Bill Text For HB1818 - Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             2nd Session of the 60th Legislature (2026)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 4|HOUSE BILL NO. 1818                  By: Newton                        |
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 7|                        COMMITTEE SUBSTITUTE                           |
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 8|       An Act relating to professions and occupations;                 |
  |       amending 59 O.S. 2021, Section 1250.1, which relates            |
 9|       to definitions; modifying certain terms; amending 59            |
  |       O.S. 2021, Section 1253, as amended by Section 1,               |
10|       Chapter 65, O.S.L. 2023 (59 O.S. Supp. 2025, Section            |
  |       1253), which relates to qualifications and membership           |
11|       for the Oklahoma State Board of Licensed Social                 |
  |       Workers; modifying certain terms; amending 59 O.S.              |
12|       2021, Section 1261.1, as amended by Section 1,                  |
  |       Chapter 109, O.S.L. 2024 (59 O.S. Supp. 2025, Section           |
13|       1261.1), which relates to issuing various types of              |
  |       social worker licenses; modifying certain terms;                |
14|       amending 59 O.S. 2021, Section 1265, which relates to           |
  |       titles and abbreviations of social workers; modifying           |
15|       terms; amending 59 O.S. 2021, Section 1270, which               |
  |       relates to licensed social worker titles; amending              |
16|       certain terms; and providing an effective date.                 |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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20|    SECTION 1.     AMENDATORY     59 O.S. 2021, Section 1250.1, is     |
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21|amended to read as follows:                                            |
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22|    Section 1250.1.  As used in the Social Worker's Licensing Act:     |
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23|    1.  "Approved provider of continuing education" means an           |
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24|individual, group, professional association, school, institution,      |
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   Req. No. 16773                                                  Page 1
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 1|organization, or agency approved by the Board to conduct educational   |
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 2|programs;                                                              |
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 3|    2.  "Approved social work program" means a school of social work   |
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 4|or a social work educational program that has been approved by the     |
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 5|Board;                                                                 |
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 6|    3.  "Assessment" means the gathering of data about emotional,      |
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 7|behavioral, mental, environmental, biopsychosocial, and                |
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 8|interactional processes gathered in an effort to identify the          |
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 9|client's past and current level of functioning.  Assessment may also   |
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10|include the use of standardized psychometric testing instruments       |
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11|upon successful completion of appropriate, specialized courses or      |
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12|training;                                                              |
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13|    4.  "Board" means the State Board of Licensed Social Workers,      |
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14|which shall also be known as the State Board of Social Work;           |
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15|    5.  "Board-approved clinical supervisor" means a licensed          |
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16|clinical social worker who has met the qualifications determined by    |
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17|the Board for supervision in a clinical setting;                       |
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18|    6.  "Board-approved supervisor" means a licensed clinical social   |
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19|worker (LCSW) who has met the qualifications determined by the Board   |
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20|for licensure as a supervisor;                                         |
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21|    7.  "Case management" means a method to plan, provide, evaluate,   |
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22|and monitor services from a variety of resources on behalf of and in   |
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23|collaboration with a client;                                           |
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   Req. No. 16773                                                  Page 2
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 1|    8.  "Client" means the individual, couple, family, group,          |
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 2|organization, or community that seeks or receives social work          |
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 3|services;                                                              |
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 4|    9.  "Clinical social work practice" means the practice of social   |
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 5|work by a social worker including assessment and diagnosis of          |
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 6|behavioral disorders, treatment planning, planning intervention,       |
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 7|case management, information and referrals, including referrals to     |
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 8|an appropriate allopathic or osteopathic physician when the            |
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 9|diagnosis or treatment is in question or psychiatric or medical        |
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10|treatment is indicated.  Treatment methods include the provision of    |
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11|individual, marital, couple, family and group counseling and           |
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12|psychotherapy based on the education and training of the social        |
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13|worker.  Treatment shall not include biological or medical             |
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14|treatments.  The practice of clinical social work may include          |
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15|private or independent practice;                                       |
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16|    10.  "Clinical supervision" means an interactional professional    |
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17|relationship between a supervisor and a social worker that provides    |
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18|evaluation and direction over the supervisee's practice of clinical    |
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19|social work and promotes continued development of the social           |
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20|worker's knowledge, skills, and abilities to engage in the practice    |
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21|of clinical social work in an ethical and competent manner;            |
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22|    11.  "Consultation" means a problem-solving process in which       |
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23|expertise is offered to an individual, couple, family, group,          |
