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Text: HF00223                           Text: HF00225
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 224

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 147.2, Code 1995, is amended to read as
  1  2 follows:
  1  3    147.2  LICENSE REQUIRED.
  1  4    A person shall not engage in the practice of medicine and
  1  5 surgery, podiatry, osteopathy, osteopathic medicine and
  1  6 surgery, psychology, chiropractic, physical therapy, nursing,
  1  7 dentistry, dental hygiene, optometry, speech pathology,
  1  8 audiology, occupational therapy, pharmacy, cosmetology,
  1  9 barbering, social work, dietetics, or mortuary science or
  1 10 shall not practice as a physician assistant as defined in the
  1 11 following chapters of this subtitle, unless the person has
  1 12 obtained from the department a license for that purpose.
  1 13    Sec. 2.  Section 147.14, subsection 1, Code 1995, is
  1 14 amended to read as follows:
  1 15    1.  For podiatry, barbering, and mortuary science, and
  1 16 social work, three members each, licensed to practice the
  1 17 profession for which the board conducts examinations, and two
  1 18 members who are not licensed to practice the profession for
  1 19 which the board conducts examinations and who shall represent
  1 20 the general public.  A quorum shall consist of a majority of
  1 21 the members of the board.
  1 22    Sec. 3.  Section 147.14, Code 1995, is amended by adding
  1 23 the following new subsection:
  1 24    NEW SUBSECTION.  15.  For social work examiners, a total of
  1 25 seven members, five who are licensed to practice social work,
  1 26 with at least one from each of three levels of licensure
  1 27 described in section 154C.3, subsection 1, two employed by a
  1 28 licensee under chapter 237, and two who are not licensed
  1 29 social workers and who shall represent the general public.
  1 30    Sec. 4.  Section 147.74, subsection 12, Code 1995, is
  1 31 amended by striking the subsection and inserting in lieu
  1 32 thereof the following:
  1 33    12.  A bachelor social worker licensed under chapter 154C
  1 34 may use the words "licensed bachelor social worker" or the
  1 35 letters "L.B.S.W." after the person's name.  A master social
  2  1 worker licensed under chapter 154C may use the words "licensed
  2  2 master social worker" or the letters "L.M.S.W." after the
  2  3 person's name.  An independent social worker licensed under
  2  4 chapter 154C may use the words "licensed independent social
  2  5 worker", or the letters "L.I.S.W." after the person's name.
  2  6    Sec. 5.  Section 154C.1, Code 1995, is amended to read as
  2  7 follows:
  2  8    154C.1  DEFINITIONS.
  2  9    As used in this chapter unless the context otherwise
  2 10 requires:
  2 11    1.  "Board" means the board of social work examiners
  2 12 established in chapter 147.
  2 13    2.  "Licensed social worker" or "licensee" "Licensee" means
  2 14 a person licensed to practice social work.
  2 15    3.  "Practice of licensed social work" means the
  2 16 professional activity of licensed social workers licensees
  2 17 which is directed at enhancing, protecting, or restoring
  2 18 people's capacity for social functioning, whether impaired by
  2 19 environmental, emotional, or physical factors, with particular
  2 20 attention to the person-in-situation configuration.  The
  2 21 social work profession represents a body of knowledge
  2 22 requiring progressively more sophisticated analytic and
  2 23 intervention skills, and includes the application of social
  2 24 work psychosocial theory methods and values in evaluating
  2 25 personal and family problems and relationships, assisting
  2 26 persons and families with adjustment problems and reaching
  2 27 appropriate decisions about their lives, and counseling
  2 28 emotionally distressed individuals and families to
  2 29 individuals, couples, families, groups, and communities.  The
  2 30 practice of social work does not include the making of a
  2 31 medical diagnosis, or the treatment of conditions or disorders
  2 32 of biological etiology except treatment of conditions or
  2 33 disorders which involve psychosocial aspects and conditions.
