Workers' Compensation - Evaluation of Permanent Impairments - Licensed Social Worker-Clinical
Summary
HB1325 amends Maryland’s workers’ compensation law to allow a licensed certified social worker-clinical to perform evaluation services for claims involving permanent impairments tied to a behavioral or mental disorder. Under current law, those evaluations may be performed by a licensed psychologist or qualified physician; this bill adds licensed certified social worker-clinicals to that list, but only for the mental or behavioral portion of the impairment.
The bill also sets qualifications for social worker-clinicals who want to perform these evaluations. They must meet requirements related to evaluation, diagnosis, and treatment of biopsychosocial conditions, mental and emotional conditions, and behavioral health disorders; satisfy registration requirements applicable to rehabilitation counselors or vocational evaluators; have at least two years of experience after initial licensure meeting those standards; and be an authorized provider under COMAR. The bill takes effect October 1, 2026.
Impact
The bill amends Section 9-721 of the Labor and Employment Article, expanding the pool of professionals authorized to conduct certain workers’ compensation impairment evaluations. It does not change the underlying standard for permanent impairment claims, but it broadens who may assess and report the mental or behavioral component of such claims, potentially affecting claimants, employers, insurers, the Workers’ Compensation Commission, and licensed social worker-clinicals.
Sentiment
The available legislative record suggests generally favorable sentiment. The House committee reported the bill favorably, the House adopted it, and the third reading passed with a strong bipartisan margin of 116 yeas to 14 nays. No committee transcript is available here, but the vote pattern indicates broad support for the measure.
Contention
The main policy issue is whether licensed certified social worker-clinicals should be permitted to perform impairment evaluations in workers’ compensation cases, a role previously limited to psychologists and qualified physicians. Any concerns likely center on professional qualifications, the reliability of mental-health impairment assessments, and whether the added provider category could affect consistency in claims handling. The bill addresses those concerns by imposing experience, training, and authorization requirements before a social worker-clinical may perform these evaluations.