00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 349 01 "An Act prohibiting the use of the title 'social worker' without a license; relating 02 to social workers, licensure of social workers, and the Board of Clinical Social 03 Work Examiners; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. PURPOSE. It is the purpose of this Act to promote, preserve, and protect the 06 public health, safety, and welfare through the licensure of social workers and regulation of the 07 use of the title "social worker." 08 * Sec. 2. AS 08.01.010(10) is amended to read: 09 (10) Board of [CLINICAL] Social Work Examiners (AS 08.95.010); 10 * Sec. 3. AS 08.01.050(d)(1) is amended to read: 11 (1) Board of [CLINICAL] Social Work Examiners; 12 * Sec. 4. AS 08.03.010(c)(6) is amended to read: 13 (6) Board of [CLINICAL] Social Work Examiners (AS 08.95.010) -- 14 June 30, 2005; 01 * Sec. 5. AS 08.95.010(a) is amended to read: 02 (a) There is created the Board of [CLINICAL] Social Work Examiners 03 composed of five members , as follows: one member [. FOUR MEMBERS MUST 04 BE PERSONS] licensed under this chapter as a baccalaureate social worker; one 05 member licensed under this chapter as a master social worker; two members 06 licensed under this chapter as clinical social workers; and one public member who 07 has never been licensed under this chapter. At [, INCLUDING AT] least one of 08 the licensed members must be a person who is not an employee of a federal, state, 09 or local government or of a private nonprofit organization that is exempt from federal 10 income tax. [ONE MEMBER MUST BE A PUBLIC MEMBER.] 11 * Sec. 6. AS 08.95.020 is amended to read: 12 Sec. 08.95.020. Board meetings. The board shall hold at least two meetings 13 [ONE MEETING] each year. The board may hold additional meetings at the call of 14 the chair or of a majority of the board members. 15 * Sec. 7. AS 08.95.030 is amended to read: 16 Sec. 08.95.030. Duties. The board shall 17 (1) issue licenses to qualified applicants; 18 (2) submit an annual report of its proceedings to the department; the 19 report must include the information required under AS 08.01.070(10) and other 20 information as requested by the department; 21 (3) [AFTER A HEARING, IMPOSE DISCIPLINARY SANCTIONS 22 ON A PERSON WHO VIOLATES THIS CHAPTER OR THE REGULATIONS OR 23 ORDERS OF THE BOARD; 24 (4)] adopt regulations 25 (A) requiring that continuing education requirements be satisfied 26 before a license is renewed; 27 (B) establishing a code of professional ethics that a licensee 28 must observe; 29 (C) establishing standards of practice for social work 30 performed by a licensee; and 31 (D) establishing standards for supervisors and for 01 supervision that is required for licensure under AS 08.95.110(a); 02 (4) order a licensed social worker to submit to a reasonable 03 physical or mental examination if the board has credible evidence that the social 04 worker's capacity to practice safely is in question; 05 (5) adopt regulations necessary to carry out the duties and purpose of 06 this chapter. 07 * Sec. 8. AS 08.95.040(a) is amended to read: 08 (a) The board shall adopt continuing education requirements for persons 09 licensed under this chapter. Continuing education requirements that must be satisfied 10 before the first biennial renewal of a person's license must include a minimum of 11 45 hours [PER BIENNIUM] of education or training with a minimum of three hours 12 in professional ethics, six hours in substance abuse , and six hours in cross-cultural 13 education that includes issues relating to Alaska [EMPHASIZING ALASKAN] 14 Natives. After the first biennial renewal of a license, continuing education 15 requirements for that person's license renewal must include three hours in 16 professional ethics, six hours in substance abuse, and six hours in cross-cultural 17 education, three hours of which must include issues relating to Alaska Natives. 18 * Sec. 9. AS 08.95 is amended by adding a new section to article 1 to read: 19 Sec. 08.95.050. Disciplinary sanctions. The board may impose a disciplinary 20 sanction under AS 08.01.075 if it finds that a licensee 21 (1) secured a license through deceit, fraud, or intentional 22 misrepresentation; 23 (2) engaged in deceit, fraud, or intentional misrepresentation in the 24 course of providing professional services or in the course of professional activities; 25 (3) advertised professional services in a false or misleading manner; 26 (4) violated this chapter, a regulation adopted under this chapter, or an 27 order issued by the board; 28 (5) is the subject of a disciplinary sanction or other adverse licensing 29 action in another jurisdiction relating to a social work license; 30 (6) failed to report to the board that the licensee is or