ENROLLED HOUSE
BILL NO. 3015 By: Boatman and Pittman of the House
and
Garvin and Kirt of the Senate
An Act relating to professions and occupations; amending 59 O.S.
2021, Section 1261.1, which relates to social worker licensing requirements;
modifying certain schooling qualifications; and providing an effective date.
SUBJECT: Professions and occupations
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
AMENDATORY 59 O.S. 2021,
Section 1261.1, is amended to read as follows:
Section 1261.1 A. To obtain a license under the Social Worker's
Licensing Act, an applicant shall:
1. Submit a written
application in a form prescribed by the State Board of Licensed Social Workers;
2. Have attained the age
of majority;
3. Have graduated and
received a degree in social work from an approved social work program;
4. Have completed any
necessary post graduate experience and supervision in the practice of social
work;
5. Have passed the
necessary examination and paid all fees required by the Board; and
6. Submit to a national
criminal history record check, as defined by Section 150.9 of Title 74 of the
Oklahoma Statutes. The costs associated
with the national criminal history record check shall be paid by the applicant
and submitted to the Board at the time of application. With the required fee, the applicant shall
provide to the Board two classifiable sets of fingerprints to be provided to
the Oklahoma State Bureau of Investigation.
B. If the results of the
national criminal history record check required by subsection A of this section
reveal that the applicant has been convicted of, or pled guilty or nolo
contendere to, any felony crime that substantially relates to the occupation of
a social worker and poses a reasonable threat to public safety, the individual's
application for licensure may be disapproved and no further action shall be
taken on the application.
C. Upon certification by
the Board, the Board shall authorize the issuance of social work licenses to
persons who qualify as follows:
1. As a licensed social
work associate (LSWA) who has a baccalaureate degree in social work from an
accredited institution or an approved social work program or both and has
passed the examination provided for under these provisions or who has a doctoral
or master's degree in social work from an institution with a program accredited
by an approved social work program and has passed the examination provided for
under these provisions;
2. As a licensed master's
social worker (LMSW) who has a master's degree in social work from an
accredited institution or an approved social work program or both and has
passed the examination provided for under the Social Worker's Licensing Act;
3. As a licensed social
worker (LSW) who has a master's degree in social work from an accredited
institution or an approved social work program or both and has two (2) years
of full-time three thousand (3,000) hours of postgraduate experience
in the practice of social work under professional supervision of a person
licensed under those provisions, and who has passed the examination provided
for under the provisions of the Social Worker's Licensing Act;
4. As a licensed clinical
social worker (LCSW) who has a master's degree in social work from an
accredited institution or an approved social work program or both and has two
(2) years of full-time three thousand (3,000) hours of postgraduate
experience in the practice of clinical social work under professional
supervision of a person licensed by the Social Worker's Licensing Act, and who
has passed the examination provided for under the Social Worker's Licensing
Act; and
5. As a licensed social
worker with administration specialty (LSW-ADM) who has a master's degree in
social work from an accredited institution or an approved social work program
or both and has two (2) years of full-time three thousand (3,000)
hours of postgraduate experience in the practice of administrative social
work under professional supervision of a person licensed by the Social Worker's
Licensing Act, and who has passed the examination provided for under the Social
Worker's Licensing Act.
D. Applicants who have
been licensed as an LSWA, LMSW, LSW, LCSW or LSW-ADM in good standing in
another state for a minimum of three (3) years continually since the time of
initial full licensure post-provisional term and comply with all other state
requirements shall be licensed by the Board.
E. No person may engage
in the private practice of clinical social work unless that person:
1. Is licensed under the
Social Worker's Licensing Act as a licensed clinical social worker (LCSW); and
2. Continues to meet
continuing education requirements set by the Board.
F. No person may engage
in an independent social work practice unless that person:
1. Is licensed under the
Social Worker's Licensing Act as a licensed clinical social worker (LCSW),
licensed social worker with administration specialty (LSW-ADM) or licensed
social worker (LSW). This specifically
and intentionally excludes licensed social work associates (LSWA) and licensed
masters social workers (LMSW); and
2. Continues to meet
continuing education requirements set by the Board.
G. Any qualified
person who files by February 1, 2012, a sworn statement with the Board stating
that the person has met the definition of a qualified person under this section
shall, upon approval of the statement by the Board, be entitled to engage in
the independent practice of social work without having to meet the two-year
postgraduate supervision requirement specified in paragraphs 3, 4 and 5 of
subsection C of this section.
H. Any person seeking to pursue postgraduate
supervision for the licensed social worker (LSW), licensed social worker with
administration specialty (LSW-ADM), or licensed clinical social worker (LCSW)
must hold licensure status of licensed social work associate (LSWA) or licensed
masters social worker (LMSW) prior to board approval of postgraduate
supervision for licensure as specified in paragraphs 3, 4 and 5 of subsection C
of this section.
I. As used in this
section, "qualified person" means a person who:
1. Currently holds an
active social worker license from the Board; and
2. Has held a social
worker license from the Board continuously during the ten-year period
immediately prior to November 1, 2011.
J. H. As used in this section:
1. "Substantially
relates" means the nature of criminal conduct for which the person was
convicted has a direct bearing on the fitness or ability to perform one or more
of the duties or responsibilities necessarily related to the occupation; and
2. "Poses a
reasonable threat" means the nature of criminal conduct for which the
person was convicted involved an act or threat of harm against another and has
a bearing on the fitness or ability to serve the public or work with others in
the occupation.
SECTION 2.
This act shall become effective November 1, 2024.
Passed the
House of Representatives the 4th day of March, 2024.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 17th day of
April, 2024.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________