19.8167.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2361
of North Dakota
Introduced by
Senators Anderson, Mathern
Representative J. Nelson
1 A BILL for an Act to create and enact subsection 8 of section 43-41-11 and three new sections
2 to chapter 43-41 of the North Dakota Century Code, relating to the licensing of social workers;
3 to amend and reenact sections 43-41-01, subsection 2 of section 43-41-02, subsection 1 of
4 section 43-41-03, and sections 43-41-04, 43-41-05, 43-41-08, 43-41-10, and 43-41-12, of the
5 North Dakota Century Code, relating to the licensing of social workers; and to provide an
6 effective date.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 43-41-01 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 43-41-01. Definitions.
11 In this chapter, unless the context or subject matter otherwise requires:
12 1. "Board" means the North Dakota board of social work examiners.
13 2. "College or university" means an institution of higher education whose social work
14 program has been accredited by an accrediting body approved by the board.
15 3. "Licensed certified social worker" means an individual who has a doctorate or master's
16 degree in social work from a college or university and who has fulfilled the
17 requirements for licensure.
18 4. "Licensed independent clinical social worker" means an individual who has a doctorate
19 or master's degree in social work from a college or university and who has fulfilled the
20 requirements for licensure or has been registered by the board for third-party
21 reimbursement before August 1, 1997.
22 5. "Licensed social worker" means an individual who has a baccalaureate degree in
23 social work from a college or university and who has fulfilled the requirements for
24 licensure.
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1 "Client" means the individual, couple, family, group, organization, or community that
2 seeks or receives social work services from an individual licensed social worker or an
3 organization, regardless of whether the licensed social worker or organization bills or
4 accepts or requests the payment of fees for the services.
5 3. "Clinical supervision for licensure" means an interactional professional relationship
6 between a clinical supervisor which meets the standards adopted by the board and a
7 social worker and which provides evaluation and direction over the supervisee's
8 practice of clinical social work in preparation for the social worker's licensure as a
9 licensed clinical social worker, in accordance with the requirements adopted by the
10 board, and promotes development of the social worker's knowledge, skills, and
11 abilities to engage in the practice of clinical social work in an ethical and competent
12 manner.
13 4. "Consultation" means an advisory professional relationship between a social worker
14 and an individual with particular expertise, with the social worker legally and ethically
15 maintaining responsibility for all judgments and decisions regarding service to the
16 client.
17 5. "Counseling" means a method used by a social worker to assist an individual, couple,
18 family, or group in learning how to solve problems and make decisions about personal,
19 health, social, educational, vocational, financial, and other interpersonal concerns.
20 6. "Electronic social work services" means the use of a computer, including the internet,
21 social media, online chat, text, and electronic mail, or other electronic means, such as
22 a wireless communications device, landline telephone, or video technology, to provide
23 information to the public, deliver social work services to a client, communicate with a
24 client, manage confidential information and case records, store and access
25 information about clients, and arrange payment for professional services.
26 7. "Licensed baccalaureate social worker" means an individual licensed under this
27 chapter to practice baccalaureate social work.
28 8. "Licensed clinical social worker" means an individual licensed under this chapter to
29 practice clinical social work.
30 9. "Licensed master social worker" means an individual licensed under this chapter to
31 practice masters social work.
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1 6.10. "Private practice of social work" means the independent practice of social work by a
2 qualified individuallicensee who is practicing within that licensee's scope of practice,
3 and who is self-employed on a full-time or part-time basis and is responsible for that
4 independent practice. Consultation services provided to an organization or an agency
5 are not considered to be the private practice of social work.
