Legislature(1997 - 1998)
04/08/1998 01:45 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= 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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