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