STAND. COM. REP. NO.1263

Honolulu, Hawaii

, 2001

RE: H.B. No. 945

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 945, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SOCIAL WORK,"

begs leave to report as follows:

The purposes of this measure, as received, are to:

(1) Recognize clinical social workers (CSWs) in the social worker law, as a subset of licensed social workers (LSWs) whose scope of practice includes clinical diagnosis, psychotherapy, or both;

(2) Condition use of the title "clinical social worker" or "C.S.W." on registration with the Department of Commerce and Consumer Affairs (DCCA) and proof of current certification by either the National Association of Social Workers as either a qualified clinical social worker or diplomate in clinical social work; or the American Board of Examiners in Clinical Social Work as a board certified diplomate; and

(3) Prohibit persons from performing clinical diagnosis or psychotherapy unless they are an LSW who is registered with DCCA as a CSW.

Testimony in support of this measure was submitted by the Department of Human Services, Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Division, the Clinical Social Work Society of Hawaii, BodyMind & Breath Center, Hawaii Youth Services Network, Haleopio Kauai, Inc., Sex Abuse Treatment Center, National Association of Social Workers, and thirteen private citizens.

Your Committee finds that there is a great deal of support, both in state agencies and in the social work field to establish a three tier licensing system. This measure will allow the Department of Human Services to easily determine the practitioner's qualification and also determine which of these social workers could become Medicaid eligible providers. Your Committee also finds that this three tier licensing will allow the State to draw down Medicaid matching funds for social work providers.

Your Committee has amended this measure by removing its contents and replacing it with language that:

(1) Establishes a three-tier licensing structure to be done by DCCA;

(2) Defines "licensed independent clinical social workers", "licensed social workers", and "licensed bachelor social workers";

(3) Allows communications between licensed independent clinical social workers and their patients to be privileged under rules of evidence;

(4) Redefines the scope of practice for all levels of social workers;

(5) Expands the power of the Director of DCCA to recommend continuing education standards and develop standards for licensure;

(6) Requires the Director of DCCA to establish one licensing fee for all levels of social workers;

(7) Establishes exemptions when the person's professions overlap;

(8) Establishes the licensing and examination requirements;

(9) Amends the definition of clinical social worker in 431M, Hawaii Revised Statutes, to be consistent with this Act; and

(10) Provides grandfathering for currently qualified licensed independent clinical social workers.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 945, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 945, H.D. 1, S.D. 1, and be referred to the Committee on Commerce, Consumer Protection and Housing.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

____________________________

DAVID MATSUURA, Chair