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Oklahoma House Bill HB1818

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1818 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1818 By: Newton
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3838 AS INTRODUCED
3939
4040 An Act relating to professions and occupations;
4141 amending 59 O.S. 2021, Section 1250.1, which relates
4242 to definitions; modifying certain te rms; amending 59
4343 O.S. 2021, Section 1253, as amended by Section 1,
4444 Chapter 65, O.S.L. 2023 (59 O.S. Supp. 2024, Section
4545 1253), which relates to qualifications and membership
4646 for the Oklahoma State Board of Licensed Social
4747 Workers; modifying certain terms; amending 59 O.S.
4848 2021, Section 1261.1, as amended by Section 1,
4949 Chapter 109, O.S.L. 2024 (59 O.S. Supp. 2024, Section
5050 1261.1), which relates to issuing various types of
5151 social worker licenses; modifying certain terms;
5252 amending 59 O.S. 2021, Section 1265, w hich relates to
5353 titles and abbreviations of social workers; modifying
5454 terms; amending 59 O.S. 2021, Section 1270, which
5555 relates to licensed social worker titles; amending
5656 certain terms; and providing an effective date .
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6262 BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
6363 SECTION 1. AMENDATORY 5 9 O.S. 2021, Section 1250.1, is
6464 amended to read as follows:
6565 Section 1250.1. As used in the Social Worker 's Licensing Act:
6666 1. "Approved provider of continuing education " means an
6767 individual, group, professional association, school, institution,
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9494 organization, or agency approved by the Board to conduct educational
9595 programs;
9696 2. "Approved social work program " means a school of social work
9797 or a social work educational program that ha s been approved by the
9898 Board;
9999 3. "Assessment" means the gathering of data abo ut emotional,
100100 behavioral, mental, environmental, biopsychosocial, and
101101 interactional processes gathered in an effort to identify the
102102 client's past and current level of functioning . Assessment may also
103103 include the use of standardized psychometric testing instruments
104104 upon successful completion of appropriate, specialized courses or
105105 training;
106106 4. "Board" means the State Board of Licensed Social Workers,
107107 which shall also be known as t he State Board of Social Work;
108108 5. "Board-approved clinical supervisor " means a licensed
109109 clinical social worker who has met the qualifications determined by
110110 the Board for supervision in a clinical setting;
111111 6. "Board-approved supervisor" means a licensed clinical social
112112 worker (LCSW) who has met the quali fications determined by the Board
113113 for licensure as a supervisor;
114114 7. "Case management" means a method to plan, provide, evaluate,
115115 and monitor services from a variety of resources on behalf of and in
116116 collaboration with a client;
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143143 8. "Client" means the individual, couple, family, group ,
144144 organization, or community that seeks or receives social work
145145 services;
146146 9. "Clinical social work practice " means the practice of social
147147 work by a social worker including asses sment and diagnosis of
148148 behavioral disorders, treatment planning, planning intervention,
149149 case management, information and referrals, including referrals to
150150 an appropriate allopathic or osteopathic physician when the
151151 diagnosis or treatment is in question or psychiatric or medical
152152 treatment is indicated. Treatment methods include the provision of
153153 individual, marital, couple, family and group counseling and
154154 psychotherapy based on the education and training of the social
155155 worker. Treatment shall not include bio logical or medical
156156 treatments. The practice of clinical social work may include
157157 private or independent practice;
158158 10. "Clinical supervision " means an interactional professional
159159 relationship between a supervisor and a social worker that provides
160160 evaluation and direction over the supervisee 's practice of clinical
161161 social work and prom otes continued development of the social
162162 worker's knowledge, skills, and abilities to engage in the practice
163163 of clinical social work in an ethical and competent manner;
164164 11. "Consultation" means a problem-solving process in which
165165 expertise is offered to an individual, couple, family, group,
166166 organization or community;
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193193 12. "Continuing education " means education and training which
194194 are oriented to maintain, improve or enhance the pra ctice of social
195195 work;
196196 13. "Continuing education contact hour " means a sixty-minute
197197 clock hour of instruction, not including breaks or meals;
