An Act Regarding Social Worker and Human Service Provider Licensure
Maine Legislature, Session 121, LD 0258
Committee: Business, Research and Economic Development
Sponsors: LA VERRIERE-BOUCHER, BROMLEY, DUDLEY, KANE, PINGREE, SIMPSON, SUSLOVIC, HATCH
Amends: 32 MRSA §7001-A, 32 MRSA §7002, 32 MRSA §7004, 32 MRSA §700, 32 MRSA §7026, 32 MRSA §7027, 32 MRSA §7051, 32 MRSA §7053, 32 MRSA §7053-A, 32 MRSA §70, 32 MRSA §7056, 5 MRSA §12004, 22 MRSA §3477, 22 MRSA §4011-A

Legislative Document 
No. 258 
H.P.213 
House of Representatives, January 23,2003 
An Act Regarding Social Worker and Human Service Provider 
Licensure 
(EMERGENCY) 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
17/~/J7·mu~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LA VERRIERE-BOUCHER of Biddeford. 
Cosponsored by Senator BROMLEY of Cumberland and 
Representatives: DUDLEY of Portland, HUlTON of Bowdoinham, KANE of Saco, 
PINGREE of North Haven, SIMPSON of Auburn, SUSLOVIC of Portland, Senator: HATCH 
of Somerset. 
Printed on recycled paper 
Emergency preamble. Whereas. Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, social worker licensure has undergone change in the 
last few years and requires further amendment prior to July L 
2003 
in order to provide the public with information about 
professional qualifications; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 32 MRSA c. 83, is amended by repealing the chapter 
headnote and enacting the following in its place: 
CHAPTER 83 
SOCIAL WORKERS AND HUMAN SERVICE PROVIDERS 
Sec. A-2. 32 MRSA §7001-A. sub-§2, as amended by PL 1987, c. 
395, Pt. B, §10, is further amended to read: 
2. 
Board. "Board" is the State Board of Social Worker and 
Human Service Provider Licensure. 
Sec. A-3. 32 MRSA §7001-A, sub-§5, as enac ted by PL 1985, c. 
736, §2, is amended to read: 
5. 
Consultation. 
"Consultation" 
is 
face-to-face case discussion and evaluation 
goals 
and 
objectives 
from 
the 
social 
licensed human service provider's practice. 
regularly 
SCheduled 
focusing on raw data, 
worker's 
practice 
or 
Sec. A-4. 32 MRSA §7001-A, sub-§6-A is enacted to read: 
A. 
Licensed human 
service provider. 
"Licensed 
human 
service provider" means a person licensed by the board for the 
purpose 
of 
conducting 
basic 
data 
gathering 
of 
records 
and 
specific life issues of individuals and families; assessing data 
and formulating and implementing plans to achieve specific goals 
related to specific life issues; 
serving as 
an advocate for 
clients 
or 
groups 
of 
clients 
for 
the 
purpose 
of 
achieving 
specific 
goals 
relating 
to 
specific 
life 
issues; 
referring 
clients to other professional services; and planning, managing, 
directing and coordinating social services for clients. 
Sec. A·5. 32 MRSA §7002, first 1f, as repealed and replaced by 
PL 1985, c. 736, §3, is amended to read: 
Notwithstanding Title l7-A, 
section 4-A, 
any person who 
makes a representation to the public or uses the title of social 
worker, 
unless licensed by the board T 
as 
a 
licensed clinical 
social worker, licensed master social worker, certified social 
worker or a 
licensed social worker, 
slla~-l--ae or who makes 
a 
representation to the public or uses the title of licensed human 
service provider, unless licensed by the board is subject to a 
fine of not less than $50 
nor 
more 
than $500. 
Any 
person 
performing the functions of a social worker or licensed human 
service provider as a part of a profession or occupation or in a 
voluntary capacity is not subject to this section. 
Sec. A·6. 32 MRSA §7004, as amended by PL 1979, c. 96, §6, is 
further amended to read: 
§7004. 
