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H0406........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
SOCIAL WORK - LICENSURE - Amends existing law relating to social workers to
revise the composition and powers of the Board of Social Work Examiners; to
set forth qualifications for endorsement applicants; and to exempt certain
communications from nondisclosure requirements.
01/07 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 52-5-13
AYES -- Aikele, Bedke, Bell, Block, Boe, Bolz, Bradford, Bruneel,
Campbell, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth,
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
Langford, Loertscher, Martinez, Meyer, Montgomery, Mortensen, Pearce,
Pomeroy, Raybould, Roberts, Robison, Sali, Shepherd, Smith(33),
Smith(23), Smylie, Stone, Tilman, Trail, Wheeler, Young
NAYS -- Barrett, Crow, McKague, Ridinger, Wood
Absent and excused -- Barraclough, Bieter, Black, Callister,
Eskridge, Field(13), Mader, Moyle, Pischner, Schaefer, Sellman,
Stevenson, Mr. Speaker
Floor Sponsor - Bradford
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Health/Wel
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 25-6-4
AYES -- Andreason, Branch(Bartlett), Brandt, Bunderson, Burtenshaw,
Darrington, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Wheeler, Williams
NAYS -- Boatright, Davis, Frasure, Geddes, Hawkins, Thorne
Absent and excused -- Cameron, Deide, Dunklin, Stennett
Floor Sponsor - King-Barrutia
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/19 Governor signed
Session Law Chapter 85
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 406 BY MR. SPEAKER Requested: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO THE SOCIAL WORK LICENSING ACT; AMENDING SECTION 54-3202, IDAHO 3 CODE, TO FURTHER DEFINE TERMS; AMENDING SECTION 54-3203, IDAHO CODE, TO 4 REVISE THE COMPOSITION OF THE BOARD AND TO REVISE THE TERMS, QUALIFICA- 5 TIONS AND CHAIRMANSHIP OF THE BOARD; AMENDING SECTION 54-3204, IDAHO CODE, 6 TO PROVIDE CORRECT TERMINOLOGY AND TO REVISE THE POWERS AND DUTIES OF THE 7 BOARD; AMENDING SECTION 54-3207, IDAHO CODE, TO REMOVE LANGUAGE RESTRICT- 8 ING THE PRACTICE OF PRIVATE OR INDEPENDENT PRACTICE SOCIAL WORK TO CERTAIN 9 PERSONS AND TO DEFINE TERMS; AMENDING SECTION 54-3208, IDAHO CODE, TO 10 REMOVE LANGUAGE PROVIDING FOR EXEMPTIONS FROM EXAMINATION REQUIREMENTS AND 11 TO SET FORTH QUALIFICATIONS FOR APPLICANTS FOR ENDORSEMENT; AMENDING SEC- 12 TION 54-3209, IDAHO CODE, TO PROVIDE THAT LICENSE FEES SHALL BE PAID TO 13 THE BUREAU OF OCCUPATIONAL LICENSES; AMENDING SECTION 54-3210, IDAHO CODE, 14 TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-3211, IDAHO CODE, TO 15 PROVIDE THAT THE DEPARTMENT MAY REFUSE TO ISSUE LICENSES FOR UNPROFES- 16 SIONAL CONDUCT, TO FURTHER DEFINE "UNPROFESSIONAL CONDUCT" AND TO PROVIDE 17 CORRECT TERMINOLOGY; AMENDING SECTION 54-3212, IDAHO CODE, TO PROVIDE THAT 18 THE BOARD SHALL HAVE THE POWER TO REFUSE TO ISSUE OR RENEW CERTAIN 19 LICENSES, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORREC- 20 TION; AMENDING SECTION 54-3213, IDAHO CODE, TO EXEMPT CERTAIN COMMUNICA- 21 TIONS FROM NONDISCLOSURE REQUIREMENTS AND TO PROVIDE CORRECT TERMINOLOGY; 22 AMENDING SECTION 54-3214, IDAHO CODE, TO REVISE REQUIREMENTS FOR LICENSURE 23 AND TO FURTHER RESTRICT THE USE OF TITLES AND DESIGNATIONS; AND AMENDING 24 SECTION 54-3215, IDAHO CODE, TO REVISE EXEMPTIONS. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Section 54-3202, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-3202. DEFINITIONS. As used in this chapter, the terms defined in this 29 section shall have the following meaning, unless the context clearly indicates 30 another meaning. 31 (1) "Board" means the state board of social work examiners hereinafter 32 provided in this chapter. 33 (2) "Social work" is defined as the professional activity of helping 34 individuals, groups,orfamilies and communities enhance or restore their 35 capacity for social functioning and creating societal conditions favorable to 36 this goal. Social work practice consists of the professional application of 37 social work values, principles, and techniques. The practice of social work 38 requires knowledge of human development and behavior of social, economic and 39 cultural institutions and of the interaction of all these factors. 