198198 14. "Conviction" means conviction of a crime by a court of
199199 competent jurisdiction including a finding or verdict of guilt,
200200 whether or not the adjudication of guilt is withheld or not entered
201201 on admission of guilt, a plea of nolo contendere, or a guilty plea;
202202 15. "Counseling" means a method used by social workers to
203203 assist individuals, couples, families and groups in learning how to
204204 solve problems and make decisions about personal, health, soc ial,
205205 educational, vocational, financial, and other interpersonal
206206 concerns;
207207 16. "Diagnosis" means the use of assessment tools such as the
208208 Diagnostic and Statistical Manual or the International
209209 Classification of Diseases;
210210 17. "Employment supervision " means the professional
211211 relationship between a worksite supervisor and social worker in an
212212 employment setting which provides evaluation and direction as it
213213 pertains to job-related duties. This type of supervision shall not
214214 be accepted towards licensure supervis ion requirements;
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241241 18. "Examination" means a standardized test or examination of
242242 social work knowledge, skills an d abilities which have been approved
243243 by the Board;
244244 19. "Implementation and evaluation " means continuing to
245245 evaluate and monitor the effectiveness of the treatment plan;
246246 20. "Independent social work practice " means the practice of
247247 nonclinical social work by a licensed social worker (LSW), licensed
248248 clinical social worke r (LCSW) or licensed social worker with
249249 administration specialty (LSW -ADM) outside of an organized setting,
250250 such as a social, medical, or governmental agency, after completion
251251 of all applicable supervision requirements, in which the social
252252 worker assumes responsibility and accountability for services
253253 provided;
254254 21. "Intervention" means application of techniques utilized to
255255 implement the treatment plan appropriate to an assessment;
256256 22. "Licensed clinical social worker " (LCSW) means a person
257257 duly licensed to practice clinical social work under the Social
258258 Worker's Licensing Act;
259259 23. "Licensed masters social worker " (LMSW) means a person duly
260260 licensed to practice social work under the Social Worker 's Licensing
261261 Act and who holds a master 's degree in social work ;
262262 24. "Licensed social work associate " (LSWA) "Licensed bachelors
263263 social worker (LBSW) " means a person duly licensed to practice
264264 social work under the Social Worker 's Licensing Act;
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291291 25. "Licensed social worker with administration specialty "
292292 (LSW-ADM) means a person duly licensed to practice administrative
293293 social work under the Soc ial Worker's Licensing Act;
294294 26. "Licensed social worker " (LSW) means a person duly licensed
295295 to practice social work under the Social Worker 's Licensing Act;
296296 27. "Licensee" means a person duly licensed under the Social
297297 Worker's Licensing Act;
298298 28. "Licensure supervisor " means a licensed social worker who
299299 has met the qualifications determined by the Board for a licensure
300300 supervisor;
301301 29. "Nonclinical social work " means the practice of social work
302302 by a social worker to include but not be limited to case mana gement,
303303 consultation, education, advocacy and community organization, but
304304 excluding counseling in independent practice, psychotherapy,
305305 treatment and diagnosis;
306306 30. "Nonclinical supervision" means the supervision of social
307307 work practice by a social worker to include but not be limited to
308308 case management, consultation, education, advocacy and community
309309 organization;
310310 31. "Practice of social work " means the professional activity
311311 of helping individuals, groups or communities enhance or restore
312312 their capacity for physical, social and economic functioning and the
313313 professional application of social work values, principles and
314314 techniques in areas such as clinical social work, social servi ce
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341341 administration, social planning, social work consultation and social
342342 work research to one or more of the following ends: Helping people
343343 obtain tangible services; counseling with individuals, families and
344344 groups; helping communities or groups provide or improve social and
345345 health services; and participating in relevant social acti on. The
346346 practice of social work requires knowledge of human development and
347347 behavior; of social economic and cultural institutions and forces;
348348 and of the interaction of all of t hese factors. Social work
349349 practice includes the teaching of relevant subject matter and of
350350 conducting research into problems of human behavior and conflict.
