REPORT TITLE:
Social Workers


DESCRIPTION:
Changes the scope of social worker licensing to include
"bachelor's social worker." (HB331 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        331
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO SOCIAL WORKERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 467E-1, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Bachelor's social worker" or "B.S.W." means a person who:
 
 5      (1)  Uses the title of social worker or "bachelor's social
 
 6           worker";
 
 7      (2)  Has met the licensing requirements set forth in this
 
 8           chapter; and
 
 9      (3)  Engages in the practice of social work as defined in
 
10           paragraphs (1) through (4) of the definition of
 
11           "practice of social work" in this section under the
 
12           supervision of a licensed social worker."
 
13      SECTION 2.  Section 467E-1, Hawaii Revised Statutes, is
 
14 amended by amending the definitions of "practice of social work"
 
15 and "social worker" or "licensed social worker" to read as
 
16 follows:
 
17      ""Practice of social work" means applying the formal
 
18 knowledge base, theoretical concepts, specific functional skills,
 
19 and essential social values that are used to effect change in
 
20 human behavior, emotional responses, and social conditions, and
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 helping individuals, couples, families, groups, and community
 
 2 organizations enhance or restore their capacities for personal
 
 3 and social functioning [and] while preventing and controlling
 
 4 social problems.  Social work practice is the professional
 
 5 application of social work values, principles, and techniques in
 
 6 the following areas[:], but is not limited to: 
 
 7      (1)  Information, resource identification [and development]
 
 8           and referral services[;], education of individuals,
 
 9           groups, couples, and families, social work advocacy,
 
10           and mediation services;
 
11      (2)  Preparation and evaluation of psychosocial assessments
 
12           and development of social work service plans;
 
13      (3)  Case management, coordination, casework level
 
14           intervention, consultation, and monitoring of social
 
15           work service plans in the areas of personal, social, or
 
16           economic resources, conditions, or problems;
 
17      (4)  [Administration, development,] Development of social
 
18           service programs, community organization, planning,
 
19           implementation, and involvement in the evaluation of
 
20           social [work programs] systems and social policies;
 
21      (5)  [Clinical diagnosis, treatment,] Treatment and
 
22           prevention of psychosocial dysfunction, disability, or
 
23           impairment, including emotional and mental disorders;
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (6)  [Social work consultation; or] Administration of social
 
 2           work programs and policies;
 
 3      (7)  Research through the formal [organization] design and
 
 4           methodology of data collection and the analysis and
 
 5           evaluation of [social work] data [practice.]; or
 
 6      (8)  Clinical diagnosis or psychotherapy only if the
 
 7           licensed social worker is currently certified as a
 
 8           qualified clinical social worker or diplomate in
 
 9           clinical social work by the National Association of
 
10           Social Workers or as a board certified diplomate by the
 
11           American Board of Examiners in Clinical Social Work.
 
12      ["Social worker" or "licensed social worker"] "Licensed
 
13 social worker" or "L.S.W." means a person who:
 
14      (1)  Uses the title of "social worker"[;] or "licensed
 
15           social worker";
 
16      (2)  Has met the licensing requirements set forth in this
 
17           chapter; and
 
18      (3)  Who engages in the practice of social work as defined
 
19           in paragraphs (1) through (7) of the definition of
 
20           "practice of social work" in this section.
 
21      "Social worker" means a person who:
 
22      (1)  Uses the title of "bachelor's social worker" or
 
23           "B.S.W.";
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  Uses the title of "licensed social worker" or "L.S.W.";
 
 2      (3)  Has met the licensing requirements set forth in this
 
 3           chapter; and
 
 4      (4)  Engages in the practice of social work as defined in
 
 5           this section."
 
 6      SECTION 3.  Section 467E-2, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]467E-2[]]  Social worker licensing program.  There is
 
 9 established a social worker licensing program within the
 
10 department that shall recognize the "bachelor's social worker" or
 
11 "B.S.W." or the "licensed social worker" or "L.S.W.", to be
 
12 administered by the director."
 
