REPORT TITLE:
Social Workers


DESCRIPTION:
Adopts the auditor's recommendations on amendments to chapter
467E.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2019 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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.  The legislature finds that the auditor evaluated
 
 2 the regulation of social workers under chapter 467E, Hawaii
 
 3 Revised Statutes, which is scheduled for repeal on December 31,
 
 4 2000.  In its sunset evaluation of social workers, the auditor
 
 5 recommended that the social worker regulatory law be repealed as
 
 6 scheduled.  The auditor also made some statutory recommendations
 
 7 to the social worker law if regulation should be continued.
 
 8      The purpose of this Act is to implement the auditor's
 
 9 statutory recommendations in the event of the continued
 
10 regulation of social workers under chapter 467E, Hawaii Revised
 
11 Statutes.  Specifically, the purpose of this Act is to remove the
 
12 sunsetting of chapter 467E and to adopt changes relating to
 
13 reciprocity and endorsement, exemptions for overlapping
 
14 professions and public employees, examinations, and grounds for
 
15 license restrictions.
 
16      SECTION 2.  Chapter 467E, Hawaii Revised Statutes, is
 
17 amended by adding a new section to be appropriately designated
 
18 and to read as follows:
 
19      "§467E-    Reciprocity and endorsement.  (a)  The director
 

 
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 1 may enter into reciprocity agreements with other states and issue
 
 2 a license to a social worker who has been licensed in that state;
 
 3 provided the requirements for a license in the state in which the
 
 4 applicant is licensed, are deemed by the director to be
 
 5 equivalent to the requirements for a license in this State at the
 
 6 date of the license.
 
 7      (b)  The director may also issue a license by endorsement by
 
 8 honoring a passing score on the examination of the American
 
 9 Association of State Social Work Boards; provided that the
 
10 applicant meets the other requirements under section 467E-7 and
 
11 the passing score is from the examination category that the other
 
12 state uses for its license."
 
13      SECTION 3.  Section 26H-4, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§26H-4 Repeal dates for newly enacted professional and
 
16 vocational regulatory programs.(a)  Any professional or
 
17 vocational regulatory program enacted after January 1, 1994 and
 
18 listed in this section shall be repealed on the date indicated in
 
19 subsection (b).  The auditor shall perform an evaluation of the
 
20 program, pursuant to section 26H-5, prior to its repeal date.
 
21      (b)  [(1)  Chapter 467E (social workers) shall be repealed
 
22           on December 31, 2000.
 
23      (2)] (1)  Chapter 451J (marriage and family therapists)
 

 
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 1           shall be repealed on December 31, 2002.
 
 2     [(3)] (2)  Chapter 457G (occupational therapy practice) shall
 
 3           be repealed on December 31, 2003."
 
 4      SECTION 4.  Section 467E-6, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§467E-6[]]  Exemptions.  Licensure shall not be required
 
 7 of[:
 
 8      (1)  Any person doing work within the scope of practice or
 
 9           duties of the person's profession that overlaps with
 
10           the practice of social work; provided the person does
 
11           not purport to be a social worker or licensed social
 
12           worker;
 
13      (2)  Any person employed by a federal, state, or county
 
14           government agency in a social worker position but only
 
15           at those times when that person is carrying out the
 
16           duties and responsibilities as a social worker in
 
17           governmental employment; and
 
18      (3)  Any] any student enrolled in an accredited educational
 
19           institution in a recognized program of study leading
 
20           toward attainment of a degree in social work; provided
 
21           that the student's activities and services are part of
 
22           a prescribed course of study supervised by the
 
23           educational institution, and the student is identified
 

 
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 1           by an appropriate title such as "social work student",
 
 2           "social work intern", or any other title which clearly
 
 3           indicates the student's training status." 
 
 4      SECTION 5.  Section 467E-9, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§467E-9[]]  Examination for license.(a)  Each
 
 7 applicant for licensure shall take and pass a written national
 
 8 examination administered by the American Association of State
 
 9 Social Work Boards in accordance with procedures and standards
 
10 prescribed by the director.
 
11      [(b)  Applicants who have passed the Academy of Certified
 
12 Social Workers examination administered by the National
 
13 Association of Social Workers prior to June 30, 1995, shall be
 
14 deemed to have satisfied the requirements of this section.
 
15      (c)] (b)  The examination fee shall be paid by the applicant
 
16 directly to the American Association of State Social Work
 
17 Boards."
 
18      SECTION 6.  Section 467E-12, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  In addition to any other acts or conditions provided
 
21 by law, the director may refuse to renew, reinstate, or restore,
 
22 or may deny, revoke, suspend, or condition in any manner any
 
23 license, or fine any exempt government employee for any one or
 

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

 
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 1           or holder to be an unfit or improper person to hold a
 
 2           social work license;
 
 3     [(9)] (8)  Revocation, suspension, or other disciplinary
 
 4           action by another state or federal agency against a
 
 5           licensee or applicant for any reason provided by this
 
 6           section;
 
 7    [(10)] (9)  Having a criminal conviction, whether by nolo
 
 8           contendere or otherwise, of a crime directly related to
 
 9           the qualifications, functions, or duties of the social
 
10           work profession;
 
11    [(11)] (10)  Failing to report in writing to the director any
 
12           disciplinary decision issued against the licensee or
 
13           the applicant in another jurisdiction within thirty
 
14           days of the disciplinary decision;
 
15    [(12)] (11)  Employing, utilizing, or attempting to employ or
 
16           utilize at any time any person not licensed under this
 
17           chapter who purports to be a social worker or licensed
 
18           social worker; or
 
19    [(13)] (12)  Violating this chapter or any rules adopted
 
20           pursuant thereto."
 
21      SECTION 7.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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 1      SECTION 8.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________