Legislature(1999 - 2000)
03/01/2000 03:34 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
HB 382-SOCIAL WORKER LICENSING CHAIRMAN ROKEBERG announced that the next item of business would be HOUSE BILL NO. 382, "An Act relating to the licensing of social workers and to the use of the title 'social worker' without a license; and providing for an effective date." Number 1830 MYRNA McGHIE, Staff to Representative Jeannette James, Alaska State Legislature, presented HB 382 on behalf of the sponsor, Representative James, who was out of town. Ms. McGhie explained that HB 382 is related to legislation passed in 1988 establishing minimum qualifications and licensure for social workers. Since then, the Division of Family and Youth Services has found the original legislation to be too restrictive, creating hiring problems. House Bill 382 will amend the current laws to allow temporary licensing for up to one year for newly hired social workers who have met all requirements other than the licensing exam. The bill also extends by one year the provision in statute relating to the criminal penalty for using the title of social worker without a license. CHAIRMAN ROKEBERG asked whether Representative James supports the amendment before the committee. [Provided by Catherine Reardon and later adopted as Amendment 1, it read: "Delete page 1 line 10 through page 2, line 1. Renumber subsections. Make conforming amendments to page 2, lines 15 and 19. This amendment will eliminate temporary licenses at the clinical level."] MS. MCGHIE said yes. Number 1973 COLLEEN PATRICK-RILEY, Chair, Board of Clinical Social Work Examiners, informed the committee via teleconference that she was available to answer questions. Number 2011 CATHERINE REARDON, Director, Division of Occupational Licensing, Department of Community and Economic Development, reported that her division staffs the Board of Social Work Examiners. She said both the department and the board support HB 382 and urge adoption of the amendment eliminating temporary licensure at the clinical level; that is the highest level of social work, which permits diagnosis. MS. REARDON explained that the reason for temporary licensure is that there is a large vacancy rate, and providing the required notarized references delays by a month or more the time when a person is available to start work. There is a difference of opinion. The board would like to have the professional references at the time of temporary licensure, but the departments would like that requirement to wait for permanent licensure. This has been discussed with Representative James, who recognizes the urgency and is comfortable with deferring the reference requirement to the time of permanent licensure. Number 2298 REPRESENTATIVE MURKOWSKI asked about the proposed change to Section 4 [of the existing statute], relating to "good professional standing." MS. REARDON said that the current wording is "fit to practice as determined by the board," and that HB 382 would permit staff to issue the temporary licenses. REPRESENTATIVE MURKOWSKI asked how many temporary social workers might need to be hired. MS. REARDON said the board expects about 80 applications a year. Number 2452 REPRESENTATIVE MURKOWSKI expressed concern about granting temporary licensure to applicants against whom there might be unresolved complaints or disciplinary actions. Number 2478 MS. REARDON assured her those applicants could simply be ruled out [for temporary licensure]. TAPE 00-23, SIDE B [Tape numbers decline] MS. REARDON suggested that HB 382 might be reworded so that staff could approve temporary licensure of the applicant who appears to satisfy requirements for fitness to practice, leaving it for the board to make the final determination. REPRESENTATIVE HALCRO asked how the board determines "of good moral character." MS. REARDON said there are no regulations defining that at this time, and the question might be addressed to Ms. Patrick-Riley. There is, however, a regulation that lists some of the reasons why someone could be denied a license, and refers to certain criminal convictions. Number 0124 REPRESENTATIVE MURKOWSKI asked Ms. Patrick-Riley to briefly explain how the board determines good moral character. Number 0134 MS. PATRICK-RILEY said the application now includes a series of questions that both the applicant and that person's references need to answer. These specifically address the applicant's character, fitness to practice, history of prior substance abuse, impairment that might affect the applicant's ability to practice, and information about prior criminal convictions. "That constellation of questions and answers" provides the board the information needed to determine both competency and character. REPRESENTATIVE MURKOWSKI asked whether the application requests references?" MS. PATRICK-RILEY said absolutely, and that the board relies upon those individuals' personal knowledge of the applicant's experience and fitness to practice. MS. REARDON further explained that references are requested on the current application form, but that they would not be required for the temporary license. Number 0289 CHAIRMAN ROKEBERG asked if [the board and professional associates] agree on eliminating temporary certification at the clinical level. MS. PATRICK-RILEY said the board fully supports that. The board also supports temporary licensure at the lower levels, and would prefer, but does not insist, that the requirements [for temporary licensure] include references. Number 0431 REPRESENTATIVE MURKOWSKI asked if there will be a distinction on the certificates of those who hold the temporary license. MS. REARDON said such certificates generally say "holds a temporary license to practice." As an alternative, the temporary document might be called a "permit to practice" instead of a "temporary license." Number 0432 REPRESENTATIVE HALCRO moved to adopt Amendment 1 [text provided earlier], eliminating temporary licensure at the clinical level. There being no objection, it was so ordered. Number 0451 REPRESENTATIVE HALCRO made a motion to move HB 382, as amended, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, CSHB 382(L&C) was moved out of the House Labor and Commerce Standing Committee.
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