ENROLLED HOUSE
BILL NO. 1715	By:	Peterson of the House

			    and

		Brinkley of the Senate

An Act relating to professions and occupations; amending 59 O.S. 2001, Sections 1250.1, as amended by Section 1, Chapter 85, O.S.L. 2003, 1255, as amended by Section 5, Chapter 85, O.S.L. 2003, 1261.1, as amended by Section 8, Chapter 85, O.S.L. 2003, Section 9, Chapter 85, O.S.L. 2003, 1263, as amended by Section 14, Chapter 85, O.S.L. 2003 and Section 17, Chapter 85, O.S.L. 2003 (59 O.S. Supp. 2010, Sections 1250.1, 1255, 1261.1, 1261.1a, 1263 and 1266.1), which relate to the Social Workers' Licensing Act; modifying and adding definitions; increasing length of Board member terms; modifying number of terms Board members may serve; modifying application requirements for certain licenses; specifying ground for certain denials; adding definition; modifying requirements for reinstatement of license; modifying authority of State Board of Licensed Social Workers to assess fees; modifying grounds for revocation of licenses; providing for codification; and providing an effective date.

SUBJECT:  Social Workers’ Licensing Act

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     59 O.S. 2001, Section 1250.1, as amended by Section 1, Chapter 85, O.S.L. 2003 (59 O.S. Supp. 2010, Section 1250.1), is amended to read as follows:

Section 1250.1  As used in the Social Worker’s Licensing Act:
1.  “Approved provider of continuing education” means an individual, group, professional association, school, institution, organization, or agency approved by the Board to conduct educational programs;

2.  “Approved social work program” means a school of social work or a social work educational program that has been approved by the Board;

3.  “Assessment” means the gathering of data about emotional, behavioral, mental, environmental, biopsychosocial, and interactional processes gathered in an effort to identify the client’s past and current level of functioning.  Assessment may also include the use of standardized psychometric testing instruments upon successful completion of appropriate, specialized courses or training;

4.  "Board" means the State Board of Licensed Social Workers, which shall also be known as the State Board of Social Work;

4. 5.  “Board approved clinical supervisor” means a licensed clinical social worker who has met the qualifications determined by the Board for supervision in a clinical setting;

5. 6.  “Board approved supervisor” means a licensed clinical social worker (LCSW) who has met the qualifications determined by the Board for licensure as a supervisor;

6. 7.  “Case management” means a method to plan, provide, evaluate, and monitor services from a variety of resources on behalf of and in collaboration with a client;

7. 8.  “Client” means the individual, couple, family, group, organization, or community that seeks or receives social work services;

8. 9.  “Clinical social work practice” means the practice of social work by a social worker including assessment and diagnosis of behavioral disorders, treatment planning, planning intervention, case management, information and referrals, including referrals to an appropriate allopathic or osteopathic physician when the diagnosis or treatment is in question or psychiatric or medical treatment is indicated.  Treatment methods include the provision of individual, marital, couple, family and group counseling and psychotherapy based on the education and training of the social worker.  Treatment shall not include biological or medical treatments.  The practice of clinical social work may include private or independent practice;

10.  “Clinical supervision” means an interactional professional relationship between a supervisor and a social worker that provides evaluation and direction over the supervisee’s practice of clinical social work and promotes continued development of the social worker’s knowledge, skills, and abilities to engage in the practice of clinical social work in an ethical and competent manner;

9. 11.  “Consultation” means a problem solving process in which expertise is offered to an individual, couple, family, group, organization or community;

10. 12.  “Continuing education” means education and training which are oriented to maintain, improve or enhance the practice of social work;

11. 13.  “Continuing education contact hour” means a sixty-minute clock hour of instruction, not including breaks or meals;

12. 14.  “Conviction” means conviction of a crime by a court of competent jurisdiction including a finding or verdict of guilt, whether or not the adjudication of guilt is withheld or not entered on admission of guilt, a plea of nolo contendere, or a guilty plea;

13. 15.  “Counseling” means a method used by social workers to assist individuals, couples, families and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns;