351351 Except as otherwise provided in the Social Worker 's Licensing Act,
352352 reference to the "practice of social work" shall be the practice of
353353 a person licensed under the Social Worke r's Licensing Act;
354354 32. "Private practice of clinical social work " means the
355355 practice of social work performed by a licensed clinical social
356356 worker (LCSW) who is wholly or in par t self-employed and who assumes
357357 responsibility for the nature and quality of the services provided
358358 to the client in exchange for direct payment or third -party
359359 reimbursement, rather than a salaried employee of an organization or
360360 institution;
361361 33. "Psychotherapy" means the use of treatment methods
362362 utilizing a specialized, formal inter action between a clinical
363363 social worker and an individual, couple, family, or group in which a
364364 therapeutic relationship is established, maintained and sustained to
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391391 understand unconscious processes, intrapersonal, interpersonal, and
392392 psychosocial dynamics, and the diagnosis and treatment of mental,
393393 emotional, and behavioral disorders, conditions and addictions;
394394 34. "Supervision" means the professional relationship between
395395 an approved supervisor and a social worker that provides evaluation
396396 and direction over the services provided by the social worker and
397397 promotes continued development of the social worker 's knowledge,
398398 skills and abilities to provide social work services in an ethical
399399 and competent manner; and
400400 35. "Treatment planning" or "treatment plan" means the
401401 organized approach of an assessment to guide the course of
402402 behavioral health treatment based upon identified needs, problems
403403 and issues.
404404 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1253, as
405405 amended by Section 1, Chapter 65, O .S.L. 2023 (59 O.S. Supp. 2024,
406406 Section 1253), is amended to read as follows:
407407 Section 1253. A. There is hereby re -created, to continue until
408408 July 1, 2025 2026, in accordance with the provisions of the Oklahoma
409409 Sunset Law, the State Board of Licensed Social Workers, consisting
410410 of seven (7) members.
411411 B. Three of the members of the Board shall be licensed social
412412 workers or licensed clinical social workers licensed pursuant to the
413413 provisions of the Social Worker 's Licensing Act. Two members shall
414414 be licensed as either social work associates bachelor's social
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441441 workers or master's social workers. One member shall be the
442442 president of the Oklahoma Chapter of the National Association of
443443 Social Workers. The remaining member of the Board shall be selected
444444 from and shall represent the general public.
445445 C. Responsibility for enforcement of the provisions of this act
446446 is hereby vested in the State Board of Social Work. The Board shall
447447 have all of the duties, powers and authority specifically granted
448448 by, or necessary for , the enforcement of this act as well as other
449449 duties, powers and authority it may be granted by applicable law.
450450 D. 1. Each member of the Board appointed as a social worker
451451 shall:
452452 a. be a resident of this state,
453453 b. be licensed in good standing to engage in the practice
454454 of social work in this state,
455455 c. at the time of appointment, have been actively engaged
456456 in the practice of social work for at least one (1)
457457 year out of the last f ive (5) years, and
458458 d. have at least three (3) years of experience in the
459459 practice of social work.
460460 2. Each member of the Board appointed to represent the general
461461 public shall be a resident of this state who has attained the age of
462462 majority and shall not be , nor shall ever have been, a social work
463463 licensee, or the spouse of a social work licensee, or a person who
464464 has ever had any material financial interest in the provision of
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491491 social work services or has engaged in any activity directly related
492492 to the practice of social work.
493493 SECTION 3. AMENDATORY 59 O.S. 202 1, Section 1261.1, as
494494 amended by Section 1, Chapter 109, O.S.L. 2024 (59 O.S. Supp. 2024,
495495 Section 1261.1), is amended to read as follows:
496496 Section 1261.1. A. To obtain a license under the Social
497497 Worker's Licensing Act, an applicant shall:
498498 1. Submit a written application in a form prescribed by the
499499 State Board of Licensed Social Workers;
500500 2. Have attained the age of majority;
501501 3. Have graduated and received a degree in social wor k from an
502502 approved social work program;
503503 4. Have completed any necessary post graduate experience and
504504 supervision in the practice of social work;
505505 5. Have passed the necessary examination and paid all fees
506506 required by the Board; and
507507 6. Submit to a nationa l criminal history record check, as
508508 defined by Section 150.9 of Title 74 of the Oklahoma Statutes. The
509509 costs associated with the national criminal history record check
510510 shall be paid by the applicant and submitted to the Board at the
511511 time of application. With the required fee, the applicant shall
512512 provide to the Board two classifiab le sets of fingerprints to be
513513 provided to the Oklahoma State Bureau of Investigation.
