOR the purpose of authorizing certain licensed social workers to register as a 4 |
---|
22 | 22 | | rehabilitation practitioner; authorizing a licensed certified social worker–clinical to 5 |
---|
23 | 23 | | provide evaluation services for workers’ compensation claims related to permanent 6 |
---|
24 | 24 | | impairments involving a behavioral or mental disorder; and generally relating to 7 |
---|
25 | 25 | | rehabilitation practitioners. 8 |
---|
26 | 26 | | |
---|
27 | 27 | | BY repealing and reenacting, without amendments, 9 |
---|
28 | 28 | | Article – Labor and Employment 10 |
---|
29 | 29 | | Section 9–6A–01(a) 11 |
---|
30 | 30 | | Annotated Code of Maryland 12 |
---|
31 | 31 | | (2016 Replacement Volume and 2023 Supplement) 13 |
---|
32 | 32 | | |
---|
33 | 33 | | BY repealing and reenacting, with amendments, 14 |
---|
34 | 34 | | Article – Labor and Employment 15 |
---|
35 | 35 | | Section 9–6A–01(d), 9–6A–04(c), 9–6A–09, and 9–721(c) 16 |
---|
36 | 36 | | Annotated Code of Maryland 17 |
---|
37 | 37 | | (2016 Replacement Volume and 2023 Supplement) 18 |
---|
38 | 38 | | |
---|
39 | 39 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 |
---|
40 | 40 | | That the Laws of Maryland read as follows: 20 |
---|
41 | 41 | | |
---|
42 | 42 | | Article – Labor and Employment 21 |
---|
43 | 43 | | |
---|
44 | 44 | | 9–6A–01. 22 |
---|
45 | 45 | | |
---|
46 | 46 | | (a) In this subtitle the following words have the meanings indicated. 23 |
---|
47 | 47 | | |
---|
48 | 48 | | (d) (1) “Rehabilitation practitioner” means an individual who provides 24 2 SENATE BILL 931 |
---|
49 | 49 | | |
---|
50 | 50 | | |
---|
51 | 51 | | vocational rehabilitation services. 1 |
---|
52 | 52 | | |
---|
53 | 53 | | (2) “Rehabilitation practitioner” includes: 2 |
---|
54 | 54 | | |
---|
55 | 55 | | (I) AN INDIVIDUAL LICENS ED AS A SOCIAL WORKE R WHO HAS 3 |
---|
56 | 56 | | BEEN DETERMINED BY T HE STATE BOARD OF SOCIAL WORK EXAMINERS AS HAVING 4 |
---|
57 | 57 | | SUFFICIENT TRAINING AND EXPERIENCE TO PR OVIDE VOCATIONAL 5 |
---|
58 | 58 | | REHABILITATION SERVI CES, AS CERTIFIED BY THE STATE BOARD OF SOCIAL WORK 6 |
---|
59 | 59 | | EXAMINERS; 7 |
---|
60 | 60 | | |
---|
61 | 61 | | [(i)] (II) a nurse certified by the State Board of Nursing as a nurse 8 |
---|
62 | 62 | | case manager; 9 |
---|
63 | 63 | | |
---|
64 | 64 | | [(ii)] (III) a rehabilitation counselor; and 10 |
---|
65 | 65 | | |
---|
66 | 66 | | [(iii)] (IV) a vocational evaluator. 11 |
---|
67 | 67 | | |
---|
68 | 68 | | 9–6A–04. 12 |
---|
69 | 69 | | |
---|
70 | 70 | | (c) Violation of the rules and regulations adopted or enforced by the Commission, 13 |
---|
71 | 71 | | THE STATE BOARD OF SOCIAL WORK EXAMINERS, or the State Board of Nursing in 14 |
---|
72 | 72 | | accordance with this title by a rehabilitation practitioner shall be grounds for denial of a 15 |
---|
73 | 73 | | registration to any applicant, or suspension or revocation of a registrant’s registration 16 |
---|
74 | 74 | | [pursuant to] IN ACCORDANCE WITH §§ 9–6A–15 and 9–6A–16 of this subtitle. 17 |
---|
75 | 75 | | |
---|
76 | 76 | | 9–6A–09. 18 |
---|
77 | 77 | | |
---|
78 | 78 | | (A) TO QUALIFY FOR REGIST RATION, A LICENSED SOCIAL WO RKER SHALL 19 |
---|
79 | 79 | | BE: 20 |
---|
80 | 80 | | |
---|
81 | 81 | | (1) CERTIFIED AS SUCH BY THE STATE BOARD OF SOCIAL WORK 21 |
---|
82 | 82 | | EXAMINERS; AND 22 |
---|
83 | 83 | | |
---|
84 | 84 | | (2) CERTIFIED BY THE STATE BOARD OF SOCIAL WORK EXAMINERS 23 |
---|
85 | 85 | | AS HAVING SUFFICIENT TRAINING AND EXPERIE NCE TO PROVIDE VOCAT IONAL 24 |
---|
86 | 86 | | REHABILITATION SERVI CES. 25 |
---|
87 | 87 | | |
---|
88 | 88 | | [(a)] (B) To qualify for registration, a nurse case manager shall be certified as 26 |
---|
89 | 89 | | such by the State Board of Nursing. 27 |
---|
90 | 90 | | |
---|
91 | 91 | | [(b)] (C) To qualify for registration, a rehabilitation counselor shall: 28 |
---|
92 | 92 | | |
---|
93 | 93 | | (1) have a bachelor’s degree from an accredited institution in rehabilitation 29 |
---|
94 | 94 | | counseling, human services, psychology, or a related field with at least 1 year of work 30 |
---|
95 | 95 | | experience in a human services occupation; 31 SENATE BILL 931 3 |
---|
96 | 96 | | |
---|
97 | 97 | | |
---|
98 | 98 | | |