14. 16.  “Diagnosis” means the use of assessment tools such as the Diagnostic and Statistical Manual or the International Classification of Diseases;

17.  “Employment supervision” means the professional relationship between a worksite supervisor and social worker in an employment setting which provides evaluation and direction as it pertains to job-related duties.  This type of supervision shall not be accepted towards licensure supervision requirements;

18.  “Examination” means a standardized test or examination of social work knowledge, skills and abilities which have been approved by the Board;

15. 19.  “Implementation and evaluation” means continuing to evaluate and monitor the effectiveness of the treatment plan;

20.  “Independent social work practice” means the practice of nonclinical social work by a licensed social worker (LSW), licensed clinical social worker (LCSW) or licensed social worker with administration specialty (LSW-ADM) outside of an organized setting, such as a social, medical, or governmental agency, after completion of all applicable supervision requirements, in which the social worker assumes responsibility and accountability for services provided;

16. 21.  “Intervention” means application of techniques utilized to implement the treatment plan appropriate to an assessment;

22.  “Licensed clinical social worker” (LCSW) means a person duly licensed to practice clinical social work under this act the Social Worker's Licensing Act;

17. 23.  “Licensed masters social worker” (LMSW) means a person duly licensed to practice social work under the Social Worker's Licensing Act and who holds a master's degree in social work;

18. 24.  “Licensed social work associate” (LSWA) means a person duly licensed to practice social work who holds a baccalaureate degree in social work under the Social Worker's Licensing Act;

19. 25.  “Licensed social worker with administration specialty” (LSW-ADM) means a person duly licensed to practice administrative social work under the Social Worker's Licensing Act;

26.  “Licensed social worker” (LSW) means a person duly licensed to practice social work under the Social Worker's Licensing Act;

27.  “Licensee” means a person duly licensed under this act the Social Worker's Licensing Act;

20. 28.  “Licensure supervisor” means a licensed social worker who has met the qualifications determined by the Board for a licensure supervisor;

29.  “Nonclinical social work” means the practice of social work by a social worker to include but not be limited to case management, consultation, education, advocacy and community organization, but excluding counseling in independent practice, psychotherapy, treatment and diagnosis;

30.  “Nonclinical supervision” means the supervision of social work practice by a social worker to include but not be limited to case management, consultation, education, advocacy and community organization;

31.  “Practice of social work” means the professional activity of helping individuals, groups or communities enhance or restore their capacity for physical, social and economic functioning and the professional application of social work values, principles and techniques in areas such as clinical social work, social service administration, social planning, social work consultation and social work research to one or more of the following ends:  Helping people obtain tangible services; counseling with individuals, families and groups; helping communities or groups provide or improve social and health services; and participating in relevant social action.  The practice of social work requires knowledge of human development and behavior; of social economic and cultural institutions and forces; and of the interaction of all of these factors.  Social work practice includes the teaching of relevant subject matter and of conducting research into problems of human behavior and conflict. Except as otherwise provided in this act the Social Worker's Licensing Act, reference to the “practice of social work” shall be the practice of a person licensed under this act; 

21. 32.  “Private practice of clinical social work” means the practice of clinical social work performed by an individual a licensed clinical social worker (LCSW) who is wholly or in part self‑employed and who assumes responsibility for the nature and quality of the services provided to the client in exchange for direct payment or third-party reimbursement, rather than a salaried employee of an organization or institution;

22. 33.  “Psychotherapy” means the use of treatment methods utilizing a specialized, formal interaction between a clinical social worker and an individual, couple, family, or group in which a therapeutic relationship is established, maintained and sustained to understand unconscious processes, intrapersonal, interpersonal, and psychosocial dynamics, and the diagnosis and treatment of mental, emotional, and behavioral disorders, conditions and addictions; and

23. 34.  “Supervision” means the professional relationship between a board-approved supervisor and a social worker that provides evaluation and direction over the services provided by the social worker and promotes continued development of the social worker’s knowledge, skills and abilities to provide social work services in an ethical and competent manner; and

35.  “Treatment planning” or "treatment plan" means the organized approach of an assessment to guide the course of behavioral health treatment based upon identified needs, problems and issues.