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24|organization or community;                                             |
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   Req. No. 16773                                                  Page 3
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 1|    12.  "Continuing education" means education and training which     |
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 2|are oriented to maintain, improve or enhance the practice of social    |
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 3|work;                                                                  |
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 4|    13.  "Continuing education contact hour" means a sixty-minute      |
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 5|clock hour of instruction, not including breaks or meals;              |
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 6|    14.  "Conviction" means conviction of a crime by a court of        |
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 7|competent jurisdiction including a finding or verdict of guilt,        |
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 8|whether or not the adjudication of guilt is withheld or not entered    |
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 9|on admission of guilt, a plea of nolo contendere, or a guilty plea;    |
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10|    15.  "Counseling" means a method used by social workers to         |
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11|assist individuals, couples, families and groups in learning how to    |
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12|solve problems and make decisions about personal, health, social,      |
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13|educational, vocational, financial, and other interpersonal            |
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14|concerns;                                                              |
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15|    16.  "Diagnosis" means the use of assessment tools such as the     |
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16|Diagnostic and Statistical Manual or the International                 |
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17|Classification of Diseases;                                            |
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18|    17.  "Employment supervision" means the professional               |
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19|relationship between a worksite supervisor and social worker in an     |
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20|employment setting which provides evaluation and direction as it       |
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21|pertains to job-related duties.  This type of supervision shall not    |
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22|be accepted towards licensure supervision requirements;                |
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   Req. No. 16773                                                  Page 4
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 1|    18.  "Examination" means a standardized test or examination of     |
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 2|social work knowledge, skills and abilities which have been approved   |
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 3|by the Board;                                                          |
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 4|    19.  "Implementation and evaluation" means continuing to           |
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 5|evaluate and monitor the effectiveness of the treatment plan;          |
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 6|    20.  "Independent social work practice" means the practice of      |
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 7|nonclinical social work by a licensed social worker (LSW), licensed    |
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 8|clinical social worker (LCSW) or licensed social worker with           |
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 9|administration specialty (LSW-ADM) outside of an organized setting,    |
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10|such as a social, medical, or governmental agency, after completion    |
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11|of all applicable supervision requirements, in which the social        |
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12|worker assumes responsibility and accountability for services          |
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13|provided;                                                              |
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14|    21.  "Intervention" means application of techniques utilized to    |
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15|implement the treatment plan appropriate to an assessment;             |
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16|    22.  "Licensed clinical social worker" (LCSW) means a person       |
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17|duly licensed to practice clinical social work under the Social        |
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18|Worker's Licensing Act;                                                |
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19|    23.  "Licensed masters social worker" (LMSW) means a person duly   |
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20|licensed to practice social work under the Social Worker's Licensing   |
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21|Act and who holds a master's degree in social work;                    |
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22|    24.  "Licensed social work associate" (LSWA) "Licensed bachelors   |
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23|social worker (LBSW)" means a person duly licensed to practice         |
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24|social work under the Social Worker's Licensing Act;                   |
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   Req. No. 16773                                                  Page 5
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 1|    25.  "Licensed social worker with administration specialty"        |
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 2|(LSW-ADM) means a person duly licensed to practice administrative      |
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 3|social work under the Social Worker's Licensing Act;                   |
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 4|    26.  "Licensed social worker" (LSW) means a person duly licensed   |
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 5|to practice social work under the Social Worker's Licensing Act;       |
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 6|    27.  "Licensee" means a person duly licensed under the Social      |
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 7|Worker's Licensing Act;                                                |
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 8|    28.  "Licensure supervisor" means a licensed social worker who     |
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 9|has met the qualifications determined by the Board for a licensure     |
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10|supervisor;                                                            |
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11|    29.  "Nonclinical social work" means the practice of social work   |
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12|by a social worker to include but not be limited to case management,   |
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13|consultation, education, advocacy and community organization, but      |
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14|excluding counseling in independent practice, psychotherapy,           |
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15|treatment and diagnosis;                                               |
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16|    30.  "Nonclinical supervision" means the supervision of social     |
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17|work practice by a social worker to include but not be limited to      |
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18|case management, consultation, education, advocacy and community       |