40 (3) "Clinical social worker" means an individual who has a master's 41 degree or doctorate in social work and two (2) years of postgraduate super- 42 vised clinical experience approved by the board and who is licensed under this 43 chapter and may be designated as a licensed clinical social worker (LCSW). 2 1 (4) "CertifiedMasters social worker" means an individual who has a doc- 2 torate or master's degree in social work from a college or university approved 3 by the board and is licensed under this chapter and may be designated as a 4 licensed masters social worker (LMSW). 5 (45) "Social worker" means an individual who has a baccalaureate degree 6 in social work or related fields from a college or university approved by the 7 board and is licensed under this chapter and may be designated as a licensed 8 social worker (LSW). 9 SECTION 2. That Section 54-3203, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-3203. STATE BOARD OF SOCIAL WORK EXAMINERS -- CREATED -- APPOINTMENTS 12 -- TERMS. (1) A state board of social work examiners is hereby created and 13 made a part of the department of self-governing agencies. It shall be the duty 14 of the board to administer the provisions of thisactchapter pursuant to the 15 provisions of chapters 26 and 52, title 67, Idaho Code. The board shall con- 16 sist of five (5) members, three (3) of which shall becertifiedmasters social 17 workers, and two (2) of which shall be social workers. Board members shall be 18 appointed by the governor after reviewing and considering a list of three (3) 19 nominees for each position to be filled, submitted to him by theexecutive20boardjoint committee of the Idaho chapter of the National Association of 21 Social Workers and the Idaho Society for Clinical Social Work.The board shall22be appointed within thirty (30) days after the effective date of this act for23terms beginning on the effective date of this act, and shall serve the follow-24ing terms commencing upon appointment: one (1) shall be appointed for a term25of one (1) year; one (1) for a term of two (2) years; one (1) for a term of26three (3) years; one (1) for a term of four (4) years; and one (1) for a term27of five (5) years. Thereafter aAll terms shall be for a period of five (5) 28 years. Whenever a vacancy occurs, the governor shall appoint a qualified per- 29 son to fill the vacancy for the unexpired term after reviewing and considering 30 a list of three (3) nominees supplied by theexecutive boardjoint committee 31 of the Idaho chapter of the National Association of Social Workers and the 32 Idaho Society for Clinical Social Work. 33 (2)All members of the board shall be citizens of the United States, res-34idents of the state of Idaho, and shall be eligible for licensing as provided35by this actEach social work member of the board shall: 36 (a) Be a resident of this state; 37 (b) Be currently licensed and in good standing to engage in the practice 38 of social work in this state; 39 (c) At the time of appointment, have been actively engaged in the prac- 40 tice of social work for at least one (1) out of the last five (5) years; 41 and 42 (d) Have at least three (3) years of experience in the practice of social 43 work. 44 (3)The members of the board shall, at their first regular meeting fol-45lowing the effective date of this act and every two (2) years thereafter,46elect by a majority vote of the members of the board, a chairman who shall47preside at meetings of the boardEach fiscal year, the chairmanship will 48 rotate to the person who is in the fourth year of their five (5) year term. 49 The chairman shall preside at all meetings of the board. If this person is 50 unable to serve, an election by a majority vote of the board shall determine 51 the person who will serve as chair for that fiscal year. In the event the 52 chairman is not present at any board meeting, the board may by majority vote 53 of the members present appoint a temporary chairman. A majority of the members 3 1 of the board shall constitute a quorum. 