13      SECTION 4.  Section 467E-3, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]467E-3[]]  Powers and duties of the director.  In
 
16 addition to any other powers and duties authorized by law, the
 
17 director shall have the following powers and duties:
 
18      (1)  Grant permission to a person to use the title of social
 
19           worker, bachelor's social worker, or licensed social
 
20           worker in this State pursuant to this chapter and the
 
21           rules adopted pursuant thereto;
 
22      (2)  Adopt, amend, or repeal rules pursuant to chapter 91 as
 
23           the director finds necessary to carry out the
 
24           provisions of this chapter;
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (3)  Administer, coordinate, and enforce this chapter and
 
 2           rules adopted pursuant thereto;
 
 3      (4)  Discipline a bachelor's social worker or licensed
 
 4           social worker for any cause described by this chapter
 
 5           or for any violation of the rules, fine any government
 
 6           employee employed as a social worker for any cause
 
 7           described by this chapter, and refuse to license a
 
 8           person for failure to meet licensing requirements or
 
 9           for any cause that would be grounds for disciplining a
 
10           bachelor's social worker or licensed social worker; and
 
11      (5)  Appoint an advisory committee consisting of bachelor's
 
12           social workers and licensed social workers to assist
 
13           with the implementation of this chapter and the rules
 
14           adopted pursuant thereto."
 
15      SECTION 5.  Section 467E-5, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]467E-5[]]  License required.  No person shall purport
 
18 to be a "social worker", "bachelor's social worker", or "licensed
 
19 social worker", or use the letters "S.W.", "B.S.W.", or "L.S.W."
 
20 in connection with the person's name, or use any words or symbols
 
21 indicating or tending to indicate that the person is a social
 
22 worker without meeting the applicable requirements and holding a
 
23 license as set forth in this chapter."
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 6.  Section 467E-6, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]467E-6[]]  Exemptions.  Licensure shall not be required
 
 4 of:
 
 5      (1)  Any person doing work within the scope of practice or
 
 6           duties of the person's profession that overlaps with
 
 7           the practice of social work; provided the person does
 
 8           not purport to be a social worker, bachelor's social
 
 9           worker, or licensed social worker;
 
10      (2)  Any person employed by a federal, state, or county
 
11           government agency in a social worker position but only
 
12           at those times when [that] the person is carrying out
 
13           the duties and responsibilities as a social worker in
 
14           governmental employment; [and]
 
15      (3)  Any student enrolled in an accredited educational
 
16           institution in a recognized program of study leading
 
17           toward attainment of a degree in social work; provided
 
18           that the student's activities and services are part of
 
19           a prescribed course of study supervised by the
 
20           educational institution, and the student is identified
 
21           by an appropriate title such as "social work student",
 
22           "social work intern", or any other title which clearly
 
23           indicates the student's training status[.]; and
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (4)  Any person obtaining post master's degree supervised
 
 2           experience in clinical social work to fulfill the
 
 3           requirements of obtaining certification as a Qualified
 
 4           Clinical Social Worker or Diplomate in Clinical Social
 
 5           Work or Board Certified Diplomate; provided the person
 
 6           is directly supervised in clinical social work by a
 
 7           licensed social worker currently certified as a
 
 8           Qualified Clinical Social Worker or Diplomate in
 
 9           Clinical Social Work or Board Certified Diplomate and
 
10           the person's training status is indicated by a
 
11           designation such as "clinical social work intern",
 
12           "clinical social work resident", or "clinical social
 
13           work fellow" and the person does not identify
 
14           themselves as a psychotherapist or imply that the
 
15           person is able to independently perform clinical
 
16           diagnosis or psychotherapy."
 
17      SECTION 7.  Section 467E-7, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "467E-7 Licensing requirements.  In addition to the
 
20 licensing requirements provided by section 436B-11, the director
 
21 shall consider the following as minimum evidence that an
 
22 applicant is qualified to be licensed:
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  [The] For the bachelor's social worker, the applicant
 
 2           holds a bachelor's degree from a college or university
 
 3           in a social work program accredited by or deemed to be
 
 4           equivalent to an accredited program by the Council on
 
 5           Social Work Education or a comparable regional
 
 6           accreditation body; or
 
 7      (2)  For the licensed social worker, the applicant holds a
 
 8           master's degree from a college or university in a
 
 9           social work program accredited by or deemed to be
 
10           equivalent to an accredited program by the Council on
 
11           Social Work Education or a doctoral degree accredited
 
12           by the Western Association of Schools and Colleges or a
 
13           comparable regional accreditation body; and
 
14     [(2)] (3)  The applicant has passed the applicable national
 
15           examination given by the American Association of State
 
16           Social Work Boards."
 
17      SECTION 8.  Section 467E-9, Hawaii Revised Statutes, is
 
18 amended by amending subsection (b) to read as follows:
 
