S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    852
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  authoriz-
   ing  care  and  treatment  of  injured  employees by licensed clinical
   social workers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 13-q to read as follows:
   § 13-Q. CARE AND TREATMENT OF INJURED EMPLOYEES BY  LICENSED  CLINICAL
 SOCIAL  WORKERS. 1. FOR THE PURPOSES OF THIS SECTION, "CHAIR" SHALL MEAN
 THE CHAIR OF THE BOARD.
   2. (A) AN INJURED EMPLOYEE, INJURED  UNDER  CIRCUMSTANCES  WHICH  MAKE
 SUCH  INJURY  COMPENSABLE  UNDER  THIS ARTICLE, MAY LAWFULLY BE TREATED,
 UPON THE REFERRAL OF AN AUTHORIZED PHYSICIAN,  BY  A  LICENSED  CLINICAL
 SOCIAL  WORKER,  LICENSED  PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF
 THE EDUCATION LAW, AUTHORIZED BY THE CHAIR TO RENDER  LICENSED  CLINICAL
 SOCIAL  WORK  SERVICES  PURSUANT TO THIS SECTION. SUCH SERVICES SHALL BE
 WITHIN THE SCOPE OF SUCH LICENSED CLINICAL SOCIAL  WORKERS'  SPECIALIZED
 TRAINING AND QUALIFICATIONS AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FOUR
 OF THE EDUCATION LAW. LICENSED CLINICAL SOCIAL WORKERS AUTHORIZED BY THE
 CHAIR TO PROVIDE SERVICES PURSUANT TO THIS SECTION, SHALL NOT BE AUTHOR-
 IZED TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS, EXCEPT FOR INDEPENDENT
 MEDICAL  EXAMINATIONS  RELATED  TO THE NEED FOR LICENSED CLINICAL SOCIAL
 WORK SERVICES.
   (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 CHAPTER, MAY PROVIDE LICENSED 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.
                                                            LBD03866-01-3
 A. 852                              2
              

 
 CARE IS RENDERED BY A DULY LICENSED AND AUTHORIZED CLINICAL SOCIAL WORK-
 ER, 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, LICENSED TO PRACTICE LICENSED
 CLINICAL SOCIAL WORK IN THIS STATE, WHO IS DESIROUS OF BEING  AUTHORIZED
 TO  RENDER  LICENSED  CLINICAL  SOCIAL  WORK SERVICES UNDER THIS SECTION
 AND/OR TO CONDUCT INDEPENDENT MEDICAL EXAMINATIONS  IN  ACCORDANCE  WITH
 PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION SHALL FILE AN APPLICA-
 TION  FOR AUTHORIZATION UNDER THIS SECTION WITH THE CLINICAL SOCIAL WORK
 PRACTICE COMMITTEE. THE APPLICANT SHALL AGREE  TO  REFRAIN  FROM  SUBSE-
 QUENTLY  TREATING  FOR  REMUNERATION,  AS  A PRIVATE PATIENT, ANY PERSON
 SEEKING LICENSED CLINICAL SOCIAL WORK  SERVICES,  OR  SUBMITTING  TO  AN
 INDEPENDENT  MEDICAL EXAMINATION, 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 LICENSED CLINICAL SOCIAL WORKERS AUTHORIZED  TO  RENDER
 LICENSED  CLINICAL  SOCIAL WORK SERVICES UNDER THIS CHAPTER. THIS AGREE-
 MENT SHALL RUN TO THE BENEFIT OF THE  INJURED  PERSON  SO  TREATED,  AND
 SHALL  BE AVAILABLE AS A DEFENSE IN ANY ACTION BY SUCH LICENSED CLINICAL