  2 34 The practice of social work for each of the categories of
  2 35 social work licensure includes the following:
  3  1    a.  Bachelor social workers provide psychosocial assessment
  3  2 and intervention through direct contact with clients or
  3  3 referral of clients to other qualified resources for
  3  4 assistance, including but not limited to performance of social
  3  5 histories, problem identification, establishment of goals and
  3  6 monitoring of progress, interviewing techniques, counseling,
  3  7 social work administration, supervision, evaluation,
  3  8 interdisciplinary consultation and collaboration, and research
  3  9 of service delivery including development and implementation
  3 10 of organizational policies and procedures in program
  3 11 management.  Bachelor social workers may provide psychosocial
  3 12 therapy to individuals, couples, families, and groups only
  3 13 under direct supervision of a master social worker or
  3 14 independent social worker.
  3 15    b.  Master social workers are qualified to perform the
  3 16 practice of bachelor social workers and provide psychosocial
  3 17 assessment, diagnosis, and treatment, including but not
  3 18 limited to performance of psychosocial histories, problem
  3 19 identification and evaluation of symptoms and behavior,
  3 20 assessment of psychosocial and behavioral strengths and
  3 21 weaknesses, effects of the environment on behavior,
  3 22 psychosocial therapy with individuals, couples, families, and
  3 23 groups, establishment of treatment goals and monitoring
  3 24 progress, differential treatment planning, and
  3 25 interdisciplinary consultation and collaboration.  Adminis-
  3 26 tration and management include but are not limited to per-
  3 27 formance of supervision of clinical staff and other personnel,
  3 28 consultation, practice evaluation and utilization of research,
  3 29 development and implementation of policies governing service
  3 30 delivery, and management of programs and community
  3 31 organizations.
  3 32    c.  Independent social workers are qualified to perform the
  3 33 practice of master social workers as a private practice.
  3 34    4.  "Private practice of licensed social work" means the
  3 35 autonomous professional activity of a licensed social worker
  4  1 which is not under the auspices of a public or private
  4  2 nonprofit corporation social work practice conducted only by
  4  3 an independent social worker who is either self-employed or a
  4  4 member of a partnership or of a group practice providing
  4  5 diagnosis and treatment of mental and emotional disorders or
  4  6 conditions.
  4  7    5.  "Supervision" means the direction of social work prac-
  4  8 tice in face-to-face sessions.
  4  9    Sec. 6.  Section 154C.2, Code 1995, is amended by striking
  4 10 the section and inserting in lieu thereof the following:
  4 11    154C.2  LICENSE REQUIRED &endash; USE OF TITLE.
  4 12    1.  A person shall not engage in the practice of social
  4 13 work unless the person is licensed pursuant to this chapter.
  4 14 A person who is not licensed pursuant to this chapter shall
  4 15 not use the words "social worker" or "social work", or any
  4 16 other words or titles which imply or represent that the person
  4 17 is a bachelor social worker, master social worker, or an
  4 18 independent social worker, or practices social work.
  4 19    2.  Notwithstanding subsection 1, persons trained as
  4 20 bachelor social workers, or employed as bachelor social
  4 21 workers, are not required to be licensed.
  4 22    3.  Section 147.83 does not apply to persons who are not
  4 23 licensed as bachelor social workers and who do not hold
  4 24 themselves out as licensed bachelor social workers.
  4 25    Sec. 7.  Section 154C.3, Code 1995, is amended by striking
  4 26 the section and inserting in lieu thereof the following:
  4 27    154C.3  REQUIREMENTS TO OBTAIN LICENSE OR RECIPROCAL
  4 28 LICENSE &endash; LICENSE RENEWAL &endash; CONTINUING EDUCATION.
  4 29    1.  LICENSE REQUIREMENTS.  An applicant for a license as a
  4 30 bachelor social worker, master social worker, or independent
  4 31 social worker shall meet the following requirements in
  4 32 addition to paying all fees required by the board:
  4 33    a.  BACHELOR SOCIAL WORKER.  An applicant for a license as
  4 34 a bachelor social worker shall present evidence satisfactory
  4 35 to the board that the applicant:
  5  1    (1)  Possesses a bachelor's degree in social work from an
  5  2 accredited college or university approved by the board.
  5  3    (2)  Has passed an examination given by the board.
  5  4    (3)  Will conduct all professional activities as a bachelor
  5  5 social worker in accordance with standards for professional
  5  6 conduct established by the board.