was the subject 31 of a disciplinary proceeding or other adverse licensing action in another jurisdiction 01 relating to a social work license; 02 (7) has been convicted of a felony or has been convicted of a 03 misdemeanor that reflects on the licensee's ability to practice competently and 04 professionally; 05 (8) intentionally or negligently engaged in, or permitted persons under 06 the licensee's supervision to engage in, client care that did not conform to minimum 07 professional standards or to the standards of practice adopted by the board regardless 08 of whether actual injury to the client occurred; 09 (9) continued to practice after becoming unfit due to 10 (A) professional incompetence; 11 (B) failure to keep informed of current professional practices; 12 (C) addiction to or severe dependency on alcohol or other drugs 13 that impairs the ability to practice safely; or 14 (D) physical or mental disability; 15 (10) engaged in lewd, immoral, or unethical conduct in connection with 16 the delivery of professional services to clients; or 17 (11) engaged in sexual contact with a person during the time period 18 that the person was a client or within two years after termination of the licensee's 19 professional relationship with the client. 20 * Sec. 10. AS 08.95.100(a) is amended to read: 21 (a) A person who practices clinical social work without obtaining a license 22 under this chapter to practice clinical social work [ISSUED BY THE BOARD 23 AND WITHOUT QUALIFYING FOR AN EXEMPTION FROM THIS CHAPTER] 24 is guilty of a class B misdemeanor unless the person is 25 (1) licensed under a provision of this title that is outside this 26 chapter, is practicing within the scope of that license, and is not representing to 27 the public by title or description of service as being engaged in the practice of 28 clinical social work; or 29 (2) practicing clinical social work as a student in a social work 30 program approved by the board . 31 * Sec. 11. AS 08.95.100(b) is amended to read: 01 (b) A person is guilty of a class B misdemeanor if the person [WHO] is not 02 licensed 03 (1) under this chapter and uses the title "social worker" unless the 04 person is exempt from licensure under AS 08.95.911; 05 (2) as a clinical social worker under this chapter [,] or has a clinical 06 social worker [WHOSE] license that is suspended , [OR] revoked, or [WHOSE 07 LICENSE HAS] lapsed, and the person 08 (A) [WHO] uses in connection with the person's name the 09 words or letters "L.C.S.W.," "Licensed Clinical Social Worker," or other letters, 10 words, or insignia indicating or implying that the person is a licensed clinical 11 social worker ; [,] or 12 (B) [WHO] in any way, orally [,] or in writing, directly or by 13 implication, holds out as a licensed clinical social worker ; 14 (3) as a master social worker under this chapter or has a master 15 social worker license that is suspended, revoked, or lapsed, and the person 16 (A) uses in connection with the person's name the words or 17 letters "L.M.S.W.," "Licensed Master Social Worker," or other letters, 18 words, or insignia indicating or implying that the person is a licensed 19 master social worker; or 20 (B) in any way, orally or in writing, directly or by 21 implication, holds out as being a licensed master social worker; or 22 (4) as a baccalaureate social worker under this chapter or has a 23 baccalaureate social worker license that is suspended, revoked, or lapsed, and the 24 person 25 (A) uses in connection with the person's name the words or 26 letters "L.B.S.W.," "Licensed Baccalaureate Social Worker," or other 27 letters, words, or insignia indicating or implying that the person is a 28 licensed baccalaureate social worker; or 29 (B) in any way, orally or in writing, directly or by 30 implication, holds out as being a licensed baccalaureate social worker [IS 31 GUILTY OF A CLASS B MISDEMEANOR]. 01 * Sec. 12. AS 08.95.110 is amended to read: 02 Sec. 08.95.110. License requirements [TO PRACTICE CLINICAL 03 SOCIAL WORK]. (a) The board shall issue a license to practice clinical social 04 work to a person who 05 (1) has received a master's degree or a doctoral degree in social work 06 from a college or university approved by the board [ACCREDITED BY THE 07 COUNCIL ON SOCIAL WORK EDUCATION]; 08 (2) has completed, within the 10 years before application for licensure 09 and under the supervision of a licensed clinical social worker, licensed psychologist, 10 or licensed psychiatrist [, OR, WITH APPROVAL OF THE BOARD, A CLINICAL 11 SOCIAL WORKER WHO IS EXEMPT FROM THIS CHAPTER UNDER 12 AS 08.95.910,] either 13 (A) a minimum of two years of continuous full-time 14 employment in postgraduate clinical social work; or 15 (B) a minimum of 3,000 hours of less than full-time 16 