Public Laws

Chapter 402

S.P. 659 - L.D. 1842

PART V

Sec. V-1. 32 MRSA §7001-A, sub-§1,  as enacted by PL 1985, c. 736, §2, is amended to read:

Sec. V-2. 32 MRSA §7002,  as amended by PL 1985, c. 736, §3 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

§ 7002.  Unlicensed practice

Notwithstanding Title 17-A, section 4-A, any person who makes a representation to the public or uses the title of social worker, unless licensed by the board, as a licensed clinical social worker, licensed master social worker, certified social worker or a licensed social worker , shall be subject to a fine of not less than $50 nor more than $500 is subject to the provisions of Title 10, section 8003-C. Any person performing the functions of a social worker as a part of a profession or occupation or in a voluntary capacity is not subject to this section.

The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.

Sec. V-3. 32 MRSA §7004,  as amended by PL 1979, c. 96, §6, is further amended to read:

§ 7004.  Services to minors for drug abuse

Any person certified licensed under this chapter who renders social work services to a minor for problems associated with the abuse of drugs or alcohol is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of the treatment. Nothing in this section shall may be construed so as to prohibit the licensed person rendering this treatment from informing that parent or guardian. For purposes of this section, "abuse of drugs" means the use of drugs solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment.

Sec. V-4. 32 MRSA §7026,  as amended by PL 2005, c. 235, §4, is further amended to read:

§ 7026.  State Board of Social Worker Licensure

The State Board of Social Worker Licensure, as established by Title 5, section 12004-A, subsection 38, within the Department of Professional and Financial Regulation, shall administer this chapter. The board consists of 7 members appointed by the Governor. Three members of the board must be licensed clinical social workers, licensed master social workers or certified social workers - independent practice; 2 must be licensed social workers; and there must be 2 public members as defined in Title 5, section 12004-C. In addition, board members must meet the qualifications required under section 7027.

Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 60 8009.

Sec. V-5. 32 MRSA §7029,  as amended by PL 1987, c. 395, Pt. B, §13, is further amended to read:

§ 7029.  Meetings; chair; quorum

The board shall annually elect a chairman and secretary from its membership. The secretary shall keep full and complete records of its proceedings and accounts, which shall be open to public inspection at all reasonable times.

The board shall meet at least once a year to conduct its business and to elect its officers a chair. Additional meetings shall must be held as necessary to conduct the business of the board , and may be convened at the call of the chairman chair or a majority of the board members. Four members of the board shall constitute a quorum for the transaction of business.

The board shall adopt a seal for its use. The seal and records shall be kept at the Department of Professional and Financial Regulation.

Sec. V-6. 32 MRSA §7030,  as amended by PL 1995, c. 397, §84, is further amended to read:

§ 7030.  Powers

The board shall have has the following duties and powers, in addition to those otherwise set forth in this chapter.

Sec. V-7. 32 MRSA §7053, first ¶,  as amended by PL 1985, c. 736, §11, is further amended to read:

To be eligible for a license to practice social work at any level, an applicant shall must be at least 18 years of age and shall must satisfactorily pass any examination as the board may prescribe by its rules. Each applicant shall must demonstrate trustworthiness and competence to engage in the practice of social work in such a manner as to safeguard the interests of the public. Applications for licensure must be submitted to the board together with the fee as set under section 7056.

Sec. V-8. 32 MRSA §7053-A, sub-§4, ¶E,  as amended by PL 2001, c. 316, §4, is further amended to read:

Sec. V-9. 32 MRSA §7054-A, first ¶,  as enacted by PL 1985, c. 736, §14, is amended to read:

A person holding a certificate of registration or license under the laws of another state, territory or possession of the United States, the District of Columbia or of any foreign country , which that is the equivalent of a license as a licensed clinical, licensed master or licensed social worker under this chapter who , in the opinion of the board, meets the requirements of this chapter, based upon verified evidence may, upon application, be licensed without further examination.

Sec. V-10. 32 MRSA §7056,  as amended by PL 1987, c. 113, §2, is repealed and the following enacted in its place:

§ 7056.   Fees

The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $175. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. V-11. 32 MRSA §7057, 2nd ¶,  as amended by PL 1985, c. 736, §17, is further amended to read:

The passing grade on any examination shall must be established by the board based upon National Testing Scores set by the testing company. A candidate failing any examination may apply for reexamination, which shall be granted upon payment of a fee established by the board in an amount not in excess of the original application and examination fees. Any candidate for registration having an average grade of less than 50% in his written examination may not apply for reexamination for one year.

Sec. V-12. 32 MRSA §7058,  as enacted by PL 1977, c. 673, §3, is repealed.

Sec. V-13. 32 MRSA §7059,  as amended by PL 1985, c. 736, §18 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed.

Sec. V-14. 32 MRSA §7059-A  is enacted to read:

§ 7059-A.   Denial or refusal to renew license; disciplinary action

In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:

Sec. V-15. 32 MRSA §7060,  as amended by PL 2005, c. 173, §2, is further amended to read:

§ 7060.  Expiration and renewals

A license renewal fee as set under section 7056 must be paid by the licensee. Licenses expire biennially on December 31st or at such other times as the Commissioner of Professional and Financial Regulation may designate. Biennial fees for renewal of licenses must be set by the board in an amount not to exceed those amounts specified in section 7056 and are due and payable biennially on or before the first day of January. License renewal fees for certified social workers are the same as those for licensed master social workers. Each renewal is contingent upon evidence of participation in a continuing professional education course or program as approved by the board. A license may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee as set under section 7056. Any person who submits an application for renewal more than 90 days after the renewal date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made received, together with the late fee and renewal fee, within 2 years from the date of the expiration.

The board shall adopt rules that provide that a person licensed under this chapter may, upon written request, be placed in an inactive status. Reasons for granting inactive status include, but are not limited to, changes in occupation, residence and health. The payment of fees must be suspended during the term of inactive status. The board shall also adopt rules by which a person in an inactive status may be reinstated. A person may be reinstated to active status by paying the fees for the year of reinstatement.

A licensee who is no longer actively practicing social work may apply for an inactive status license pursuant to Title 10, section 8003, subsection 5-A, paragraph D, subparagraph (5). The holder of an inactive status license may not practice social work in the State. The fee for inactive status licensure is set under section 7056. The holder of an inactive status license is required to renew the license annually and pay the renewal fee as set under section 7056, but is not required to meet the continuing education requirement of this chapter and the rules adopted under it.

The board shall notify every person licensed under this chapter of the date of expiration of that person's license and the fee required for its renewal for a 2-year period. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license.

In addition to the other requirements of this section, a licensed social worker must:

Sec. V-16. 32 MRSA §7062,  as amended by PL 1987, c. 395, Pt. B, §20, is repealed.