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19|organization;                                                          |
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20|    31.  "Practice of social work" means the professional activity     |
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21|of helping individuals, groups or communities enhance or restore       |
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22|their capacity for physical, social and economic functioning and the   |
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23|professional application of social work values, principles and         |
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24|techniques in areas such as clinical social work, social service       |
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   Req. No. 16773                                                  Page 6
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 1|administration, social planning, social work consultation and social   |
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 2|work research to one or more of the following ends:  Helping people    |
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 3|obtain tangible services; counseling with individuals, families and    |
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 4|groups; helping communities or groups provide or improve social and    |
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 5|health services; and participating in relevant social action.  The     |
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 6|practice of social work requires knowledge of human development and    |
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 7|behavior; of social economic and cultural institutions and forces;     |
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 8|and of the interaction of all of these factors.  Social work           |
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 9|practice includes the teaching of relevant subject matter and of       |
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10|conducting research into problems of human behavior and conflict.      |
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11|Except as otherwise provided in the Social Worker's Licensing Act,     |
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12|reference to the "practice of social work" shall be the practice of    |
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13|a person licensed under the Social Worker's Licensing Act;             |
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14|    32.  "Private practice of clinical social work" means the          |
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15|practice of social work performed by a licensed clinical social        |
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16|worker (LCSW) who is wholly or in part self-employed and who assumes   |
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17|responsibility for the nature and quality of the services provided     |
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18|to the client in exchange for direct payment or third-party            |
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19|reimbursement, rather than a salaried employee of an organization or   |
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20|institution;                                                           |
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21|    33.  "Psychotherapy" means the use of treatment methods            |
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22|utilizing a specialized, formal interaction between a clinical         |
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23|social worker and an individual, couple, family, or group in which a   |
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24|therapeutic relationship is established, maintained and sustained to   |
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   Req. No. 16773                                                  Page 7
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 1|understand unconscious processes, intrapersonal, interpersonal, and    |
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 2|psychosocial dynamics, and the diagnosis and treatment of mental,      |
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 3|emotional, and behavioral disorders, conditions and addictions;        |
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 4|    34.  "Supervision" means the professional relationship between     |
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 5|an approved supervisor and a social worker that provides evaluation    |
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 6|and direction over the services provided by the social worker and      |
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 7|promotes continued development of the social worker's knowledge,       |
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 8|skills and abilities to provide social work services in an ethical     |
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 9|and competent manner; and                                              |
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10|    35.  "Treatment planning" or "treatment plan" means the            |
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11|organized approach of an assessment to guide the course of             |
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12|behavioral health treatment based upon identified needs, problems      |
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13|and issues.                                                            |
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14|    SECTION 2.     AMENDATORY     59 O.S. 2021, Section 1253, as       |
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15|amended by Section 1, Chapter 65, O.S.L. 2023 (59 O.S. Supp. 2025,     |
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16|Section 1253), is amended to read as follows:                          |
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17|    Section 1253.  A.  There is hereby re-created, to continue until   |
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18|July 1, 2025 2028, in accordance with the provisions of the Oklahoma   |
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19|Sunset Law, the State Board of Licensed Social Workers, consisting     |
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20|of seven (7) members.                                                  |
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21|    B.  Three of the members of the Board shall be licensed social     |
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22|workers or licensed clinical social workers licensed pursuant to the   |
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23|provisions of the Social Worker's Licensing Act.  Two members shall    |
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24|be licensed as either social work associates bachelor's social         |
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   Req. No. 16773                                                  Page 8
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 1|workers or master's social workers.  One member shall be the           |
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 2|president of the Oklahoma Chapter of the National Association of       |
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 3|Social Workers.  The remaining member of the Board shall be selected   |
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 4|from and shall represent the general public.                           |
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 5|    C.  Responsibility for enforcement of the provisions of this act   |
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 6|is hereby vested in the State Board of Social Work.  The Board shall   |
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 7|have all of the duties, powers and authority specifically granted      |
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 8|by, or necessary for, the enforcement of this act as well as other     |
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 9|duties, powers and authority it may be granted by applicable law.      |
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10|    D.  1.  Each member of the Board appointed as a social worker      |