SECTION 2.     AMENDATORY     59 O.S. 2001, Section 1255, as amended by Section 5, Chapter 85, O.S.L. 2003 (59 O.S. Supp. 2010, Section 1255), is amended to read as follows:

Section 1255.  A.  The State Board of Licensed Social Workers shall annually biennially elect from its membership a chair and a vice-chair and such other officers as it deems appropriate and necessary to conduct its business.  The chair shall preside at all meetings of the Board.  Each additional officer elected by the Board shall perform those duties customarily associated with the position and such other duties assigned by the Board.  Officers elected by the Board shall serve terms of one (1) year two (2) years and shall serve no more than three (3) two (2) consecutive full terms in each office to which the Board member is elected.

B.  1.  The Board shall meet at least once every three (3) months to transact its business and may meet at such additional times as the Board may determine.

2.  The Board shall meet in accordance with the Oklahoma Open Meeting Act.

3.  A majority of the members of the Board shall constitute a quorum for the conduct of Board business.  All actions of the Board shall be by a majority of the quorum present.

SECTION 3.     AMENDATORY     59 O.S. 2001, Section 1261.1, as amended by Section 8, Chapter 85, O.S.L. 2003 (59 O.S. Supp. 2010, Section 1261.1), is amended to read as follows:

Section 1261.1  A.  To obtain a license under this act the Social Worker's Licensing Act, an applicant shall:

1.  Submit a written application in a form prescribed by the State Board of Licensed Social Workers;

2.  Have attained the age of majority;

3.  Be of good moral character;

4.  Have graduated and received a degree in social work from an approved social work program;

5.  Have completed any necessary post graduate experience and supervision in the practice of social work; and

6.  Have passed the necessary examination and paid all fees required by the Board; and

7.  Submit to a national criminal history record check, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.  The costs associated with the national criminal history record check shall be paid by the applicant and submitted to the Board at the time of application.  With the required fee, the applicant shall provide to the Board two classifiable sets of fingerprints to be provided to the Oklahoma State Bureau of Investigation.  

B.  If the results of the national criminal history record check required by subsection A of this section reveal that the applicant has been convicted of, or pled guilty or nolo contendere to, any felony, or to any misdemeanor involving moral turpitude, the individual’s application for licensure may be disapproved and no further action shall be taken on the application.

C.  Upon certification by the Board, the Board shall authorize the issuance of social work licenses to persons who qualify as follows:

1.  As a licensed social work associate (LSWA) who has a baccalaureate degree in social work from an accredited institution with a program accredited by or an approved social work program or both and has two (2) years of full-time postgraduate experience in the practice of social work under professional supervision of a person licensed under these provisions, and passed the examination provided for under these provisions or who has a doctoral or master's degree in social work from an institution with a program accredited by the Council of Social Work Education an approved social work program and has passed the examination provided for under these provisions;

2.  As a licensed master’s social worker (LMSW) who has a master’s degree in social work from an accredited institution with a program accredited by or an approved social work program or both and has passed the examination provided for under this act the Social Worker's Licensing Act;

3.  As a licensed social worker (LSW) who has a master's degree in social work from an accredited institution with a program accredited by or an approved social work program or both and has two (2) years of full-time postgraduate experience in the practice of social work under professional supervision of a person licensed under those provisions, and who has passed the examination provided for under the provisions of the Social Worker's Licensing Act; and

4.  As a licensed clinical social worker (LCSW) who has a master’s degree in social work from an accredited institution with a program accredited by or an approved social work program or both and has two (2) years of full-time postgraduate experience in the practice of clinical social work under professional supervision of a person licensed by this act the Social Worker's Licensing Act, and who has passed the examination provided for under this act the Social Worker's Licensing Act; and

5.  As a licensed social worker with administration specialty (LSW-ADM) who has a master’s degree in social work from an accredited institution or an approved social work program or both and has two (2) years of full-time postgraduate experience in the practice of administrative social work under professional supervision of a person licensed by the Social Worker's Licensing Act, and who has passed the examination provided for under the Social Worker's Licensing Act. 

