H. B. 2948

                        (By Delegates Ashley, O'Neal and Cowles)

                        [By request of the Department of Health and Human Resources]

                        [Introduced February 24, 2015; referred to the

                        Committee on Government Organization.]

A BILL to amend and reenact §30-30-18 of the Code of West Virginia, 1931, as amended, relating to exemptions from the Social Work Licensing requirements of this article.

Be it enacted by the Legislature of West Virginia:

            That §30-30-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 30. SOCIAL WORKERS.

§30-30-18. Exemptions from this article.

            The following persons are exempt from licensure, unless specifically stated in writing by the employer:

            (1) A person employed as the director or administrative head of a social service agency or division, or applicants for such employment; to be licensed;

            (2) Licensed or qualified members of other professions, such as physicians, psychologists, lawyers, counselors, clergy, or educators;

            (3) or the general public Members of other professions not specified in subsection (2) of this section engaged in social work-like activities, from doing social work consistent with their training if they do not hold themselves out to the public by a title or description incorporating the words "licensed social worker" or "licensed clinical social worker" or a variation thereof;

            (4) Employees of the West Virginia Department of Health and Human Resources engaged in social work-like activities from doing social work consistent with their training: Provided, That prior to engaging in these activities, employees demonstrate sufficient standards of qualification, education, training and experience by completing a rigorous training program designed by the Department of Health and Human Resources to ensure the protection of the health, welfare, and safety of the public;

            (3) (5) An employer from performing social work-like activities performed solely for the benefit of employees;

            (4) (6) Activities and services of a student, intern, or resident in social work pursuing a course of study at an accredited university or college or working in a generally recognized training center if the activities and services constitute a part of the supervised course of study; and

            (5) (7) Pending disposition of the application for a license, activities and services by a person who has recently become a resident of this state, has applied for a license within ninety days of taking up residency in this state, and is licensed to perform the activities and services in the state of former residence.

            NOTE: The purpose of this bill is to clarify the exemptions provided by statute for Social Work Licensing.

            Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.