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540540 B. If the results of the national criminal history record check
541541 required by subsection A of this section reveal that the applicant
542542 has been convicted of, or pled guilty or nolo contendere to, any
543543 felony crime that substantially relates to the occupation of a
544544 social worker and poses a reasonable threat to public safety, the
545545 individual's application for licensure may be disapproved and no
546546 further action shall be taken on th e application.
547547 C. Upon certification by the Board, the Board shall authorize
548548 the issuance of social work licenses to persons who qualify as
549549 follows:
550550 1. As a licensed social work associate (LSWA) bachelor's social
551551 worker (LBSW) who has a baccalaureate degree in social work from an
552552 accredited institution or an approved social work program or both
553553 and has passed the examination provided for under these provisions
554554 or who has a doctoral or master's degree in social work from an
555555 institution with a program accre dited by an approved social work
556556 program and has passed the examination provided for under these
557557 provisions;
558558 2. As a licensed master 's social worker (LMSW) who has a
559559 master's degree in social work from an accredited institution or an
560560 approved social work program or both and has passed the examination
561561 provided for under the Social Worker 's Licensing Act;
562562 3. As a licensed social worker (LSW) who has a master 's degree
563563 in social work from an accredited institution or an approved social
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590590 work program or both an d has three thousand (3,000) hours of
591591 postgraduate experience in the practice of social work under
592592 professional supervision of a person licensed under those
593593 provisions, and who h as passed the examination provided for under
594594 the provisions of the Social Worker 's Licensing Act;
595595 4. As a licensed clinical social worker (LCSW) who has a
596596 master's degree in social work from an accredited institution or an
597597 approved social work program or both and has three thousand (3,000)
598598 hours of postgraduate experience in the pr actice of clinical social
599599 work under professional supervision of a person licensed by the
600600 Social Worker's Licensing Act, and who has passed the examination
601601 provided for under the Social Worker's Licensing Act; and
602602 5. As a licensed social worker with administration specialty
603603 (LSW-ADM) who has a master 's degree in social work from an
604604 accredited institution or an approved social work program or both
605605 and has three thousand (3,000) ho urs of postgraduate experience in
606606 the practice of administrative social work u nder professional
607607 supervision of a person licensed by the Social Worker 's Licensing
608608 Act, and who has passed the examination provided for under the
609609 Social Worker's Licensing Act.
610610 D. Applicants who have been licensed as an LSWA LBSW, LMSW,
611611 LSW, LCSW or LSW-ADM in good standing in another state for a minimum
612612 of three (3) years continually since the time of initial full
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639639 licensure post-provisional term and comply with all other state
640640 requirements shall be licensed by the Board.
641641 E. No person may engage in the p rivate practice of clinical
642642 social work unless that person:
643643 1. Is licensed under the Social Worker 's Licensing Act as a
644644 licensed clinical social worker (LCSW); and
645645 2. Continues to meet continuing education requirements set by
646646 the Board.
647647 F. No person may engage in an independent social work practice
648648 unless that person:
649649 1. Is licensed under the Social Worker 's Licensing Act as a
650650 licensed clinical social worker (LCSW), licensed s ocial worker with
651651 administration specialty (LSW -ADM) or licensed social worker (LSW).
652652 This specifically and intentionally excludes licensed social work
653653 associates (LSWA) bachelor's social workers (LBSW) and licensed
654654 masters social workers (LMSW); and
655655 2. Continues to meet continuing education requirements set by
656656 the Board.
