senate Bill S2360A

Amended

Authorizes the care and treatment of injured employees by duly licensed social workers under the workers' compensation program

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Jan / 2013
    • REFERRED TO LABOR
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / Jun / 2013
    • PRINT NUMBER 2360A
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 28 / Apr / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 17 / Jun / 2014
    • PRINT NUMBER 2360B
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1596
  • 19 / Jun / 2014
    • SUBSTITUTED BY A5299B

Summary

Authorizes the mental health care and treatment of injured employees by licensed clinical social workers under the workers' compensation program.

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Bill Details

Versions:
S2360
S2360A
S2360B
Legislative Cycle:
2013-2014
Law Section:
Workers' Compensation Law
Laws Affected:
Add ยง13-p, Work Comp L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3056
2009-2010: S3465A
2007-2008: S1623

Votes

12
1
12
Aye
1
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S2360A

TITLE OF BILL: An act to amend the workers' compensation law, in
relation to the care and treatment of injured employees by certain
licensed clinical social workers

PURPOSE: The bill authorizes the care and treatment of injured
employees by licensed clinical social workers under the workers'
compensation program. The expansion of qualified mental health
providers available to deliver permitted psychotherapeutic treatment
will afford injured workers greater access to care and more provider
options across New York State.

SUMMARY OF PROVISIONS:

Section 2 amends the workers' compensation law by adding a new section
13-p to include licensed clinical social workers as eligible providers
of treatment under the workers' compensation program.

JUSTIFICATION: Currently, the only providers under the workers'
compensation Law that may deliver mental health services to injured
workers are physicians and licensed psychologists. Lack of access to
qualified mental health care providers can prolong an injured workers'
return to work.

The state education department website lists the total number of
registered licensed psychologists, licensed clinical social workers
and licensed master social workers. In each county listed, the total
number of licensed social workers outnumbers psychologists at least
eight to one. An extreme example is Wyoming County. Wyoming County is
596 square miles and largely rural with scattered small towns. It has
a population of 43,424, of which there is only one licensed
psychologist. By allowing clinical social workers to provide services
which squarely lie within their scope of practice, the availability of
service providers in Wyoming County could potentially increase by lap
to 400%, greatly increasing the pool of culturally competent mental
health providers as well as treatment options for injured workers. It
may also address geographic issues such as an injured worker who may
not be inclined to travel 100 miles to receive services, but by
increasing options, he or she may only have to travel 10 minutes,
increasing accessibility, and increasing the probability that those
who needs service will seek and utilize them.

On December 22, 2005, the Honorable Judge Budd Goodman presiding in
the New York County Supreme Court of the State of Hew York issued a
decision that clarified that licensed clinical social workers, and
licensed psychologists share the equivalent scopes of practice and
professional functions.

New York State has a long history of providing health care consumers
with the freedom of choosing from a number of qualified health care
service providers. Currently, licensed.clinical social workers are
eligible to receive reimbursement for the mental health services they
provide to persons covered by (1) a variety of federal government
health insurance plans, including the Federal Employees Health
Benefits Program (FEHBF), which covers 10 million federal employees,
retirees and their dependents, the Civilian Health and Medical Program


of the Uniformed Services (CHAMPUS) which is now referred to as
Tricare and serves approximately 5.5 million beneficiaries, and
Medicare, which has authorized clinical social workers to provide
mental health services since 1990 and (2) essentially all managed
behavioral health plans regionally and nationally as well as all group
insurance plans in New York State. As such, licensed clinical social
workers are currently eligible providers of mental health services to
federal and state employees, and the dependents of military personnel
stationed in New York, as well as to the many citizens of our state
whose medial expenses are covered by managed behavioral and group
health insurance plans.

This bill would grant the same access to mental health service
providers for job-related injuries under the workers' compensation Law
that is now available for an insured individual's non job-related
injuries. Many rural and inner city areas throughout New York are
continuously struggling with a lack of accessible and qualified
providers of mental health services. This bill assists the injured
workers in the shortage areas throughout the state by affording them
the more accessible healthcare option of a licensed clinical social
worker.