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11|shall:                                                                 |
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12|         a.    be a resident of this state,                            |
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13|         b.    be licensed in good standing to engage in the           |
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14|              practice of social work in this state,                   |
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15|         c.    at the time of appointment, have been actively          |
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16|              engaged in the practice of social work for at least      |
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17|              one (1) year out of the last five (5) years, and         |
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18|         d.    have at least three (3) years of experience in the      |
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19|              practice of social work.                                 |
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20|    2.  Each member of the Board appointed to represent the general    |
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21|public shall be a resident of this state who has attained the age of   |
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22|majority and shall not be, nor shall ever have been, a social work     |
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23|licensee, or the spouse of a social work licensee, or a person who     |
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24|has ever had any material financial interest in the provision of       |
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   Req. No. 16773                                                  Page 9
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 1|social work services or has engaged in any activity directly related   |
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 2|to the practice of social work.                                        |
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 3|    SECTION 3.     AMENDATORY     59 O.S. 2021, Section 1261.1, as     |
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 4|amended by Section 1, Chapter 109, O.S.L. 2024 (59 O.S. Supp. 2025,    |
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 5|Section 1261.1), is amended to read as follows:                        |
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 6|    Section 1261.1.  A.  To obtain a license under the Social          |
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 7|Worker's Licensing Act, an applicant shall:                            |
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 8|    1.  Submit a written application in a form prescribed by the       |
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 9|State Board of Licensed Social Workers;                                |
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10|    2.  Have attained the age of majority;                             |
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11|    3.  Have graduated and received a degree in social work from an    |
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12|approved social work program;                                          |
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13|    4.  Have completed any necessary post graduate experience and      |
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14|supervision in the practice of social work;                            |
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15|    5.  Have passed the necessary examination and paid all fees        |
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16|required by the Board; and                                             |
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17|    6.  Submit to a national criminal history record check, as         |
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18|defined by Section 150.9 of Title 74 of the Oklahoma Statutes.  The    |
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19|costs associated with the national criminal history record check       |
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20|shall be paid by the applicant and submitted to the Board at the       |
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21|time of application.  With the required fee, the applicant shall       |
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22|provide to the Board two classifiable sets of fingerprints to be       |
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23|provided to the Oklahoma State Bureau of Investigation.                |
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   Req. No. 16773                                                  Page 10
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 1|    B.  If the results of the national criminal history record check   |
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 2|required by subsection A of this section reveal that the applicant     |
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 3|has been convicted of, or pled guilty or nolo contendere to, any       |
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 4|felony crime that substantially relates to the occupation of a         |
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 5|social worker and poses a reasonable threat to public safety, the      |
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 6|individual's application for licensure may be disapproved and no       |
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 7|further action shall be taken on the application.                      |
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 8|    C.  Upon certification by the Board, the Board shall authorize     |
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 9|the issuance of social work licenses to persons who qualify as         |
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10|follows:                                                               |
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11|    1.  As a licensed social work associate (LSWA) bachelor's social   |
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12|worker (LBSW) who has a baccalaureate degree in social work from an    |
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13|accredited institution or an approved social work program or both      |
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14|and has passed the examination provided for under these provisions     |
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15|or who has a doctoral or master's degree in social work from an        |
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16|institution with a program accredited by an approved social work       |
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17|program and has passed the examination provided for under these        |
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18|provisions;                                                            |
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19|    2.  As a licensed master's social worker (LMSW) who has a          |
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20|master's degree in social work from an accredited institution or an    |
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21|approved social work program or both and has passed the examination    |
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22|provided for under the Social Worker's Licensing Act;                  |
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23|    3.  As a licensed social worker (LSW) who has a master's degree    |
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24|in social work from an accredited institution or an approved social    |
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   Req. No. 16773                                                  Page 11
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 1|work program or both and has three thousand (3,000) hours of           |
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 2|postgraduate experience in the practice of social work under           |
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 3|professional supervision of a person licensed under those              |
