Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                             HB 499.1
                                                HOUSE BILL NO. 499
                                INTRODUCED BY E. KERR-CARPENTER, J. SMALL
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LICENSED SOCIAL WORKER REQUIREMENTS
  PERTAINING TO WORK EXPERIENCE; ALLOWING A LICENSED BACCALAUREATE SOCIAL WORKER
  AND A LICENSED MASTER'S SOCIAL WORKER TO BE LICENSED IN THIS STATE WITH CERTAIN
  REQUIREMENTS; AND AMENDING SECTIONS 37-22-307 AND 37-22-308, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 37-22-307, MCA, is amended to read:
          "37-22-307. Licensed baccalaureate social worker requirements -- exemption -- rulemaking. (1)
  An applicant to be a licensed baccalaureate social worker:
          (a)      must have a bachelor's degree in social work from a program accredited by the council on
  social work education or a program approved by the board by rule; and
          (b)      must have registered as a social worker licensure candidate, as provided in 37-22-313, and
  completed supervised work experience as specified in 37-22-313 and board rule. Some of the required hours
  must be in direct client contact.
          (2)      After completing the required supervised work experience as a social worker licensure
  candidate, the applicant shall:
          (a)      subject to subsection (6)(b), satisfactorily complete an examination prescribed by the board by
  rule. An applicant who fails the examination may reapply to take the examination and may continue as a social
  worker licensure candidate, subject to the terms set by the board.
          (b)      submit a completed application required by the board and the application fee prescribed by the
  board; and
          (c)      as a prerequisite to the issuance of a license, submit fingerprints for the purpose of fingerprint
  checks by the Montana department of justice and the federal bureau of investigation as provided in 37-1-307.
  The board may require a criminal background check of applicants and determine the suitability for licensure as
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68th Legislature 2023                                                                                                HB 499.1
  provided in 37-1-201 through 37-1-205 and 37-1-307.
          (3)      A licensed baccalaureate social worker:
          (a)      is subject to the social work ethical standards adopted under 37-22-201;
          (b)      may engage in social work activities as provided in 37-22-102(5)(c) through (5)(h);
          (c)      may engage in practice, as defined by the board, upon receiving a license; and
          (d)      may use the initials "LBSW" for "licensed baccalaureate social worker".
          (4)      An applicant is exempt from the examination requirement in subsection (2)(a) if the applicant:
          (a)      proves to the board that the applicant is licensed, certified, or registered in a state or territory of
  the United States under laws that have substantially the same requirements as this chapter; and
          (b)      has passed an examination similar to that required by the board.
          (5)      Individuals who demonstrate to the board on or before May 1, 2021, that they meet the
  applicable work and education experience as provided in subsection (1) are exempt from examination
  procedures provided in subsection (2)(a) and may be licensed under this section.
          (6)      (a) Individuals who demonstrate to the board on or before December 31, 2026, that they meet
  the requirements provided in subsections (1)(a) and (2)(a) and that they were working as a social worker in this
  state for at least 12 consecutive months or an aggregate of 24 months over a 4-year period prior to September
  2020 are eligible to be licensed under this section.
          (b)      Individuals with more than 48 months of social work experience are exempt from the
  examination requirements of subsection (2)(a).
          (6)(7)   The board shall adopt rules to implement this section."
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          Section 2. Section 37-22-308, MCA, is amended to read:
          "37-22-308. Licensed master's social worker requirements -- rulemaking -- exemption. (1) An
  applicant to be a licensed master's social worker:
          (a)      must have a master's degree in social work from a program accredited by the council on social
  work education or a program approved by the board by rule; and
          (b)      must have registered as a social worker licensure candidate, as provided in 37-22-313, and
  completed supervised work experience as specified in 37-22-313 and board rule. Some of the required hours
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68th Legislature 2023                                                                                                HB 499.1
  must be in direct client contact.
          (2)      After completing the required supervised work experience as a social worker licensure
  candidate, the applicant shall:
          (a)      subject to subsection (6), satisfactorily complete an examination prescribed by the board by
  rule. An applicant who fails the examination may reapply to take the examination and may continue as a social
  worker licensure candidate, subject to the terms set by the board.
          (b)      submit a completed application required by the board and the application fee prescribed by the
  board by rule; and
          (c)      as a prerequisite to the issuance of a license, submit fingerprints for the purpose of fingerprint
  checks by the Montana department of justice and the federal bureau of investigation as provided in 37-1-307.
  The board may require a criminal background check of applicants and determine the suitability for licensure as
  provided in 37-1-201 through 37-1-205 and 37-1-307.
          (3)      A licensed master's social worker:
          (a)      is subject to the social work ethical standards adopted under 37-22-201;
          (b)      may engage in social work activities as provided in 37-22-102(5)(c) through (5)(h);
          (c)      may engage in practice, as defined by the board, upon receiving a license; and
          (d)      may use the initials "LMSW" for "licensed master's social worker".
          (4)      An applicant is exempt from the examination requirement in subsection (2)(a) if the applicant:
          (a)      proves to the board that the applicant is licensed, certified, or registered in a state or territory of
  the United States under laws that have substantially the same requirements as this chapter; and
          (b)      has passed an examination similar to that required by the board.
          (5)      Individuals who demonstrate to the board on or before May 1, 2021, that they meet the
  applicable work and education experience as provided in subsection (1) are exempt from examination
  procedures provided in subsection (2)(a) and may be licensed under this section.
          (6)      (a) Individuals who demonstrate to the board on or before December 31, 2026, that they meet
  the requirements provided in subsections (1)(a) and (2)(a) and that they were working as a social worker in this
  state for at least 12 consecutive months or an aggregate of 24 months over a 4-year period prior to September
  2020 are eligible to be licensed under this section.
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68th Legislature 2023                                                                                        HB 499.1
          (b)      Individuals with more than 48 months of social work experience are exempt from the
  examination requirements of subsection (2)(a).
          (6)(7)   The board shall adopt rules to implement this section."
                                                       - END -
                                                              -4-                  Authorized Print Version – HB 499
Statutes affected: 
HB0499_1.pdf: 37-22-307, 37-22-308
HB0499_2.pdf: 37-22-307, 37-22-308
HB0499_3.pdf: 37-22-307, 37-22-308
Amended: 37-22-307, 37-22-308
Introduced: 37-22-307, 37-22-308