Legislature(1997 - 1998)

04/08/1998 01:45 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
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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