REPORT TITLE:
Social Workers


DESCRIPTION:
Establishes licensing categories for "social work associate" and
"licensed clinical social worker".  Amends definition of "social
worker".  Makes licensure of clinical social workers effective
January 1, 2001. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.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 two new definitions to be appropriately
 
 3 inserted and to read as follows:
 
 4      ""Licensed clinical social worker" or "L.C.S.W." means a
 
 5 person who:
 
 6      (1)  Uses the title of "licensed clinical social 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) to (8) of the definition of "practice of
 
11           social work".  
 
12      "Social work associate" or "S.W.A." means a person who:
 
13      (1)  Uses the title of "social work associate";
 
14      (2)  Has met the licensing requirements set forth in this
 
15           chapter; and
 
16      (3)  Engages in the practice of social work as defined in
 
17           paragraphs (1) to (4) of the definition of "practice of
 
18           social work"."
 
19      SECTION 2.  Section 467E-1, Hawaii Revised Statutes, is
 

 
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 1 amended by amending the definitions of "practice of social work"
 
 2 and "social worker" or "licensed social worker" to read as
 
 3 follows:
 
 4      ""Practice of social work" means applying the formal
 
 5 knowledge base, theoretical concepts, specific functional skills,
 
 6 and essential social values that are used to effect change in
 
 7 human behavior, emotional responses, and social conditions, and
 
 8 helping individuals, couples, families, groups, and community
 
 9 organizations enhance or restore their capacities for personal
 
10 and social functioning [and] while preventing and controlling
 
11 social problems.  Social work practice is the professional
 
12 application of social work values, principles, and techniques in
 
13 the following areas: 
 
14      (1)  Information, resource identification [and development,]
 
15           and referral services[;], education of individuals,
 
16           groups, couples, and families, social work advocacy,
 
17           supervision of nonprofessional staff and other
 
18           bachelor's social workers, and mediation;
 
19      (2)  Preparation and evaluation of psychosocial assessments
 
20           and development of social work service plans;
 
21      (3)  Case management, coordination, intervention,
 
22           consultation, and monitoring of social work service
 
23           plans in the areas of personal, social, or economic
 

 
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 1           resources, conditions, or problems;
 
 2      (4)  [Administration, development,] Development of social
 
 3           service programs, community organization, planning,
 
 4           implementation, and involvement in the evaluation of
 
 5           social [work programs] systems and social policies;
 
 6      (5)  [Clinical diagnosis, treatment,and prevention of
 
 7           psychosocial dysfunction, disability, or impairment,
 
 8           including emotional and mental disorders;] Psychosocial
 
 9           assessment and diagnostic impressions of individuals,
 
10           couples, families, and groups under the supervision of
 
11           a qualified clinical social worker, diplomate in
 
12           clinical social work, or board certified diplomate;
 
13      (6)  [Social work consultation; or] Administration of social
 
14           work programs and policies;
 
15      (7)  Research through the formal [organization] design and
 
16           methodology of data collection and the analysis and
 
17           evaluation of [social work] data [practice.]; or
 
18      (8)  Psychotherapy provided by a licensed clinical social
 
19           worker.
 
20      ["Social worker" or "licensed social worker"] "Licensed
 
21 social worker" or "L.S.W." means a person who:
 
22      (1)  Uses the title of ["social worker";] "licensed social
 
23           worker";
 

 
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 1      (2)  Has met the licensing requirements set forth in this
 
 2           chapter; and
 
 3      (3)  Who engages in the practice of social work as defined
 
 4           in [this section.] paragraphs (1) to (7) of the
 
 5           definition of "practice of social work".
 
 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 to be administered by the director[.] that shall
 
11 recognize the "social work associate" or "S.W.A.", the "licensed
 
12 social worker" or "L.S.W.", and the "licensed clinical social
 
13 worker" or "L.C.S.W."."
 