657657 G. Any person seeking to pursue postgraduate supervision for
658658 the licensed social worker (LSW), licensed social worker with
659659 administration specialty (LSW -ADM), or licensed clinical socia l
660660 worker (LCSW) must hold licensure status of licensed social work
661661 associate (LSWA) bachelor's social worker (LBSW) or licensed masters
662662 social worker (LMSW) prior to board approval of postgraduate
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689689 supervision for licensure as specified in paragraphs 3, 4 a nd 5 of
690690 subsection C of this section.
691691 H. As used in this section:
692692 1. "Substantially relates " means the nature of criminal conduct
693693 for which the person was convicted has a direct bearing on the
694694 fitness or ability to perform one or more of the duties or
695695 responsibilities necessarily related to the occupation; and
696696 2. "Poses a reasonable threat" means the nature of criminal
697697 conduct for which the person was convicted involved an act or threat
698698 of harm against another and has a bearing on the fitness or ability
699699 to serve the public or work with others in the occupation.
700700 SECTION 4. AMENDATORY 59 O.S. 2021, Section 1265, is
701701 amended to read as follows:
702702 Section 1265. Any person who has received a license as a
703703 licensed social work associate bachelor's social worker shall have
704704 the right to use the title Licensed Social Work Associate Bachelor's
705705 Social Worker, and the abbreviation, LSWA LBSW. No other person
706706 shall assume such title, use such abbreviation, or any word or
707707 letters, signs, figures or devices to indicate that the person using
708708 the same is a licensed social work associate bachelor's social
709709 worker.
710710 SECTION 5. AMENDATORY 59 O.S. 2021, Section 1270, is
711711 amended to read as follows:
712712 Section 1270. A. It shall be a misdemeanor for any person to:
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739739 1. Use in connection with his or her name any designation
740740 tending to imply that he or she is licensed under the Social
741741 Worker's Licensing Act unless he or she is duly and respectively
742742 licensed under the provisions of this ac t;
743743 2. Use in connection with his or her name any designation
744744 tending to imply that he or she is licensed under the provisions of
745745 this act during the time his or her license shall be suspended or
746746 revoked; or
747747 3. Otherwise violate any of the provisions of t his act.
748748 B. 1. Except as otherwise provided, it shall be unlawful for
749749 any individual to engage in the practice of social work unless duly
750750 licensed under this act.
751751 2. Except as otherwise provided, it shall be unlawful for any
752752 individual to engage in the practice of Clinical Social Work unless
753753 duly licensed as a Clinical Social Worker under this act.
754754 3. No individual shall offer social work services or use the
755755 designation social worker, licensed social work associate bachelor's
756756 social worker, licensed master's social worker, licensed social
757757 worker, licensed clinical social worker o r the initials LSWA LBSW,
758758 LMSW, LSW, or LCSW or any other designation indicating licensure
759759 status or hold themselves out as licensed to practice social work
760760 unless duly licensed.
761761 4. The provision of social work services to an individual in
762762 this state, through telephonic, electronic or other means,
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789789 regardless of the location of the social worker, shall constitute
790790 the practice of social work and shall be subject to regulation.
791791 5. Any individual who, after hearing, is found by the State
792792 Board of Licensed Soc ial Workers to have unlawfully engaged in the
793793 practice of social work or to have violated other provisions of this
794794 act shall be subject to a fine to be imposed by the Board not t o
795795 exceed Five Hundred Dollars ($500.00) for each offense. Each
796796 violation of this act or Board rules pertaining to unlawful practice
797797 of social work shall also constitute a misdemeanor.
798798 6. Nothing in this act shall be construed to prevent members of
799799 other professions from performing functions for which they are duly
800800 licensed; provided, however, such professionals shall not hold
801801 themselves out or refer to themselves by any title or description
802802 stating or implying that they are engaged in the practice of soci al
803803 work or that they are licensed to engage in the practice of social
804804 work.
805805 7. Students currently participating in an approved social work
806806 program are exempt from licensure under this act when enrolled in or
807807 participating in an internship, externship, or other social work
808808 experience requirements for such programs.
809809 SECTION 6. This act shall become effective November 1, 2025.
810810
811811 60-1-10374 TKR 12/18/24