43-41 Social Workers
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<![CDATA[CHAPTER 43-41SOCIAL WORKERS43-41-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Board" means the North Dakota board of social work examiners.2."College or university" means an institution of higher education whose social work<br>program has been accredited by an accrediting body approved by the board.3."Licensed certified social worker" means an individual who has a doctorate or<br>master's degree in social work from a college or university and who has fulfilled the<br>requirements for licensure.4."Licensed independent clinical social worker" means an individual who has a<br>doctorate or master's degree in social work from a college or university and who has<br>fulfilled the requirements for licensure or has been registered by the board for<br>third-party reimbursement before August 1, 1997.5."Licensed social worker" means an individual who has a baccalaureate degree in<br>social work from a college or university and who has fulfilled the requirements for<br>licensure.6."Private practice of social work" means the independent practice of social work by a<br>qualified individual who is self-employed on a full-time or part-time basis and is<br>responsible for that independent practice.Consultation services provided to anorganization or an agency are not considered to be the private practice of social<br>work.7."Social work practice" consists of the professional application of social work values,<br>principles, and techniques in helping people obtain tangible services; counseling;<br>psychotherapy with individuals, families, and groups; helping communities or groups<br>to improve social and health services; providing social casework; directly supervising<br>programs providing social work services; social work education; social work<br>research; or any combination of these.The practice of social work requiresknowledge of human development and behavior, of social, economic, and cultural<br>institutions, and the interaction of all these factors.43-41-02. Social work practice - Exceptions.1.Nothing in this chapter may be construed to prevent any person from doing work<br>within the standards and ethics of that person's profession and calling, provided that<br>the person does not present to the public, by title or description of services, that the<br>person is engaging in social work practice.2.Nothing in this chapter may be construed to prevent students who are enrolled in<br>programs of study leading to social work degrees from interning with a licensed<br>social worker, a licensed certified social worker, or a licensed independent clinical<br>social worker.3.Nothing in this chapter prevents the employment of, or volunteering by, individuals in<br>nonprofit agencies or community organizations provided these persons do not hold<br>themselves out to the public as being social workers.4.Nothing in this chapter prevents the employment of social work designees by<br>hospitals, basic care facilities, or skilled nursing facilities, provided these individuals<br>work under the direction of a social worker or social work consultant licensed underPage No. 1this chapter and that the board be notified of the name of the designee's employer<br>and the name of the licensee who is providing direction or consultation to the<br>designees.5.This chapter does not require public or appointed officials or administrators, acting in<br>that capacity, or any other social or human service administrators who do not hold<br>themselves out to the public as social workers, by title or description of services, to<br>be licensed under this chapter.6.This chapter does not prevent individuals with master's or doctoral degrees in the<br>field of counseling with specialization in mental health from serving as counselors or<br>therapists in mental health in state institutions or regional human service centers, if<br>they do not hold themselves out to the public as social workers.43-41-03. Representation to the public.1.Only those persons licensed to practice under this chapter may represent<br>themselves as a licensed social worker, licensed certified social worker, or licensed<br>independent clinical social worker.2.The license issued by the board under the provisions of this chapter must be<br>prominently displayed at the principal place of business where the social worker<br>practices.43-41-04. Licenses.1.Except as otherwise provided in this chapter, no person may engage in social work<br>practice in this state unless that person is a licensed social worker, a licensed<br>certified social worker, or a licensed independent clinical social worker.2.The board shall issue a license as a licensed social worker to an applicant who:a.Has a baccalaureate degree in social work from a college or university.b.Has passed an examination approved by the board for this purpose.c.Has satisfied the board that the applicant agrees to adhere to the code of social<br>work ethics adopted by the board.3.The board shall issue a license as a licensed certified social worker to an applicant<br>who:a.Has a doctorate or master's degree in social work from a college or university.b.Has passed an examination approved by the board for this purpose.c.Has satisfied the board that the applicant agrees to adhere to the code of social<br>work ethics adopted by the board.4.The board shall issue a license as a licensed independent clinical social worker to an<br>applicant who:a.Has a doctorate or master's degree in social work from a college or university.b.Has passed an examination approved by the board for this purpose.c.Has satisfied the board that within a four-year period the applicant has<br>successfully completed three thousand hours of post-master's clinical social<br>work experience under the supervision of a licensed independent clinical socialPage No. 2worker, or, if an applicant began that supervised clinical social work experience<br>before August 1, 2009, a licensed certified social worker who has two years of<br>experience, a licensed psychologist with a doctorate degree, or a licensed<br>psychiatrist.d.Has satisfied the board that the applicant agrees to adhere to the code of social<br>work ethics adopted by the board.43-41-04.1. Fees. The board shall set by rule the following fees:1.Application fee.2.License fee.3.Renewal fee.4.Late fee.5.Administrative fees.6.Continuing education fees.43-41-04.2. Criminal history record and child abuse and neglect checks.1.The board shall require each applicant for licensure and may require any licensee to<br>submit to a statewide and nationwide criminal history record check. The nationwide<br>criminal history record check must be conducted in the manner provided in section<br>12-60-24.All costs associated with obtaining a background check are theresponsibility of the applicant.2.The board shall require from each applicant for licensure and may require from any<br>licensee written consent to a child abuse information index check and authorization<br>for the department of human services or its designee to release to the board reports<br>of decisions that services are required for child abuse or neglect filed pursuant to<br>section 50-25.1-05.2. All information obtained from the department or its designee<br>is confidential and closed to the public except that it may be disclosed for use in an<br>adjudicative or judicial proceeding. All costs associated with obtaining the reports<br>are the responsibility of the applicant or licensee.43-41-05. Private practice of social work. A person may not engage in the privatepractice of social work unless that person has been licensed by the board as a licensed<br>independent clinical social worker.43-41-06. Waiver of requirements. Repealed by S.L. 1997, ch. 379, </p>
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