Furthermore, this bill would not result in increased costs. The cost
of providing services to persons covered under New York's workers'
compensation system is a function of the number of patients who
require such care, not the number of covered professionals who may not
provide it.

Lastly, licensed clinical social workers have unique skills in
providing psychotherapeutic treatment within the context of the
patient's environment as well as utilizing community, family and other
social resources as an adjunct to treatment. it is this methodology
which may reduce workers' compensation costs by enhancing the process
of rehabilitating persons who suffer from work-related illnesses and
injuries, and returning them more quickly to gainful employment.

LEGISLATIVE HISTORY: 2012: A.1972-Referred to Labor 2011:
A.1972-Referred to Labor 2010: A.0395-A-Referred to Labor 2009:
A.0395-A-Referred to Labor 2008: A.5417 -Referred to Labor 2007:
A.5417 -Referred to Labor 2006: A.11164- Referred to Labor

FISCAL IMPLICATIONS: None.

EFFECTIVE: This act shall Lake effect on the one hundred eightieth
day after lt shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2360--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to amend the workers' compensation law, in relation to the care
  and treatment of injured employees by certain licensed clinical social
  workers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
the "injured workers assistance act".
  S 2. The workers' compensation law is amended by adding a new  section
13-p to read as follows:
  S  13-P.  CARE  AND TREATMENT OF INJURED EMPLOYEES BY CERTAIN LICENSED
CLINICAL SOCIAL WORKERS. 1. WHERE THE TERM "CLINICAL SOCIAL  WORKER"  IS
USED IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED
AND  REGISTERED AS A LICENSED CLINICAL SOCIAL WORKER PURSUANT TO ARTICLE
ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
  2. (A) AN INJURED EMPLOYEE, INJURED  UNDER  CIRCUMSTANCES  WHICH  MAKE
SUCH  AN INJURY COMPENSABLE UNDER THIS ARTICLE, MAY LAWFULLY BE TREATED,
UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN,  BY  A  LICENSED  CLINICAL
SOCIAL  WORKER AUTHORIZED BY THE CHAIR TO RENDER SOCIAL WORK CARE PURSU-
ANT TO THIS SECTION. SUCH SERVICES SHALL BE WITHIN THE SCOPE OF LICENSED
CLINICAL  SOCIAL  WORK  AS  DEFINED  IN  SUBDIVISION  TWO   OF   SECTION
SEVENTY-SEVEN HUNDRED ONE OF THE EDUCATION LAW.
  (B)  MEDICAL  BUREAUS,  MEDICAL  CENTERS JOINTLY OPERATED BY LABOR AND
MANAGEMENT REPRESENTATIVES, HOSPITALS AND HEALTH  MAINTENANCE  ORGANIZA-
TIONS, AUTHORIZED TO PROVIDE MEDICAL CARE PURSUANT TO SECTION THIRTEEN-C
OF  THIS  ARTICLE,  MAY  PROVIDE  CLINICAL  SOCIAL  WORK  SERVICES  WHEN
REQUIRED, UPON THE REFERRAL OF AN AUTHORIZED  PHYSICIAN,  PROVIDED  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06715-03-3

