ENGROSSED
Senate Bill No. 416
(By Senator Lucht)
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[Introduced March 19, 1993; referred to the Committee
on Health and Human Resources; and then to the
Committee on Government Organization.]
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A BILL to amend and reenact sections two, three, four, five and
twelve, article thirty, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to further amend said article by adding thereto a new
section, designated section eight-a, all relating to social
workers; providing for the licensure of independent clinical
social workers; defining clinical social work practice;
adding an independent clinical social worker to the board of
social work examiners; reducing the number of certified
social workers on the board from two to one; clarifying
certain fee schedules of the board; requiring the board to
establish standards and requirements for the practice of
social work; requirements for issuance of a license for
independent clinical social work; including independent
clinical social workers in provisions related to privileged
communication; and requiring reporting of certain actions
and behavior of licensees.
Be it enacted by the Legislature of West Virginia:
That sections two, three, four, five and twelve, article
thirty, chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted;
and that said article be further amended by adding thereto a new
section, designated section eight-a, all to read as follows:
ARTICLE 30. SOCIAL WORKERS.
§30-30-2. Definitions.
(a) "Board" means the state board of social work examiners
established by this article.
(b) "Social work" means the profession that provides the
formal knowledge base, theoretical concepts, specific functional
skills and essential social values which are used to implement
society's mandate to provide safe, effective and constructive
social services through the professional activities of helping
individuals, groups or communities enhance or restore their
capacity for social functioning, and preventing or controlling
social problems and altering societal conditions as a means
towards enabling people to attain their maximum potential.
(c) "Social worker" means a person who represents himself or
herself to the public by the title "social worker," and under
this title offers to render or renders services involving the
application of principles, methods and procedures of the
profession of social work to individuals, families, corporations
or the public for financial compensation: Provided, That social
workers as defined by this article, does not mean any person whomay voluntarily serve in an advisory capacity in situations
dealing with social and family matters while not holding himself
or herself out to the public as a social worker.
(d) "Social work practice" means the professional
application of social work values, principles and techniques to
one or more of the following ends: Enhancing the developmental,
problem-solving and coping capacities of people; promoting the
effective and humane operations of systems that provide resources
and services to people; linking people with systems that provide
them with resources, services and opportunities; contributing to
the development and improvement of social policy; engaging in
research related to these ends and principles; and organizations
or agencies engaged in such practice. Such social work
interventions are provided to individuals, families, small
groups, organizations, neighborhoods and communities. The
practice of social work is guided by knowledge of social
resources, social systems, human behavior and social, economic
and cultural institutions and the interaction of all such
factors.
(e) "Clinical social work practice" means the professional
application of social work theory and methods to the diagnosis,
treatment and prevention of psychological dysfunction,
disability, or impairment, including emotional and mental
disorders and developmental disabilities. Clinical social work
practice is based on knowledge of one or more theories of
biological, psychological and social development, normal human
behavior, psychopathology, the causes and effects of physicalillness and disability, unconscious motivation, interpersonal
relationships, family dynamics, environmental stress, social
systems and cultural diversity with particular attention to the
person existing as a combination of biological, psychological,
and social elements in his or her environment. Clinical social
work includes interventions directed to interpersonal
interactions, intrapsychic dynamics and life-support and
management issues. Clinical social work services consist of
assessment, diagnosis, treatment, including psychotherapy and
counseling, client-centered advocacy, consultation and
evaluation. The process of clinical social work is undertaken
within the objectives of the social work profession and the
principles and values of its code of ethics.
§30-30-3. Board of social work examiners.
(a) For the purpose of carrying out the provisions of this
article, there is hereby created a West Virginia board of social
work examiners, consisting of seven members who shall be
appointed by the governor, subject to the following requirements:
(1) No person may be excluded from serving on the board by
reason of race, sex or national origin;
(2) One member shall be an independent clinical social
worker, two members shall be certified social workers, one member
shall be a graduate social worker and two members shall be social
workers. All such members must be licensed under the provisions
of this article in accordance with their respective titles. In
addition, there shall be one member of the board chosen from the
general public: Provided, That those members who are appointed bythe governor to serve as the first board after the effective date
of this article shall be persons eligible for the licensing
required under this article: Provided, however, That the member
from the general public shall never be required to be eligible
for licensing;
(3) The members of the first board to serve after the
effective date of this article shall be appointed within ninety
days thereof;
(4) The term of office for each member of the board shall be
three years: Provided, That one of the members of the first
board to serve after the effective date of this article shall
serve a term of two years, three of them shall serve a term of
three years and the remaining three shall serve a term of four
years; and
(5) The governor shall, whenever there is a vacancy on the
board due to circumstances other than the expiration of the term
of a member, appoint another member with the same qualifications
as the member who has vacated to serve the duration of the
unexpired term.
