Report Title:

Social Workers; Licensure

 

Description:

Provides privileged communication status for "LCSW"; Establishes limitations for the scope of practice; amends the definition of "CSW", practice of social work, and social worker; amends the licensing to include 3 levels and makes necessary conforming amendments; provides licensure exemptions; amends licensing requirements.

THE SENATE

S.B. NO.

2583

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to social work.

 

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

SECTION 1. The legislature finds that the practice of social work is a professional practice affecting the public health, safety, and welfare of the people of Hawaii and it is in the best interest of the public that this profession be regulated. Furthermore, the legislature finds that it is in the public’s best interest that only qualified persons be permitted to engage in the practice of social work, as defined by this Act.

The purpose of this Act is to promote, preserve, and protect the public health, safety, and welfare of the people of Hawaii by regulating the practice of social work and the licensure of social workers.

SECTION 2. Chapter 467E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§467E-A Privileged communication. Communications between licensed clinical social workers and their clients shall be treated in the same manner as provided for psychologist-client privilege under rule 504.1 of the Hawaii rules of evidence."

SECTION 3. Chapter 467E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§467E-B Limitations of scope of practice. In accordance with the definition of the practice of social work as defined in section 467E-1, there shall be limitations of the scope of the practice of social work as follows:

(1) The "licensed bachelor social worker" or "L.B.S.W." can perform duties as defined in paragraphs (1) to (4) of the definition of practice of social work in an agency setting under supervision;

(2) The "licensed social workers" or "L.S.W." can perform duties as defined in paragraphs (l) to (7) of the definition of practice of social work; and

(3) The "licensed clinical social worker" or "L.C.S.W." can perform any duties as defined in the definition of practice of social work."

SECTION 4. Section 431M-1, Hawaii Revised Statutes, is amended by amending the definition of "clinical social worker" to read as follows:

"[Clinical] Licensed clinical social worker" means a person who is a licensed [in the practice of] clinical social [work] worker pursuant to chapter 467E [and certified in clinical social work by a recognized national organization]."

SECTION 5. Section 467E-1, Hawaii Revised Statutes, is amended by amending the definitions of "practice of social work" and "social worker" to read as follows:

"Practice of social work" means applying the formal knowledge base, theoretical concepts, specific functional skills, and essential social values that are used to effect change in human behavior, emotional responses, and social conditions, and helping individuals, couples, families, groups, and community organizations enhance or restore their capacities for personal and social functioning [and] while preventing and controlling social problems. Social work practice is the professional application of social work values, principles, ethics, and techniques in the following areas:

(1) Information, resource identification [and development, and], referral services[;], mediation services, advocacy services, and education of individuals, groups, couples, and families;

(2) Preparation and evaluation of [psychosocial] assessments and development and implementation of social work service plans;

(3) Case management, coordination, casework intervention, addiction services, and monitoring of social work service plans in the areas of personal, social, or economic resources, conditions, or problems;

(4) Administration[,] development[,] of social service programs, policies, community organizations, planning, implementation, and involvement in the evaluation of social [work programs] systems and social policies;

[(5) Treatment and prevention of psychosocial dysfunction, disability, or impairment, including emotional and mental disorders;]

[(6)] (5) Social work consultation[;] and resource development;

[(7)] (6) Research through the formal [organization] design and methodology of data collection and the analysis and evaluation of [social work data practice; or] data, social work programs, social systems, and social policies;

(7) Psychosocial assessment, diagnostic impressions, treatment of individuals, couples, families, and groups, prevention of psychosocial dysfunction, disability or impairment, including emotional, mental, and behavioral disorders, and evaluation of practice effectiveness; and

(8) Clinical diagnosis or psychotherapy, or both, [only if the practitioner is a] provided by a licensed clinical social worker [who initially and trienially registers with the department and is granted permission to use the designation "C.S.W." or "clinical social worker" after providing proof of current certification by:

(A) The National Association of Social Workers as a qualified clinical social worker or diplomate in clinical social work; or

(B) The American Board of Examiners in Clinical Social Work as a board certified diplomate].

"Social worker" [or "licensed social worker" means a person who:

(1) Uses the title of "social worker";

(2) Has met the licensing requirements set forth in this chapter; and

(3) Who engages in the practice of social work as defined in this section.]

or "S.W." means a person who has been issued a license as a licensed bachelor social worker, licensed social worker, or licensed clinical social worker to practice within the scope of practice as provided in sections 467E-1 and 467E-B."

SECTION 6. Section 467E-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§467E-2[]] Social worker licensing program. There is established a social worker licensing program within the department to be administered by the director[.] that shall recognize the "licensed bachelor social worker" or "L.B.S.W., the "licensed social worker" or "L.S.W.", and the "licensed clinical social worker" or "L.C.S.W."."

