Legislature(1997 - 1998)
03/27/1998 03:28 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SSHB 349 - REGULATION OF SOCIAL WORKERS Number 0787 CHAIRMAN ROKEBERG announced the committee's next order of business was SSHB 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." Number 0800 REPRESENTATIVE JAMES came forward to present the proposed committee substitute, Version P, for SSHB 349, labeled 0-LS1304\P, Lauterbach, dated 3/25/98. She reviewed the concerns raised by the committee that Version P addresses. Representative James stated on page 2, lines 18 and 19, AS 08.01.070 (10) has been repealed [Lines 15, 15, 18 and 19 read: "* Sec. 7. As 08.95.030 is amended to read: Sec. 08.95.030. Duties. The board shall ... (2) [SUBMIT AN ANNUAL REPORT OF ITS PROCEEDINGS TO THE DEPARTMENT;"]. On page 4, line 16, "licensed to practice clinical social work" has been added so that subsection (11) reads, "(11) while licensed to practice clinical social work, engaged in sexual contact with a person during the time period that the person was a client or within two years after termination of the licensee's professional relationship with the client.". This amends that provision so it applies only to LCSWs, while professional social workers practice under the guidance of the National Association of Social Workers (NASW) code of ethics which prohibits sexual contact with clients. This addresses concerns that those social workers employed by the Division of Family and Youth Services (DFYS) as licensed bachelor's social workers (LBSWs) or licensed master's social workers (LMSWs) would be cited for entering into sexual relationships with individuals who were not their direct clients. On page 7, line 22, the text "satisfactorily completed" has been substituted for "not failed" so that subsection (3) now reads, "(3) has satisfactorily completed the examination for a license to practice clinical social work in this state;". This addresses the concern that an applicant may never repeat the licensing exam if once failed. On page 7, line 31, the wording "or surrendered in lieu of disciplinary action" has been added so that subsection (5) now reads, "(5) has not had a license to practice clinical social work revoked, suspended, or surrendered in lieu of disciplinary action in this state or another jurisdiction;". This clarifies the conditions which must be met before the licensing board may award a license by credentials. Number 0893 REPRESENTATIVE JAMES continued that the wording "has not failed the master or baccalaureate social work examination, as applicable, in this state;", which occurred on page 8, lines 15 and 16, of SSHB 349, has been deleted in the proposed committee substitute. This also addresses the concern that an applicant may never complete the licensing examination if once failed. On page 8, line 21, of the proposed committee substitute, the wording "or surrendered in lieu of disciplinary action" has been added so that subsection (5) now reads, "(5) has not had a license to practice social work or to use the title "social worker" revoked, suspended, or surrendered in lieu of disciplinary action in this state or another jurisdiction;". This clarifies the conditions which must be met before the licensing board may award a LBSW or LMSW license. On page 9, line 2 and lines 20 to 21, the wording "health care or mental health professionals" occurring in SSHB 349 has been replaced by "practitioners of the healing arts". "Health care or mental health professional" is not defined in law; use of the term "practitioners of the healing arts" reduces ambiguity because that term is defined in law. Representative James referred to previous discussion regarding the fiscal note, stating she had not wanted to have a fiscal note attached to this bill but there was a $25,000 fiscal note from the Division of Occupational Licensing. Representative James stated she argued with the division and it presented her another note for $13,200, but she is still not satisfied; she believes this should be able to be done with existing staff. Therefore, she has prepared a zero fiscal note dated that day as the sponsor of HB 349, since this is the first committee of referral, and she wishes the committee to take her zero fiscal note rather than the Division of Occupational Licensing's fiscal note. Number 1000 CHAIRMAN ROKEBERG thanked Representative James for her explanation. REPRESENTATIVE HUDSON made a motion to adopt the proposed committee substitute Version P for SSHB 349, asking unanimous consent. There being no objections, Version P, labeled 0-LS1304\P, Lauterbach, dated 3/25/98, was adopted. CHAIRMAN ROKEBERG commented to Representative James that Sections 24 and 25 were still in the bill, indicating social workers were being made practitioners of the healing arts, and he asked for the explanation of that again. Sections 24 and 25 read: *Sec. 24. AS 47.17.020(a) is amended to read: (a) The following persons who, in the performance of their occupational duties, have reasonable cause to suspect that a child has suffered from harm as a result of child abuse or neglect shall immediately report the harm to the nearest office of the department: (1) practitioners of the healing arts; (2) school teachers and school administrative staff members of public and private schools; (3) [SOCIAL WORKERS; (4)] peace officers[,] and officers of the Department of Corrections; (4) [(5)] administrative officers of institutions; (5) [(6)] child care providers; (6) [(7)] paid employees of domestic violence and sexual assault programs, and crisis intervention and prevention programs as defined in AS 18.66.990; (7) [(8)] paid employees of an organization that provides counseling or treatment to individuals seeking to control their use of drugs or alcohol. * Sec. 25. AS 47.17.290(13) is amended to read: (13) "practitioner of the healing arts" includes chiropractors, mental health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse practitioners, occupational therapists, occupational therapy assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapy assistants, physicians, physician's assistants, psychiatrists, psychologists, psychological associates, audiologists licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and family therapists licensed under AS 08.63, religious healing practitioners, acupuncturists, and surgeons; Number 1070 REPRESENTATIVE JAMES deferred the explanation to Ms. Salerno, noting it has to do with reporting child abuse. Number 1079 ANGELA SALERNO, Executive Director, Alaska Chapter, National Association of Social Workers, came forward to testify. She stated this was inserted at the request of the Board of Clinical Social Work Examiners. Practitioners of the healing arts are mandatory reporters of child abuse and they also have the ability, without parental consent, to send a child for a medical exam or x-ray, or to take a picture of a child. She reiterated that this is concerned with the issue of child abuse. Section 24 takes social workers out of the list of mandatory reporters, avoiding redundancy in Section 25 when social workers are added as practitioners of the healing arts. Number 1135 CHAIRMAN ROKEBERG called an at ease at 3:45 p.m. The committee came back to order at 3:54 p.m. Number 1146 CHAIRMAN ROKEBERG noted for the record that the committee adjourned momentarily to look at the statutory foundations of those bill sections as they relate to the definition of practitioner of the healing arts and its impact on: 1) Any insurance legislation. He stated it is the committee's review that this will not have any impact on insurance. 2) The committee has reviewed the Title 47 area of Medicaid reimbursements in terms of (indisc.); he said the committee found no indication that a social worker would be anywhere on the list under the current statutory scheme. Chairman Rokeberg indicated that therefore the committee believes there will not be any negative (indisc.) financial impacts on passage of this bill because of the use of the term "practitioner of the healing arts" ["practitioner of medical arts" stated on tape]. Number 1225 REPRESENTATIVE HUDSON made a motion to move Version P, the proposed committee substitute for SSHB 349, with the March 27, 1998, zero fiscal note, asking unanimous consent. There being no objections, CSSSHB 349(L&C) moved out of the House Labor and Commerce Standing Committee.
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