For the purpose of accepting nominations for the replacement
of a member, the governor shall cause a notice of the vacancy to
be published at least thirty days prior to an announcement of the
replacement member, as a Class I-0 legal advertisement, in
accordance with the provisions of section two, article three,
chapter fifty-nine of this code. The publication area shall be
statewide.
If the governor fails to make appointment in ninety daysafter expiration of any term, the board shall make the necessary
appointment. Each member shall hold office until the expiration
of the term for which such member is appointed and until a
successor shall have been duly appointed and qualified.
(b) Any members of the board may be removed from office for
cause, in accordance with procedures set forth in this code for
the removal of public officials from office.
(c) Members of the board shall receive appropriate
compensation, not to exceed the amount specified for attendance
of similar board meetings as provided elsewhere in this code, for
attending meetings of the board. In addition to such
compensation, each member of the board shall be reimbursed out of
moneys appropriated for such purposes, reasonable expenses and
all sums which he or she necessarily shall expend in the
discharge of his or her duties as a member of the board, not to
exceed the prevailing rate paid to employees of the state:
Provided, That such compensation and such expenses shall not
exceed the amount received by the board from licensing fees and
penalties imposed under subdivision (4), subsection (e) of this
section.
(d) The board shall hold an annual election for the purpose
of electing a chairman, vice chairman and secretary. The
requirements for meetings and management of the board shall be
established in regulations promulgated by the board as required
by this article.
(e) In addition to the duties set forth in other provisions
of this article, the board shall:
(1) Recommend to the Legislature any proposed modifications
to this article;
(2) Report to county prosecutors any suspected violations of
this article: Provided, That no report shall be made until the
board has given the suspected violator ninety days written notice
of the suspected violation and the violator has, within such
ninety-day period, been afforded an opportunity to respond to the
board with respect to the allegation;
(3) Publish an annual report and a roster listing the names
and addresses of all persons who have been licensed in accordance
with the provisions of this article as an independent clinical
social worker, certified social worker, graduate social worker or
social worker;
(4) Establish a fee schedule for the initial examination,
license fee, the annual license renewal, license replacement,
reciprocal license, license classification change, continuing
education provider approval and monitoring, mailing lists and
requests for information and reports; fees for requests for
information and reports shall not be greater than the cost of
personnel, time and supplies incurred by the board and shall not
be applied to the annual report;
(5) Establish standards and requirements for continuing
education. In establishing these requirements the board shall
consult with professional groups and organizations representing
all levels of practice provided for in this article and the board
shall consider recognized staff development programs, continuing
education programs offered by colleges and universities havingsocial work programs approved or accredited by the council on
social work education, and continuing education programs offered
by recognized state and national social work bodies: Provided,
That such standards and requirements for continuing education
shall not be construed to alter or affect in any way the
standards and requirements for licensing as set forth elsewhere
in this article;
(6) Establish standards and requirements for the practice of
social work and the differentiation of qualifications, education,
training, experience, supervision, responsibilities, rights,
duties, and privileges at the independent clinical social worker,
certified social worker, graduate social worker, and social
worker license levels. In establishing these standards and
requirements the board shall consult with professional groups and
organizations representing all levels of practice provided for in
this article. Standards and requirements may include, but are
not limited to, practice standards, practice parameters, quality
indicators, minimal standards of acceptance, advanced training
and certification, and continuing education: Provided, That such
standards and requirements for practice may not be construed to
alter or affect in any way the standards and requirements for
licensing as set forth elsewhere in this article;
(7) Conduct its proceedings in accordance with provisions of
article nine-a, chapter six of this code; and
(8) Employ, direct and define the duties of an
administrative clerical support staff person.
After having conducted a performance and fiscal auditthrough its joint committee on government operations, pursuant to
section nine, article ten, chapter four of this code, the
Legislature hereby finds and declares that the board of social
work examiners be continued and reestablished. Accordingly,
notwithstanding the provisions of section four of said article,
the social work board of examiners shall continue to exist until
the first day of July, one thousand nine hundred ninety-five.
§30-30-4. License required; penalties; exceptions.