  5  7    b.  MASTER SOCIAL WORKER.  An applicant for a license as a
  5  8 master social worker shall present evidence satisfactory to
  5  9 the board that the applicant:
  5 10    (1)  Possesses a master's or doctoral degree in social work
  5 11 from an accredited college or university approved by the
  5 12 board.
  5 13    (2)  Has passed an examination given by the board.
  5 14    (3)  Will conduct all professional activities as a master
  5 15 social worker in accordance with standards for professional
  5 16 conduct established by the board.
  5 17    c.  INDEPENDENT SOCIAL WORKER.  An applicant for a license
  5 18 as an independent social worker shall present evidence
  5 19 satisfactory to the board that the applicant:
  5 20    (1)  Possesses a master's or doctoral degree from an
  5 21 accredited college or university approved by the board.
  5 22    (2)  Has passed an examination given by the board.
  5 23    (3)  Will conduct all professional activities as a social
  5 24 worker in accordance with standards for professional conduct
  5 25 established by the board.
  5 26    (4)  Has engaged in the practice of social work, under
  5 27 supervision, for at least two years as a full-time employee or
  5 28 for four thousand hours prior to taking the examination given
  5 29 by the board.
  5 30    d.  SUPERVISION.  Supervision shall be provided in any of
  5 31 the following manners:
  5 32    (1)  By a social worker licensed at least at the level of
  5 33 the social worker being supervised and qualified under this
  5 34 section to practice without supervision.
  5 35    (2)  By another qualified professional, if the board of
  6  1 social work examiners determines that supervision by a social
  6  2 worker as defined in subparagraph (1) is unobtainable or in
  6  3 other situations considered appropriate by the board.
  6  4    Additional standards for supervision shall be determined by
  6  5 the board of social work examiners.
  6  6    2.  RECIPROCAL LICENSE.  The board shall issue an
  6  7 appropriate license to an applicant licensed to practice
  6  8 social work in another state which imposes licensure
  6  9 requirements similar or equal to those imposed under
  6 10 subsection 1.
  6 11    3.  LICENSE RENEWAL AND CONTINUING EDUCATION.  Licenses
  6 12 shall be renewed biennially, and licensees shall pay a fee for
  6 13 renewal as determined by the board and shall present evidence
  6 14 satisfactory to the board that the licensee has satisfied
  6 15 continuing education requirements as determined by the board.
  6 16    Sec. 8.  Section 154C.4, Code 1995, is amended to read as
  6 17 follows:
  6 18    154C.4  RULEMAKING AUTHORITY.
  6 19    In addition to duties and responsibilities provided in
  6 20 chapters 147 and 272C, the board shall adopt rules relating
  6 21 to:
  6 22    1.  Standards required for licensees engaging in the
  6 23 private practice of licensed social work.
  6 24    2.  Standards for professional conduct of persons licensed
  6 25 under this chapter licensees.
  6 26    3.  The administration of this chapter.
  6 27    4.  The status of active and inactive licensure and
  6 28 guidelines for inactive licensure reentry.
  6 29    5.  Educational activities which fulfill continuing
  6 30 education requirements for renewal of licenses.
  6 31    6.  Evaluation of its rules to refine standards of
  6 32 licensure and improve methods of enforcement of the standards.
  6 33    Sec. 9.  Section 154C.5, unnumbered paragraph 1, Code 1995,
  6 34 is amended to read as follows:
  6 35    A licensed social worker licensee or a person working under
  7  1 supervision of a licensee shall not disclose or be compelled
  7  2 to disclose information acquired from persons consulting that
  7  3 person in a professional capacity except:
  7  4    Sec. 10.  NEW SECTION.  154C.6  TRANSITION PROVISIONS &endash;
  7  5 EXEMPTION FROM CERTAIN LICENSE REQUIREMENTS.
  7  6    Notwithstanding section 154C.3, the board shall issue a
  7  7 license as a bachelor social worker, master social worker, or
  7  8 independent social worker to an applicant applying for a
  7  9 license prior to July 1, 1997, who meets the following
  7 10 requirements in addition to paying all fees required by the
  7 11 board:
  7 12    1.  BACHELOR SOCIAL WORKER.  An applicant for a license as
  7 13 a bachelor social worker shall present evidence satisfactory
  7 14 to the board of either of the following:
  7 15    a.  That the applicant possesses a bachelor's degree in
  7 16 social work from an accredited college or university approved
  7 17 by the board.
