Legislature(1997 - 1998)
04/08/1998 01:45 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 349
"An Act prohibiting the use of the title 'social
worker' without a license; relating to social workers,
licensure of social workers, and the Board of Clinical
Social Work Examiners; and providing for an effective
date."
REPRESENTATIVE JEANNETTE JAMES, SPONSOR, explained that HB
349 licenses the title of "social worker." It is title
protection not practice protection. Individuals working as
a "social worker" would be required to have a license.
There is currently licensing for clinical social workers.
A clinical social worker degree requires a master of social
work degree or two years of supervised experience. The
legislation would add two additional licensing levels.
Master's Social Worker and Bachelor's Social Worker licenses
would be created. A Master's Social Worker license would
require a Master's of Social Work degree and a Bachelor's
Social Worker license would require a Bachelors of Social
Work degree. She stressed that there are individuals doing
social work that are not licensed or educated to be a social
worker. She emphasized that there is no recourse for errors
made by unqualified social workers. Licensed individuals
have to demonstrate education, pass an examination and have
a criminal background check. Continuing education is
required to maintain their license. Failure to do their job
properly could result in loss of their license. Currently
employed state workers would be exempted as long as they
work for the State. If they leave state employment they
cannot work under the title of social worker without
obtaining a license. Individuals currently working as a
social worker that have a degree in something other than
social work would have a couple of years to pass an
examination and get a license.
Co-Chair Therriault observed that a group of people would be
allowed to continue work as social workers indefinitely.
Representative James noted that some of the people have been
in their positions for 20 years. She observed that people
would have to take time off from work to pursue a degree.
According to union rules, if employees are required to have
a degree to retain their jobs, the state of Alaska would be
required to pay for their education. She explained that
most individuals would need further education to pass the
test. In response to a question by Representative Davies,
Representative James explained that the legislation would
grandfather people in existing jobs.
Representative Davies asked for information regarding the
continuing education requirement.
ANGELA SALERNO, EXECUTIVE DIRECTOR, NATIONAL ASSOCIATION OF
SOCIAL WORKERS ALASKA CHAPTER explained that licensed social
workers are required to take 45 contact hours every two
years. This would not change under the legislation.
Representative Davies questioned why those that are
grandfather in under the legislation would not be required
to fulfill continuing education requirements. Ms. Salerno
observed that current workers would not be required to get a
license, but they have the option to get a license. If they
get a license they would be required to fulfill continuing
education requirements. She observed that there would be a
large fiscal impact if the state of Alaska required all
workers to met continuing education requirements. The union
indicated that the state of Alaska would either have to pay
for continuing education or renegotiate contracts.
Co-Chair Therriault observed that licensed social workers,
who would be subject to a license challenge and required to
fulfill continuing education, would be paid the same amount
of money as an unlicensed worker. Representative James
explained that under the current contract the State is
responsible for funding education requirements. She added
that the situation is similar to the one that existed eight
years ago when clinical social workers were licensed.
Representative Davies observed that teachers pay for their
continuing education.
Ms. Salerno noted that continuing education costs
approximately $10 dollars per contact hour.
(Tape Change, HFC 98 - 96, Side 2)
ANN DAVIS HOPPER, NATIONAL ASSOCIATION OF SOCIAL WORKERS
ALASKA CHAPTER, FAIRBANKS stated that she is a licensed
social worker. She spoke in support of HB 349. She noted
that "social worker" refers to a job title. She maintained
that licensing regulations would hold people accountable.
She observed that social workers address critical matters.
A licensing board can help the state of Alaska regulate the
professional practice and conduct of social workers and
handle complaints.
DIANA BUFFINGTON, STATE COORDINATOR, CHILDREN'S RIGHTS
COUNCIL KODIAK spoke in support of HB 349. She spoke in
support of including 12 hours of substance abuse and 12
hours of domestic violence training in the biannual
educational requirements for license renewal. She observed
that most social workers are mandated reporters to the
Division of Family and Youth Services. She spoke against
the exemption for current workers. She noted that other
employees are required to pay all or part of their
continuing education, such as teachers and police officers.
