N.D. Admin. Code Title 75.5 — Social Work Examiners, Board of

Article 75.5-01 General Administration

Chapter 75.5-01-01 Organization of Board of Social Work Examiners

N.D. Admin. Code 75.5-01-01 Organization of Board of Social Work Examiners

ARTICLE 75.5-01

GENERAL ADMINISTRATION

Chapter 75.5-01-01Organization of Board of Social Work Examiners

CHAPTER 75.5-01-01

ORGANIZATION OF BOARD OF SOCIAL WORK EXAMINERS

Section 75.5-01-01-01Organization and Functions of the Board of Social Work Examiners 75.5-01-01-01. Organization and functions of the board of social work examiners.

1.History. The 1983 legislative assembly passed comprehensive licensing legislation for the social work profession. This Act has been codified as North Dakota Century Code chapter 43-41. The governor appoints a six-member board, with the members serving staggered three-year terms.

Between 1983 and 1985, persons proving to be practicing social work or determined to be a past or future employee doing social work as affirmed by an employer were allowed a waiver of the baccalaureate degree or licensure requirements. Eligible persons were North Dakota residents practicing social work in North Dakota or another state, and non-North Dakota residents engaged in the practice of social work in another state but offered a social work position in North Dakota.

2.Functions. The board of social work examiners or its authorized representative is responsible for licensing qualified applicants to practice social work and to ensure that licensees comply with the laws and regulations governing that practice.

3.Inquiries. Request for information concerning the licensing of social workers may be made to:

North Dakota Board of Social Work Examiners P.O. Box 914 Bismarck, ND 58502-0914 Telephone: (701) 222-0255 Facsimile: (701) 224-9824

History: Effective January 1, 1987; amended effective January 1, 1992; June 1,1994; April 1, 1998.

General Authority: NDCC 28-32-02.1

Law Implemented: NDCC 28-32-02.1

Article 75.5-02 Licensure

Chapter 75.5-02-01 Interpretive Rules

N.D. Admin. Code 75.5-02-01 Interpretive Rules

ARTICLE 75.5-02

LICENSURE

Chapter 75.5-02-01Interpretive Rules 75.5-02-02Waiver of Baccalaureate Degree and License Examination Requirements [Repealed] 75.5-02-03The Licensing Process 75.5-02-04Private Practice and Third-Party Payment 75.5-02-05Reciprocity 75.5-02-06Code of Ethics [Repealed] 75.5-02-06.1Code of Ethics 75.5-02-07Disciplinary Action

CHAPTER 75.5-02-01

INTERPRETIVE RULES

Section 75.5-02-01-01Social Work Practice [Repealed] 75.5-02-01-02Accredited College or University 75.5-02-01-03Definitions 75.5-02-01-01. Social work practice.

Repealed effective April 1, 1998. 75.5-02-01-02. Accredited college or university.

With regard to the statutory requirement set forth in North Dakota Century Code section 43-41-04, that an applicant for a social work license must earn a degree from a college or university whose social work program has been accredited by an accrediting body approved by the board, the following programs meet the accreditation requirement:

1.Programs currently accredited.

2.Programs in initial accreditation review status.

3.Programs in approved candidacy status.

4.Programs in conditional accreditation status.

History: Effective January 1, 1987; amended effective June 1, 1991; April 1, 1998; February 1, 2004.

General Authority: NDCC 43-41-09

Law Implemented: NDCC 43-41-04 75.5-02-01-03. Definitions.

As used in this title, 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 social work practice" means the professional 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, and groups. The practice of clinical social work requires specialized clinical knowledge and advanced clinical skills in the area of assessment, diagnosis, and treatment of mental, emotional, and behavioral disorder, conditions, and addictions. Treatment methods include the provision of individual, marital, couple, family, and group psychotherapy.

4."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.

5."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.

6."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.

7."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.

8."Face-to-face supervision" means a direct, interactive, live exchange, either in person, by telephone, or by audio or audiovisual electronic device in either individual or group supervision.