  7 18    b.  That the applicant possesses an undergraduate degree
  7 19 from an accredited college or university and has four thousand
  7 20 hours of employment experience in the practice of social work.
  7 21    2.  MASTER SOCIAL WORKER.  An applicant for a license as a
  7 22 master social worker shall present evidence satisfactory to
  7 23 the board of either of the following:
  7 24    a.  That the applicant possesses a master's degree in
  7 25 social work from an accredited college or university approved
  7 26 by the board.
  7 27    b.  That the applicant possesses a graduate degree from an
  7 28 accredited college or university and has four thousand hours
  7 29 of employment experience in the practice of social work.
  7 30    3.  INDEPENDENT SOCIAL WORKER.  An applicant for a license
  7 31 as an independent social worker shall present evidence
  7 32 satisfactory to the board of either of the following:
  7 33    a.  That the applicant possesses a valid license to
  7 34 practice social work pursuant to chapter 154C issued prior to
  7 35 July 1, 1995.
  8  1    b.  That the applicant possesses a master's or doctoral
  8  2 degree in social work from an accredited college or university
  8  3 approved by the board and has two years or four thousand hours
  8  4 of postgraduate degree employment experience in the practice
  8  5 of social work.
  8  6    Sec. 11.  NEW SECTION.  154C.7  GENERAL EXEMPTIONS.
  8  7    This chapter and chapter 147 do not prevent qualified
  8  8 members of other professions including, but not limited to,
  8  9 nurses, psychologists, marital and family therapists, mental
  8 10 health counselors, physicians, physician assistants,
  8 11 attorneys-at-law, or members of the clergy, from providing or
  8 12 advertising that they provide services of a social work nature
  8 13 consistent with the accepted standards of their respective
  8 14 professions, provided that these persons do not use a title or
  8 15 description indicating or implying that they are licensed to
  8 16 practice social work under this chapter or that they are
  8 17 practicing social work as defined in this chapter.
  8 18    This chapter does not apply to students of social work
  8 19 whose activities are conducted within a course of professional
  8 20 education in social work.
  8 21    Sec. 12.  Section 229.1, subsection 11, paragraph c, Code
  8 22 1995, is amended to read as follows:
  8 23    c.  A social worker who holds a master's degree in social
  8 24 work awarded by an accredited college or university licensed
  8 25 under chapter 154C.
  8 26    Sec. 13.  EFFECTIVE DATE.  Sections 2 and 3 of this Act
  8 27 take effect July 1, 1997.  
  8 28                           EXPLANATION
  8 29    This bill requires licensure of social workers and provides
  8 30 for three levels of licensure depending upon education and
  8 31 employment experience.  Sections 1, 2, 3, 4, and 12 are
  8 32 corresponding amendments to the Code and make applicable
  8 33 general health practice profession provisions regarding
  8 34 establishment of the board, imposition of fees and penalties,
  8 35 license revocation and suspension, and title specification.
  9  1 The licensing board consists of seven individuals:  two
  9  2 representing the general public, one licensed social worker
  9  3 for each of the three levels of licensure, and two employed by
  9  4 a licensee under chapter 237.
  9  5    Sections 5 through 11 amend provisions of the Code which
  9  6 currently regulate the practice of social work and create new
  9  7 sections in the Code.  These sections include requirements for
  9  8 licensure, reciprocal licensure, license renewal and
  9  9 continuing education, use of titles, the rulemaking authority
  9 10 of the board, confidentiality of information, transition
  9 11 provisions applicable to applicants for licensure prior to
  9 12 July 1, 1997, exemptions from the requirements for social work
  9 13 licensure, and title and practice protection.
  9 14    Section 13 provides an effective date of July 1, 1997, for
  9 15 the composition of the board.  
  9 16 LSB 1548HH 76
  9 17 cl/jw/5
     

Text: HF00223                           Text: HF00225
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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