14      SECTION 4.  Section 467E-3, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]467E-3[]]  Powers and duties of the director.  In
 
17 addition to any other powers and duties authorized by law, the
 
18 director shall have the following powers and duties:
 
19      (1)  Grant permission to a person to use the title of social
 
20           work associate, licensed social worker, or licensed
 
21           clinical social worker in this State pursuant to this
 
22           chapter and the rules adopted pursuant thereto;
 
23      (2)  Adopt, amend, or repeal rules pursuant to chapter 91 as
 

 
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 1           the director finds necessary to carry out the
 
 2           provisions of this chapter;
 
 3      (3)  Administer, coordinate, and enforce this chapter and
 
 4           rules adopted pursuant thereto;
 
 5      (4)  Discipline a social work associate, licensed social
 
 6           worker, or licensed clinical social worker for any
 
 7           cause described by this chapter or for any violation of
 
 8           the rules, fine any government employee employed as a
 
 9           social [worker] work associate, licensed social worker,
 
10           or licensed clinical social worker for any cause
 
11           described by this chapter, and refuse to license a
 
12           person for failure to meet licensing requirements or
 
13           for any cause that would be grounds for disciplining a
 
14           social work associate, licensed social worker[;], or
 
15           licensed clinical social worker; and
 
16      (5)  Appoint an advisory committee consisting of social work
 
17           associates, licensed social workers, and licensed
 
18           clinical social workers to assist with the
 
19           implementation of this chapter and the rules adopted
 
20           pursuant thereto."
 
21      SECTION 5.  Section 467E-5, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]467E-5[]]  License required.  No person shall purport
 

 
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 1 to be a "social [worker"] work associate" [or], "licensed social
 
 2 worker", or "licensed clinical social worker", or use the letters
 
 3 ["S.W." or] "S.W.A.", "L.S.W.", or "L.C.S.W." in connection with
 
 4 the person's name, or use any words or symbols indicating or
 
 5 tending to indicate that the person is a social worker without
 
 6 meeting the applicable requirements and holding a license as set
 
 7 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 or] work associate,
 
16           licensed social worker[;], or licensed clinical social
 
17           worker;
 
18      (2)  Any person employed by a federal, state, or county
 
19           government agency in a social worker position but only
 
20           at those times when that person is carrying out the
 
21           duties and responsibilities as a social worker in
 
22           governmental employment; and
 
23      (3)  Any student enrolled in an accredited educational
 

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

 
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 1                Work Boards;
 
 2      (2)  For the licensed social worker:
 
 3           (A)  The applicant holds a master's degree from a
 
 4                college or university in a social work program
 
 5                accredited by or deemed to be equivalent to an
 
 6                accredited program by the Council on Social Work
 
 7                Education or a doctoral degree accredited by the
 
 8                Western Association of Schools and Colleges or a
 
 9                comparable regional accreditation body; and
 
10     [(2)] (B)  The applicant has passed the national examination
 
11                given by the American Association of State Social
 
12                Work Boards[.]; and
 
13     (3)   For the licensed clinical social worker:
 
14           (A)  The applicant is currently certified as a
 
15                qualified clinical social worker (Q.C.S.W.) or
 
16                diplomate in clinical social work (D.C.S.W.) by
 
17                the National Association of Social Workers, or a
 
18                current board certified diplomate (B.C.D.) by the
 
19                American Board of Examiners in Clinical Social
 
20                Work; and
 
21           (B)  The applicant has passed the national examination
 
22                given by the American Association of State Social
 
23                Work Boards."  
 

 
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 1      SECTION 8.  Section 467E-9, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Applicants who have passed the Academy of Certified
 
 4 Social Workers examination, hold a diplomate in clinical social
 
 5 work administered by the National Association of Social Workers
 
 6 prior to June 30, 1995, or hold a board certified diplomate
 
 7 administered by the American Board of Examiners prior to June 30,
 
 8 1995, shall be deemed to have satisfied the requirements of this
 
 9 section."
 