Services to minors for drug abuse 
Any person certified under this chapter who renders social 
work or human service provider services to a minor for problems 
associated with 
the 
abuse 
of 
drugs 
or 
alcohol 
is 
under 
no 
obligation to obtain the 
consent of that minor's parent or 
guardian or to inform that parent or guardian of the treatment. 
Nothing in this section slla±± may be construed so as to prohibit 
the licensed person rendering this treatment from informing that 
parent or guardian. 
For purposes of this section, 
"abuse of 
drugs" 
means 
the 
use 
of 
drugs 
solely 
for 
their 
stimulant, 
depressant or hallucinogenic effect upon the higher functions of 
the 
central 
nervous 
system 
and 
not 
as 
a 
therapeutic 
agent 
recommended by a practitioner in the course of medical treatment. 
Sec. A·7. 32 MRSA §700S, as amended by PL 2001, c. 345, §9, 
is further amended to read: 
§7005. 
Communication between social workers or licensed human 
service providers and clients 
Except at the 
request of, 
or with the consent of, 
the 
client, 
Ae 
Q 
person licensed under this chapter 
may not be 
required to testify in any civil or criminal action, suit or 
proceeding at law or in equity respecting any information waiea 
ae that the person may have acquired in providing social work or 
human service provider services to the client in a professional 
and contractual capacity if that information was necessary to 
enable him to furnish professional social work services to the 
client. However, 
when the physical or mental condition of the 
client is an issue in that action, suit or proceeding or when a 
court in the exercise of sound discretion seems determines the 
disclosure necessary to the proper administration of justice, no 
information 
communicated 
to, 
or 
otherwise 
learned 
by, 
that 
licensed person in connection with the provision of social work 
or 
human 
service 
provider 
services 
may 
be 
privileged 
and 
disclosure may be required. 
Nothing in this section may prohibit disclosure by a person 
licensed under this chapter of information concerning a client 
when that disclosure is required by law and nothing in this 
section may modify or affect the provisions of Title 22, sections 
4011-A to 4015. 
Sec. A-8. 32 MRSA c. 83, sub-c. 2 is amended by repealing the 
subchapter headnote and enacting the following in its place: 
SUBCHAPTER 2 
STATE BOARD OF SOCIAL WORKER AND HUMAN 
SERVICE PROVIDER LICENSURE 
Sec. A-9. 32 MRSA §7026, as amended by PL 1993, c. 600, Pt. 
A, §258, is further amended to read: 
§1026. State Board of Social Worker and Human Service Provider 
Licensure 
The State Board of Social Worker and Human Service Provider 
Licensure, as established by Title 5, section 12004-A, subsection 
38, 
within 
the 
Department 
of 
Professional 
and 
Financial 
Regulation, 
shall 
administer 
this 
chapter. 
The 
board 
sHa±± 
eeasis~ consists of 1 
members 
appointed by the Governor. 
Three members of the board sHa±± must be licensed clinical social 
workers, 
licensed master 
social 
workers 
or 
certified social 
workers 
independent practice, at least one of whom must be 
practicing social work in a nonclinical setting; 2 sHa±± must be 
licensed 
social 
workers; 
must 
be 
licensed 
human 
service 
providers; and there sHa±± must be 2 public members. 
Each level 
of licensure shall must be represented on the board. In addition, 
board members 
sha±± who 
are licensed to provide social work 
services must meet the qualifications required under section 7027. 
Appointments are for 3-year terms. 
must comply with section 60. 
Appointments of members 
Sec. A-lO. 32 MRSA §7027, as amended by PL 1985, c. 736, §7, 
is further amended to read: 
§7027. Qualifications 
Members of the board saall must be residents of this State, 
and saall ~ 
be 
trustworthy 
and 
competent 
to fulfill 
the 
responsibilities imposed by this chapter. Each board member other 
than the public members saall and the licensed human service 
providers must have been engaged in the active practice of social 
work 
as 
a 
certified social worker 
independent practice or 
licensed clinical, licensed master or licensed social worker for 
not less than 5 years prior to appointment. 