S. 2360--A                          2

CARE  IS RENDERED BY A DULY REGISTERED, LICENSED AND AUTHORIZED CLINICAL
SOCIAL WORKER AS REQUIRED BY THIS SECTION.
  (C)  A  LICENSED  CLINICAL SOCIAL WORKER RENDERING SERVICE PURSUANT TO
THIS SECTION SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND CLIN-
ICAL SOCIAL WORK TREATMENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMIT-
TED TO THE CHAIR ON SUCH FORMS AND  AT  SUCH  TIMES  AS  THE  CHAIR  MAY
REQUIRE.
  3.  A LICENSED CLINICAL SOCIAL WORKER WHO IS DESIROUS OF BEING AUTHOR-
IZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER  THIS  SECTION  SHALL
FILE  AN APPLICATION FOR AUTHORIZATION UNDER THIS SECTION WITH THE CLIN-
ICAL SOCIAL WORK  PRACTICE  COMMITTEE.  THE  APPLICANT  SHALL  AGREE  TO
REFRAIN  FROM  SUBSEQUENTLY  TREATING  FOR  REMUNERATION,  AS  A PRIVATE
PATIENT, ANY PERSON SEEKING CLINICAL SOCIAL WORK SERVICES, IN CONNECTION
WITH, OR AS A RESULT OF, ANY INJURY COMPENSABLE UNDER THIS  CHAPTER,  IF
HE  OR  SHE  HAS  BEEN  REMOVED FROM THE LIST OF CLINICAL SOCIAL WORKERS
AUTHORIZED TO RENDER SERVICES UNDER THIS CHAPTER. THIS  AGREEMENT  SHALL
RUN TO THE BENEFIT OF THE INJURED PERSON SO TREATED, AND SHALL BE AVAIL-
ABLE  AS  A  DEFENSE  IN  ANY  ACTION BY SUCH CLINICAL SOCIAL WORKER FOR
PAYMENT FOR TREATMENT RENDERED BY  SUCH  CLINICAL  SOCIAL  WORKER  AFTER
BEING  REMOVED  FROM  THE  LIST OF CLINICAL SOCIAL WORKERS AUTHORIZED TO
RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS  SECTION.  THE  CLINICAL
SOCIAL  WORK  PRACTICE  COMMITTEE,  IF  IT  DEEMS SUCH LICENSED CLINICAL
SOCIAL WORKER DULY QUALIFIED, SHALL RECOMMEND TO  THE  CHAIR  THAT  SUCH
PERSON  BE AUTHORIZED TO RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS
SECTION. SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO  THE  CHAIR  AND
SHALL  NOT  BE BINDING OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND ESTAB-
LISH A SCHEDULE FOR THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES
