MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representative Moody

AN ACT TO AMEND SECTION 43-27-107, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF HUMAN SERVICES TO USE FEDERAL FUNDS TO EMPLOY ADDITIONAL SOCIAL WORKERS IN TIME-LIMITED POSITIONS AND TO DELETE CERTAIN RESTRICTIONS REGARDING THE ESTABLISHMENT OF SUCH TIME-LIMITED POSITIONS; TO AMEND SECTION 73-53-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN PERSONS WHO HAVE AT LEAST EIGHT YEARS OF SOCIAL WORK PRACTICE AS AN EMPLOYEE OF A PUBLIC ENTITY BEFORE JULY 1, 1993, WHO IS ACTIVELY ENGAGED IN SOCIAL WORK PRACTICE AS AN EMPLOYEE OF A PUBLIC ENTITY ON JULY 1, 2000, SHALL BE ISSUED A LICENSE AS A SOCIAL WORKER IF THE PERSON APPLIES FOR THE LICENSE BEFORE SEPTEMBER 1, 2000; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-27-107, Mississippi Code of 1972, as amended by Senate Bill No. 2143, 1999 Regular Session, which became law after veto by approval of the Legislature during the 2000 Regular Session, is amended as follows:

43-27-107. The Department of Human Services is authorized to set the qualifications necessary for all social workers employed by the department, which shall at a minimum require state licensure as a social worker, and shall not be required to go through the State Personnel Board or use the qualifications set by the Personnel Board in employing social workers for the department. All social workers employed by the department shall be state service employees from the date of their employment with the department; however, to carry out its responsibilities, the department may use any available federal funds to employ such additional social workers as it can employ in time-limited * * * positions. All social worker positions existing before July 1, 1998, will remain state service.

SECTION 2. Section 73-53-7, Mississippi Code of 1972, is amended as follows:

73-53-7. (1) Except as hereinafter provided, all individuals not exempt from licensure who are not licensed under this chapter are prohibited from performing services for compensation for which licensure is required by this chapter, and are also prohibited from holding themselves out to the public by any title or description of services set out in this chapter or by any title or description of services likely to cause public confusion with any title or description of services set out in this chapter.

(2) Any person not licensed under this chapter on July 1, 1993, who is actively engaged in the practice of social work before July 1, 1994, as an employee of the State of Mississippi or any agency, political subdivision or municipality thereof or any community action agency or Head Start agency, and who is not eligible to be issued a license under subsection (3) of this section, shall be issued a provisional license as a licensed social worker by the board, if the person applies for such provisional license before July 1, 1994, and, at the time that the application is made, the person is so actively engaged. The license shall be issued by the board upon application therefor, the submission of proof satisfactory to the board of the applicant's employment in the practice of social work as provided in this subsection, and the payment of the appropriate fee. Such license shall be valid for a maximum period of two (2) years, but not to extend past June 30, 1995, during which time the provisional licensee must pass the AASSWB social work examination at the basic level.

(3) Any person not licensed under this chapter on July 1, 1993, who has been actively engaged in the practice of social work for not less than five (5) years before July 1, 1993, as an employee of the State of Mississippi or any agency, political subdivision or municipality thereof or any community action agency or Head Start agency, shall be issued a license as a social worker by the board, if the person applies for such license before September 1, 1994, and at the time that the application is made, the person is so actively engaged. Any person born on May 24, 1949, who has eight (8) years of social work practice as an employee of any of the specified entities before July 1, 1993, who is an employee of any of the specified entities on July 1, 2000, regardless of whether the current employment position is designated as a social worker, shall be issued a license as a social worker by the board if the person applies for the license before September 1, 2000. The license shall be issued by the board upon application therefor, the submission of proof satisfactory to the board of the applicant's employment in the practice of social work as provided in this subsection, and the payment of the appropriate fee.

SECTION 3. This act shall take effect and be in force from and after its passage.