The Governor may remove any member for cause. 
Sec. A-II. 32 MRSA c. 83, sub-c. 3 is amended by repealing the 
subchapter headnote and enacting the following in its place: 
SUBCHAPTER 3 
LICENSURE 
Sec. A-I2. 32 MRSA §7051. as amended by PL 1985, c. 736, §9, 
is further amended to read: 
§705l. Social worker license required 
In order to safeguard the life, health and welfare of the 
people of this State, 
any person practicing or offering to 
practice as a certified social worker -
independent practice or 
licensed clinical, 
licensed master or licensed social worker 
saa1-1--ee is required to submit evidence that ae the person is 
qualified to so practice and shall Be-±~eensee have a license as 
provided in this subchapter. 
The board may grant a 
conditional license to any person 
eligible to take the examination for licensure while waiting to 
sit for the examination or to any person who is waiting to retake 
the examination according to rules issued by the board. 
Sec. A-13. 32 MRSA §7053, as corrected by RR 2001, c. 1, §41, 
is amended by repealing and replacing the headnote to read: 
§7053. 
Qualifications for social worker licensure 
Sec. A-14. 32 MRSA §7053, 2nd 1J, as amended by PL 1985, c. 
736, §11, is further amended to read: 
The following saall must be considered as 
satisfactory to the board that an applicant 
licensure as a social worker under this chapter. 
minimum evidence 
is qualified for 
Sec. A-I5. 32 MRSA §7053-A, as amended by PL 2001, c. 316, 
§4, is further amended by repealing and replacing the headnote to 
read: 
§7053-A. Functions of licensed social worker 
Sec. A-I6. 32 MRSA §7053-A, sub-§4, as amended by PL 2001, c. 
316, §4, is further amended to read: 
4. 
Licensed social worker. A licensed social worker may: 
A. 
Engage 
in 
psychosocial 
evaluation, 
excluding 
the 
diagnosis and treatment of mental illness, and conduct basic 
data gathering of 
records 
and 
specific life issues 
of 
individuals, 
groups 
and 
families, 
assess 
this 
data 
and 
formulate and implement a plan to achieve specific goals 
related to specific life issues; 
B. 
Serve as an advocate for clients or 
for the purpose of achieving specific 
specific life issues; 
groups of clients 
goals relating to 
c. 
Refer clients to other professional services; 
D. 
Plan, manage, direct or coordinate social services; and 
E. 
Participate in trainina and education of social work 
students from an accredited institution or an educational 
institution in candidacy for accreditation with the Council 
on Social Work Education or a 
successor organization and 
supervise other licensed social workers. 
A licensed social worker saall may not engage in the private 
practice of social work, diagnose mental illness and emotional 
disorders or provide psychotherapy. A licensed social worker with 
less than 2 years' 
experience must receive consultation from 
either 
a 
licensed master social worker, 
a 
licensed clinical 
social 
worker 
9F L 
a 
certified 
social 
worker 
independent 
practice or a licensed social worker with 5 years' experience in 
a manner to be prescribed by the board on a group or individual 
basis 4 hours a month. Licensed social workers in health care 
facilities licensed by the Department of Human Services saall 
must 
receive consultation on 
a 
quarterly basis in 
a 
manner 
prescribed 
by 
the 
department. 
The 
department 
staff 
giving 
consultation to intermediate care facilities must 
be 
on 
the 
master or clinical level by January 1, 1993. 
Notwithstanding 
the 
provisions 
of 
this 
subsection, 
licensed 
social workers employed by the Department of Human Services saall 
I!!.Yll receive consultation in a manner to be prescribed by the 
department. 
State agencies employing social workers shall-Be are responsible 
for providing s~Fe~visieB consultation necessary for those social 
workers to maintain their licenses. 