19      "(b)  Applicants who have passed the Academy of Certified
 
20 Social Workers examination, the diplomate in clinical social work
 
21 examination administered by the National Association of Social
 
22 Workers prior to June 30, 1995, or the board certified diplomate
 
23 examination administered by the American Board of Examiners in
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Clinical Social Work prior to June 30, 1995, shall be deemed to
 
 2 have satisfied the requirements of this section."
 
 3      SECTION 9.  Section 467E-12, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  In addition to any other acts or conditions provided
 
 6 by law, the director may refuse to renew, reinstate, or restore,
 
 7 or may deny, revoke, suspend, or condition in any manner any
 
 8 license, or fine any exempt government employee for any one or
 
 9 more of the following acts or conditions on the part of the
 
10 applicant, licensee, or exempt person:
 
11      (1)  Failing to meet or maintain the conditions and
 
12           requirements necessary to qualify for the granting of a
 
13           license;
 
14      (2)  Being addicted to, dependent on, or being a habitual
 
15           user of a narcotic, barbiturate, amphetamine,
 
16           hallucinogen, opium, or cocaine, or other drugs or
 
17           derivatives of a similar nature;
 
18      (3)  Practicing the profession of social work while impaired
 
19           by alcohol, drugs, or mental instability;
 
20      (4)  Procuring a social work license through fraud,
 
21           misrepresentation, or deceit;
 
22      (5)  Aiding and abetting an unlicensed person to directly or
 
23           indirectly use the title "social worker", "bachelor's
 
24           social worker", or "licensed social worker";
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (6)  Engaging in professional misconduct, incompetence,
 
 2           gross negligence, or manifest incapacity in the
 
 3           practice of social work;
 
 4      (7)  Engaging in conduct or practice contrary to recognized
 
 5           standards of ethics for the social work profession;
 
 6      (8)  Failing to comply, observe, or adhere to any law in a
 
 7           manner such that the director deems the applicant or
 
 8           holder to be an unfit or improper person to hold a
 
 9           social work license;
 
10      (9)  Revocation, suspension, or other disciplinary action by
 
11           another state or federal agency against a licensee or
 
12           applicant for any reason provided by this section;
 
13     (10)  Having a criminal conviction, whether by nolo
 
14           contendere or otherwise, of a crime directly related to
 
15           the qualifications, functions, or duties of the social
 
16           work profession;
 
17     (11)  Failing to report in writing to the director any
 
18           disciplinary decision issued against the licensee or
 
19           the applicant in another jurisdiction within thirty
 
20           days of the disciplinary decision;
 
21     (12)  Employing, utilizing, or attempting to employ or
 
22           utilize at any time any person not licensed under this
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           chapter who purports to be a social worker, bachelor's
 
 2           social worker, or licensed social worker; or
 
 3     (13)  Violating this chapter or any rules adopted pursuant
 
 4           thereto."
 
 5      SECTION 10.  Section 467E-13, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  No person shall:
 
 8      (1)  Use in connection with the person's name any
 
 9           designation tending to imply that the person is a
 
10           social worker, bachelor's social worker, or licensed
 
11           social worker unless the person is duly licensed and
 
12           authorized under this chapter; [or]
 
13      (2)  Represent oneself as a social worker, bachelor's social
 
14           worker, or licensed social worker during the time the
 
15           person's license issued under this chapter is
 
16           forfeited, terminated, suspended, or revoked[.];
 
17      (3)  Perform psychotherapy if the person is licensed as a
 
18           bachelor's social worker;
 
19      (4)  Engage in autonomous social work practice if the person
 
20           is licensed as a bachelor's social worker; or
 
21      (5)  Perform psychotherapy if the person is a licensed
 
22           social worker without the required clinical
 
23           certification."
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 11.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 12.  This Act shall take effect upon its approval;
 
 4 provided that provisions relating to the licensing and regulation
 
 5 of bachelor's social worker shall take effect on July 1, 2000.