 SOCIAL WORKER FOR PAYMENT FOR TREATMENT RENDERED BY SUCH LICENSED  CLIN-
 ICAL  SOCIAL  WORKER AFTER BEING REMOVED FROM THE LIST OF LICENSED CLIN-
 ICAL SOCIAL WORKERS AUTHORIZED TO RENDER LICENSED CLINICAL  SOCIAL  WORK
 SERVICES  OR  TO  CONDUCT  INDEPENDENT  MEDICAL  EXAMINATIONS 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 LICENSED CLINICAL  SOCIAL
 WORK  SERVICES  AND/OR TO CONDUCT INDEPENDENT MEDICAL EXAMINATIONS UNDER
 THIS SECTION. SUCH RECOMMENDATIONS SHALL BE ONLY ADVISORY TO  THE  CHAIR
 AND  SHALL  NOT  BE  BINDING  OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND
 ESTABLISH A SCHEDULE FOR THE  STATE  OR  SCHEDULES  LIMITED  TO  DEFINED
 LOCALITIES  OF  CHARGES  AND  FEES  FOR  LICENSED  CLINICAL  SOCIAL WORK
 SERVICES, TO BE DETERMINED IN ACCORDANCE WITH AND BE SUBJECT  TO  CHANGE
 PURSUANT TO RULES PROMULGATED BY THE CHAIR. BEFORE PREPARING SUCH SCHED-
 ULE  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 LICENSED CLINICAL SOCIAL WORK
 SERVICES TO BE RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION  SHALL  BE
 GIVEN  TO  THE  VIEW OF OTHER INTERESTED PARTIES. THE AMOUNTS PAYABLE BY
 THE EMPLOYER FOR SUCH TREATMENT AND  SERVICES  SHALL  BE  THE  FEES  AND
 CHARGES ESTABLISHED BY SUCH SCHEDULE.
   4.  (A)  NO  CLAIM FOR LICENSED 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  LICENSED  CLINICAL
 SOCIAL  WORKER  GIVING  SUCH CARE OR TREATMENT FURNISHES TO THE EMPLOYER
 AND DIRECTLY TO THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY AND TREAT-
 MENT, 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.
 A. 852                              3
 
   (B)  UPON  RECEIPT OF THE NOTICE PROVIDED FOR BY PARAGRAPH (A) OF THIS
 SUBDIVISION, THE EMPLOYER, THE CARRIER, AND THE CLAIMANT EACH  SHALL  BE
 ENTITLED  TO HAVE THE CLAIMANT EXAMINED BY A QUALIFIED LICENSED CLINICAL
 SOCIAL WORKER, AUTHORIZED BY THE CHAIR IN  ACCORDANCE  WITH  SUBDIVISION
 THREE OF THIS SECTION AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAP-
 TER,  AT  A MEDICAL FACILITY CONVENIENT TO THE CLAIMANT AND IN THE PRES-
 ENCE OF THE CLAIMANT'S LICENSED CLINICAL SOCIAL WORKER, AND  REFUSAL  BY
 THE  CLAIMANT  TO SUBMIT TO SUCH INDEPENDENT MEDICAL EXAMINATION AT SUCH
 TIME OR TIMES AS MAY REASONABLY BE NECESSARY IN THE OPINION OF THE BOARD
 SHALL BAR THE CLAIMANT FROM  RECOVERING  COMPENSATION,  FOR  ANY  PERIOD
 DURING WHICH HE OR SHE HAS REFUSED TO SUBMIT TO SUCH EXAMINATION.
   (C)  WHERE  IT WOULD PLACE AN UNREASONABLE BURDEN UPON THE EMPLOYER OR
 CARRIER TO ARRANGE FOR, OR FOR THE CLAIMANT TO  ATTEND,  AN  INDEPENDENT
 MEDICAL  EXAMINATION  BY  AN AUTHORIZED LICENSED CLINICAL SOCIAL WORKER,
 THE EMPLOYER OR  CARRIER  SHALL  ARRANGE  FOR  SUCH  EXAMINATION  TO  BE
 PERFORMED  BY  A  QUALIFIED LICENSED CLINICAL SOCIAL WORKER IN A MEDICAL
 FACILITY CONVENIENT TO THE CLAIMANT.