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 4|provisions, and who has passed the examination provided for under      |
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 5|the provisions of the Social Worker's Licensing Act;                   |
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 6|    4.  As a licensed clinical social worker (LCSW) who has a          |
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 7|master's degree in social work from an accredited institution or an    |
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 8|approved social work program or both and has three thousand (3,000)    |
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 9|hours of postgraduate experience in the practice of clinical social    |
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10|work under professional supervision of a person licensed by the        |
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11|Social Worker's Licensing Act, and who has passed the examination      |
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12|provided for under the Social Worker's Licensing Act; and              |
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13|    5.  As a licensed social worker with administration specialty      |
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14|(LSW-ADM) who has a master's degree in social work from an             |
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15|accredited institution or an approved social work program or both      |
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16|and has three thousand (3,000) hours of postgraduate experience in     |
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17|the practice of administrative social work under professional          |
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18|supervision of a person licensed by the Social Worker's Licensing      |
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19|Act, and who has passed the examination provided for under the         |
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20|Social Worker's Licensing Act.                                         |
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21|    D.  Applicants who have been licensed as an LSWA LBSW, LMSW,       |
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22|LSW, LCSW or LSW-ADM in good standing in another state for a minimum   |
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23|of three (3) years continually since the time of initial full          |
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   Req. No. 16773                                                  Page 12
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 1|licensure post-provisional term and comply with all other state        |
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 2|requirements shall be licensed by the Board.                           |
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 3|    E.  No person may engage in the private practice of clinical       |
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 4|social work unless that person:                                        |
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 5|    1.  Is licensed under the Social Worker's Licensing Act as a       |
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 6|licensed clinical social worker (LCSW); and                            |
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 7|    2.  Continues to meet continuing education requirements set by     |
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 8|the Board.                                                             |
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 9|    F.  No person may engage in an independent social work practice    |
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10|unless that person:                                                    |
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11|    1.  Is licensed under the Social Worker's Licensing Act as a       |
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12|licensed clinical social worker (LCSW), licensed social worker with    |
  |                                                                       |
13|administration specialty (LSW-ADM) or licensed social worker (LSW).    |
  |                                                                       |
14|This specifically and intentionally excludes licensed social work      |
  |                                                                       |
15|associates (LSWA) bachelor's social workers (LBSW) and licensed        |
  |                                                                       |
16|masters social workers (LMSW); and                                     |
  |                                                                       |
17|    2.  Continues to meet continuing education requirements set by     |
  |                                                                       |
18|the Board.                                                             |
  |                                                                       |
19|    G.  Any person seeking to pursue postgraduate supervision for      |
  |                                                                       |
20|the licensed social worker (LSW), licensed social worker with          |
  |                                                                       |
21|administration specialty (LSW-ADM), or licensed clinical social        |
  |                                                                       |
22|worker (LCSW) must hold licensure status of licensed social work       |
  |                                                                       |
23|associate (LSWA) bachelor's social worker (LBSW) or licensed masters   |
  |                                                                       |
24|social worker (LMSW) prior to board approval of postgraduate           |
  |                                                                       |
   Req. No. 16773                                                  Page 13
___________________________________________________________________________

 1|supervision for licensure as specified in paragraphs 3, 4 and 5 of     |
  |                                                                       |
 2|subsection C of this section.                                          |
  |                                                                       |
 3|    H.  As used in this section:                                       |
  |                                                                       |
 4|    1.  "Substantially relates" means the nature of criminal conduct   |
  |                                                                       |
 5|for which the person was convicted has a direct bearing on the         |
  |                                                                       |
 6|fitness or ability to perform one or more of the duties or             |
  |                                                                       |
 7|responsibilities necessarily related to the occupation; and            |
  |                                                                       |
 8|    2.  "Poses a reasonable threat" means the nature of criminal       |
  |                                                                       |
 9|conduct for which the person was convicted involved an act or threat   |
  |                                                                       |
10|of harm against another and has a bearing on the fitness or ability    |
  |                                                                       |
11|to serve the public or work with others in the occupation.             |
  |                                                                       |
12|    SECTION 4.     AMENDATORY     59 O.S. 2021, Section 1265, is       |
  |                                                                       |
13|amended to read as follows:                                            |
  |                                                                       |
14|    Section 1265.  Any person who has received a license as a          |
  |                                                                       |
15|licensed social work associate bachelor's social worker shall have     |
  |                                                                       |
16|the right to use the title Licensed Social Work Associate Bachelor's   |