OF CHARGES AND FEES FOR CLINICAL SOCIAL WORK TREATMENT AND CARE,  TO  BE
DETERMINED IN ACCORDANCE WITH AND BE SUBJECT TO CHANGE PURSUANT TO RULES
PROMULGATED  BY  THE CHAIR. BEFORE PREPARING SUCH SCHEDULE FOR THE STATE
OR SCHEDULES FOR LIMITED LOCALITIES THE CHAIR SHALL REQUEST THE CLINICAL
SOCIAL WORK PRACTICE COMMITTEE TO SUBMIT TO SUCH CHAIR A REPORT  ON  THE
AMOUNT  OF REMUNERATION DEEMED BY SUCH COMMITTEE TO BE FAIR AND ADEQUATE
FOR THE TYPES OF CLINICAL SOCIAL WORK SERVICES TO BE RENDERED UNDER THIS
CHAPTER, BUT CONSIDERATION SHALL BE GIVEN TO THE VIEW  OF  OTHER  INTER-
ESTED  PARTIES.  THE  AMOUNTS PAYABLE BY THE EMPLOYER FOR SUCH TREATMENT
AND SERVICES SHALL BE THE FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
  4.  NO CLAIM FOR CLINICAL SOCIAL WORK  SERVICES  SHALL  BE  VALID  AND
ENFORCEABLE   AS   AGAINST  THE  EMPLOYER  OR  EMPLOYEES  UNLESS  WITHIN
FORTY-EIGHT HOURS FOLLOWING THE  FIRST  TREATMENT  THE  CLINICAL  SOCIAL
WORKER  GIVING  SUCH  CARE  OR  TREATMENT  FURNISHES TO THE EMPLOYER AND
DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY AND TREATMENT,
AND WITHIN FIFTEEN DAYS THEREAFTER A MORE COMPLETE REPORT AND SUBSEQUENT
THERETO PROGRESS REPORTS AS REQUESTED IN WRITING BY  THE  CHAIR,  BOARD,
EMPLOYER OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS
APART  OR AT LESS FREQUENT INTERVALS IF REQUESTED ON FORMS PRESCRIBED BY
THE CHAIR. THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES  WITHIN
THE DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE
TO DO SO.
  5.  FEES  FOR CLINICAL SOCIAL WORK SERVICES SHALL BE PAYABLE ONLY TO A
DULY LICENSED CLINICAL SOCIAL WORKER AS LICENSED IN ARTICLE ONE  HUNDRED
FIFTY-FOUR  OF  THE EDUCATION LAW, OR TO THE AGENT, EXECUTOR OR ADMINIS-
TRATOR OF THE  ESTATE  OF  SUCH  LICENSED  CLINICAL  SOCIAL  WORKER.  NO
LICENSED  CLINICAL  SOCIAL  WORKER RENDERING TREATMENT TO A COMPENSATION
CLAIMANT SHALL COLLECT OR RECEIVE A FEE FROM SUCH CLAIMANT  WITHIN  THIS

