REPORT TITLE:
Social Workers


DESCRIPTION:
Changes scope of social worker licensing to include "bachelor's
social worker."

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           845
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."
 
12      SECTION 2.  Section 467E-1, Hawaii Revised Statutes, is
 
13 amended by amending the definitions of "practice of social work"
 
14 and "social worker" or "licensed social worker" to read as
 
15 follows:
 
16      ""Practice of social work" means applying the formal
 
17 knowledge base, theoretical concepts, specific functional skills,
 
18 and essential social values that are used to effect change in
 
19 human behavior, emotional responses, and social conditions, and
 

 
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                                     S.B. NO.           845
                                                        
                                                        

 
 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           supervision of nonprofessional staff and other
 
11           bachelor's social workers, and mediation; 
 
12      (2)  Preparation and evaluation of psychosocial assessments
 
13           and development of social work service plans;
 
14      (3)  Case management, coordination, intervention,
 
15           consultation, and monitoring of social work service
 
16           plans in the areas of personal, social, or economic
 
17           resources, conditions, or problems;
 
18      (4)  [Administration, development,] Development of social
 
19           service programs, community organization, planning,
 
20           implementation, and involvement in the evaluation of
 
21           social [work programs] systems and social policies;
 
22      (5)  [Clinical diagnosis, treatment,and prevention of
 
23           psychosocial dysfunction, disability, or impairment,
 

 
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                                     S.B. NO.           845
                                                        
                                                        

 
 1           including emotional and mental disorders;] Psychosocial
 
 2           assessment and diagnostic impressions of individuals,
 
 3           couples, families, and groups under the supervision of
 
 4           a qualified clinical social worker, diplomate in
 
 5           clinical social work, or board certified diplomate;
 
 6      (6)  [Social work consultation; or] Administration of social
 
 7           work programs and policies;
 
 8      (7)  Research through the formal [organization] design and
 
 9           methodology of data collection and the analysis and
 
10           evaluation of [social work] data [practice.]; or
 
11      (8)  Psychotherapy only if the licensed social worker is
 
12           currently certified as a qualified clinical social
 
13           worker or diplomate in clinical social work by the
 
14           National Association of Social Workers or as a board
 
15           certified diplomate by the American Board of Examiners
 
16           in clinical social work.
 
17      ["Social worker" or "licensed social worker"] "Licensed
 
18 social worker" or "L.S.W." means a person who:
 
19      (1)  Uses the title of "social worker"[;] or "licensed
 
20           social worker";
 
21      (2)  Has met the licensing requirements set forth in this
 
22           chapter; and
 

 
 
 
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                                     S.B. NO.           845
                                                        
                                                        

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

 
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                                     S.B. NO.           845
                                                        
                                                        

 
 1      (1)  Grant permission to a person to use the title of
 
 2           bachelor's social worker or licensed social worker in
 
 3           this State pursuant to this chapter and the rules
 
 4           adopted pursuant thereto;
 
 5      (2)  Adopt, amend, or repeal rules pursuant to chapter 91 as
 
 6           the director finds necessary to carry out the
 
 7           provisions of this chapter;
 
 8      (3)  Administer, coordinate, and enforce this chapter and
 
 9           rules adopted pursuant thereto;
 
10      (4)  Discipline a bachelor's social worker or licensed
 
11           social worker for any cause described by this chapter
 
12           or for any violation of the rules, fine any government
 
13           employee employed as a social worker for any cause
 
14           described by this chapter, and refuse to license a
 
15           person for failure to meet licensing requirements or
 
16           for any cause that would be grounds for disciplining a
 
17           bachelor's social worker or licensed social worker; and
 
18      (5)  Appoint an advisory committee consisting of bachelor's
 
19           social workers and licensed social workers to assist
 
20           with the implementation of this chapter and the rules
 
21           adopted pursuant thereto."
 
22      SECTION 5.  Section 467E-5, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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                                     S.B. NO.           845
                                                        
                                                        

 
 1      "[[]467E-5[]]  License required.  No person shall purport
 
 2 to be a "social worker", "bachelor's social worker", or "licensed
 
 3 social worker", or use the letters "S.W.", "B.S.W.", or "L.S.W."
 
 4 in connection with the person's name, or use any words or symbols
 
 5 indicating or tending to indicate that the person is a social
 
 6 worker without meeting the applicable requirements and holding a
 
 7 license as set forth in this chapter."
 
 8      SECTION 6.  Section 467E-6, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]467E-6[]]  Exemptions.  Licensure shall not be required
 
11 of:
 
12      (1)  Any person doing work within the scope of practice or
 
13           duties of the person's profession that overlaps with
 
14           the practice of social work; provided the person does
 
15           not purport to be a social worker, bachelor's social
 
16           worker, or licensed social worker;
 
17      (2)  Any person employed by a federal, state, or county
 
18           government agency in a social worker position but only
 
19           at those times when that person is carrying out the
 
20           duties and responsibilities as a social worker in
 
21           governmental employment; and
 
22      (3)  Any student enrolled in an accredited educational
 
23           institution in a recognized program of study leading
 

 
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                                     S.B. NO.           845
                                                        
                                                        

 
 1           toward attainment of a degree in social work; provided
 
 2           that the student's activities and services are part of
 
 3           a prescribed course of study supervised by the
 
 4           educational institution, and the student is identified
 
 5           by an appropriate title such as "social work student",
 
 6           "social work intern", or any other title which clearly
 
 7           indicates the student's training status."
 