She stated that most states require front line caseworkers
to be licensed. She maintained that state workers use their
public service as a stepping stone to private employment.
Representative James clarified that there are 18 state
employees working as social workers without degrees. The
exemption only applies while they are working for the
State. If they change jobs they could not use the title of
social worker without a license. New hires will have to be
licensed. Ms. Salerno reiterated that the title is the only
thing being restricted. Only current employees would be
exempted. The Department would be given a two-year grace
period. In the year 2000, they would only be able to hire
licensed social workers.
Co-Chair Therriault clarified that the previous speaker
would like the continuing education requirement for
substance abuse changed from the current six-hour
requirement to 12 hours.
Representative Foster asked how rural workers would meet
continuing education requirements. Ms. Salerno noted that
substance abuse and Alaska Native studies were added to
educational requirements ten years ago. She observed that
social workers work in different areas. She did not support
additional specifications on the continuing educational
requirements. She stated that it is a goal of the National
Social Workers Association to bring training to rural areas.
Representative Foster expressed concern that qualified local
persons would be precluded from jobs by the licensing
requirements. He expressed support for the bill, but
questioned if problems would be created for rural areas.
Representative James pointed out that the legislation would
not preclude people from using a different job title. She
emphasized that social workers are expected to have a
certain amount of education and understanding.
Representative Davies questioned if continuing education
requirements could be met by correspondence. Ms. Salerno
observed that educational requirements could be met through
correspondence.
SUSAN LAVELLE, BOARD OF DIRECTORS, NATIONAL ASSOCIATION OF
SOCIAL WORKERS, ANCHORAGE spoke in support of HB 349. She
maintained that social workers should be held accountable to
high standards of practice in order to protect consumers.
She maintained that individuals have abused and victimized
their clients or made mistakes due to a lack of training.
She acknowledged that licensing does not assure that
individuals would uphold the code of ethics. However,
clients would be allowed to raise challenges of unethical
conduct or malpractice.
ELLA CRAIG, LICENSED CLINICAL SOCIAL WORKER, ANCHORAGE spoke
in support of HB 349. She emphasized that the legislation
would provide consumer protection and accountability. She
maintained that the demand for social workers will increase.
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT
spoke in support of Amendment 1 and the amendment to
Amendment 1 (copies on file). She explained that all
licenses issued by the Division of Occupational Licensing
are for two years. Amendment 1 would allow a social worker
who was previously employed outside of Alaska to provide a
reference. She noted that the amendment would be on page 6,
lines 22 - 27, and page 7, lines 24 - 29 and page 8, lines
15 - 19. Under Amendment 1 an applicant must provide three
professional references that are acceptable to the board,
including:
(a) if the applicant was previously employed to practice
social work, reference from a person who was the
applicant's employer while practicing social work; and
(b) if the applicant is currently employed to practice
social work, a reference from the applicant's current
employer.
The amendment to Amendment 1 would add to subsection (a),
"unless the applicant demonstrates to the satisfaction of
board that the applicant is unable to satisfy the
requirement of this subparagraph through no fault of the
applicant." The intent is to allow an applicant that cannot
locate a former employer or whose employer is deceased to
pursue a license.
Representative Davies MOVED to ADOPT Amendment 1. He
questioned if "and" should be changed to "or" between (a)
and (b). Ms. Reardon thought that "and" was appropriate.
Co-Chair Therriault MOVED to adopt the amendment to
Amendment 1. There being NO OBJECTION, it was so ordered.
There being NO OBJECTION, Amendment 1 was adopted as
amended.
In response to a question by Representative Martin, Ms.
Salerno observed that the legislation allows licensing by
credentials on page 7, line 15. Ms. Reardon explained that
an applicant would have to pass the national exam.
Co-Chair Therriault suggested additional language, "has
completed the examination for a license to practice clinical
social work that is required by this state."