2 (4) Each member of the board shall be compensated as provided by section 3 59-509(b), Idaho Code. 4 SECTION 3. That Section 54-3204, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 54-3204. BOARD -- POWERS AND DUTIES. The board shall have the following 7 powers and duties: 8 (1) Adopt and amend rules to administer and carry out the provisions of 9 thisactchapter and for the conduct of its affairs, provided that such rules 10 shall be promulgated in accordance with the provisions of chapters 26 and 52, 11 title 67, Idaho Code; 12 (2)Annually publishMaintain a list of the names and addresses of all 13 persons licensed under this act; 14 (3) At its discretion, contract with the bureau of occupational licenses 15 forsuch clerical and administrative help asthose services deemed necessary 16 for the proper administration of thisactchapter; 17 (4) To prescribe by rule the minimum amount and kind of continuing educa- 18 tion to be required of each social worker seeking to renew a license in the 19 state of Idaho; 20 (5) To take such action as may be necessary to enforce the provisions of 21 this chapter and to regulate the practice of social work. 22 SECTION 4. That Section 54-3207, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 54-3207. PRIVATEANDOR INDEPENDENT PRACTICE OF SOCIAL WORK.On and after25July 1, 1976, no person shall engage in the private and independent practice26of social work unless he is licensed under this act as a certified social27worker and has had two (2) years of postgraduate experience under appropriate28supervision as determined by the board in review of the applicant's qualifica-29tion(1) The private practice of social work is defined as that independent 30 practice in which an individual is responsible for the contractual conditions 31 of payment with clients, agencies and institutions. 32 (2) The independent practice of social work is defined as that practice 33 in which an individual who, wholly or in part, practices social work autono- 34 mously with total responsibility for such independent practice. 35 SECTION 5. That Section 54-3208, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 54-3208.EXEMPTIONS FROM EXAMINATION REQUIREMENTSENDORSEMENT.(1) Any38person who is, or is eligible to be, a member of the academy of certified39social workers of the National Association of Social Workers shall be consid-40ered by the board as meeting the requirements for a licensed certified social41worker. This provision shall be effective until one (1) year after the effec-42tive date of this act. Thereafter, all applicants for a license must meet the43licensing requirements of this act.44(2) An applicant shall be exempted from the requirement for any examina-45tion provided for herein and academic qualifications required herein if he46satisfies the board that he is and has been actually engaged for at least two47(2) years in the practice of social work or equivalent training and has48acquired knowledge equivalent to what would be required to pass the board's49examination. Such application for exemption and licensing must be made within4 1two (2) years of the effective date of this act, and during those two (2)2years any person may practice social work under the supervision of a licensed3social worker.4(3)An applicantshall be exempted totally from the requirement for any5examination provided herein if:6(a) He satisfied the board that he is licensed or registered under the7laws offor endorsement shall hold a current unrestricted license in 8 another state or territorythat imposes substantially the same require-9ments as provided by this act; or10(b) He has taken and passed an examination similar to that for which11exemption is soughtand shall meet those requirements as provided by board 12 rule. 13 SECTION 6. That Section 54-3209, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 54-3209. FEES -- LICENSING -- DURATION OF LICENSES. Each person licensed 16 to practice social work shall pay to thetreasurer of the state of Idaho17 bureau of occupational licenses a license fee, not to exceed seventy-five dol- 18 lars ($75.00) as determined by the board, on July 1 of each year for the fol- 19 lowing fiscal year. Licenses shall expire on the last day of the month of June 20 following their issuance and shall become invalid after that date. Renewal may 21 be effected in accordance with the requirements of section 67-2614, Idaho 22 Code. 23 SECTION 7. That Section 54-3210, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 54-3210. CODE OFETHICSPROFESSIONAL CONDUCT. The board shall prepare and 26 adopt a code ofethicsprofessional conduct and may revise and amend such code 27 from time to time. Preparation, revision, amendment and distribution of said 28 code ofethicsprofessional conduct shall be pursuant to the provisions of 29 chapters 26 and 52, title 67, Idaho Code. 