Sec. A·I7. 32 MRSA §70S4·A, as amended by PL 1989, c. 296, 
§2, is further amended to read: 
§7054-A. Licensure as licensed social worker without examination 
A person holding a certificate of registration or license 
under the laws of another state, territory or possession of the 
United States, 
the District of 
Columbia 
or 
of 
any 
foreign 
country, which is the equivalent of a 
license as 
a 
licensed 
clinical, licensed master or licensed social worker under this 
chapter who, in the opinion of the board, meets the 
of 
this 
chapter, 
based 
upon 
verified 
evidence 
application, be licensed without further examination. 
requirements 
may, 
upon 
Any person registered by the board prior to the effective 
date of this section, under former section 7054, as a registered 
social 
worker 
or 
an 
associate 
social 
worker 
shall 
may 
automatically be licensed as a "licensed social worker" without 
further examination. 
Any person certified by the board prior to the effective 
date of this section or under former section 7054 as a certified 
social worker and who engages ln the independent practice of 
social work pursuant to section 7052 shall may be licensed as a 
"certified social worker -
independent practice" and may continue 
to practice social work as previously authorized. 
This person 
has the option to be licensed as 
a 
"licensed master social 
worker" without further examination if the person has a 
FRast,e~s-'-
master's degree in social work or social welfare. 
Any 
other 
person certified by 
the 
board prior 
to 
the 
effective date of this section or under former section 7054 as a 
certified social worker shall may automatically be licensed as a 
"licensed master social worker" without further examination and 
any person licensed as a "licensed clinical social worker" prior 
to the effective date of this section, under former section 7054, 
shall m.gy remain licensed as a "licensed clinical social worker" 
without further examination. 
Any person having received a 
FRast,e~s master's or doctoral 
degree 
in social work 
or social welfare 
from 
an accredited 
educational institution and having completed 5 years' experience 
prior to January 1, 1987, with 3 yea~s years' experience or its 
equivalent having been gained within 5 years of the date of 
application for licensure, sball may be automatically licensed as 
a "licensed master social worker." 
Sec. A-IS. 32 MRS A §70S4-C is enacted to read: 
§7054-C. 
Human service provider licensure 
The 
profession 
of 
licensed 
human 
service 
provider 
is 
subject to the provisions of this section. 
1. 
Qualifications. 
To 
be 
eligible 
for 
a 
license 
to 
practice as a human service provider. an applicant must be at 
least 
years 
of 
age 
and 
must 
satisfactorily 
pass 
any 
examination as 
the board 
may prescribe by its rules. 
Each 
applicant must 
demonstrate 
trustworthiness 
and 
competence 
to 
engage in the practice of human service work in a manner that 
safeguards the interests of the public. 
The following is considered as minimum evidence is satisfactory 
to the board that an applicant is gualified for licensure under 
this chapter as a human service provider: 
A. 
A bachelor's degree in social work. 
social welfare. 
sociology. psychology. human and behavioral sciences, social 
and behavioral sciences or related human or social science 
field from an accredited educational institution; 
B. 
Demonstration 
to 
the 
satisfaction of 
the 
board 
of 
adherence to the ethics of the human service profession; and 
c. 
Successful completion of the examination reguired by the 
board. 
2. 
Functions; 
restrictions. 
A 
licensed 
human 
service 
provider may engage in data gathering assessment and intervention 
to the extent permitted by this chapter to effect a change in the 
client system and may engage in community organization. social 
planning, administration and research and may otherwise perform 
the functions of a licensed human service provider as defined in 
section 
700l-A, 
subsection 
6-A. 
A 
licensed 
human 
service 
provider may not engage in the private practice of human service 
work. 
A licensed human service provider may not diagnose mental 
illness or emotional disorders or provide psychotherapy. 
3. 
Consultation. 
A licensed human service provider with 
less than 2 years' experience must receive consultation from a 
licensed master social worker, a licensed clinical social worker 
or a certified social worker 
independent practice. licensed 
social worker with 
years' 
experience or 
a 
licensed human 
service provider with 2 years' 
experience in a 
manner to be 
prescribed by the board on a group or individual basis for 4 
hours per month. 