Co-Chair Hanley observed that an individual can get a
license without an examination if they hold a current
license to practice clinical social work in another
jurisdiction that, at the time of original issuance of the
license, had requirements for licensure equal to or more
stringent than those of this state. He observed that they
would have had to pass a test equal to that given in Alaska.
He maintained that (3) would require that the test be
repeated.
Representative Davies suggested that subsection (3), "has
satisfactorily completed the examination given by the board
for baccalaureate social worker licensing" be deleted.
Discussion ensued regarding the interpretation of subsection
(3). Co-Chair Hanley concluded that the original language
in subsection (3) should be retained, "has not failed the
examination given by the board for baccalaureate social
worker licensing."
Ms. Salerno clarified that the intent was to assure that an
applicant had taken a licensing exam somewhere. She
observed that "has not failed the examination" was removed
because it could be interpreted to deny individuals that had
failed the exam from being licensed if they subsequently
passed the exam.
Representative Davies MOVED to delete subsection (3) "has
satisfactorily completed the examination given by the board
for baccalaureate social worker licensing." He observed
that the intent of subsection (3) is in subsection (1). Co-
Chair Hanley pointed out that the current law needs to also
be deleted. Representative Davies amended the amendment to
conceptually remove subsection (3) from the legislation and
current law where needed. There being NO OBJECTION, it was
so ordered.
There being NO OBJECTION, the amendment was adopted.
Ms. Salerno noted that the amendment would also pertain to
page 8, lines 13 and 14. Co-Chair Therriault observed that
amendment to page 8, lines 13 and 14 was included in the
original motion.
In response to a question by Co-Chair Hanley, Representative
James clarified that the exemption does not only apply to
state employees. Ms. Salerno stated that the legislation
only affects those working under the title of social worker.
Co-Chair Hanley stated that there is a fine line between
title protection and job protection. He noted that the
legislation would not assure better-trained people unless
the Department hires better-trained employees.
Representative James stressed that it is the Department's
intent to have better trained people.
In response to a question by Co-Chair Hanley, Representative
James observed that 70 of 109 social worker positions with
the state of Alaska have a Social Worker degree.
THERESA TANOURY, FAMILY SERVICES ADMINISTRATOR, DIVISION OF
FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES explained that approximately 40 percent of the
state workers working under the title of social worker
actually have the educational background. Ninety percent of
those who have the title have degrees. Approximately 50
percent have degrees other than as a social worker.
(Tape Change, HFC 98 - 97, Side 1)
Representative Martin expressed concern that individuals
that have been performing social work would be prohibited
from calling themselves social workers.
Ms. Tanoury explained that the Division is creating a
partnership with the University to recruit social workers
into rural areas and establish agency based field units and
a training academy at the University of Alaska. Current
employees have the option of going back to school for a
degree in social work. She stressed the desire to retain
employees that have been with the State for many years and
have worked hard at their jobs. She emphasized that the
legislation protects employees' hiring rights within the
agency.
In response to a question by Representative Kohring,
Representative James observed that there is no recourse for
mistakes made by persons without a license. She emphasized
the seriousness and complicated nature of decisions made by
social workers.
Ms. Tanoury explained that the legislation protects the
title of social worker. It does not restrict the practice
of paraprofessionals or others working in rural areas. She
acknowledged concerns regarding continuing education. She
stated that the Division is working on bringing training
into rural areas.
Representative Kohring asked if financial aid would be
available. Ms. Salerno noted that there are a variety of
courses offered at the University that would qualify as
continuing education. Ms. Tanoury observed that there are
opportunities for federal support through Title 4(e).
Representative Mulder MOVED to report CSHB 349 (FIN) out of
Committee with the accompanying fiscal note from the
Division of Occupational Licensing. There being NO
OBJECTION, it was so ordered.
CSHB 349 (FIN) was REPORTED out of Committee with "no
recommendation" and with a fiscal impact note by the
Department of Commerce and Economic Development.
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