C. D.  No person may engage in the private, independent practice of clinical social work unless he or she that person:

1.  Is licensed under this act the Social Worker's Licensing Act as a licensed clinical social worker (LCSW); and

2.  Has had two (2) years of graduate supervised experience certified by the Board in the method to be offered in private practice and met the requirements set by the Board; and

3.  Continues to meet continuing education requirements set by the Board.

Certification by the Board that such person be licensed to engage in private independent practice shall be noted by an appropriate special designation to be placed on the licensed social worker's license.  The Board shall designate such specialties as it deems proper for special certification.

E.  No person may engage in an independent social work practice unless that person:

1.  Is licensed under the Social Worker's Licensing Act as a licensed clinical social worker (LCSW), licensed social worker with administration specialty (LSW-ADM) or licensed social worker (LSW).  This specifically and intentionally excludes licensed social work associates (LSWA) and licensed masters social workers (LMSW); and

2.  Continues to meet continuing education requirements set by the Board.

F.  Any qualified person who files by February 1, 2012, a sworn statement with the Board stating that the person has met the definition of a qualified person under this section shall, upon approval of the statement by the Board, be entitled to engage in the independent practice of social work without having to meet the two-year postgraduate supervision requirement specified in paragraphs 3, 4 and 5 of subsection C of this section.

G.  As used in this section, “qualified person” means a person who:

1.  Currently holds an active social worker license from the Board; and

2.  Has held a social worker license from the Board continuously during the ten-year period immediately prior to the effective date of the amendment of this section.  

SECTION 4.     AMENDATORY     Section 9, Chapter 85, O.S.L. 2003 (59 O.S. Supp. 2010, Section 1261.1a), is amended to read as follows:

Section 1261.1a  A.  Licensees shall be required to renew their license at such time and in such manner established by the State Board of Licensed Social Workers by rule, including the form of application and payment of the applicable renewal fee.  Under no circumstances shall the renewal period exceed two (2) years.

B.  As a requirement for license renewal, each licensee shall provide evidence satisfactory to the Board that such licensee has annually completed at least sixteen (16) hours of a program of continuing education as prescribed by the Board.

C.  The Board shall also provide procedures by rule to ensure that license renewal candidates maintain the qualifications to practice social work, as set forth in this act.

D.  If a social worker fails to make application to the Board for renewal of a license within a period of ninety (90) days after the expiration of the license, such person must reapply as an initial applicant for licensure and pass the current licensure examination; however, a person who has been licensed under the laws of this state and the license has expired, but who has continually practiced social work in another state under a license issued by the authority of such state, may renew the license upon completion of the continuing education requirements set forth by the Board and payment of the designated fee.

E.  Any licensee who allows their license to expire after January 1, 2012, shall, in addition to any other requirements for reinstatement, be required to submit to a national criminal history record check as defined by Section 150.9 of Title 74 of the Oklahoma Statutes, and pay the fee for the record check.  However, the individual shall be allowed to practice with the expired license pending receipt by the Board of a complete and satisfactory national criminal history record check.  If the Board does not receive two classifiable sets of fingerprints taken by a local, state or federal law enforcement agency or a civilian entity approved by the Oklahoma State Bureau of Investigation and the required fee within thirty (30) days from the date the license was reinstated, the license shall be suspended until receipt by the Board of the sets of fingerprints and the fee for the record check. 

SECTION 5.     AMENDATORY     59 O.S. 2001, Section 1263, as amended by Section 14, Chapter 85, O.S.L. 2003 (59 O.S. Supp. 2010, Section 1263), is amended to read as follows:

Section 1263.  A.  1.  The fee for licensure shall be determined by rules promulgated by the State Board of Licensed Social Workers.  The license shall expire after one (1) year, and the renewal fee for such license shall also be established by may assess such fees as it deems necessary to accomplish the purposes of the Social Worker's Licensing Act.  Fees shall be assessed according to the fee schedule in the rules promulgated by the Board.

2.  The Board shall promulgate rules for reinstatement of lapsed licenses and specialty certifications, and required fees.