   (D) THE INDEPENDENT LICENSED CLINICAL SOCIAL WORK EXAMINER LICENSED BY
 THIS STATE SHALL PROVIDE SUCH REPORTS AND SHALL SUBMIT TO  INVESTIGATION
 AS REQUIRED BY THE CHAIR.
   (E)  IN  ORDER TO QUALIFY AS ADMISSIBLE MEDICAL EVIDENCE, FOR PURPOSES
 OF ADJUDICATING ANY CLAIM UNDER THIS CHAPTER, ANY  REPORT  SUBMITTED  TO
 THE  BOARD  BY  AN  INDEPENDENT  LICENSED  CLINICAL SOCIAL WORK EXAMINER
 LICENSED BY THIS STATE SHALL INCLUDE THE FOLLOWING:
   (I) A SIGNED STATEMENT CERTIFYING THAT THE REPORT IS A FULL AND TRUTH-
 FUL REPRESENTATION OF THE  INDEPENDENT  LICENSED  CLINICAL  SOCIAL  WORK
 EXAMINER'S  PROFESSIONAL  OPINION  WITH RESPECT TO THE CLAIMANT'S CONDI-
 TION,
   (II) SUCH EXAMINER'S BOARD ISSUED AUTHORIZATION NUMBER,
   (III) THE NAME OF THE INDIVIDUAL OR ENTITY REQUESTING THE EXAMINATION,
   (IV) IF APPLICABLE, THE REGISTRATION NUMBER  AS  REQUIRED  BY  SECTION
 THIRTEEN-N OF THIS ARTICLE, AND
   (V) SUCH OTHER INFORMATION AS THE CHAIR MAY REQUIRE BY REGULATION.
   5.  FEES  FOR  LICENSED CLINICAL SOCIAL WORK SERVICES SHALL BE PAYABLE
 ONLY TO A DULY AUTHORIZED LICENSED CLINICAL SOCIAL WORKER AS LICENSED IN
 ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW, OR  TO  THE  AGENT,
 EXECUTOR OR ADMINISTRATOR 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  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  CLIN-
 ICAL  SOCIAL WORKER OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE
 A FEE FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN  ADDI-
 TION  TO  ANY  FEE PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL
 PRACTICE LAW AND RULES.
   7. (A) THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF  SECTION  THIR-
 TEEN-G  OF  THIS  ARTICLE  WITH  RESPECT TO THE CONDITIONS UNDER WHICH A
 HOSPITAL, PHYSICIAN, OR SELF-EMPLOYED PHYSICAL OR OCCUPATIONAL THERAPIST
 MAY REQUEST PAYMENT OR ARBITRATION OF A BILL, OR UNDER  WHICH  AN  AWARD
 MAY  BE  MADE  FOR  PAYMENT  OF  SUCH BILL, SHALL BE APPLICABLE TO BILLS
 RENDERED BY A LICENSED CLINICAL SOCIAL WORKER FOR SERVICES  RENDERED  TO
 AN INJURED EMPLOYEE.
   (B)  IF  THE  PARTIES FAIL TO AGREE AS TO THE LICENSED CLINICAL SOCIAL
 WORK SERVICES RENDERED UNDER THIS CHAPTER TO A CLAIMANT, AND THE  AMOUNT
 OF  THE  DISPUTED  BILL  IS  ONE  THOUSAND DOLLARS OR LESS, OR WHERE THE
 A. 852                              4
 
 AMOUNT OF THE  DISPUTED  BILL  EXCEEDS  ONE  THOUSAND  DOLLARS  AND  THE
 LICENSED  CLINICAL SOCIAL WORKER EXPRESSLY SO REQUESTS, SUCH VALUE SHALL
 BE DECIDED BY A SINGLE ARBITRATOR PROCESS, PURSUANT TO RULES PROMULGATED
 BY  THE  CHAIR.  THE  CHAIR SHALL APPOINT A MEMBER IN GOOD STANDING OF A
 RECOGNIZED  PROFESSIONAL  ASSOCIATION  REPRESENTING  LICENSED   CLINICAL
 SOCIAL  WORKERS  IN  THIS  STATE TO DETERMINE THE VALUE OF SUCH DISPUTED
 BILL. DECISIONS RENDERED UNDER THE SINGLE ARBITRATOR  PROCESS  SHALL  BE
 CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE SERVICES IN DISPUTE.
