CHAPTER 4. SOCIAL WORKER; UNLAWFUL PRACTICES; PENALTY
IC 25-23.6-4
Chapter 4. Social Worker; Unlawful Practices; Penalty
IC 25-23.6-4-1
Unlawful practices
Sec. 1. An individual may not:
(1) profess to be a social worker, licensed social worker, orlicensed clinical social worker;
(2) use the title:
(A) "social worker";
(B) "licensed social worker";
(C) "licensed clinical social worker";
(D) "clinical social worker";
(E) "psychiatric social worker"; or
(F) "psychosocial worker";
(3) use any other title containing the words "social worker","licensed social worker", or "licensed clinical social worker";
(4) use any other words, letters, abbreviations, or insigniaindicating or implying that the individual is a social worker,licensed social worker, or licensed clinical social worker; or
(5) practice as a social worker, licensed social worker, orclinical social worker for compensation;
unless the individual is licensed under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997,SEC.39; P.L.84-2010, SEC.55.
IC 25-23.6-4-2
Exemptions
Sec. 2. (a) This article may not be construed to limit the socialwork or clinical social work services performed by a person whodoes not use a title specified in this article and who is one (1) of thefollowing:
(1) A licensed or certified health care professional acting withinthe scope of the person's license or certificate.
(2) A student, an intern, or a trainee pursuing a course of studyin medicine, psychology, or a course of study to gain licensureunder this article in an accredited eligible postsecondaryeducational institution or training institution accredited by theCouncil on Social Work Education, or a graduate accumulatingexperience required for licensure if:
(A) the services are performed under qualified supervisionand constitute a part of the person's supervised course ofstudy or other level of supervision; and
(B) the student or graduate uses a title that contains the term"intern", "student", or "trainee".
(3) Not a resident of Indiana if the person performed socialwork in Indiana for not more than five (5) days in any one (1)month or more than fifteen (15) days in any one (1) calendaryear and the person is authorized to perform such services underthe laws of the state or country in which the person resides. (4) A rabbi, priest, Christian Science practitioner, minister, orother member of the clergy.
(5) An employee or a volunteer for an organization performingcharitable, religious, or educational functions, providingpastoral counseling, or other assistance.
(6) A person who provides school counseling.
(7) A governmental employee who remains in the same jobclassification or job family of that job classification.
(b) Nothing in this section prohibits a person referred to insubsection (a) from qualifying for licensure under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997,SEC.40; P.L.244-1999, SEC.2; P.L.215-2001, SEC.101; P.L.2-2007,SEC.331; P.L.122-2009, SEC.27.
IC 25-23.6-4-3
Social service designee
Sec. 3. A person who is not licensed under this article may use thetitle "social service designee" if the person:
(1) provides or assures provision of social services in:
(A) a health facility licensed under IC 16-28;
(B) a hospital licensed under IC 16-21 or IC 12-25;
(C) a substance abuse facility certified by the division ofmental health and addiction;
(D) a home health agency licensed under IC 16-27-1; or
(E) a community health center; and
(2) does not profess to be:
(A) a licensed social worker; or
(B) licensed under this article.
As added by P.L.186-1990, SEC.9. Amended by P.L.2-1992,SEC.777; P.L.2-1993, SEC.143; P.L.219-1993, SEC.1;P.L.147-1997, SEC.41; P.L.215-2001, SEC.102.
IC 25-23.6-4-3.1
Use of case manager or discharge planner title by nonlicensedindividuals
Sec. 3.1. An individual who is not licensed under this article mayuse the titles "case manager", "discharge planner", or a related titleif the individual:
(1) provides services in a hospital licensed under IC 16-21 orIC 12-25 or a community mental health center; and
(2) does not profess to be licensed under this article.
As added by P.L.147-1997, SEC.42.
IC 25-23.6-4-4
Violations; penalty
Sec. 4. An individual who violates this chapter after July 1, 1999,commits a Class A misdemeanor.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997,SEC.43.
IC 25-23.6-4-5
Display of license; contents of promotional materials
Sec. 5. An individual who is licensed as a social worker or clinicalsocial worker shall:
(1) display the license or a clear copy of the license at eachlocation where the social worker or clinical social workerregularly practices; and
(2) include the words "licensed social worker" or "licensedclinical social worker" or the letters "LSW" or "LCSW" on allpromotional materials, including business cards, brochures,stationery, advertisements, and signs that name the individual.
As added by P.L.147-1997, SEC.44.
IC 25-23.6-4-6
Permitted testimony
Sec. 6. A social worker licensed under this article may providefactual testimony but may not provide expert testimony.
As added by P.L.147-1997, SEC.45.