30 SECTION 8. That Section 54-3211, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 54-3211. REFUSAL TO ISSUE, REFUSAL TO RENEW, SUSPENSION OR REVOCATION OF 33 LICENSE -- UNPROFESSIONAL CONDUCT. The board may refuse to issue, refuse to 34 renew, may suspend, or may revoke any license issued under thisactchapter, 35 or take other disciplinary action, upon proof, after a hearing, that the per- 36 son has engaged in "unprofessional conduct." The words "unprofessional con- 37 duct" as relating to persons licensed under thisactchapter are defined to 38 include but are not limited to: 39 (1) Conviction of a felony, or of any offense involving moral turpitude. 40 (2) Habitual drunkenness or addiction to habit-forming drugs, either of 41 which impair the ability to perform his work without danger to himself or the 42 public he serves. 43 (3)Conviction of fFraud or deceit in connection with services rendered 44 as acertified social worker orsocial worker, masters social worker or clini- 45 cal social worker or in establishing qualifications for licensure under this 46actchapter. 47 (4) Aiding or abetting any person not licensed under thisact or a person48representing himself as licensedchapter in the practice of social work in the 49 state of Idaho. 5 1 (5) Failing to be licensed or continuing to represent himself as licensed 2 after the expiration of his license. 3 (6) Being found guilty of unprofessional conduct by the rules established 4 by the board. 5 (7) Failing to comply with any of the provisions of this chapter. 6 SECTION 9. That Section 54-3212, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-3212. REVOCATION OR SUSPENSION OF LICENSES -- HEARINGS -- TAKING TES- 9 TIMONY -- APPEAL. The board shall have the power to refuse to issue, refuse to 10 renew, revoke or suspend any license if the same was obtained through error or 11 fraud, or if the holder thereof is shown to be incompetent, or haswilfully12 willfully violated any of the rulesor regulationsprescribed by the board, or 13 as prescribed by thisactchapter, provided, before any license shall be 14 revoked or suspended, the holder thereof shall have written notice enumerating 15 the charges against him and a hearing by an officer, appointed by the board or 16 the chief of the bureau of occupational licenses, shall be held after notice 17 has been served on the licensee. Provisions of chapter 52, title 67, Idaho 18 Code, shall apply to all cases of revocation or suspension of licenses. 19 The chief of the bureau of occupational licenses shall have the power to 20 appoint, by an order in writing, any competent person to take testimony, who 21 shall have power to administer oaths, issue subpoenas and compel the atten- 22 dance of witnesses, and the decision of the board shall be based on examina- 23 tion of the testimony taken and the records produced. Any person whose license 24 has been revoked may, after the expiration of two (2) years from the date of 25 such revocation, but not before, apply for a new license. 26 SECTION 10. That Section 54-3213, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-3213. PRIVILEGED COMMUNICATIONS. No person licensed under the provi- 29 sions of thisactchapter shall disclose any information he may have acquired 30 from persons consulting him in his professional capacity that was necessary to 31 enable him to render services in his professional capacity to those persons, 32 except: 33 (1) With the written consent of that person or, in the case of death or 34 disability, of his own personal representative, other person authorized to 35 sue, or the beneficiary of an insurance policy on his life, health or physical 36 condition; 37 (2) That a person licensed under the provisions of thisactchapter shall 38 not be required to treat as confidential communication that reveals the con- 39 templation or execution of a crime or harmful act; 40 (3) When the person is a minor under the laws of this state, and the 41 information acquired by the licensee indicates that the minor was the victim 42 or subject of a crime, the licensee may testify fully in relation thereto upon 43 any examination, trial, or other proceeding in which the commission of such a 44 crime is the subject of the inquiry; 45 (4) When the person waives the privilege by bringing charges against the 46 licensee; 47 (5) Communications between any member of an evaluation committee and a 48 respondent as prescribed by section 66-406(9), Idaho Code. 49 SECTION 11. That Section 54-3214, Idaho Code, be, and the same is hereby 50 amended to read as follows: 6 1 54-3214. LICENSE REQUIRED -- REPRESENTATION TO PUBLIC. (1) No person may 2 engage in the practice of social work unless he is licensed under thisact3 chapter, or is a student under the supervision of a person who is licensed 4 under thisact, or is a noncompensated volunteer providing services related to5social work practice and is under the supervision of a licensed social worker6 chapter. 