9."Group supervision" means one supervisor and more than one supervisee, including health professionals in related professions. Group supervision is facilitated by the supervisor and involves an exchange among all group members. The size of the group shall be limited to seven, including the supervisor.

10."Individual supervision" means one supervisor and one supervisee.

11."Licensed baccalaureate social worker" means an individual licensed under this chapter to practice baccalaureate social work.

12."Licensed clinical social worker" means an individual licensed under this chapter to practice clinical social work.

13."Licensed master social worker" means an individual licensed under this chapter to practice masters social work.

14."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.

15."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.

16."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.

17."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 consists 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 master's 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.

History: Effective February 1, 2004; amended effective April 1, 2012; April 1, 2021.

General Authority: NDCC 43-41-09

Law Implemented: NDCC 43-41-04

Chapter 75.5-02-02 Waiver of Baccalaureate Degree and License Examination Requirements [Repealed]

N.D. Admin. Code 75.5-02-02 Waiver of Baccalaureate Degree and License Examination Requirements [Repealed]

CHAPTER 75.5-02-02

WAIVER OF BACCALAUREATE DEGREE AND LICENSE EXAMINATION REQUIREMENTS [Repealed effective April 1, 1998]

Chapter 75.5-02-03 The Licensing Process

N.D. Admin. Code 75.5-02-03 The Licensing Process

CHAPTER 75.5-02-03

THE LICENSING PROCESS

Section 75.5-02-03-01Application 75.5-02-03-02License Examination 75.5-02-03-03License Fees 75.5-02-03-03.1Failure to Complete Licensure Requirements 75.5-02-03-04Provisional Licenses [Repealed] 75.5-02-03-04.1Supervision of Applicants for Licensure as a Licensed Clinical Social Worker 75.5-02-03-05License Renewal 75.5-02-03-06Procedure for Inactive Licenses [Repealed] 75.5-02-03-07Continuing Education Requirements 75.5-02-03-01. Application.

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.

Requests for application forms must be made with the board's office. Applications for initial licensure, except licensure of applicants licensed in another jurisdiction, must include:

1.A completed, signed application form.

2.An official transcript showing proof of required degree submitted to the board's office by the academic institution from which the degree was earned.

3.Proof of successful completion of the appropriate examination submitted to the board's office by the administrating body of the examination.

4.For applicants for licensed clinical social worker, a completed verification of a doctorate or a master's degree in social work and have successfully completed supervised practice form and verification of social work employment form.

5.A minimum of three written references providing evidence of the applicant meeting the requirements for professional conduct and competence required under the licensing act.

a.Applicants never having worked as a social worker must submit one reference from a social work faculty member, one reference from a field placement supervisor, and one reference from a licensed social worker.

b.All other applicants must submit three references - two from social workers at the applicant's proposed level of licensure or higher, and one from a work supervisor. All providers of references must be familiar with the applicant's work.

c.In appropriate circumstances, the board may waive or change the requirements for references.

6.Completion of a nationwide criminal history record check must be conducted in the manner provided in North Dakota Century Code section 12-60-24. All costs associated with obtaining a background check are the responsibility of the applicant.

7.Completion of child abuse and neglect background inquiry. All costs associated with obtaining the reports are the responsibility of the applicant or licensee.

8.The proper fees.

It is the applicant's responsibility to distribute the forms to the appropriate individuals.

History: Effective January 1, 1987; amended effective April 1, 1998; February 1, 2004; April 1, 2021.

Law Implemented: NDCC 43-41-04 75.5-02-03-02. License examination.

1.The license examination must be approved by the board. A passing examination score is valid only if the licensure application is postmarked or delivered to the board's office within one year from the date of the examination. The board shall certify the eligibility of all applicants and determine uniform passing and failing cutoff points.

2.Students currently enrolled and in good standing in accredited social work programs may apply for and take the appropriate examination during the semester or quarter in which they will graduate. A license may not be granted until proof of graduation is received by the board.