(a) After twenty-four months have passed from the effective
date of this article, no person may represent that he or she is
a social worker by using such titles as independent clinical
social worker, certified social worker, graduate social worker,
social worker or any other title that includes a facsimile of
such words unless he or she is duly licensed under the provisions
of this article or specifically exempted hereunder; nor may any
person represent himself or herself to be a certified social
worker, graduate social worker or other type of social worker by
adding the letters ICSW, CSW, GSW, SW or any other letters, words
or insignia which induce or tend to induce the belief that the
person is qualified to engage in the practice of social work
unless the person is licensed in accordance with the provisions
of this article.
(b) After twenty-four months have passed from the effective
date of this article, no person may engage in the private,
independent practice of social work unless he or she is already
licensed under this article.
(c) Any person violating the provisions of subsection (a) or(b) of this section is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not more than five hundred
dollars, or imprisoned in the county jail for a term not to
exceed one year, or both fined and imprisoned.
(d) Nothing in this article shall be construed to prevent
duly licensed physicians, surgeons, psychologists, attorneys,
members of the clergy or any other professional from working
within the standards and ethics of their respective professions
and fulfilling their professional responsibilities: Provided,
That no such professional may represent to the public, either by
title or training, that he or she is engaged in the practice of
social work: Provided, however, That any student enrolled in a
recognized program of study leading to a social work degree may
practice only under the supervision of a social worker duly
licensed in accordance with the provisions of this article.
Nothing in this article shall be construed to prevent any person
from volunteering his or her services in a manner as defined in
subsection (c), section two of this article.
§30-30-5. License classification; qualification.
The board shall issue a license as an independent clinical
social worker, certified social worker, graduate social worker or
social worker.
(a) The board shall issue a license as an independent
clinical social worker to an applicant who:
(1) Has a doctorate or master's degree from a school of
social work accredited by the council on social work education
that included a concentration of clinically oriented course workas defined by the board; and
(2) Has completed a supervised clinical field placement at
the graduate level, or post-master's clinical training that is
found by the board to be equivalent;
(3) Has practiced clinical social work for at least two
years in full-time employment, or three thousand hours under the
supervision of an independent clinical social worker, or clinical
supervision that is found by the board to be equivalent; and
(4) Has passed an examination approved by the board for
certification purposes; or
(5) Has received certification as a "diplomat in clinical
social work" by the national association of social workers, or as
a "board certified diplomat in clinical social work" by the
American board of examiners in clinical social work; and
(6) Has satisfied the board that he or she merits the public
trust by providing the board with three letters of recommendation
from persons not related to the applicant and a sworn statement
from the applicant indicating he or she has never been convicted
of a felony involving moral turpitude.
(b) The board shall issue a license as a certified social
worker to an applicant who:
(1) Has a doctorate or master's degree from a school of
social work accredited by the council on social work education;
(2) Has completed a minimum of two years experience in the
practice of social work after having received a master's degree
in social work;
(3) Has received certification by the academy of certifiedsocial workers or has passed an examination approved by the board
for certification purposes;
(4) Has satisfied the board that he or she merits the public
trust by providing the board with three letters of recommendation
from persons not related to the applicant and a sworn statement
from the applicant indicating he or she has never been convicted
of a felony involving moral turpitude; and
(5) In lieu of the foregoing requirements, any person who
has been continuously employed for seven years as a social worker
under the supervision of any certified social worker; has
satisfactorily completed fifty-six hours of graduate social work
study as accredited by the council on social work education; has
passed an examination approved by the board for certification
purposes; and has satisfied the board that he or she merits the
public trust by providing the board with three letters of
recommendation from persons not related to the applicant and a
sworn statement from the applicant indicating that he or she has
never been convicted of a felony involving moral turpitude, may
be licensed by the board as a certified social worker: Provided,
That the board may exempt any applicant for licensing from
specific hours of social work curriculum where the applicant has
demonstrated to the satisfaction of the board a proficient
knowledge of the subject matter contained in the particular
course of social work curriculum to be exempted.
(c) The board shall issue a license as a graduate social
worker to an applicant who:
(1) Has a master's degree in social work from a school ofsocial work accredited by the council on social work education;
(2) Has passed an examination approved by the board;
(3) Has satisfied the board that he or she merits the public
trust by providing the board with three letters of recommendation
from persons not related to the applicant and a sworn statement
from the applicant indicating he or she has never been convicted
of a felony involving moral turpitude; and
(4) In lieu of the foregoing requirements, any person who
has been continuously employed for five years as an apprentice
social worker under the supervision of any certified social
worker; has satisfactorily completed forty-five graduate hours of
social work study as accredited by the council on social work
education; has passed an examination approved by the board; and
has satisfied the board that he or she merits the public trust by
providing the board with three letters of recommendation from
persons not related to the applicant and a sworn statement from
the applicant indicating he or she has never been convicted of a
felony involving moral turpitude, may be licensed by the board as
a graduate social worker: Provided, That the board may exempt
any applicant for licensing from specific hours of social work
curriculum where the applicant has demonstrated to the
satisfaction of the board a proficient knowledge of the subject
matter contained in the particular course of social work
curriculum to be exempted.