SECTION 7. Section 467E-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§467E-3[]] Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall have the following powers and duties:

(1) Grant permission to a person to use the title and engage in the practice of social [worker] work in this State pursuant to this chapter and the rules adopted pursuant thereto;

(2) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out [the provisions of] this chapter;

(3) Administer, coordinate, and enforce this chapter and rules adopted pursuant thereto;

(4) Discipline a [licensed social worker] licensee for any cause described by this chapter or for any violation of the rules, fine any government employee employed as a social worker for any cause described by this chapter, and refuse to license a person for failure to meet licensing requirements or for any cause that would be grounds for disciplining a [licensed social worker; and] licensee; and

(5) Appoint an advisory committee consisting of [licensed] three social workers and two members of the public to assist with the implementation of this chapter and the rules adopted pursuant thereto."

SECTION 8. Section 467E-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§467E-5[]] License required. No person shall purport to be a "social worker" [or], "licensed bachelor social worker", "licensed social worker", or "licensed clinical social worker", or use the letters "S.W." [or], "L.B.S.W.", "L.S.W.", or "L.C.S.W." in connection with the person's name, or use any words or symbols indicating or tending to indicate that the person is a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker or engages in the practice of social work as defined in section 467E-1, and 467E-B without meeting the applicable requirements and holding a license as set forth in this chapter."

SECTION 9. Section 467E-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§467E-6[]] Exemptions. Licensure shall not be required of:

(1) Any licensed person doing work within the scope of practice or duties of the person's profession that overlaps with the practice of social work; provided the person does not purport to be a social worker [or licensed social worker];

(2) Any person employed by a federal, state, or county government agency in a social worker position but only at those times when that person is carrying out the duties and responsibilities as a social worker in governmental employment; [and]

(3) Any student enrolled in an accredited educational institution in a recognized program of study leading toward attainment of a degree in social work; provided that the student's activities and services are part of a prescribed course of study supervised by the educational institution, and the student is identified by an appropriate title such as "social work student", "social work intern", or any other title which clearly indicates the student's training status[.];

(4) Any person who is a member of a mental health profession not requiring licensure; provided that the person functions only within the person’s professional capacities; and provided further that the person does not purport to be a social worker;

(5) Any person teaching, lecturing, consulting, or engaging in research in social work insofar as the activities are performed as part of or are dependent upon employment in a college or university; provided that the person shall not engage in the practice of social work outside the responsibilities of the person’s employment;

(6) Any person who is a duly recognized member of the clergy; provided that the person functions only within the person’s capacities as a member of the clergy; and provided further that the person does not purport to be a social worker;

(7) Any person who is obtaining supervised clinical experience for licensure as a psychologist, marriage and family therapist, or other licensed professions; provided that the person’s title indicates a trainee status; and provided further that the person does not purport to be a social worker; and

(8) Any person in the process of obtaining three thousand hours of post master's clinical social work experience under the supervision of a licensed clinical social worker or individual identified in 467E-7(3)(D)(i) in order to qualify for a license as a licensed clinical social worker; and provided that the person calls the person's self clinical social work intern and is supervised while performing clinical diagnosis and psychotherapy."

SECTION 10. Section 467E-7, Hawaii Revised Statutes, is amended to read as follows:

"§467E-7 Licensing requirements. [In addition to the licensing requirements provided by section 436B-11, the director shall consider the following as minimum evidence that an applicant is qualified to be licensed:] Every applicant for a license as a social worker shall submit evidence satisfactory to the director that the applicant meets the following requirements:

(1) For the licensed bachelor social worker, the applicant:

(A) Holds a bachelor’s degree from a college or university in a social work program accredited by or deemed to be equivalent to a program accredited by the Council on Social Work Education; and

(B) Has passed the basic level national examination given by the Association of Social Work Boards:

[(1) The applicant holds] (2) For the licensed social worker, the applicant:

(A) Holds a master's degree from a college or university in a social work program accredited by or deemed to be equivalent to an accredited program by the Council on Social Work Education or a doctoral degree from a doctoral degree program in social work accredited by the Western Association of Schools and Colleges or a comparable regional accreditation body; and

[(2) The applicant has] (B) Has passed the intermediate or higher level national examination given by the Association of Social Work Boards[.]: and

(3) For the licensed clinical social worker, the applicant:

(A) Has met the same educational requirements in paragraph (2);

(B) Has passed the clinical level national examination given by the Association of Social Work Boards;

(C) Has provided evidence of successful completion of at least three thousand hours of post master's clinical social work experience under supervision completed within no fewer than two years, but within no more than five years. Clinical social work experience shall include a minimum of two thousand hours of assessment, clinical diagnosis, and psychotherapy; no more than a maximum of nine hundred hours of client centered advocacy, consultation, and evaluation; and at least one hundred hours of direct face-to-face supervision;

(D) At least sixty of the one hundred hours of direct face-to-face supervision shall have been individual supervision and the remaining forty hours may have been under small group (up to six supervisees) supervision:

(i) The supervisor shall be an L.C.S.W. with at least four thousand five hundred hours of post master's clinical social work experience.