6 7.11. "Social work practice" consists of the professional application of social work values,
7 principles, and techniques in helping people obtain tangible services; counseling;
8 psychotherapy with individuals, families, and groups; helping communities or groups to
9 improve social and health services; providing social casework; directly supervising
10 programs providing social work services; social work education; social work research;
11 or any combination of these. The practice of social work requires knowledge of human
12 development and behavior, of social, economic, and cultural institutions, and the
13 interaction of all these factorsmeans the application of social work theory, knowledge,
14 methods, ethics, and the professional use of self to restore or enhance social,
15 psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,
16 organizations, and communities. The scope of practice for licensees of the board
17 consist of the following:
18 a. The practice of baccalaureate social work, which includes the application of
19 social work theory, knowledge, methods, ethics, and the professional use of self
20 to restore or enhance social, psychosocial, or biopsychosocial functioning of
21 individuals, couples, families, groups, organizations, and communities.
22 Baccalaureate social work is generalist practice that includes assessment,
23 planning, implementation, intervention, evaluation, research, social work case
24 management, information and referral, counseling, supervision, consultation,
25 education, advocacy, community organization, and the development,
26 implementation, and administration of policies, programs, and activities.
27 b. The practice of masters social work, which includes, in addition to the practice of
28 baccalaureate social work, the application of specialized knowledge and
29 advanced practice skills in the areas of assessment, treatment planning,
30 implementation, intervention, evaluation, social work case management
31 information and referral, counseling, supervision, consultation, education,
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1 research, advocacy, community organization, and the development,
2 implementation, and administration of policies, programs, and activities. Under
3 the supervision of a licensed clinical social worker, the practice of masters social
4 work may include the practices reserved to licensed clinical social workers.
5 c. The practice of clinical social work, which includes, in addition to the practice of
6 baccalaureate social work and the practice of masters social work, the
7 application of specialized clinical knowledge and advanced clinical skills in the
8 areas of assessment, treatment planning, implementation and evaluation, social
9 work case management information and referral, counseling, supervision,
10 consultation, education, research, advocacy, community organization, the
11 development, implementation, intervention, and administration of policies,
12 programs, and activities, and the diagnosis and treatment of mental, emotional,
13 and behavioral disorders, conditions, and addictions. Treatment methods include
14 the provision of individual, marital, couple, family, and group counseling and
15 psychotherapy. The practice of clinical social work may include the provision of
16 clinical supervision.
17 12. "Psychotherapy" means the use of treatment methods utilizing a specialized, formal
18 interaction between a licensed clinical social worker and an individual, couple, family,
19 or group in which a therapeutic relationship is established, maintained, and sustained
20 to understand unconscious processes; intrapersonal, interpersonal, and psychosocial
21 dynamics; and the assessment, diagnosis, and treatment of mental, emotional, and
22 behavioral disorders, conditions, or addictions.
23 13. "Social work case management" means a method to plan, provide, evaluate, and
24 monitor services by a licensed social worker from a variety of resources on behalf of
25 and in collaboration with a client.
26 SECTION 2. AMENDMENT. Subsection 2 of section 43-41-02 of the North Dakota Century
27 Code is amended and reenacted as follows:
28 2. Nothing in thisThis chapter may not be construed to prevent students who are enrolled
29 in programs of study leading to social work degrees from interning with a licensed
30 baccalaureate social worker, a licensed certifiedmaster social worker, or a licensed
31 independent clinical social worker.
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1 SECTION 3. AMENDMENT. Subsection 1 of section 43-41-03 of the North Dakota Century
2 Code is amended and reenacted as follows:
3 1. Only those persons licensed to practice under this chapter may represent themselves
4 as a licensed baccalaureate social worker, licensed certifiedmaster social worker, or
5 licensed independent clinical social worker.
6 SECTION 4. AMENDMENT. Section 43-41-04 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 43-41-04. Licenses - Rules.
9 1. Except as otherwise provided in this chapter, noa person may not engage in social
10 work practice in this state unless that person is a licensed baccalaureate social
11 worker, a licensed certifiedmaster social worker, or a licensed independent clinical
12 social worker.
13 2. The board shall issue a license as a licensed social worker to an applicant whoTo
14 obtain a license to engage in the practice of social work, an applicant shall submit an
15 application to the board in the form prescribed by the board and provide evidence
16 satisfactory to the board the applicant:
17 a. Has a baccalaureate degree in social work from a college or universityattained
18 the age of majority.
