43-41 Social Workers - North Dakota Statutes

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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
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
master's degree in social work from a college or university and who has fulfilled the
requirements for licensure.4."Licensed independent clinical social worker" means an individual who has a
doctorate or master's degree in social work from a college or university and who has
fulfilled the requirements for licensure or has been registered by the board for
third-party reimbursement before August 1, 1997.5."Licensed social worker" means an individual who has a baccalaureate degree in
social work from a college or university and who has fulfilled the requirements for
licensure.6."Private practice of social work" means the independent practice of social work by a
qualified individual who is self-employed on a full-time or part-time basis and is
responsible for that independent practice.Consultation services provided to anorganization or an agency are not considered to be the private practice of social
work.7."Social work practice" consists of the professional application of social work values,
principles, and techniques in helping people obtain tangible services; counseling;
psychotherapy with individuals, families, and groups; helping communities or groups
to improve social and health services; providing social casework; directly supervising
programs providing social work services; social work education; social work
research; or any combination of these.The practice of social work requiresknowledge of human development and behavior, of social, economic, and cultural
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
within the standards and ethics of that person's profession and calling, provided that
the person does not present to the public, by title or description of services, that the
person is engaging in social work practice.2.Nothing in this chapter may be construed to prevent students who are enrolled in
programs of study leading to social work degrees from interning with a licensed
social worker, a licensed certified social worker, or a licensed independent clinical
social worker.3.Nothing in this chapter prevents the employment of, or volunteering by, individuals in
nonprofit agencies or community organizations provided these persons do not hold
themselves out to the public as being social workers.4.Nothing in this chapter prevents the employment of social work designees by
hospitals, basic care facilities, or skilled nursing facilities, provided these individuals
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
and the name of the licensee who is providing direction or consultation to the
designees.5.This chapter does not require public or appointed officials or administrators, acting in
that capacity, or any other social or human service administrators who do not hold
themselves out to the public as social workers, by title or description of services, to
be licensed under this chapter.6.This chapter does not prevent individuals with master's or doctoral degrees in the
field of counseling with specialization in mental health from serving as counselors or
therapists in mental health in state institutions or regional human service centers, if
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
themselves as a licensed social worker, licensed certified social worker, or licensed
independent clinical social worker.2.The license issued by the board under the provisions of this chapter must be
prominently displayed at the principal place of business where the social worker
practices.43-41-04. Licenses.1.Except as otherwise provided in this chapter, no person may engage in social work
practice in this state unless that person is a licensed social worker, a licensed
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
work ethics adopted by the board.3.The board shall issue a license as a licensed certified social worker to an 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 the applicant agrees to adhere to the code of social
work ethics adopted by the board.4.The board shall issue a license as a licensed independent clinical social worker to an
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
successfully completed three thousand hours of post-master's clinical social
work experience under the supervision of a licensed independent clinical socialPage No. 2worker, or, if an applicant began that supervised clinical social work experience
before August 1, 2009, a licensed certified social worker who has two years of
experience, a licensed psychologist with a doctorate degree, or a licensed
psychiatrist.d.Has satisfied the board that the applicant agrees to adhere to the code of social
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
submit to a statewide and nationwide criminal history record check. The nationwide
criminal history record check must be conducted in the manner provided in section
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
licensee written consent to a child abuse information index check and authorization
for the department of human services or its designee to release to the board reports
of decisions that services are required for child abuse or neglect filed pursuant to
section 50-25.1-05.2. All information obtained from the department or its designee
is confidential and closed to the public except that it may be disclosed for use in an
adjudicative or judicial proceeding. All costs associated with obtaining the reports
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
independent clinical social worker.43-41-06. Waiver of requirements. Repealed by S.L. 1997, ch. 379,