(ii) For the first five years after the effective date of this Act, the following individuals shall be deemed to have satisfied the requirements of a supervisor: a person with a master’s degree in social work with at least four thousand five hundred hours post master's clinical social work experience; an individual who holds a diplomate in clinical social work or a board certified diplomate certification; a board certified psychiatrist, psychologist, advanced practice nurse with a psychiatric or mental health specialty or subspecialty who has a minimum of four thousand five hundred hours of post master's clinical experience in assessment, clinical diagnosis, and psychotherapy.

(iii) Supervision has occurred in an agency setting that provides clinical diagnosis and psychotherapy.

(E) An applicant who submits evidence of certification as a qualified clinical social worker or diplomate in clinical social work by the National Association of Social Workers or the board certified diplomate by the American Board of Examiners shall be deemed to have satisfied the experience requirements of paragraph (3)(C)."

SECTION 11. Section 467E-7.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§467E-7.5[]] Reciprocity and endorsement. (a) The director may enter into reciprocity agreements with other states and issue a license to a social worker who has been licensed in that state; provided that the requirements for a license in the state that the applicant is licensed are deemed by the director to be equal or greater than the requirements for a license in this State [at the date of the license].

(b) The director may also issue a license by endorsement by honoring a passing score on the examination of the Association of Social Work Boards; provided that at the minimum, the applicant meets the other requirements under [section] sections 467E-7 and 467E-9, and the passing score is from the examination category that is required for licensure in the State and the other state uses for its license."

SECTION 12. Section 467E-9, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Each applicant for licensure shall take and pass a [written] national examination administered by the Association of Social Work Boards in accordance with procedures and standards prescribed by the director.

(b) [Applicants who have passed the Academy of Certified Social Workers examination administered by the National Association of Social Workers prior to June 30, 1995, shall be deemed to have satisfied the requirements of this section only if the application for licensure is filed with the department by June 30, 2000.] Applicants for the "licensed clinical social worker" or "L.C.S.W." license who have passed the diplomate clinical assessment examination administered by the National Association of Social Workers before the effective date of this Act shall be deemed to have satisfied the requirement of this section only if the application for licensure is filed with the department by June 30, 2004."

SECTION 13. Section 467E-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore, or may deny, revoke, suspend, or condition in any manner any license, or fine any exempt government employee for any one or more of the following acts or conditions on the part of the applicant, licensee, or exempt person:

(1) Failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;

(2) Being addicted to, dependent on, or being a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature;

(3) [Practicing the profession] Engaging in the practice of social work while impaired by alcohol, drugs, or mental instability;

(4) Procuring a social work license through fraud, misrepresentation, or deceit;

(5) Aiding and abetting an unlicensed person to directly or indirectly use the title "social worker" or engage in the practice as a "licensed bachelor social worker", "licensed social worker"[;], or "licensed clinical social worker";

(6) Engaging in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of social work;

(7) Engaging in conduct or practice contrary to recognized standards of ethics for the social work profession;

(8) Failing to comply, observe, or adhere to any law in a manner such that the director deems the applicant or holder to be an unfit or improper person to hold a social work license;

(9) Revocation, suspension, or other disciplinary action by another state or federal agency against a licensee or applicant for any reason provided by this section;

(10) Having a criminal conviction, whether by nolo contendere or otherwise, of a crime directly related to the qualifications, functions, or duties of the social work profession;

(11) Failing to report in writing to the director any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days of the disciplinary decision;

(12) Employing, utilizing, or attempting to employ or utilize at any time any person not licensed under this chapter who purports to be or engages in the practice as a social worker, or licensed bachelor social worker, licensed social worker, or licensed clinical social worker; [or]

(13) Engaging in the practice of social work beyond the scope of the person's license; or

(14) [(13)] Violating this chapter or any rules adopted pursuant thereto."

SECTION 14. Section 467E-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall:

(1) Use in connection with the person's name any designation tending to imply that the person is a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker unless the person is duly licensed and authorized under this chapter;

(2) Represent oneself as a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker during the time the person's license issued under this chapter is forfeited, terminated, suspended, or revoked; [or]

(3) Perform clinical diagnosis or psychotherapy unless the person is[:

(A) A licensed social worker; and

(B) Registered as a clinical social worker as provided by paragraph (8) of the definition of "practice of social work" in section 467E-1.]

a licensed clinical social worker; or

(4) Engage in autonomous and independent clinical social work practice without being licensed as a licensed clinical social worker."

SECTION 15. All references to "clinical social worker", or like terms, as the case may be, in chapter 431M, Hawaii Revised Statutes, shall be amended to "licensed clinical social worker".

SECTION 16. In codifying the new sections added by section 2 and 3 and referenced in other sections of this Act, the reviser of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 18. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

_____________________________