   (C)  IF  THE  PARTIES FAIL TO AGREE AS TO THE LICENSED CLINICAL SOCIAL
 WORK SERVICES RENDERED UNDER THIS CHAPTER TO A CLAIMANT, AND THE  AMOUNT
 OF THE DISPUTED BILL EXCEEDS ONE THOUSAND DOLLARS AND THE LICENSED CLIN-
 ICAL  SOCIAL WORKER DOES NOT EXPRESSLY REQUEST A SINGLE ARBITRATOR PROC-
 ESS IN ACCORDANCE WITH PARAGRAPH (B) OF  THIS  SUBDIVISION,  SUCH  VALUE
 SHALL  BE DECIDED BY THE CLINICAL 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.
   (D) THE BOARD OR THE CHAIR MAY MAKE AN AWARD  NOT  IN  EXCESS  OF  THE
 ESTABLISHED  FEE  SCHEDULES  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. 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 SHALL INCLUDE IN THE AMOUNT OF THE AWARD INTEREST OF
 NOT MORE THAN ONE AND ONE-HALF PERCENT PER MONTH PAYABLE TO THE LICENSED
 CLINICAL SOCIAL WORKER IN ACCORDANCE  WITH  THE  RULES  AND  REGULATIONS
 PROMULGATED BY THE BOARD.
   (E)  A PROVIDER INITIATING AN ARBITRATION, INCLUDING A SINGLE ARBITRA-
 TOR PROCESS, PURSUANT TO THIS SECTION SHALL PAY A FEE, AS DETERMINED  BY
 REGULATIONS  PROMULGATED  BY  THE  CHAIR,  TO BE USED TO COVER THE COSTS
 RELATED TO THE CONDUCT OF SUCH ARBITRATION. UPON RESOLUTION IN FAVOR  OF
 SUCH  PARTY,  THE  AMOUNT  DUE, BASED UPON THE BILL IN DISPUTE, SHALL BE
 INCREASED BY THE AMOUNT OF THE FEE PAID BY SUCH PARTY. WHERE  A  PARTIAL
 AWARD  IS MADE, THE AMOUNT DUE, BASED UPON THE BILL IN DISPUTE, SHALL BE
 INCREASED BY A PART OF SUCH FEE.
   8. WITHIN THE LIMITS PRESCRIBED BY  THE  EDUCATION  LAW  FOR  LICENSED
 CLINICAL  SOCIAL WORK SERVICES, THE REPORT OR TESTIMONY OF AN AUTHORIZED
 LICENSED CLINICAL SOCIAL WORKER CONCERNING THE CONDITION OF  AN  INJURED
 EMPLOYEE  AND  TREATMENT  THEREOF SHALL BE DEEMED COMPETENT EVIDENCE AND
 THE PROFESSIONAL OPINION OF THE LICENSED CLINICAL SOCIAL  WORKER  AS  TO
 CAUSAL  RELATION  AND  AS TO REQUIRED SERVICES 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 LICENSED 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
 CLAIMANTS IN WORKERS' COMPENSATION. IN CONNECTION WITH THE  PROMULGATION
 OF  SAID  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 A SINGLE CLINICAL SOCIAL WORK PRACTICE COMMITTEE COMPOSED OF THREE
 A. 852                              5
 
 DULY LICENSED CLINICAL SOCIAL WORKERS. EACH  MEMBER  OF  SAID  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  SAID CLINICAL SOCIAL WORKERS SHALL BE DESIGNATED BY THE CHAIR AS THE
 CHAIR OF SUCH COMMITTEE.  NO  MEMBER  OF  SAID  COMMITTEE  SHALL  RENDER
 LICENSED  CLINICAL  SOCIAL  WORK  SERVICES  UNDER THIS SECTION NOR BE AN
 EMPLOYER OR ACCEPT OR PARTICIPATE IN ANY FEE FROM ANY INSURANCE  COMPANY
 AUTHORIZED  TO  WRITE  WORKERS'  COMPENSATION INSURANCE IN THIS STATE OR
 FROM ANY SELF-INSURER, WHETHER SUCH EMPLOYMENT OR FEE RELATES TO A WORK-
 ERS'  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 LICENSED CLINICAL  SOCIAL  WORKER  AS