employment in a period of not less than two years in postgraduate clinical 17 social work; [AT LEAST 100 HOURS OF SUPERVISION REQUIRED 18 UNDER THIS PARAGRAPH SHALL BE CONDUCTED BY A QUALIFIED 19 PERSON APPROVED BY THE BOARD;] 20 (3) is of good moral character; 21 (4) is in good professional standing and is fit to practice social work 22 as determined by the board; 23 (5) [(4)] has provided three professional references that are acceptable 24 to the board , including one reference from a person who was the licensee's 25 employer while the licensee practiced social work if the licensee was previously 26 employed to practice social work, and one reference from a resident of this state 27 if the applicant resided in this state for the three months immediately preceding 28 application for the license ; 29 (6) [(5)] has satisfactorily completed the examination given by the 30 board for clinical social worker licensing ; and 31 (7) [(6)] has paid required fees. 01 * Sec. 13. AS 08.95.110 is amended by adding new subsections to read: 02 (b) The board shall issue a license authorizing use of the title "master social 03 worker" to a person who 04 (1) satisfies the requirements of (a)(1), (3) - (5), and (7) of this section; 05 and 06 (2) has satisfactorily completed the examination given by the board for 07 master social worker licensing. 08 (c) The board shall issue a license authorizing use of the title "baccalaureate 09 social worker" to a person who 10 (1) satisfies the requirements of (a)(3) - (5) and (7) of this section; 11 (2) has received a bachelor's degree in social work from a college or 12 university approved by the board; and 13 (3) has satisfactorily completed the examination given by the board for 14 baccalaureate social worker licensing. 15 * Sec. 14. AS 08.95.120 is amended to read: 16 Sec. 08.95.120. Licensing by credentials. The board shall issue a license to 17 practice clinical social work [WITHOUT EXAMINATION] if the applicant 18 (1) holds a current license to practice clinical social work in another 19 jurisdiction that , at the time of original issuance of the license , had requirements for 20 licensure equal to or more stringent than those of this state; 21 (2) is not the subject of an unresolved complaint or disciplinary action 22 before a regulatory authority or a professional social work association; 23 (3) has not failed the examination for a license to practice clinical 24 social work in this state; 25 (4) has satisfactorily completed the examination given by the board 26 for clinical social worker licensing; 27 (5) has provided three professional references that are acceptable 28 to the board, including one reference from a person who was the licensee's 29 employer while the licensee practiced social work if the licensee was previously 30 employed to practice social work, and one reference from a resident of this state 31 if the applicant resided in this state for the three months immediately preceding 01 application for the license; 02 (6) has not had a license to practice clinical social work revoked or 03 suspended in this state or another jurisdiction; 04 (7) [(5)] has submitted proof of continued competency satisfactory to 05 the board; and 06 (8) [(6)] has paid required fees. 07 * Sec. 15. AS 08.95.120 is amended by adding a new subsection to read: 08 (b) The board shall issue a license to use the title "master social worker" or 09 "baccalaureate social worker," as applicable, to an applicant who 10 (1) holds a current similar license from another jurisdiction that, at the 11 time of original issuance of the license, had requirements for the license that were 12 equal to or more stringent than those of this state; 13 (2) is not the subject of an unresolved complaint or disciplinary action 14 before a regulatory authority or a professional social work association; 15 (3) has not failed the master or baccalaureate social work examination, 16 as applicable, in this state; 17 (4) has satisfactorily completed the examination given by the board for 18 master or baccalaureate social workers, as applicable; 19 (5) has provided three professional references that are acceptable to the 20 board, including one reference from a person who was the licensee's employer while 21 the licensee practiced social work if the licensee was previously employed to practice 22 social work, and one reference from a resident of this state if the applicant resided in 23 this state for the three months immediately preceding application for the license; 24 (6) has not had a license to practice social work or to use the title 25 "social worker" revoked or suspended in this state or another jurisdiction; 26 (7) has submitted proof of continued competency satisfactory to the 27 board; and 28 (8) has paid required