S. 2360--A                          3

STATE,  BUT SHALL HAVE RECOURSE FOR PAYMENT OF SERVICES RENDERED ONLY TO
THE EMPLOYER UNDER THE PROVISIONS OF THIS SECTION.
  6.  WHENEVER  HIS  OR  HER  ATTENDANCE  AT  A HEARING IS REQUIRED, THE
LICENSED CLINICAL SOCIAL WORKER OF THE INJURED EMPLOYEE SHALL  BE  ENTI-
TLED  TO RECEIVE A FEE FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE
BOARD, IN ADDITION TO ANY FEE PAYABLE UNDER SECTION EIGHT  THOUSAND  ONE
OF THE CIVIL PRACTICE LAW AND RULES.
  7. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER  BY  THE  LICENSED  CLINICAL  SOCIAL  WORKER WHO HAS TREATED AN
INJURED EMPLOYEE, SUCH EMPLOYER SHALL HAVE NOTIFIED THE CHAIR  AND  SUCH
CLINICAL  SOCIAL  WORKER IN WRITING THAT SUCH EMPLOYER DEMANDS AN IMPAR-
TIAL EXAMINATION OF THE FAIRNESS OF THE AMOUNT CLAIMED BY SUCH  CLINICAL
SOCIAL  WORKER  FOR  HIS OR HER SERVICES, THE RIGHT TO SUCH AN IMPARTIAL
EXAMINATION SHALL BE DEEMED TO BE WAIVED AND THE AMOUNT CLAIMED BY  SUCH
CLINICAL  SOCIAL  WORKER  SHALL  BE  DEEMED  TO BE THE FAIR VALUE OF THE
SERVICES RENDERED.  IF THE PARTIES FAIL TO AGREE AS TO THE  SOCIAL  WORK
CARE  RENDERED  UNDER  THIS  CHAPTER  TO A CLAIMANT, SUCH VALUE SHALL BE
DECIDED BY THE SOCIAL WORK PRACTICE COMMITTEE AND THE MAJORITY  DECISION
OF  SUCH  COMMITTEE SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE
OF THE SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY SUCH  BILL
OR  PART THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN AWARD FOR
BILLS RENDERED UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF
THIS ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE MANNER AS AN AWARD
OF COMPENSATION. THE CHAIR SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST
THE EMPLOYER FOR EACH SUCH AWARD MADE BY THE BOARD, WHICH SUM  SHALL  BE
PAID INTO THE STATE TREASURY.
  (B) WHERE A LICENSED CLINICAL SOCIAL WORKER'S BILL HAS BEEN DETERMINED
TO  BE  DUE AND OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,
THE BOARD MAY IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT
INTEREST PER MONTH PAYABLE TO THE LICENSED  CLINICAL  SOCIAL  WORKER  IN
ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
  (C)  THE  PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE  UNDER  THE  DECISION  OF
SUCH  COMMITTEE  OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER. THE
SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE  TREASURY  TO  REIM-
BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
  8.  WITHIN  THE  LIMITS  PRESCRIBED  BY THE EDUCATION LAW FOR LICENSED
CLINICAL SOCIAL WORK SERVICES, THE REPORT OR TESTIMONY OF AN  AUTHORIZED
CLINICAL  SOCIAL  WORKER CONCERNING THE CONDITION OF AN INJURED EMPLOYEE
AND TREATMENT THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND THE PROFES-
SIONAL OPINION OF THE LICENSED  CLINICAL  SOCIAL  WORKER  AS  TO  CAUSAL
RELATION  AND  AS  TO  REQUIRED  TREATMENT SHALL BE DEEMED COMPETENT BUT
SHALL NOT BE CONTROLLING. NOTHING IN THIS SECTION  SHALL  BE  DEEMED  TO
DEPRIVE  ANY  EMPLOYER  OR  INSURANCE  CARRIER OF ANY RIGHT TO A MEDICAL
EXAMINATION OR PRESENTATION OF MEDICAL TESTIMONY NOW CONFERRED BY LAW.
  9. THE CHAIR SHALL PROMULGATE RULES  GOVERNING  THE  PROCEDURE  TO  BE
FOLLOWED  BY  THOSE  RENDERING  CLINICAL SOCIAL WORK SERVICES UNDER THIS
SECTION, WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM  TO  THE  RULES
PRESENTLY  IN  EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIM-
ANTS IN WORKERS' COMPENSATION. IN CONNECTION WITH  THE  PROMULGATION  OF
SUCH  RULES  THE  CHAIR  MAY  CONSULT  THE CLINICAL SOCIAL WORK PRACTICE
COMMITTEE AND MAY TAKE INTO CONSIDERATION THE VIEW OF  OTHER  INTERESTED
PARTIES.
  10.  THE  CHAIR  SHALL APPOINT FOR AND WITH JURISDICTION IN THE ENTIRE
STATE OF NEW YORK A  SINGLE  CLINICAL  SOCIAL  WORK  PRACTICE  COMMITTEE
COMPOSED  OF TWO CLINICAL LICENSED SOCIAL WORKERS, AND ONE DULY LICENSED

