43-41-01. Definitions.
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In this chapter, unless the context or subject matter otherwise requires:
1. "Board" means the North Dakota board of social work examiners.
2. "Client" means the individual, couple, family, group, organization, or community that
seeks or receives social work services from an individual licensed social worker or an
organization, regardless of whether the licensed social worker or organization bills or
accepts or requests the payment of fees for the services.
3. "Clinical supervision for licensure" means an interactional professional relationship
between a clinical supervisor which meets the standards adopted by the board and a
social worker and which provides evaluation and direction over the supervisee's
practice of clinical social work in preparation for the social worker's licensure as a
licensed clinical social worker, in accordance with the requirements adopted by the
board, and promotes development of the social worker's knowledge, skills, and
abilities to engage in the practice of clinical social work in an ethical and competent
manner.
4. "Consultation" means an advisory professional relationship between a social worker
and an individual with particular expertise, with the social worker legally and ethically
maintaining responsibility for all judgments and decisions regarding service to the
client.
5. "Counseling" means a method used by a social worker to assist an individual, couple,
family, or group in learning how to solve problems and make decisions about personal,
health, social, educational, vocational, financial, and other interpersonal concerns.
6. "Electronic social work services" means the use of a computer, including the internet,
social media, online chat, text, and electronic mail, or other electronic means, such as
a wireless communications device, landline telephone, or video technology, to provide
information to the public, deliver social work services to a client, communicate with a
client, manage confidential information and case records, store and access information
about clients, and arrange payment for professional services.
7. "Licensed baccalaureate social worker" means an individual licensed under this
chapter to practice baccalaureate social work.
8. "Licensed clinical social worker" means an individual licensed under this chapter to
practice clinical social work.
9. "Licensed master social worker" means an individual licensed under this chapter to
practice masters social work. 10. "Private practice of social work" means the independent practice of social work by a
licensee who is practicing within that licensee's scope of practice, and who is
self-employed on a full-time or part-time basis and is responsible for that independent
practice. Consultation services provided to an organization or an agency are not
considered to be the private practice of social work. 11. "Psychotherapy" means the use of treatment methods utilizing a specialized, formal
interaction between a licensed clinical social worker and an individual, couple, family,
or group in which a therapeutic relationship is established, maintained, and sustained
to understand unconscious processes; intrapersonal, interpersonal, and psychosocial
dynamics; and the assessment, diagnosis, and treatment of mental, emotional, and
behavioral disorders, conditions, or addictions. 12. "Social work case management" means a method to plan, provide, evaluate, and
monitor services by a licensed social worker from a variety of resources on behalf of
and in collaboration with a client. 13. "Social work practice" means the application of social work theory, knowledge,
methods, ethics, and the professional use of self to restore or enhance social,
psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,
organizations, and communities. The scope of practice for licensees of the board
consist of the following:
a. The practice of baccalaureate social work, which includes the application of social
work theory, knowledge, methods, ethics, and the professional use of self to
restore or enhance social, psychosocial, or biopsychosocial functioning of
individuals, couples, families, groups, organizations, and communities.
Baccalaureate social work is generalist practice that includes assessment,
planning, implementation, intervention, evaluation, research, social work case
management, information and referral, counseling, supervision, consultation,
education, advocacy, community organization, and the development,
implementation, and administration of policies, programs, and activities.
b. The practice of masters social work, which includes, in addition to the practice of
baccalaureate social work, the application of specialized knowledge and
advanced practice skills in the areas of assessment, treatment planning,
implementation, intervention, evaluation, social work case management
information and referral, counseling, supervision, consultation, education,
research, advocacy, community organization, and the development,
implementation, and administration of policies, programs, and activities. Under
the supervision of a licensed clinical social worker, the practice of masters social
work may include the practices reserved to licensed clinical social workers.
c. The practice of clinical social work, which includes, in addition to the practice of
baccalaureate social work and the practice of masters social work, the application
of specialized clinical knowledge and advanced clinical skills in the areas of
assessment, treatment planning, implementation and evaluation, social work
case management information and referral, counseling, supervision, consultation,
education, research, advocacy, community organization, the development,
implementation, intervention, and administration of policies, programs, and
activities, and the diagnosis and treatment of mental, emotional, and behavioral
disorders, conditions, and addictions. Treatment methods include the provision of
individual, marital, couple, family, and group counseling and psychotherapy. The
practice of clinical social work may include the provision of clinical supervision.
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. This chapter may not be construed to prevent students who are enrolled in programs
of study leading to social work degrees from interning with a licensed baccalaureate
social worker, a licensed master social worker, or a licensed 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 under
this 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 state-operated behavioral health
clinics, 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 baccalaureate social worker, licensed master social worker, or licensed
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 - Rules. 1. Except as otherwise provided in this chapter, a person may not engage in social work
practice in this state unless that person is a licensed baccalaureate social worker, a
licensed master social worker, or a licensed clinical social worker. 2. To obtain a license to engage in the practice of social work, an applicant shall submit
an application to the board in the form prescribed by the board and provide evidence
satisfactory to the board the applicant:
a. Has attained the age of majority.
b. Has passed the examination approved by the board for the license sought.
c. Has satisfied the board the applicant agrees to adhere to the code of social work
ethics adopted by the board.
d. Is of good moral character. As an element of good moral character, the board
shall consider the applicant's adherence to values, principles, and ethical
standards consistent with professional social work practice, and shall also
consider information obtained through reports made under section 43-41-04.2 in
licensure decisions to the extent permissible by all applicable laws.
e. Has paid all applicable fees specified by the board relative to the licensure
process. 3. An applicant for licensure for the practice of:
a. Baccalaureate social work must demonstrate having been awarded a
baccalaureate degree in social work from a social work program approved by the
board.
b. Masters social work must demonstrate having been awarded a doctorate or
master's degree in social work from a social work program approved by the
board.
c. Clinical social work must demonstrate:
(1)Having been awarded a doctorate or master's degree in social work from a
social work program approved by the board.
(2)The successful completion, within a four-year period, of three thousand
hours of supervised post-master's clinical social work experience. The initial
one thousand five hundred of the required hours must have been under the
supervision of a licensed clinical social worker. Additional hours of
supervision may be under other qualified mental health professionals
approved by the board if barriers due to the geographical location, disability,
or other factors determined by the board to create a hardship exist for the
applicant. The qualified professional must be registered or otherwise
qualified as a clinical supervisor by the board that licenses the other
professional. However, if an applicant began supervised post-master's
clinical social work experience before August 1, 2009, a licensed master
social worker who has two years of experience, a licensed psychologist with
a doctorate degree, or a licensed psychiatrist may have supervised the
required hours. The applicant may demonstrate to the board's satisfaction
that experience in the practice of clinical social work meets or exceeds the
minimum supervisory requirements of the board. 4. The board may adopt rules pertaining to the supervision required under this section.
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.