---|
99 | 99 | | (2) have a master’s or doctoral degree in rehabilitation counseling, human 1 |
---|
100 | 100 | | services, psychology, education, or a related field; or 2 |
---|
101 | 101 | | |
---|
102 | 102 | | (3) be a certified rehabilitation counselor, certified vocational evaluator, 3 |
---|
103 | 103 | | certified disability management specialist, hold an equivalent national certification that is 4 |
---|
104 | 104 | | acceptable to the Commission, or have met all of the education and experience 5 |
---|
105 | 105 | | requirements to be eligible to be certified. 6 |
---|
106 | 106 | | |
---|
107 | 107 | | [(c)] (D) To qualify for registration, a vocational evaluator shall: 7 |
---|
108 | 108 | | |
---|
109 | 109 | | (1) have a bachelor’s degree from an accredited institution in vocational 8 |
---|
110 | 110 | | evaluation, rehabilitation psychology, human services, education, or a related field with 1 9 |
---|
111 | 111 | | year of work experience in that field; 10 |
---|
112 | 112 | | |
---|
113 | 113 | | (2) have a master’s or doctoral degree in rehabilitation, vocational 11 |
---|
114 | 114 | | evaluation, psychology, human services, education, or a related field; or 12 |
---|
115 | 115 | | |
---|
116 | 116 | | (3) be certified or have met all of the educational and experience 13 |
---|
117 | 117 | | requirements to be eligible to be certified in vocational evaluation by the Commission on 14 |
---|
118 | 118 | | certification of work adjustment and vocational evaluation specialists, or have met all of 15 |
---|
119 | 119 | | the education and experience requirements to be eligible for certification. 16 |
---|
120 | 120 | | |
---|
121 | 121 | | [(d)] (E) (1) THIS SUBSECTION DOES NOT APPLY TO A LICENSED SOCIAL 17 |
---|
122 | 122 | | WORKER OR LICENSED CERTIFIED SOCIAL WOR KER–CLINICAL. 18 |
---|
123 | 123 | | |
---|
124 | 124 | | (2) In addition to the requirements of subsections [(b)] (C) and [(c)] (D) of 19 |
---|
125 | 125 | | this section: 20 |
---|
126 | 126 | | |
---|
127 | 127 | | [(1)] (I) a rehabilitation counselor who has met the education 21 |
---|
128 | 128 | | requirements under subsection [(b)(1)] (C)(1) or (2) of this section to qualify for registration 22 |
---|
129 | 129 | | shall work under the administrative supervision of a certified rehabilitation counselor, 23 |
---|
130 | 130 | | certified vocational evaluator, certified disability management specialist, certified case 24 |
---|
131 | 131 | | manager, or certified rehabilitation registered nurse; and 25 |
---|
132 | 132 | | |
---|
133 | 133 | | [(2)] (II) a vocational evaluator who has met the education requirements 26 |
---|
134 | 134 | | under subsection [(c)(1)] (D)(1) or (2) of this section shall work under the administrative 27 |
---|
135 | 135 | | supervision of a certified vocational evaluator, certified rehabilitation counselor, certified 28 |
---|
136 | 136 | | disability management specialist, certified case manager, or certified rehabilitation 29 |
---|
137 | 137 | | registered nurse. 30 |
---|
138 | 138 | | |
---|
139 | 139 | | 9–721. 31 |
---|
140 | 140 | | |
---|
141 | 141 | | (c) If a permanent impairment involves a behavioral or mental disorder, a 32 |
---|
142 | 142 | | licensed psychologist, A LICENSED CERTIFIE D SOCIAL WORKER –CLINICAL, or qualified 33 |
---|
143 | 143 | | physician shall: 34 4 SENATE BILL 931 |
---|
144 | 144 | | |
---|
145 | 145 | | |
---|
146 | 146 | | |
---|
147 | 147 | | (1) perform an evaluation of only the mental or behavioral portion of the 1 |
---|
148 | 148 | | permanent impairment; and 2 |
---|
149 | 149 | | |
---|
150 | 150 | | (2) report the evaluation to the Commission in accordance with the 3 |
---|
151 | 151 | | regulations of the Commission. 4 |
---|
152 | 152 | | |
---|
153 | 153 | | SECTION 2. AND BE IT FURTHER ENACTED, That the State Workers’ 5 |
---|
154 | 154 | | Compensation Commission shall grant a waiver of education and training requirements to 6 |
---|
155 | 155 | | any applicant who was licensed as a rehabilitation practitioner before the effective date of 7 |
---|
156 | 156 | | this Act. 8 |
---|
157 | 157 | | |
---|
158 | 158 | | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9 |
---|
159 | 159 | | October 1, 2024. 10 |
---|
160 | 160 | | |
---|