(d) The board shall issue a license as a social worker to an
applicant who:
(1) Has a baccalaureate degree in social work from a programaccredited by the council on social work education;
(2) Has passed an examination approved by the board;
(3) Has satisfied the board that he or she merits the public
trust by providing the board with three letters of recommendation
by persons not related to the applicant and a sworn statement
from the applicant indicating he or she has never been convicted
of a felony involving moral turpitude; and
(4) In lieu of the foregoing requirements, any person who
has been continuously employed for four years as a social worker
under the supervision of any certified social worker; has
satisfactorily completed thirty-six hours of social work study as
accredited by the council on social work education; has passed an
examination approved by the board; and has satisfied the board
that he or she merits the public trust by providing the board
with three letters of recommendation from persons not related to
the applicant and a sworn statement from the applicant indicating
he or she has never been convicted of a felony involving moral
turpitude, may be licensed by the board as a social worker:
Provided, That the board may exempt any applicant for licensing
from specific hours of social work curriculum where the applicant
has demonstrated to the satisfaction of the board a proficient
knowledge of the subject matter contained in the particular
course of social work curriculum to be exempted.
§30-30-8a. Reporting unethical conduct and unlicensed practice.
A person who has knowledge of any conduct constituting
grounds for disciplinary action relating to licensure or the
unlicensed practice of the profession of social work under thisarticle may report the violation to the board.
Institutions, professional societies, licensed
professionals, insurers authorized to sell insurance within this
state, and courts in this state shall report to the board any of
the following actions taken by the agency, institution,
organization, professional society, insurer, court administrator,
judge or other court of competent jurisdiction:
(a) Revocation, suspension, restriction or other condition
a licensee's privilege to practice or treat patients or clients,
or as part of the organization, or any other disciplinary action
for conduct that might constitute grounds for disciplinary
action;
(b) Termination, revocation, or suspension of membership or
any other disciplinary action taken against a licensee;
(c) Conduct that the licensed health professional reasonably
believes constitutes grounds for disciplinary action under this
chapter by any licensee, including conduct that the licensee may
be medically incompetent, or may be medically or physically
unable to engage safely in the provision of services;
(d) Malpractice settlements or awards made by an insurer to
a plaintiff where the settlement or award involved a licensee or
unlicensed practitioner claiming to be a social worker; and
(e) Judgments or other determinations of the court that
adjudges or includes a finding that a licensee is mentally ill,
mentally incompetent, guilty of a felony, guilty of a violation
of federal or state narcotics laws or controlled substances acts,
or guilty of an abuse or fraud under Medicare or Medicaid, orthat appoints a guardian of the licensee, or commits a licensee
to involuntary treatment, probation or prison.
Any person, official, society, licensed professional,
insurer or institution participating in good faith in any act
permitted or required by this section is immune from any civil or
criminal liability that otherwise might result by reason of the
action or actions.
§30-30-12. Privileged communications.
(a) No person licensed under this statute or an employee of
the licensee may disclose any confidential information he or she
may have acquired from persons consulting him or her in his or
her professional capacity except:
(1) With the written consent of the person or persons, or in
the case of death or disability, of his or her personal
representative, other person authorized to sue or the beneficiary
of an insurance policy on his or her life, health or physical
condition;
(2) When a communication reveals the contemplation of a
crime or harmful act;
(3) When the person waives the privilege by initiating
formal charges against the independent clinical social worker,
certified social worker, graduate social worker or social worker;
(4) When the person is a minor under the laws of this state
and the information acquired by the independent clinical social
worker, certified social worker, graduate social worker or social
worker indicates that the minor has been the victim or subject of
a crime, and the independent clinical social worker, certifiedsocial worker, graduate social worker or social worker may be
required to testify fully in any examination, trial or other
proceeding in which the commission of a crime is the subject of
inquiry; or
(5) Where otherwise required by law.
(b) Nothing in this section shall be construed, however, to
prohibit any board licensee from testifying in juvenile
proceedings concerning matters of adoption, child abuse, child
neglect or other matters pertaining to the welfare of children.