MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Public Health and Human Services
By: Representative Clark
AN ACT TO AMEND SECTION 73-53-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN PERSONS WHOSE SOCIAL WORK LICENSE EXPIRED ON SEPTEMBER 30, 1990, WHO OTHERWISE WOULD HAVE BEEN ACTIVELY ENGAGED IN THE PRACTICE OF SOCIAL WORK FOR AT LEAST FIVE YEARS BEFORE JULY 1, 1993, AS AN EMPLOYEE OF CERTAIN SPECIFIED PUBLIC ENTITIES, WHO IS AN EMPLOYEE OF ANY OF THE SPECIFIED ENTITIES ON JULY 1, 2013, REGARDLESS OF WHETHER THE CURRENT EMPLOYMENT POSITION IS DESIGNATED AS A SOCIAL WORKER, SHALL BE ISSUED A LICENSE AS A SOCIAL WORKER IF THE PERSON APPLIES FOR THE LICENSE BEFORE SEPTEMBER 1, 2013; 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) A person, corporation, association or business entity shall not use, cause to be used or advertise in connection with that person's or party's name or the name or activity of the business the words, "social worker," "licensed social worker," "licensed master's social worker," "licensed certified social worker," "licensed clinical social worker," the letters "SW," "LSW," "LMSW," "LCSW" and/or any words, combination of words, abbreviations, or insignia indicating or implying directly or indirectly that social work services are provided or supplied unless those services are provided by a person holding a valid and current license issued under this chapter or under the supervision (as provided by board rule) of a licensed certified social worker with a valid and current license issued under this chapter.
A person who does not hold a valid and current license issued by the board shall not practice social work, nor advertise the performance of that practice.
A person or party who engages in or attempts to engage in the conduct described by this section is considered to be engaged in the practice of social work.
(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 * * * the 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. * * * The 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 ASWB social work
examination at the basic level.
(3) 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, 2013, 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, 2013. 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 violating the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined
an amount not to exceed Five Hundred Dollars ($500.00) for his first violation,
One Thousand Dollars ($1,000.00) for the second violation, and Five Thousand
Dollars ($5,000.00) for the third and each subsequent violation.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.