3.  The Board shall establish fees for examinations.

B.  There is hereby created in the State Treasury a revolving fund for the State Board of Licensed Social Workers, to be designated the "Licensed Social Workers' Revolving Fund".  The fund shall consist of monies received by the Board under statutory authority and such monies accruing to the credit of the fund may be expended by the Board for the purpose of carrying out the provisions of this act the Social Worker's Licensing Act.  The fund shall be administered in accordance with standard revolving fund procedures.  The Board shall pay into the General Revenue Fund of the state ten percent (10%) of the gross fees so collected and received as provided for in Section 211 of Title 62 of the Oklahoma Statutes.

SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1264.3 of Title 59, unless there is created a duplication in numbering, reads as follows:

Any person who has received a license as a licensed social worker with administration specialty shall have the right to use the title licensed social worker with administration specialty, and the abbreviation LSW-ADM.  No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social worker.

SECTION 7.     AMENDATORY     Section 17, Chapter 85, O.S.L. 2003 (59 O.S. Supp. 2010, Section 1266.1), is amended to read as follows:

Section 1266.1  A.  The State Board of Licensed Social Workers may refuse to issue or renew the license of, or may suspend, revoke, censure, reprimand, restrict or limit the license of, or fine, any person pursuant to the Administrative Procedures Act or the procedures set forth in this act the Social Worker's Licensing Act upon one or more of the following grounds as determined by the Board:

1.  Unprofessional conduct as determined by the Board;

2.  Practicing outside the scope of practice authorized by this act;

3.  Conduct which violates any of the provisions of this act the Social Worker's Licensing Act or rules adopted pursuant to this act the Social Worker's Licensing Act;

4.  Incapacity or impairment that prevents a licensee from engaging in the practice of social work with reasonable skill, competence, and safety to the public;

5.  Conviction of or a plea of guilty or nolo contendere to a felony in a court of competent jurisdiction of any state or federal court of the United States if the acts involved would have constituted a felony under the laws of this state;

6.  Any act involving moral turpitude or gross immorality;

7.  Violations of the laws of this state, or rules pertaining thereto, or of laws, rules and regulations of any other state, or of the federal government pertaining to any aspect of the practice of social work;

8.  Misrepresentation of a material fact by an applicant or licensee in securing or attempting to secure the issuance or renewal of a license, or in statements regarding the applicant or licensee’s skills or the efficiency or value of any treatment provided or to be provided, or using any false, fraudulent, or deceptive statement connected with the practice or social work including, but not limited to, false or misleading advertising;

9.  Fraud by a licensee in connection with the practice of social work including engaging in improper or fraudulent billing practices or violating Medicare and Medicaid laws or state medical assistance laws;

10.  Engaging or aiding and abetting an individual to engage in the practice of social work without a license, or falsely using the title of social worker;

11.  Failing to comply with any stipulation or agreement involving probation or settlement of any disciplinary matter with the Board or with any order entered by the Board;

12.  Being found by the Board to be in violation of any of the provisions of this act the Social Worker's Licensing Act or rules adopted pursuant to this act the Social Worker's Licensing Act;

13.  Conduct which violates the security of any licensure examination materials;

14.  Being the subject of the revocation, suspension, surrender or other disciplinary sanction of a social worker or related license or of other adverse action related to a social worker or related license in another jurisdiction or country including the failure to report such adverse action to the Board; or

15.  Being adjudicated by a court of competent jurisdiction, within or without this state, as incapacitated, mentally incompetent, chemically dependent, mentally ill and dangerous to the public, or a psychopathic personality.

B.  1.  The Board may defer action with regard to an impaired licensee who voluntarily signs an agreement, in a form satisfactory to the Board, agreeing not to practice social work and to enter an approved treatment and monitoring program in accordance with this section; provided, however, that this section shall not apply to a licensee who has been convicted of, pleads guilty to, or enters a plea of nolo contendere to a felonious act prohibited by Oklahoma law or a conviction relating to a controlled substance in a court of law of the United States or any other jurisdiction or a conviction related to sexual misconduct.