fees. 29 * Sec. 16. AS 08.95.900 is amended to read: 30 Sec. 08.95.900. Confidentiality of communication. (a) A licensed 31 [CLINICAL] social worker , and the social workers' employees or other persons 01 who have access to the social worker's records, may not reveal to another person 02 a communication made to the licensee by a client about a matter concerning which the 03 client has employed the licensee in a professional capacity. This section does not 04 apply to 05 (1) a case conference with other licensed [CLINICAL] social workers 06 or with other licensed health care or mental health professionals 07 [PSYCHOLOGISTS, PSYCHOLOGICAL ASSOCIATES, PHYSICIANS, OR 08 SURGEONS]; 09 (2) the release of information which the client in writing authorized the 10 licensee to reveal; [OR] 11 (3) information released to the board as part of a disciplinary or 12 other proceeding by the board; 13 (4) information revealed as part of the discovery of evidence related to 14 a court proceeding or introduced in evidence in a court proceeding ; 15 (5) communications relevant to the physical, mental, or emotional 16 condition of the client in a proceeding in which the condition of the client is an 17 element of the claim or defense of the client, of a party claiming through or under 18 the client, or of a person raising the client's condition as an element of the 19 person's own case, or of a person claiming as a beneficiary of the client through 20 a contract to which the client is or was a party; or, after the client's death, in a 21 proceeding in which a party puts the condition of the client in issue; 22 (6) a communication to a potential victim or to law enforcement 23 officers where a threat of imminent serious physical harm to an identified victim 24 has been made by a client; or 25 (7) a communication that indicates that another health care or 26 mental health professional has committed an act of unprofessional or unlawful 27 conduct in the provision of health or mental health services if the communication 28 is disclosed by the social worker only to the licensing board with jurisdiction over 29 the type of person who allegedly committed the unprofessional or unlawful 30 conduct and the disclosure is made in good faith . 31 (b) Notwithstanding (a) of this section, a licensed [CLINICAL] social worker 01 shall report incidents of child abuse or neglect as required by AS 47.17.020 and 02 incidents of harm to vulnerable adults as required by AS 47.24.010 . 03 * Sec. 17. AS 08.95.900 is amended by adding a new subsection to read: 04 (c) Information obtained by the board under (a)(3) and (7) of this section is 05 confidential and is not a public record for the purposes of AS 09.25.110 - 09.25.140. 06 * Sec. 18. AS 08.95 is amended by adding a new section to read: 07 Sec. 08.95.905. Immunity relating to certain reports. A person licensed 08 under this chapter who, in good faith and without malice, discloses to the appropriate 09 licensing board that another health care or mental health professional has allegedly 10 committed an act of unprofessional or unlawful conduct in the provision of health or 11 mental health services is immune from civil liability arising out of the disclosure. 12 * Sec. 19. AS 08.95 is amended by adding new sections to read: 13 Sec. 08.95.911. Exemption. (a) Notwithstanding AS 08.95.100(b)(1), a 14 person who, on June 30, 2000, was employed or providing services under the title 15 "social worker" may, without obtaining a license under this chapter, continue to use 16 the title "social worker" while the person is employed by the same employer or, if self- 17 employed, while providing the same scope of services, as on June 30, 2000. 18 (b) The exemption under (a) of this section does not authorize use of the title 19 "social worker" outside the context of the person's employment or self-employment, 20 as applicable. 21 (c) For purposes of this section, a person who is employed by 22 (1) the federal government is not considered to have changed employers 23 if the person begins employment with a different agency of the federal government; 24 (2) the state is not considered to have changed employers if the person 25 begins employment with a different agency of the state; 26 (3) a municipality is not considered to have changed employers if the 27 person begins employment with a different agency of the municipality. 28 Sec. 08.95.920. Unified occupation. For purposes of AS 08.01.065, all 29 persons licensed under this chapter are considered to be engaged in the same 30 occupation. 