Senate Bill No. 416
(By Senators Bowman, Bailey, Ball, Jackson,
Kessler, Plymale, White, Buckalew and Minear)
__________
[Originating in the Committee on Government Organization;
reported February 5, 1998.]
__________
A BILL to amend and reenact section three, article thirty, chapter
thirty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to continuing the board of
social work examiners.
Be it enacted by the Legislature of West Virginia:
That section three, article thirty, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 30. SOCIAL WORKERS.
§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 by the
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 days after
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) The board shall pay each member the same compensation as
is paid to members of the Legislature for their interim duties as
recommended by the citizens legislative compensation commission and
authorized by law for each day or portion thereof engaged in the
discharge of official duties and shall reimburse each member for
actual and necessary expenses incurred in the discharge of official
duties: 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 by legislative rule, pursuant to
the provisions of chapter twenty-nine-a of this code, which
schedule may include fees for the initial examination, license fee, 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 by legislative rule,
pursuant to the provisions of chapter twenty-nine-a of this code,
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
having social 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 administrative
clerical support staff.
After having conducted a preliminary performance review
through its joint committee on government operations, pursuant to
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 said article, the board of social work examiners
shall continue to exist until the first day of July, one thousand
nine hundred ninety eight ninety-nine.
__________
(NOTE: The purpose of this bill is to continue the board of
social work examiners until July 1, 1999, pursuant to the provisions of the West Virginia Sunset Law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill is recommended by the Joint Committee on Government
Operations for passage during the 1998 Regular Session of the
Legislature.)