  |                                                                       |
17|Social Worker, and the abbreviation, LSWA LBSW.  No other person       |
  |                                                                       |
18|shall assume such title, use such abbreviation, or any word or         |
  |                                                                       |
19|letters, signs, figures or devices to indicate that the person using   |
  |                                                                       |
20|the same is a licensed social work associate bachelor's social         |
  |                                                                       |
21|worker.                                                                |
  |                                                                       |
22|    SECTION 5.     AMENDATORY     59 O.S. 2021, Section 1270, is       |
  |                                                                       |
23|amended to read as follows:                                            |
  |                                                                       |
24|    Section 1270.  A.  It shall be a misdemeanor for any person to:    |
  |                                                                       |
   Req. No. 16773                                                  Page 14
___________________________________________________________________________

 1|    1.  Use in connection with his or her name any designation         |
  |                                                                       |
 2|tending to imply that he or she is licensed under the Social           |
  |                                                                       |
 3|Worker's Licensing Act unless he or she is duly and respectively       |
  |                                                                       |
 4|licensed under the provisions of this act;                             |
  |                                                                       |
 5|    2.  Use in connection with his or her name any designation         |
  |                                                                       |
 6|tending to imply that he or she is licensed under the provisions of    |
  |                                                                       |
 7|this act during the time his or her license shall be suspended or      |
  |                                                                       |
 8|revoked; or                                                            |
  |                                                                       |
 9|    3.  Otherwise violate any of the provisions of this act.           |
  |                                                                       |
10|    B.  1.  Except as otherwise provided, it shall be unlawful for     |
  |                                                                       |
11|any individual to engage in the practice of social work unless duly    |
  |                                                                       |
12|licensed under this act.                                               |
  |                                                                       |
13|    2.  Except as otherwise provided, it shall be unlawful for any     |
  |                                                                       |
14|individual to engage in the practice of Clinical Social Work unless    |
  |                                                                       |
15|duly licensed as a Clinical Social Worker under this act.              |
  |                                                                       |
16|    3.  No individual shall offer social work services or use the      |
  |                                                                       |
17|designation social worker, licensed social work associate bachelor's   |
  |                                                                       |
18|social worker, licensed master's social worker, licensed social        |
  |                                                                       |
19|worker, licensed clinical social worker or the initials LSWA LBSW,     |
  |                                                                       |
20|LMSW, LSW, or LCSW or any other designation indicating licensure       |
  |                                                                       |
21|status or hold themselves out as licensed to practice social work      |
  |                                                                       |
22|unless duly licensed.                                                  |
  |                                                                       |
23|    4.  The provision of social work services to an individual in      |
  |                                                                       |
24|this state, through telephonic, electronic or other means,             |
  |                                                                       |
   Req. No. 16773                                                  Page 15
___________________________________________________________________________

 1|regardless of the location of the social worker, shall constitute      |
  |                                                                       |
 2|the practice of social work and shall be subject to regulation.        |
  |                                                                       |
 3|    5.  Any individual who, after hearing, is found by the State       |
  |                                                                       |
 4|Board of Licensed Social Workers to have unlawfully engaged in the     |
  |                                                                       |
 5|practice of social work or to have violated other provisions of this   |
  |                                                                       |
 6|act shall be subject to a fine to be imposed by the Board not to       |
  |                                                                       |
 7|exceed Five Hundred Dollars ($500.00) for each offense.  Each          |
  |                                                                       |
 8|violation of this act or Board rules pertaining to unlawful practice   |
  |                                                                       |
 9|of social work shall also constitute a misdemeanor.                    |
  |                                                                       |
10|    6.  Nothing in this act shall be construed to prevent members of   |
  |                                                                       |
11|other professions from performing functions for which they are duly    |
  |                                                                       |
12|licensed; provided, however, such professionals shall not hold         |
  |                                                                       |
13|themselves out or refer to themselves by any title or description      |
  |                                                                       |
14|stating or implying that they are engaged in the practice of social    |
  |                                                                       |
15|work or that they are licensed to engage in the practice of social     |
  |                                                                       |
16|work.                                                                  |
  |                                                                       |
17|    7.  Students currently participating in an approved social work    |
  |                                                                       |
18|program are exempt from licensure under this act when enrolled in or   |
  |                                                                       |
19|participating in an internship, externship, or other social work       |
  |                                                                       |
20|experience requirements for such programs.                             |
  |                                                                       |
21|    SECTION 6.  This act shall become effective November 1, 2026.      |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|    60-2-16773     TKR    02/26/26                                     |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 16773                                                  Page 16
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