A licensed human service provider who works in 
health care 
facilities 
licensed 
by 
the 
Department 
of 
Human 
Services must receive consultation on a quarterly basis in a 
manner 
prescribed 
by 
the 
department. 
Persons 
providing 
consultation to licensed human service providers who 
work in 
intermediate care facilities must be licensed as licensed master 
social 
workers 
or 
licensed 
clinical 
social 
workers. 
State 
agencies employing licensed human service providers shall provide 
the type of consultation necessary for those workers to maintain 
their licenses. 
4. 
Rules. 
The board shall adopt rules to implement this 
section. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
Sec. A-19. 32 MRSA §7056, as amended by PL 1987, c. 113, §2, 
is further amended to read: 
§7056. 
Application; fees 
Application for license as 
a 
licensed clinical, licensed 
master or licensed social worker SHall or licensed human service 
provider must be on a form prescribed and furnished by the board. 
An application fee and an examination fee may be established by 
the board in amounts wHieH that are reasonable and necessary for 
their respective purposes. 
All fees 
SHall must 
accompany 
the 
application. 
The 
license 
fee 
for 
a 
licensed social worker 
SHall or 
licensed human service provider must be established by the board 
in an amount not to exceed $70. 
The license fee for a licensed master social worker sHa±± 
must be established by the board in an amount not to exceed $110. 
The license fee for a licensed clinical social worker sHa±± 
must be established by the board in an amount not to exceed $175. 
Fees for initial and renewal licenses sHa±± must be set so 
that total fee receipts do not exceed the amount required to 
cover properly the expense of performing the duties imposed upon 
the board. 
If the 
board denies 
the 
issuance of 
applicant, 
the application and examination 
nonrefundable. 
a 
license 
to 
fees 
sHa±±--ee 
any 
are 
Sec. A·20. 32 MRS A §7059, as amended by PL 1999, c. 547, Pt. 
B, §78 and affected by §80, is further amended to read: 
§7059. Suspension, revocation and reissuance 
1. 
Board or District Court revocation. 
The 
board 
may 
suspend or revoke a license pursuant to Title 5, section 10004. 
In addition, 
the board may 
refuse to issue or renew or the 
District Court may suspend, revoke or refuse to renew a license 
on any of the following grounds: 
A. 
The practice of fraud or deceit in obtaining a license 
under this chapter or in connection with service rendered as 
a 
licensed clinical, 
licensed master or licensed social 
worker e~L certified social worker -
independent practice or 
licensed human service provider; 
B. 
Addiction, as confirmed by medical findings, to the use 
of 
alcohol 
or 
other 
drugs, 
which 
has 
resulted in 
the 
licensed clinical, licensed master or licensed social worker 
e~L certified 
social 
worker 
independent 
practice 
or 
licensed human service provider being unable to perform ais 
duties or perform those duties in a manner waiea that would 
not endanger the health or safety of the clients to be 
served; 
C. 
A medical finding of mental incompetency; 
D. 
Aiding 
or 
abetting 
a 
person 
not 
duly 
licensed 
in 
representing aimse±f that person as 
a 
licensed clinical, 
licensed master 
or 
licensed social worker 
9tL certified 
social 
worker 
independent 
practice 
or 
licensed 
human 
service provider in this State; 
E. 
Any gross negligence, incompetency or misconduct in the 
practice of professional social work or human service work; 
F. 
Subject to the limitations 
conviction of a Class A, 
B or C 
that, if committed in this State, 
year or more of imprisonment; or 
of Title 5, 
chapter 341, 
crime or of a crime waiea 
would be punishable by one 
G. 
Violation of any provision of this chapter or any rule 
of the board. 
Any 
person may 
register 
a 
complaint against 
any 
social 
worker 
licensed 
at 
any 
level 
or 
a 
licensed 
human 
service 
provider. Any complaints saa±± must be in writing, saa±± must be 
sworn to by the person making them and saa±± must be filed with 
the secretary of the board. 