3.With the exception of students in good standing in the last semester or quarter of an accredited social work program, only applicants who meet the educational requirements of a baccalaureate or graduate degree in social work from an accredited social work program may take the qualifying examination.

4.An applicant who fails the examination may retake the examination after ninety days from the initial examination date.

History: Effective January 1, 1987; amended effective June 1, 1991; April 1, 1998; February 1, 2004;

April 1, 2021.

Law Implemented: NDCC 43-41-04, 43-41-09 75.5-02-03-03. License fees.

The board adopts the following fee schedule:

Application fee$25 (nonrefundable)

Initial license fee$75 Renewals$75 Late renewal fee (includes renewal fee)$150 Licensure upgrade fee$25 Continuing education fees Individual licenseholder$10 Program approval$25 Provider approval$100 Administrative fees Licensee list$100 Nonsufficient funds feeAs permitted by state statute

History: Effective January 1, 1987; amended effective June 1, 1991; April 1, 1998; August 1, 2003;

February 1, 2004.

General Authority: NDCC 43-41-04.1, 43-41-09

Law Implemented: NDCC 43-41-04.1, 43-41-09 75.5-02-03-03.1. Failure to complete licensure requirements.

If the applicant fails to meet the requirements for licensure within one year, the applicant must submit a new application.

History: Effective February 1, 2004.

Law Implemented: NDCC 43-41-09 75.5-02-03-04. Provisional licenses.

Repealed effective April 1, 1998. 75.5-02-03-04.1. Supervision of applicants for licensure as a licensed clinical social worker.

1.The applicant for licensure as a licensed clinical social worker must submit a plan for supervision to the board's office prior to beginning the process of working toward licensed clinical social work status, to include the name of the proposed supervisor and a copy of the supervisor's license. Should the supervisor change, a new plan must be submitted to the board's office by the applicant.

2.The applicants must participate in a minimum of one hundred fifty hours of face-to-face clinical supervision with a supervisor approved by the board. Not more than fifty hours of supervision may be group supervision.

3.The applicant must maintain a record of supervision hours, including dates, time, and content of supervisory sessions, should the board request same for verification purposes.

4.The applicant must complete and document a minimum of three thousand hours of supervised clinical social work experience during the four-year post-master's degree period.

5.The clinical supervisor must:

a.Evaluate the supervisee's knowledge and document minimal competencies in the areas of an identified theory base, application of a differential diagnosis, establishing and monitoring a treatment plan, development and appropriate use of the professional relationship, assessing the client for risk of imminent danger, and implementing a professional and ethical relationship with clients and colleagues.

b.Provide individual or group, or individual and group, face-to-face supervision.

c.Maintain documentation of supervision, including date, time, and content of supervisory sessions.

History: Effective February 1, 2004; amended effective April 1, 2012; April 1, 2021.

Law Implemented: NDCC 43-41-09 75.5-02-03-05. License renewal.

All licenses expire on December thirty-first of every odd-numbered year. On or before October sixteenth of every odd-numbered year, the board will send a notice of renewal and an application for renewal to each licensee at the last address provided to the board by each licensee. A completed application for renewal must be postmarked or delivered to the board's office on or before November fifteenth of the odd-numbered year. If a completed application is not postmarked or delivered to the board's office on or before November fifteenth of the odd-numbered year, the applicant must pay the late fee.

If a completed application for renewal is not received by the board's office on or before December thirty-first of the odd-numbered year, the license expires, and the person may not practice social work until a new application for initial licensure is made and license is granted by the board.

The board may waive the late fee or extend the expiration date for any applicant having proof of medical or other hardship rendering the applicant unable to timely file a completed application. A completed application for renewal must include:

1.Completed and signed renewal application form.

2.The license renewal fee.

3.Verification of required continuing education.

History: Effective January 1, 1987; amended effective April 1, 1998; February 1, 2004.

Law Implemented: NDCC 43-41-12 75.5-02-03-06. Procedure for inactive licenses.

Repealed effective April 1, 1998. 75.5-02-03-07. Continuing education requirements.