 PROVIDED  UNDER  RULES  AND PROCEDURES TO BE PRESCRIBED BY THE CHAIR AND
 SHALL REPORT EVIDENCE OF SUCH MISCONDUCT, WITH ITS FINDINGS  AND  RECOM-
 MENDATIONS  WITH  RESPECT  THERETO, TO THE CHAIR. THE FINDINGS, DECISION
 AND RECOMMENDATION OF SUCH CLINICAL SOCIAL WORK PRACTICE COMMITTEE SHALL
 BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE  BINDING  OR  CONCLUSIVE
 UPON  HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST OF LICENSED CLIN-
 ICAL SOCIAL WORKERS AUTHORIZED TO RENDER LICENSED CLINICAL  SOCIAL  WORK
 SERVICES  UNDER  THIS CHAPTER OR TO CONDUCT INDEPENDENT MEDICAL EXAMINA-
 TIONS IN ACCORDANCE WITH PARAGRAPH  (B)  OF  SUBDIVISION  FOUR  OF  THIS
 SECTION  THE  NAME  OF ANY LICENSED CLINICAL SOCIAL WORKER WHO HE OR SHE
 SHALL FIND AFTER REASONABLE INVESTIGATION IS DISQUALIFIED  BECAUSE  SUCH
 LICENSED CLINICAL SOCIAL WORKER:
   (A) HAS BEEN GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR INCOMPETEN-
 CY  IN  CONNECTION  WITH  THE RENDERING OF LICENSED CLINICAL SOCIAL WORK
 SERVICES, OR
   (B) HAS EXCEEDED THE LIMITS OF HIS OR HER PROFESSIONAL  COMPETENCE  IN
 RENDERING  LICENSED  CLINICAL SOCIAL WORK SERVICES UNDER THE LAW, OR HAS
 MADE FALSE STATEMENTS REGARDING QUALIFICATIONS IN  THE  APPLICATION  FOR
 AUTHORIZATION, OR
   (C)  HAS  FAILED TO SUBMIT TIMELY, FULL AND TRUTHFUL LICENSED CLINICAL
 SOCIAL WORK REPORTS OF ALL FINDINGS TO THE EMPLOYER AND DIRECTLY TO  THE
 CHAIR OF THE BOARD WITHIN THE TIME LIMITS PROVIDED IN THIS SECTION, OR
   (D)  HAS  KNOWINGLY  MADE  A FALSE STATEMENT OR REPRESENTATION AS TO A
 MATERIAL FACT IN ANY MEDICAL REPORT MADE PURSUANT TO THIS CHAPTER OR  IN
 TESTIFYING  OR  OTHERWISE PROVIDING INFORMATION FOR THE PURPOSES OF THIS
 CHAPTER, OR
   (E) HAS SOLICITED OR HAS EMPLOYED ANOTHER TO SOLICIT  FOR  HIMSELF  OR
 HERSELF,  OR  FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR CARE OF
 AN INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER, OR
   (F) HAS REFUSED TO APPEAR BEFORE, TO TESTIFY, TO SUBMIT TO  A  DEPOSI-
 TION,  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
 A. 852                              6

 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
 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 LICENSED CLINICAL
 SOCIAL WORKERS WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A  PROFESSIONAL
 CORPORATION  FROM  POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PART-
 NERSHIP, PROFESSIONAL CORPORATION OR GROUP OR BY THE INDIVIDUAL  MEMBERS
 THEREOF,  FOR  PROFESSIONAL SERVICES FURNISHED BY ANY INDIVIDUAL PROFES-
 SIONAL 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 ACCORDANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
   § 2. 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 rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date date.