19 b. Has passed anthe examination approved by the board for this purposethe license
20 sought.
21 c. Has satisfied the board that the applicant agrees to adhere to the code of social
22 work ethics adopted by the board.
23 3. The board shall issue a license as a licensed certified social worker to an applicant
24 who:
25 a. Has a doctorate or master's degree in social work from a college or university.
26 b. Has passed an examination approved by the board for this purpose.
27 c. Has satisfied the board that the applicant agrees to adhere to the code of social
28 work ethics adopted by the board.
29 4. To obtain a license to practice clinical social work, an applicant for licensure by
30 examination shall submit to the board a written application in the form prescribed by
31 the board and provide satisfactory evidence the applicant:
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1 a. Has a doctorate or master's degree in social work from an approved social work
2 program.
3 b. Passed an examination approved by the board for this purpose.
4 c. Within
5 d. Is of good moral character. As an element of good moral character, the board
6 shall consider the applicant's adherence to values, principles, and ethical
7 standards consistent with professional social work practice, and shall also
8 consider information obtained through reports made under section 43-41-04.2 in
9 licensure decisions to the extent permissible by all applicable laws.
10 e. Has paid all applicable fees specified by the board relative to the licensure
11 process.
12 3. An applicant for licensure for the practice of:
13 a. Baccalaureate social work must demonstrate having been awarded a
14 baccalaureate degree in social work from a social work program approved by the
15 board.
16 b. Masters social work must demonstrate having been awarded a doctorate or
17 master's degree in social work from a social work program approved by the
18 board.
19 c. Clinical social work must demonstrate:
20 (1) Having been awarded a doctorate or master's degree in social work from a
21 social work program approved by the board.
22 (2) The successful completion, within a four-year period successfully
23 completed, of three thousand hours of supervised post-master's clinical
24 social work experience. The initial one thousand five hundred of the
25 required hours must have been under the supervision of a licensed clinical
26 social worker. Additional hours of supervision may be under other qualified
27 mental health professionals approved by the board if barriers due to the
28 geographical location, disability, or other factors determined by the board to
29 create a hardship exist for the applicant. The qualified professional must be
30 registered or otherwise qualified as a clinical supervisor by the board that
31 licenses the other professional. However, if an applicant began supervised
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1 post-master's clinical social work experience before August 1, 2009, a
2 master'slicensed master social worker who has two years of experience, a
3 licensed psychologist with a doctorate degree, or a licensed psychiatrist
4 may have supervised the required hours. The applicant may demonstrate to
5 the board's satisfaction that experience in the practice of clinical social work
6 meets or exceeds the minimum supervisory requirements of the board.
7 d. Agrees to adhere to the code of social work ethics adopted by the board.
8 e. Is of good moral character. In determining the character of an applicant in a
9 licensure decision, the board shall consider information obtained through reports
10 made under section 43-41-04.2.
11 f. Paid all applicable fees specified by the board regarding the licensure process
12 4. The board may adopt rules pertaining to the supervision required under this section.
13 SECTION 5. AMENDMENT. Section 43-41-05 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 43-41-05. Private practice of social work.
16 A person may not engage in the private practice of social work unless that person has been
17 licensed by the board as a licensed independent clinical social worker.
18 SECTION 6. AMENDMENT. Section 43-41-08 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 43-41-08. Board of social work examiners - Qualifications - Appointment - Term of
21 office - Compensation.
22 1. The governor shall appoint the North Dakota board of social work examiners, which
23 must consist of sixseven members, two of whom must be, at the time of initial
24 appointment, licensed baccalaureate social workers; one of whom must be, at the time
25 of initial appointment, a licensed certifiedmaster social worker; onetwo of whom must
26 be, at the time of initial appointment, a licensed independent clinical social worker; and
27 two of whom must be laypersons. Board members must demonstrate no conflict of
28 interest.
29 2