2.  A licensee who is physically or mentally impaired due to mental illness or addiction to drugs or alcohol may qualify as an impaired social worker and have disciplinary action deferred and ultimately waived subject to the following conditions:

a.	the Board is satisfied that such action will not endanger the public,

b.	the licensee enters into an agreement with the Board for a treatment and monitoring plan approved by the Board,

c.	the licensee progresses satisfactorily in such treatment and monitoring program, and

d.	the licensee complies with all terms of the agreement and all other applicable terms of this section.

3.  Failure to enter such agreement or to comply with the terms and make satisfactory progress in the treatment and monitoring program shall disqualify the licensee from the provisions of this section and the Board may activate an immediate investigation and disciplinary proceeding.  Upon completion of the rehabilitation program in accordance with the agreement signed by the Board, the licensee may apply for permission to resume the practice of social work upon such conditions as the Board determines necessary.

4.  The Board may require a licensee to enter into an agreement, pursuant to this subsection, which includes, but is not limited to, the following provisions:

a.	the licensee agrees that the license shall be suspended or revoked indefinitely under this section,

b.	the licensee agrees to enroll in a treatment and monitoring program approved by the Board,

c.	the licensee agrees that failure to satisfactorily progress in such treatment and monitoring program shall be reported to the Board by the treating professional who shall be immune from any liability for such reporting made in good faith, and

d.	the licensee consents to the reports of the treating physician or professional of the approved treatment and monitoring program to the Board on the progress of licensee at such intervals as the Board deems necessary.

5.  The ability of an impaired social worker to practice shall only be restored and charges dismissed when the Board is satisfied by the reports it has received from the approved treatment program that the licensee can resume practice without danger to the public.

6.  The impaired licensee shall consent, in accordance with applicable law, to the release of any treatment information to the Board from anyone within the approved treatment program.

7.  The impaired licensee who has enrolled in an approved treatment and monitoring program and entered into an agreement with the Board in accordance with this subsection shall have his or her license suspended or revoked but enforcement of this suspension or revocation shall be stayed by the length of time the licensee remains in the program and makes satisfactory progress, complies with the terms of the agreement, and adheres to any limitations on the practice imposed by the Board to protect the public.  The licensee may petition the Board for reinstatement pursuant to subsection D of this section.  Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment and monitoring program shall disqualify the licensee from the provisions of this section and the Board shall activate an immediate investigation and disciplinary proceedings.

C.  Any social worker who has substantial evidence that a licensee has an active addiction for which the licensee is not receiving treatment under a program approved by the Board pursuant to an agreement entered into under this section, is diverting a controlled substance, or is mentally or physically incompetent to carry out the duties of the license, shall make or cause to be made a report to the Board.  Any person who makes a report pursuant to this section in good faith and without malice shall be immune from any civil or criminal liability arising from such reports.  Failure to provide such a report within a reasonable time from receipt of knowledge may be considered grounds for disciplinary action against the licensee.

D.  Any person whose license to practice social work in this state has been suspended or restricted pursuant to this act the Social Worker's Licensing Act, whether voluntarily or by action of the Board, shall have the right to petition the Board for reinstatement of such license.  Such a petition shall be made in writing and in the form prescribed by the Board.  Upon investigation and hearing, the Board may grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications.  The Board may also require such person to pass an examination or examinations for reentry into the practice of social work.

E.  The Board may issue a cease and desist order to stop an individual from engaging in an unauthorized practice or violating or threatening to violate a statute, rule, or order which the Board has issued or is empowered to enforce.  The cease and desist order must state the reason for its issuance and give notice of the individual’s right to request a hearing under the Administrative Procedures Act.  Nothing herein shall be construed as barring criminal prosecutions for violations of this act the Social Worker's Licensing Act.

F.  All final decisions by the Board shall be subject to judicial review pursuant to the Administrative Procedures Act.

G.  Any individual whose license to practice social work is revoked, suspended, or not renewed shall return such license to the offices of the Board within ten (10) days after notice of such action.

SECTION 8.  This act shall become effective November 1, 2011.

Passed the House of Representatives the 8th day of March, 2011.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 25th day of April, 2011.

	
Presiding Officer of the Senate