House Bill 1080

AN ACT TO AMEND SECTION 73-53-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN PERSONS WHOSE LICENSE EXPIRED ON SEPTEMBER 30, 1990, WHO OTHERWISE WOULD HAVE BEEN ENGAGED IN THE ACTIVITY OF SOCIAL WORK FOR FIVE YEARS BEFORE JULY 1, 1993, WHO IS ACTIVELY ENGAGED IN SOCIAL WORK PRACTICE AS AN EMPLOYEE OF A PUBLIC ENTITY ON JULY 1, 2007, SHALL BE ISSUED A LICENSE AS A SOCIAL WORKER IF THE PERSON APPLIES FOR THE LICENSE BEFORE SEPTEMBER 1, 2007; AND FOR RELATED PURPOSES.

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

SECTION 1. 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.

(4) Any person not licensed under this chapter on July 1, 1993, whose license expired on September 30, 1990, who otherwise would have 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, who is an employee of any of the specified entities on July 1, 2007, 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, 2007. 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.

(5) From and after July 1, 2008, any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00) for his first offense, nor more than One Thousand Dollars ($1,000.00) for each subsequent offense.

SECTION 2. This act shall take effect and be in force from and after its passage.