1.A social work practitioner licensed in North Dakota must complete thirty approved continuing education contact hours for the two-year licensing period to maintain licensure in North Dakota. No more than ten hours may be completed by independent learning which may include activities like online studies without live interaction. At least two hours must concern social work ethics.

a.Fifteen approved continuing education hours are required if a social worker is initially licensed between January first and June thirtieth of the odd-numbered year.

b.No continuing education hours are required if a social worker is initially licensed on or after July first of an odd-numbered year.

c.Continuing education hours cannot be earned until after the license effective date and only within the current licensing period.

d.Continuing education hours may only be applied to one licensing period.

2.Board-approved continuing education course content must enhance the social worker's professional competence and relate to:

a.Theories and concepts of human behavior and the social environment;

b.Social work knowledge and skills;

c.Social work research or practice evaluation;

d.Social work ethics; or

e.Cross-disciplinary courses directly relevant to social work practice or specialty.

3.Approved continuing education may include:

a.Workshops, professional conferences, seminars, and educational programs or courses presented by providers approved by the board. The continuing education presented by approved providers must comply with subsection 2.

b.Formal academic coursework. One semester credit hour class is equal to fifteen contact hours.

c.Program presentation by licensee for which the licensee may receive hour-per-hour contact hours but only for one presentation of the same program.

History: Effective April 1, 1998; amended effective February 1, 2004; April 1, 2012; April 1, 2021.

Law Implemented: NDCC 43-41-09, 43-41-12

Chapter 75.5-02-04 Private Practice and Third-Party Payment

N.D. Admin. Code 75.5-02-04 Private Practice and Third-Party Payment

CHAPTER 75.5-02-04

PRIVATE PRACTICE AND THIRD-PARTY PAYMENT

Section 75.5-02-04-01Activities Constituting the Private Practice of Social Work 75.5-02-04-02Application for Registration [Repealed] 75.5-02-04-01. Activities constituting the private practice of social work.

Only those individuals licensed in North Dakota at the licensed clinical social work level may engage in the private practice of social work. Pursuant to North Dakota Century Code section 43-41-05, the following criteria will be applied:

1.A private practitioner of social work on either a full- or part-time basis, is responsible for that person's own practice, exercises sole responsibility for the client, establishes conditions of exchange with clients, and identifies oneself as a social worker in offering services.

2.Services provided by a social worker are not considered private practice unless those services are provided independent of any supervising or sponsoring organization, or are provided within a private agency framework where the social worker is a partner or shareholder, and a fee is collected from or on behalf of the client.

3.If the social worker provides a continuation of services following termination of services to the client by the employing agency, the social worker must be considered to be in private practice unless the followup service is expressly designated as part of the social worker's responsibilities and the sponsoring agency or organization retains responsibility for the services that are provided.

History: Effective January 1, 1987; amended effective April 1, 1998; April 1, 2021.

General Authority: NDCC 43-41-09

Law Implemented: NDCC 43-41-05 75.5-02-04-02. Application for registration.

Repealed effective April 1, 1998.

Chapter 75.5-02-05 Reciprocity

N.D. Admin. Code 75.5-02-05 Reciprocity

CHAPTER 75.5-02-05

RECIPROCITY

Section 75.5-02-05-01Reciprocity 75.5-02-05-02Military Spouse Reciprocity 75.5-02-05-01. Reciprocity.

An applicant for a license pursuant to North Dakota Century Code section 43-41-07 must include:

1.A completed, signed application for licensure;

2.Proof, submitted by another jurisdiction, that the applicant holds a current license that is not issued on a temporary or restricted basis, is not encumbered or on probation, and is not suspended or revoked;

3.A copy of the other jurisdiction's law and rules setting forth the qualifications for licensure in the other jurisdiction at the time the applicant was initially licensed in the other jurisdiction.

Under unusual circumstances, this may be waived by the board; and

4.Any additional information requested by the board.

History: Effective January 1, 1987; amended effective April 1, 1998; February 1, 2004.

