Report Title:
Social Work Practice; Licensing
Description:
Requires DCCA to license bachelor social workers, licensed social workers, and independent clinical social workers; protects practice of independent clinical social workers; protects title of licensed independent clinical social workers; establishes license application requirements; exempts social workers when employed by federal, state, or county government. (SD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
945 |
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TWENTY-FIRST LEGISLATURE, 2001 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
relating to social work.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 467E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§467E- Privileged communication. Communications between licensed independent clinical social workers and their clients shall be treated in the same manner as provided under Rule 504.1 of Hawaii Rules of Evidence for psychologist-client privilege."
SECTION 2. Section 431M-1, Hawaii Revised Statutes, is amended by amending the definition of "clinical social worker" to read:
""[Clinical] Licensed independent clinical social worker" means a person licensed in the practice of clinical social work pursuant to chapter 467E [and certified in clinical social work by a recognized national organization]."
SECTION 3. Section 467E-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Licensed independent clinical social worker" or "L.I.C.S.W." means a person who:
(1) Uses the title of "licensed independent clinical social worker", or "L.I.C.S.W.";
(2) Has met the licensing requirements of a licensed independent clinical social worker set forth in this chapter; and
(3) Engages in the practice of social work as defined in paragraphs (1) to (9) of the definition of "practice of social work".
"Licensed bachelor social worker" or "L.B.S.W." means a person who:
(1) Uses the title of "licensed bachelor social worker", or "L.B.S.W.";
(2) Has met the licensing requirements set forth in this chapter; and
(3) Engages in the practice of social work as defined in paragraphs (1) to (4) of the definition of "practice of social work" under appropriate supervision of a licensed social worker or licensed independent clinical social worker following the award of the Bachelor of Social Work degree."
SECTION 4. Section 467E-1, Hawaii Revised Statutes, is amended by amending the definitions of "practice of social work" and "social worker" or "licensed 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, 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 of social work service plans;]
[(3)] (2) Case management, coordination, casework intervention, and monitoring of social work service plans in the areas of personal, social, or economic resources, conditions, or problems;
(3) Preparation and evaluation of assessments and development of social work service plans;
(4) [Administration, development,] Development of social service programs, community organization, planning, implementation, and involvement in the evaluation of social [work programs] systems and social policies;
[(5) Clinical diagnosis, treatment, and prevention of psychosocial dysfunction, disability, or impairment, including emotional and mental disorders;]
(5) Administration of social work programs and policies;
(6) Social work consultation; [or]
(7) Research through the formal [organization] design and methodology of data collection and the analysis and evaluation of [social work] data [practice.];
(8) Psychosocial assessment, diagnostic impressions and treatment of individuals, couples, families, and groups; or
(9) Clinical diagnosis and psychotherapy provided by a licensed independent clinical social worker.
["Social worker" or "licensed social worker"] "Licensed social worker or "L.S.W." means a person who:
(1) Uses the title of ["social worker";] "licensed social worker" or "L.S.W.";
(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.] paragraphs (1) to (8) of the definition of "practice of social work" under appropriate supervision for a least two years of practice following the award of the Masters of Social Work (M.S.W.) degree."
SECTION 5. 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 independent clinical social worker" or "L.I.C.S.W."."
SECTION 6. 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 [of social worker] set forth in section 467E-2 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 of any level 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;
(5) Appoint an advisory committee consisting of [licensed social workers] licensees to assist with the implementation of this chapter and the rules adopted pursuant thereto[.];
(6) Establish recommended continuing education standards for all licensees; and
(7) Develop standards for licensure."
SECTION 7. Section 467E-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Application, examination, reexamination, license, renewal, late renewal penalty fees, applied equally among all social work levels, and other reasonable and necessary fees relating to administration of this chapter, none of which are refundable, shall be as provided in rules adopted by the director pursuant to chapter 91."
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 independent clinical social worker", or use the letters ["S.W." or] "L.B.S.W.", "L.S.W.", or "L.I.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 independent clinical social worker without meeting the applicable requirements and holding a license as set forth in this chapter. If the person who is obtaining a license under this chapter qualifies for more than one license, the person shall only be required to obtain one license; provided that the licensed obtained is the higher level of practice."