S. 2360--A                          4

PHYSICIAN OF THE STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE  SHALL
RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
BE  FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF SUCH
LICENSED  CLINICAL  SOCIAL WORKERS SHALL BE DESIGNATED BY THE CHAIR AS A
CHAIR OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE. NO MEMBER OF SUCH
COMMITTEE SHALL RENDER CLINICAL SOCIAL WORK SERVICES UNDER THIS  SECTION
NOR  BE  AN EMPLOYER OR ACCEPT OR PARTICIPATE IN ANY FEE FROM ANY INSUR-
ANCE COMPANY AUTHORIZED TO WRITE WORKERS' COMPENSATION INSURANCE IN THIS
STATE OR FROM ANY SELF-INSURER, WHETHER SUCH EMPLOYMENT OR  FEE  RELATES
TO  A  WORKERS'  COMPENSATION  CLAIM OR OTHERWISE. THE ATTORNEY GENERAL,
UPON REQUEST, SHALL ADVISE AND ASSIST SUCH COMMITTEE.
  11. THE CLINICAL SOCIAL WORK  PRACTICE  COMMITTEE  SHALL  INVESTIGATE,
HEAR AND MAKE FINDINGS WITH RESPECT TO ALL CHARGES AS TO PROFESSIONAL OR
OTHER MISCONDUCT OF ANY AUTHORIZED CLINICAL SOCIAL WORKER AS PROVIDED IN
THIS  SECTION  UNDER  RULES AND PROCEDURES TO BE PRESCRIBED BY THE CHAIR
AND SHALL REPORT EVIDENCE OF SUCH MISCONDUCT, WITH  THEIR  FINDINGS  AND
RECOMMENDATIONS WITH RESPECT THERETO, TO THE CHAIR.  THE FINDINGS, DECI-
SION  AND RECOMMENDATION OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE
SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLU-
SIVE UPON HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST  OF  LICENSED
CLINICAL  SOCIAL  WORKERS  AUTHORIZED  TO  RENDER  CLINICAL  SOCIAL WORK
SERVICES UNDER THIS CHAPTER THE NAME OF ANY CLINICAL SOCIAL  WORKER  WHO
HE  OR  SHE  SHALL  FIND  AFTER REASONABLE INVESTIGATION IS DISQUALIFIED
BECAUSE SUCH CLINICAL SOCIAL WORKER:
  (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
CY IN CONNECTION WITH THE RENDERING OF CLINICAL SOCIAL WORK SERVICES,
  (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
RENDERING CLINICAL SOCIAL WORK SERVICES UNDER THE LAW, OR HAS MADE FALSE
STATEMENTS  REGARDING  QUALIFICATIONS  IN  THE  APPLICATION FOR AUTHORI-
ZATION,
  (C) HAS FAILED TO SUBMIT TIMELY, FULL  AND  TRUTHFUL  CLINICAL  SOCIAL
WORK  EVALUATION  AND  TREATMENT REPORTS OF ALL FINDINGS TO THE EMPLOYER
AND DIRECTLY TO THE CHAIR OF THE BOARD WITHIN THE TIME  LIMITS  PROVIDED
IN THIS SECTION,
  (D)  HAS  RENDERED  CLINICAL SOCIAL WORKER SERVICES UNDER THIS CHAPTER
FOR A FEE LESS THAN THAT FIXED IN THE FEE SCHEDULE,
  (E)  HAS  SOLICITED  OR  HAS   EMPLOYED   ANOTHER   TO   SOLICIT   FOR
HIMSELF/HERSELF  OR  FOR  ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR
CARE OF AN INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER,
  (F) HAS REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST OF THE  CHAIR,
BOARD,  CLINICAL  SOCIAL  WORK PRACTICE COMMITTEE OR ANY DULY AUTHORIZED
OFFICER OF THE STATE, ANY LEGAL QUESTION OR PRODUCE ANY RELEVANT BOOK OR
PAPER CONCERNING CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR
  (G) HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED  IN
THE DIVISION, TRANSFERENCE, ASSIGNMENT, REBATING, SPLITTING OR REFUNDING
OF A FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PROF-
ITED  BY  MEANS  OF  A  CREDIT  OR OTHERWISE VALUABLE CONSIDERATION AS A
COMMISSION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT  OF  A
WORKERS' COMPENSATION CLAIMANT.
  12. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION ELEVEN OF THIS SECTION  SHALL
BE GUILTY OF A MISDEMEANOR.
  13.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
MISCONDUCT,  EITHER BEFORE OR AFTER INVESTIGATION BY THE CLINICAL SOCIAL

S. 2360--A                          5

WORK PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND THE AUTHORIZATION  OF
ANY  LICENSED  CLINICAL  SOCIAL  WORKER  BELIEVED  TO  BE GUILTY OF SUCH
MISCONDUCT. THE PROVISIONS OF SUBDIVISION ONE OF SECTION  THIRTEEN-D  OF
THIS  ARTICLE  WHICH  ARE  NOT  INCONSISTENT WITH THE PROVISIONS OF THIS
SECTION SHALL BE APPLICABLE AS IF FULLY SET FORTH IN THIS SECTION.
  14. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT  CLINICAL  SOCIAL
WORKERS  WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPO-
RATION FROM POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIP,
PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS  THEREOF,
FOR  PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN  ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules and regulations necessary  to  implement
the  provisions  of  this act on its effective date are authorized to be
made on or before such effective date.

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