Report Title:
Social Workers
Description:
Requires a social worker/human services professional with a social work degree to be called a social worker and all others to be called human services professionals. Requires DHRD to develop a plan for separating the social worker/human services professional class into two separate classes. Requires new state social workers and all federal and county social workers to be licensed beginning 7/1/07. Prohibits DHRD from eliminating the social worker class. Exempts employees of the Hawaii paroling authority. (SB1773 SD2 HD1)
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THE SENATE |
S.B. NO. |
1773 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
relating to social workers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. On May 1, 2004, the department of human resources development eliminated the class known as social worker in all its classifications and replaced it with the social worker/human services professional class. Employees within the social worker/human services professional classification include both individuals who possess advanced degrees in social work, and those who do not. Within the social worker/human services professional classification, the following shall apply to:
(1) An individual who either:
(A) Transferred from the eliminated social worker class; or
(B) Is hired subsequent to July 1, 2004, in a social worker/human services professional position and possesses an advanced degree, including a bachelor's, master's, or doctoral degree in social work from a college or university social work program accredited by or deemed to be equivalent to a program accredited by the Council on Social Work Education, the Western Association of Schools and Colleges, or a comparable regional accreditation body,
shall be entitled and designated as a social worker; and
(2) An individual who is hired subsequent to July 1, 2004, in a social worker/human services professional position who does not possess an advanced degree in social work shall be entitled and designated as a human services professional.
SECTION 2. (a) On or before June 30, 2006, the department of human resources development shall develop a plan for the implementation of separate classifications of a social worker class and a human services professional class. The re-establishment of a separate social worker class recognizes the importance of the role of social workers. Furthermore, it promotes the maintenance of high standards of qualifications, education, and experience for those who hold themselves out to be social workers, in concordance with the legislative intent behind the social worker licensure laws, under chapter 467E. The department of human resources shall develop its plan through consultation and coordination with:
(1) The Hawaii Chapter of the National Association of Social Workers;
(2) The University of Hawaii school of social work;
(3) Hawaii Pacific University School of Social Work;
(4) Brigham Young University-Hawaii School of Social Work;
(5) The Hawaii Government Employees Association;
(6) The departments of education;
(7) The department of health;
(8) The department of human services;
(9) The department of public safety; and
(10) Any other affected department or agency.
The plan shall not include the reclassification of the social workers positions which were previously reclassified as part of the parole officer series on May 1, 2004.
(b) The department of human resources development shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2007, which shall include the implementation plan for the separate social worker and human services professional classes. The legislature shall review the plan, which, if accepted, shall become effective July 1, 2007; provided that if the plan is rejected, the legislature may provide further guidance and clarification to the department of human resources development pursuant to a concurrent resolution.
SECTION 3. The department of human resources development shall not eliminate or abolish, by reason of attrition or any other reason, except by direct act of the legislature, a social worker class in all its classifications, or replace it with any other class titled human services professional or otherwise titled, throughout all jurisdictions of the state civil service, including the counties, the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation. Any such elimination or abolishment shall be deemed void and the eliminated or abolished positions shall be immediately restored to their status as of May 1, 2004; provided that social worker positions reclassified within the parole officer series shall not be affected.
SECTION 4. Section 467E-1, Hawaii Revised Statutes, is amended by amending the definition of "exempt government employee" to read as follows:
""Exempt government employee" means an employee in a social worker position with any [federal,] state[, or county] government agency[.]; provided that the state social worker was employed with the State in a social worker position prior to July 1, 2007."
SECTION 5. 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;
(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;] Any social worker employed with the State in a social worker position prior to July 1, 2007;
(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
(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 as another licensed professional; 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 masters clinical social work experience under the supervision of a licensed clinical social worker or individual identified in section 467E-7(3)(C)(ii) in order to qualify for a license as a licensed clinical social worker; [and] provided that the person calls [oneself] the person's self a clinical social work intern and is supervised while performing clinical diagnosis and psychotherapy."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval; provided that sections 4 and 5 shall take effect on July 1, 2007.