The board, for reasons it may seem determine sufficient, may 
reissue a license to any person whose license has been revoked, 
provided that § 1 or more members of the board vote in favor of 
that reissuance. A new license to replace any license revoked, 
lost, destroyed or mutilatedr may be issued, subject to the rules 
of the board. A charge of $3 sRa±±-ae is made for that issuance. 
PART B 
Sec. B·l. 5 MRSA §12004.A, sub.§38, as amended by PL 1989, c. 
450, §2, is further amended to read: 
38. 
State Board 
$35/Day 
MRSA @7026 
of Social Worker and Human 
Service Provider Licensure 
Sec. B·2. 22 MRSA §3477, sub·§l, fdA, as enacted by PL 2001, c. 
345, §3, is amended to read: 
A. 
While acting in a professional capacity: 
(1) 
An allopathic or osteopathic physician: 
(2) 
A medical intern: 
( 3 ) 
A medical examiner; 
(4 ) 
A physician's assistant: 
( 5) 
A dentist: 
( 6 ) 
A chiropractor: 
(7 ) 
A podiatrist: 
( 8 ) 
A registered or licensed practical nurse: 
( 9) 
A certified nursing assistant: 
(10) 
A 
social 
worker 
or 
licensed 
human 
service 
provider: 
(11) 
A psychologist: 
(12) 
A pharmacist: 
(13) 
A physical therapist; 
(14 ) 
A speech therapist; 
(15) 
An occupational therapist; 
(16) 
A mental health professional; 
( 17) 
A law enforcement official; 
(18) 
A coroner; 
(19) 
Emergency room personnel; 
(20) 
An ambulance attendant; 
(21) 
An emergency medical technician; or 
(22) 
Unlicensed assistive personnel; or 
Sec. B-3. 22 MRSA §4011-A, sub-§l, 1rA, as enacted by PL 2001, 
c. 345, §5, is amended to read: 
A. 
When acting in a professional capacity: 
(1) An allopathic or osteopathic physician, resident or 
intern; 
(2) 
An emergency medical services person; 
(3) 
A medical examiner; 
(4 ) 
A physician's assistant; 
( 5) 
A dentist; 
( 6) 
A dental hygienist; 
( 7 ) 
A dental assistant; 
(8 ) 
A chiropractor; 
( 9) 
A podiatrist; 
(10) A registered or licensed practical nurse; 
(11 ) 
A teacher; 
(12) 
A guidance counselor; 
(13) 
A school official; 
(14) 
A 
children's 
summer 
camp 
administrator 
or 
counselor; 
(15) 
A 
social 
worker 
or 
licensed 
human 
service 
provider; 
(16) 
A court-appointed special advocate or guardian ad 
litem for the child; 
(17) 
A homemaker; 
(18) 
A home health aide; 
(19) 
A medical or social service worker; 
(20) 
A psychologist; 
(21) 
Child care personnel; 
(22) 
A mental health professional; 
(23) 
A law enforcement official; 
(24) 
A state or municipal fire inspector; 
(25) 
A municipal code enforcement official; 
( 26) 
A 
commercial 
film 
and 
photographic 
print 
processor; 
(27) 
A clergy member acquiring the information as a 
result 
of 
clerical 
professional 
work 
except 
for 
information 
received 
during 
confidential 
communications; or 
(28) 
A chair of a professional licensing board that 
has jurisdiction over mandated reporters; or b 
Emergency clause. 
In Vlew of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill creates a new category of licensure, a licensed 
human service provider, under a 
renamed State Board of Social 
Worker 
and Human Service Provider Licensure. 
The bill makes 
necessary changes in social work licensure to accommodate the new 
category 
of 
licensure. 
It 
updates 
other 
laws, 
correcting 
cross-references 
and 
making 
the 
new 
licensed 
human 
service 
providers mandatory reporters of child and adult abuse. 
Page l3-LR0234(1}