General Authority: NDCC 43-41-09

Law Implemented: NDCC 43-41-09 75.5-02-05-02. Military spouse reciprocity.

1.The board shall license an individual that meets the definition of military spouse set forth in North Dakota Century Code section 43-51-01 who meet the following requirements:

a.The military spouse demonstrates competency in social work through methods or standards determined by the board which must include experience in social work for at least two of the four years preceding application; and

b.The board determines the issuance of the licensee will not substantially increase risk of harm to the public.

2.The board shall require the submission of any information it deems necessary to assist it in making its determination. The board may deny a license if the board determines the applicant does not meet the above requirements. If the board determines the applicant substantially meets the above requirements, the board may issue a provisional license. A provisional license must be granted automatically by the board if the board does not deny or grant the application or a license within thirty days of application. The board may place conditions on any license or provisional license. Military spouses may not be assessed fees for the initial issuance of a license or provisional license under this section. A provisional license may be valid for up to two years. Provisional licenses expire:

a.If the board issues a standard, nonprovisional license.

b.If the board denies the application.

c.On the expiration date provided by the board for the provisional license.

d.If the board revokes the provisional license to protect the public safety.

e.If the application fails to meet any steps or conditions the board placed on the provisional license at the discretion of the board.

History: Effective April 1, 2021.

General Authority: NDCC 43-51-11.1

Law Implemented: NDCC 43-51-11.1

Chapter 75.5-02-06 Code of Ethics [Repealed]

N.D. Admin. Code 75.5-02-06 Code of Ethics [Repealed]

CHAPTER 75.5-02-06

CODE OF ETHICS [Repealed effective April 1, 1998]

Chapter 75.5-02-06.1 Code of Ethics

N.D. Admin. Code 75.5-02-06.1 Code of Ethics

CHAPTER 75.5-02-06.1

CODE OF ETHICS

Section 75.5-02-06.1-01Ethical Responsibilities to Clients 75.5-02-06.1-02Ethical Responsibilities to Colleagues [Repealed] 75.5-02-06.1-03Ethical Responsibilities in Practice Settings [Repealed] 75.5-02-06.1-04Ethical Responsibilities as Professionals [Repealed] 75.5-02-06.1-05Ethical Responsibilities to the Social Work Profession [Repealed] 75.5-02-06.1-01. Ethical responsibilities to clients.

The board adopts the national association of social workers 2017 code of ethics.

In addition to the ethical responsibilities under the national association of social workers 2017 code of ethics, it is a violation of the code of ethics for a social worker licensed by the board to engage in any practices or treatments that attempt to change or repair the sexual orientation or gender identity of lesbian, gay, bisexual, transgender, and questioning individuals, commonly referred to as conversion or reparative therapy.

As used in this section, "conversion therapy" means any practices or treatments that seek to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion or reparative therapy does not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation or gender identity.

History: Effective April 1, 1998; amended effective April 1, 2021.

General Authority: NDCC 43-41-09

Law Implemented: NDCC 43-41-09 75.5-02-06.1-02. Ethical responsibilities to colleagues. 75.5-02-06.1-03. Ethical responsibilities in practice settings. 75.5-02-06.1-04. Ethical responsibilities as professionals. 75.5-02-06.1-05. Ethical responsibilities to the social work profession.

Chapter 75.5-02-07 Disciplinary Action

N.D. Admin. Code 75.5-02-07 Disciplinary Action

CHAPTER 75.5-02-07

DISCIPLINARY ACTION

Section 75.5-02-07-01Release of Sanctions 75.5-02-07-01. Release of sanctions.

When the board places on probation, suspends, or revokes a license, the board shall provide a public notice of such actions in order to further the cause of consumer protection. Such public notice must specify the name of the licensee, action taken and code violations. Public notice must include publication in the official newsletter of the board, notification of the known licensee's employers, notification of DARS, and a news release issued to the major regional newspaper where the licensee maintains an office.

History: Effective April 1, 1998.

General Authority: NDCC 43-41-09

Law Implemented: NDCC 43-41-09