10      SECTION 9.  Section 467E-12, Hawaii Revised Statutes, is
 
11 amended by amending subsection (a) to read as follows:
 
12      "(a)  In addition to any other acts or conditions provided
 
13 by law, the director may refuse to renew, reinstate, or restore,
 
14 or may deny, revoke, suspend, or condition in any manner any
 
15 license, or fine any exempt government employee for any one or
 
16 more of the following acts or conditions on the part of the
 
17 applicant, licensee, or exempt person:
 
18      (1)  Failing to meet or maintain the conditions and
 
19           requirements necessary to qualify for the granting of a
 
20           license;
 
21      (2)  Being addicted to, dependent on, or being a habitual
 
22           user of a narcotic, barbiturate, amphetamine,
 
23           hallucinogen, opium, or cocaine, or other drugs or
 

 
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 1           derivatives of a similar nature;
 
 2      (3)  Practicing the profession of social work while impaired
 
 3           by alcohol, drugs, or mental instability;
 
 4      (4)  Procuring a social work license through fraud,
 
 5           misrepresentation, or deceit;
 
 6      (5)  Aiding and abetting an unlicensed person to directly or
 
 7           indirectly use the title "social [worker" or] work
 
 8           associate", "licensed social worker"[;], or "licensed
 
 9           clinical social worker";
 
10      (6)  Engaging in professional misconduct, incompetence,
 
11           gross negligence, or manifest incapacity in the
 
12           practice of social work;
 
13      (7)  Engaging in conduct or practice contrary to recognized
 
14           standards of ethics for the social work profession;
 
15      (8)  Failing to comply, observe, or adhere to any law in a
 
16           manner such that the director deems the applicant or
 
17           holder to be an unfit or improper person to hold a
 
18           social work license;
 
19      (9)  Revocation, suspension, or other disciplinary action by
 
20           another state or federal agency against a licensee or
 
21           applicant for any reason provided by this section;
 
22     (10)  Having a criminal conviction, whether by nolo
 
23           contendere or otherwise, of a crime directly related to
 

 
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 1           the qualifications, functions, or duties of the social
 
 2           work profession;
 
 3     (11)  Failing to report in writing to the director any
 
 4           disciplinary decision issued against the licensee or
 
 5           the applicant in another jurisdiction within thirty
 
 6           days of the disciplinary decision;
 
 7     (12)  Employing, utilizing, or attempting to employ or
 
 8           utilize at any time any person not licensed under this
 
 9           chapter who purports to be a social [worker or] work
 
10           associate, licensed social worker[;], or licensed
 
11           clinical social worker; or
 
12     (13)  Violating this chapter or any rules adopted pursuant
 
13           thereto."
 
14      SECTION 10.  Section 467E-13, Hawaii Revised Statutes, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  No person shall:
 
17      (1)  Use in connection with the person's name any
 
18           designation tending to imply that the person is a
 
19           social work associate, licensed social worker, or
 
20           licensed clinical social worker unless the person is
 
21           duly licensed and authorized under this chapter; [or]
 
22      (2)  Represent oneself as a social work associate, licensed
 
23           social worker, or licensed clinical social worker
 

 
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 1           during the time the person's license issued under this
 
 2           chapter is forfeited, terminated, suspended, or
 
 3           revoked[.];
 
 4      (3)  Perform counseling or psychotherapy if the person is
 
 5           licensed as a social work associate;
 
 6      (4)  Maintain an autonomous social work practice if the
 
 7           person is licensed as a social work associate; or
 
 8      (5)  Perform psychotherapy if the person is a licensed
 
 9           social worker."
 
10      SECTION 11.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 12.  This Act shall take effect upon its approval;
 
13 provided that provisions relating to the licensing and regulation
 
14 of licensed clinical social workers shall take effect on
 
15 December 31, 2001.