 8      SECTION 7.  Section 467E-7, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "467E-7 Licensing requirements.  In addition to the
 
11 licensing requirements provided by section 436B-11, the director
 
12 shall consider the following as minimum evidence that an
 
13 applicant is qualified to be licensed:
 
14      (1)  [The] For the bachelor's social worker, the applicant
 
15           holds a bachelor's degree from a college or university
 
16           in a social work program accredited by or deemed to be
 
17           equivalent to an accredited program by the Council on
 
18           Social Work Education or a comparable regional
 
19           accreditation body; or
 
20      (2)  For the licensed social worker, the applicant holds a
 
21           master's degree from a college or university in a
 
22           social work program accredited by or deemed to be
 
23           equivalent to an accredited program by the Council on
 

 
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                                     S.B. NO.           845
                                                        
                                                        

 
 1           Social Work Education or a doctoral degree accredited
 
 2           by the Western Association of Schools and Colleges or a
 
 3           comparable regional accreditation body; and
 
 4     [(2)] (3)  The applicant has passed the applicable national
 
 5           examination given by the American Association of State
 
 6           Social Work Boards."
 
 7      SECTION 8.  Section 467E-9, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (b) to read as follows:
 
 9      "(b)  Applicants who have passed the Academy of Certified
 
10 Social Workers examination, hold a diplomate in clinical social
 
11 work administered by the National Association of Social Workers
 
12 prior to June 30, 1995, or hold a board certified diplomate
 
13 administered by the American Board of Examiners prior to June 30,
 
14 1995, shall be deemed to have satisfied the requirements of this
 
15 section."
 
16      SECTION 9.  Section 467E-12, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "(a)  In addition to any other acts or conditions provided
 
19 by law, the director may refuse to renew, reinstate, or restore,
 
20 or may deny, revoke, suspend, or condition in any manner any
 
21 license, or fine any exempt government employee for any one or
 
22 more of the following acts or conditions on the part of the
 
23 applicant, licensee, or exempt person:
 

 
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                                     S.B. NO.           845
                                                        
                                                        

 
 1      (1)  Failing to meet or maintain the conditions and
 
 2           requirements necessary to qualify for the granting of a
 
 3           license;
 
 4      (2)  Being addicted to, dependent on, or being a habitual
 
 5           user of a narcotic, barbiturate, amphetamine,
 
 6           hallucinogen, opium, or cocaine, or other drugs or
 
 7           derivatives of a similar nature;
 
 8      (3)  Practicing the profession of social work while impaired
 
 9           by alcohol, drugs, or mental instability;
 
10      (4)  Procuring a social work license through fraud,
 
11           misrepresentation, or deceit;
 
12      (5)  Aiding and abetting an unlicensed person to directly or
 
13           indirectly use the title "social worker", "bachelor's
 
14           social worker", or "licensed social worker";
 
15      (6)  Engaging in professional misconduct, incompetence,
 
16           gross negligence, or manifest incapacity in the
 
17           practice of social work;
 
18      (7)  Engaging in conduct or practice contrary to recognized
 
19           standards of ethics for the social work profession;
 
20      (8)  Failing to comply, observe, or adhere to any law in a
 
21           manner such that the director deems the applicant or
 
22           holder to be an unfit or improper person to hold a
 
23           social work license;
 

 
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                                     S.B. NO.           845
                                                        
                                                        

 
 1      (9)  Revocation, suspension, or other disciplinary action by
 
 2           another state or federal agency against a licensee or
 
 3           applicant for any reason provided by this section;
 
 4     (10)  Having a criminal conviction, whether by nolo
 
 5           contendere or otherwise, of a crime directly related to
 
 6           the qualifications, functions, or duties of the social
 
 7           work profession;
 
 8     (11)  Failing to report in writing to the director any
 
 9           disciplinary decision issued against the licensee or
 
10           the applicant in another jurisdiction within thirty
 
11           days of the disciplinary decision;
 
12     (12)  Employing, utilizing, or attempting to employ or
 
13           utilize at any time any person not licensed under this
 
14           chapter who purports to be a social worker, bachelor's
 
15           social worker, or licensed social worker; or
 
16     (13)  Violating this chapter or any rules adopted pursuant
 
17           thereto."
 
18      SECTION 10.  Section 467E-13, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  No person shall:
 
21      (1)  Use in connection with the person's name any
 
22           designation tending to imply that the person is a
 
23           social worker, bachelor's social worker, or licensed
 

 
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                                     S.B. NO.           845
                                                        
                                                        

 
 1           social worker unless the person is duly licensed and
 
 2           authorized under this chapter; [or]
 
 3      (2)  Represent oneself as a social worker, bachelor's social
 
 4           worker, or licensed social worker during the time the
 
 5           person's license issued under this chapter is
 
 6           forfeited, terminated, suspended, or revoked[.];
 
 7      (3)  Perform counseling or psychotherapy if the person is
 
 8           licensed as a bachelor's social worker;
 
 9      (4)  Maintain an autonomous social work practice if the
 
10           person is licensed as a bachelor's social worker; or
 
11      (5)  Perform psychotherapy if the person is a licensed
 
12           social worker."
 
13      SECTION 11.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 12.  This Act shall take effect upon its approval;
 
16 provided that provisions relating to the licensing and regulation
 
17 of bachelor's social worker shall take effect on July 1, 2000.
 
18 
 
19                           INTRODUCED BY:  _______________________