7 (2)On and after the effective date of this act, nNo person shall be rep- 8 resented as a social worker by the use of titles "social worker," 9 "certifiedmasters social worker," "clinical social worker," "social case- 10 worker," "social service worker," "social service director" or any other title 11 or similar designation that includes such words, or by adding the letters 12 "LCSW," "SW," "RLSW,""SSW"or "LMSWA" unless licensed under the provisions of 13 thisactchapter. 14 (3) Nothing within this chapter shall be construed to prevent any person 15 from doing work within the standards and ethics of their respective profes- 16 sions or calling provided they do not hold themselves out to the public by 17 title or description of service as being engaged in social work practice. 18 SECTION 12. That Section 54-3215, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-3215. EXEMPTIONS.Nothing within this act shall be construed to pre-21vent any person from doing work within the standards and ethics of their22respective professions or calling provided they do not hold themselves out to23the public by title or description of service as being engaged in social work24practice.Students enrolled in a recognized programof social workleading to 25 a degree in social work may practice only under the direct supervision of a 26certified social worker orsocial workerlicensed under this actof the licen- 27 sure status necessary to provide the appropriate level of supervision as pro- 28 vided by board rule. Thisactchapter shall not apply to any employee of any 29 facility licensed under section 39-1301(b), Idaho Code, or section 39-1301(c), 30 Idaho Code, who is designated in writing to be responsible for that facility's 31 social services program and who receives regular consultation from a qualified 32 social worker.
STATEMENT OF PURPOSE
RS 11446C1
54-3202 - Clarify that social work practice includes help ing families;
clarify the definition of social worker as someone licensed; change
certified social worker to masters social worker and clarify as
someone licensed; provide a definition for a clinical social worker.
These changes will be more compatible with nationally recognized terms
and definitions. 54-3203 - Add experience requirements for Board
members; delete obsolete language; provide for the orderly rotation of
board chairmanship. 54-3204 - Clarify Board powers to enforce the act
and regulate practice. 54-3207 - Move Independent Practice to its own
section and provide for qualifications by rule. 54-3208 - Delete
obsolete exemptions; clarify endorsement requirements. 54-3209 -
Increase the fee cap allowing Board to increase fees by rule, and
maintain a positive fund balance. 54-3210- Change code of ethics to
code of professional conduct to conform with nationally accepted term.
54-3211 & 3212 - Allow the Board not to issue a license; allow action
upon a Board finding of fraud or deceit rather than a conviction,
which is a criminal term, rather than administrative; allow board
action for failing to comply with the provisions of the act. 54-3213-
Exempt examiners communications with the mentally ill in proceedings
for involuntary care from being privileged, per 66-406(9), Idaho Code.
54-3214 - Delete exemption for noncompensated volunteer practice, as
the issue of compensation is not relevant to the protection of the
public's health, safety or welfare; add social service director and
MSW to designations requiring licensure, such terms if used by
unlicensed persons would be misleading to the public. 54-3215 -
Clarify the exemption for students seeking a degree in social work.
54-3215 - Delete expired exemption.
FISCAL NOTE
There is no fiscal impact on general funds or dedicated funds.
Contact: Budd Hetrick, Jr.
Agency: Occupational License, Bureau
Phone: 334-3233
STATEMENT OF PURPOSE/FISCAL NOTE H0406