31 * Sec. 20. AS 08.95.990(1) is amended to read: 01 (1) "board" means the Board of [CLINICAL] Social Work Examiners; 02 * Sec. 21. AS 08.95.990(2) is amended to read: 03 (2) "[CLINICAL] social work" means a service in which a special 04 knowledge of social resources, human capabilities, and the part that unconscious 05 motivation plays in determining behavior is directed, through the application of social 06 work principles and methods, at helping individuals to achieve more adequate, 07 satisfying, and productive social adjustments; 08 * Sec. 22. AS 08.95.990(5) is amended to read: 09 (5) "social work principles and methods" include counseling [AND 10 USING TECHNIQUES OF APPLIED PSYCHOTHERAPY] of a nonmedical nature 11 to assist in the [DIAGNOSIS AND] treatment of mental and emotional conditions of 12 individuals, families, and groups; providing information and referral services; providing 13 or arranging for the provision of social services; explaining and interpreting the 14 psychosocial aspects in the situations of individuals, families, or groups; helping 15 communities to organize, provide, or improve social and health services; and doing 16 research related to social work. 17 * Sec. 23. AS 08.95.990 is amended by adding a new paragraph to read: 18 (6) "clinical social work" means the diagnosis of psychiatric disorders 19 and the use of techniques of applied psychotherapy of a nonmedical nature while 20 practicing social work. 21 * Sec. 24. AS 47.17.020(a) is amended to read: 22 (a) The following persons who, in the performance of their occupational duties, 23 have reasonable cause to suspect that a child has suffered harm as a result of child 24 abuse or neglect shall immediately report the harm to the nearest office of the 25 department: 26 (1) practitioners of the healing arts; 27 (2) school teachers and school administrative staff members of public 28 and private schools; 29 (3) [SOCIAL WORKERS; 30 (4)] peace officers [,] and officers of the Department of Corrections; 31 (4) [(5)] administrative officers of institutions; 01 (5) [(6)] child care providers; 02 (6) [(7)] paid employees of domestic violence and sexual assault 03 programs, and crisis intervention and prevention programs as defined in AS 18.66.990; 04 (7) [(8)] paid employees of an organization that provides counseling or 05 treatment to individuals seeking to control their use of drugs or alcohol. 06 * Sec. 25. AS 47.17.290(13) is amended to read: 07 (13) "practitioner of the healing arts" includes chiropractors, mental 08 health counselors, social workers, dental hygienists, dentists, health aides, nurses, 09 nurse practitioners, occupational therapists, occupational therapy assistants, 10 optometrists, osteopaths, naturopaths, physical therapists, physical therapy assistants, 11 physicians, physician's assistants, psychiatrists, psychologists, psychological associates, 12 audiologists licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, 13 marital and family therapists licensed under AS 08.63, religious healing practitioners, 14 acupuncturists, and surgeons; 15 * Sec. 26. AS 08.95.100(c) is repealed July 1, 2000. 16 * Sec. 27. AS 08.95.910 is repealed September 1, 1999. 17 * Sec. 28. TRANSITIONAL LICENSING. (a) The Board of Social Work Examiners shall 18 issue a license authorizing use of the title "baccalaureate social worker" to a person who, by 19 July 1, 2000, 20 (1) applies for the license; 21 (2) satisfies the requirements of AS 08.95.110(c)(1) and (3), as enacted by 22 sec. 13 of this Act; and 23 (3) submits evidence satisfactory to the board of having used the title "social 24 worker" during the performance of employment duties or the provision of services for 25 compensation before applying for the license under this section. 26 (b) A person licensed under this section is considered to be licensed under AS 08.95. 27 * Sec. 29. TRANSITIONAL BOARD MEMBERSHIP PROVISIONS. Notwithstanding 28 AS 08.95.010(a), as amended by sec. 5 of this Act, a person who is a member of the Board 29 of Clinical Social Work Examiners on January 1, 1999, may continue to serve the remainder 30 of the person's term on the board unless removed under other law. The governor shall 31 implement AS 08.95.010(a), as amended by sec. 5 of this Act, as seats on the board become 01 vacant. 02 * Sec. 30. REGULATIONS. The Board of Social Work Examiners shall begin the process 03 of developing regulations to implement this Act. The regulations take effect under AS 44.62 04 but not before the effective date of the laws that are implemented by the regulations. 05 * Sec. 31. Section 30 of this Act takes effect immediately. 06 * Sec. 32. AS 08.95.100(a) and (b)(2) - (4), as amended by secs. 10 and 11 of this Act, 07 take effect September 1, 1999. 08 * Sec. 33. AS 08.95.100(b)(1), enacted by sec. 11 of this Act, and AS 08.95.911, enacted 09 by sec. 19 of this Act take effect July 1, 2000. 10 * Sec. 34. Except as provided in secs. 31 - 33 of this Act, this Act takes effect January 1, 11 1999.