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 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 bachelor social worker, licensed social worker[;], or licensed independent clinical 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."
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:
(1) [The] For the licensed bachelor social worker:
(A) The applicant 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 or a comparable regional accreditation body; and
(B) The applicant has passed at least the basic level national examination by the Association of Social Work Boards;
(2) For the licensed social worker:
(A) The applicant 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 program in social work or social welfare accredited by the Western Association of Schools and Colleges or a comparable regional accreditation body; and
[(2)] (B) The applicant has passed the intermediate or advanced level national examination given by the [American] Association of [State] Social Work Boards[.]; and
(3) For the licensed independent clinical social worker:
(A) The applicant is currently certified as a diplomate in clinical social work (D.C.S.W.) by the National Association of Social Workers, or a current board certified diplomate (B.C.D.) by the American Board of Examiners in Clinical Social Work;
(B) The applicant is currently certified as a qualified clinical social worker by the National Association of Social Workers and has passed the clinical level national examination by the Association of the Social Work Boards; and
(C) Provides proof of current certification by:
(i) The National Association of Social Workers as a qualified clinical social worker, diplomate in clinical social work; or
(ii) The American Board of Examiners in Clinical Social Work as a board certified diplomate."
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] in which the applicant is licensed are deemed by the director to be equal to 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 basic, intermediate, advanced, or clinical examination of the Association of Social Work Boards; provided that the applicant meets the other requirements under section 467E-7 and the passing score is from the examination category that the other state uses for its license."
SECTION 12. Section 467E-9, Hawaii Revised Statutes, is amended to read as follows:
"§467E-9 Examination for license. (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.]
(b) Applicants for the "licensed independent clinical social worker" or "L.I.C.S.W." who have been awarded the diplomate in clinical social work or D.C.S.W. administered by the National Association of Social Workers or the Board Certified Diplomate or B.C.D. by the American Board of Examiners for Clinical Social Workers before the effective date of this Act shall be deemed to have satisfied the requirements of this section.
[(c)] (d) The examination fee shall be paid by the applicant directly to the Association of Social Work Boards."
SECTION 13. Section 467E-11, Hawaii Revised Statutes, is amended to read as follows:
"[[]§467E-11[]] Renewals. Every license issued under this chapter shall be renewed triennially on or before June 30, with the first renewal deadline occurring on [June 30, 1998.] June 30, 2004. Failure to renew a license shall result in a forfeiture of the license. Licenses which have been [so] forfeited may be restored within one year of the expiration date upon payment of renewal and penalty fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license and relicensure may be subject to the person applying as a new applicant and satisfying again all licensing requirements."
SECTION 14. 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[;], including senility;
(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] "licensed bachelor social worker", "licensed social worker"[;], or "licensed independent 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 a [social worker or] licensed bachelor social worker, licensed social worker[;], or licensed independent clinical social worker; [or]
(13) Maintaining an autonomous clinical social work practice if the person is licensed as a licensed bachelor social worker or licensed social worker; or
[(13)] (14) Violating this chapter or any rules adopted pursuant thereto."
SECTION 15. 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 independent clinical social worker unless the person is duly licensed and authorized under this chapter; [or]
(2) Represent oneself as a licensed bachelor social worker, licensed social worker, or licensed independent clinical social worker during the time the person's license issued under this chapter is forfeited, terminated, suspended, or revoked[.];
(3) Perform clinical diagnosis or psychotherapy if the person is licensed as a licensed bachelor social worker or licensed social worker; or
(4) Engage in autonomous clinical social work practice if the person is a licensed social worker or a licensed bachelor social worker."
SECTION 16. 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 independent clinical social worker", or the like terms, as the case may be, as the context requires.
SECTION 17. Upon the enactment of this Act, all social workers certified by the National Association of Social Workers as a qualified clinical social worker, a diplomate in clinical social work certified by the National Association of Social Workers, or a board certified diplomate by the American Board of Examiners in Clinical Social Work are deemed to have satisfied all requirements for the licensed clinical social worker, provided that they make an application to the director before July 1, 2002.
SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 19. This Act shall take effect on July 1, 2001; provided that section 2 shall take effect on July 1, 2003.