BILL ANALYSIS
AB 445
Page 1
Date of Hearing: April 29, 2003
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Lois Wolk, Chair
AB 445 (Vargas) - As Introduced: February 14, 2003
SUBJECT : Social workers.
SUMMARY : This bill limits the use of the title "social worker"
to individuals who possess a social work degree from an
accredited school. Specifically, this bill :
1)Makes findings and declarations relating to social work as a
profession based on scientific theory and evidenced-based
practice.
2)Limits the use of the title "social worker" to those who have
graduated from a school of social work accredited by the
Council on Social Work Education, or an institution that is in
candidacy status as determined by the Council on Social Work
Education, with the following exceptions:
a) Those individuals who are classified by their employer
as a "social worker" if the individual holds this
designation prior to January 1, 2004 and is continuously
classified as a "social worker" subsequent to that date.
b) Those individuals who are graduates of a foreign school
of social work.
3)Provides that violation of the provisions of this bill would
not be a crime.
4)States legislative intent that this bill not impose new duties
or responsibilities on the Board of Behavioral Sciences (BBS).
EXISTING LAW
1)Defines an approved school of social work as a school that is
accredited by the Commission on Accreditation of the Council
on Social Work Education.
2)Defines clinical social work as a service in which a special
knowledge of social resources, human capabilities and the part
that unconscious motivation plays in determining behavior, is
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directed at helping people to achieve more adequate,
satisfying and productive social adjustments.
3)Requires the practitioners of the specialized profession of
clinical social work, who generally work in independent
settings, to be licensed and regulated by the Board of
Behavioral Sciences Examiners (BBSE) within the Department of
Consumer Affairs.
4)Provides that the BBSE may refuse to issue a registration or a
license, or may suspend or revoke the license or registration
of any clinical social worker for unprofessional conduct.
Examples of unprofessional conduct are:
a) The conviction of a crime substantially related to
clinical social work;
b) Securing a license or registration by fraud, deceit, or
misrepresentation;
c) Using or offering to use drugs in the course of
performing clinical social work;
d) Gross negligence or incompetence in the performance of
clinical social work;
e) Misrepresentation of education, professional
qualifications, or professional affiliations; and
f) Intentionally or recklessly causing physical or
emotional harm to any client.
5)Limits the use of the title "Licensed Clinical Social Worker"
to those who hold a license in good standing with the BBSE.
Those who violate this provision are guilty of a misdemeanor.
6)Establishes prerequisites for licensure as a Licensed Clinical
Social Worker, which include:
a) A master's degree from an accredited school of social
work;
b) Completion of 3,200 hours of post-master's experience,
supervised by a licensed clinical social worker;
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c) Specialized training in specified subjects; and
d) Successfully pass a written and oral exam, and pay
associated fees for these tests.
FISCAL EFFECT : Unknown. Counties may incur costs associated
with negotiating new job classifications. This bill is keyed
non-fiscal.
COMMENTS :
This bill was previously heard in the Assembly Business and
Professions Committee on April 8, 2003, and was approved on a
12-0 vote.
Related legislation : AB 949 (Ducheny and Davis) was introduced
in the 1997-1998 session. AB 949 is reintroduced as AB 445, but
includes findings and declaration language and the dates are
updated. AB 949 underwent numerous amendments and was defeated
in conference committee.
The author states "This bill protects vulnerable consumers by
guaranteeing that when they are in need of a specific service
provided by a qualified social worker, they are actually seeing
a social worker. Currently, members of the general public may
receive services, voluntarily or involuntarily, from anyone who
calls herself a 'social worker'. The public often times does
not know if this person has had any formal training and
education in social work. The Board of Behavioral Sciences
(BBS) under the aegis of the Department of Consumer Affairs,
supports this bill."
The author adds "this use of the title 'social worker' should
not be misleading. Consumers have a right to know if the person
calling himself or herself a social worker has a degree in
social work. (For purposes of transition the bill allows anyone
who is presently deemed a social worker to continue with the
title as long as they use it continuously)."
In the past, the committee has heard testimony outlining the
profound shortage of social workers in California. This lack of
social workers has forced social service programs and other
employers, including critical safety programs like the Child
Welfare System and Adult Protective Services, to resort to the
employment of Baccalaureate-level workers who lack the
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orientation to professional social work values. These values
include the legitimacy of environmental interventions, the
professional mandate to serve impoverished and marginalized
groups, and the effective use of self and client relationships
for the exclusive benefit of clients. The result can be poor
service and public confusion about the value of social work.
Public perceptions about the profession of social work and the
level of prestige connected to the profession are a genuine
concern among professionals. The challenged credibility of the
Child Welfare System, for example, impairs that system's ability
to effectively protect and advocate for children and their
families. It may be difficult, for example, to support social
service programs with increased funding when the viability of
the program itself comes under attack, whether such attacks are
deserved or not. The Legislature might wish to see the
profession of social work strengthened so that important social
programs can be competently staffed and professionally delivered
to constituents.
Arguments of Proponents : One of the co-sponsors of the bill,
The National Association of Social Workers - California Chapter
states "AB 445 is a bill that California's consumers need, and
for which social workers have been advocating nationwide for
years. Many other states have already adopted similar language.
We urge California to do the same." Many individuals submitted
letters stating "When the public comes into contact with a
social worker, they have a right to know that the professional
in question has the requisite training to justify the title.
Non-social workers using the title do not necessarily adhere to
the same ethical or practice standards as professionally trained
social workers. Yet, when complaints against social workers are
brought before agency administrators or public bodies, such as
the Legislature, there is no mechanism under current law to
distinguish between those with professional training and those
without. This confusion interferes with the ability of program
administrators and elected officials to seriously evaluate
performance on the basis of training and is therefore
detrimental to the public good."
Other letter writers offered this statement "AB 445 is part of a
larger goal to meet the crisis-level social worker shortage and
protect our clients in California. Counties currently hire
paraprofessionals to perform social work duties. Title
protection helps better define positions to ensure that
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paraprofessionals are not misrepresenting themselves as social
work professionals."
Arguments of Opponents : The County Welfare Directors
Association states "County welfare departments value their
social work staff highly and place great value on the possession
of a social work degree. Many members of CWDA hold degrees in
social work, and all seek to hire as many degreed social workers
as they are able to recruit. However, we believe that AB 445
could have effects that go beyond and run counter to the goals
of the bill." CWDA also notes that if AB 445 were to pass, most
of the 41 of the 58 counties that have "social worker"
classifications would likely change their classifications to
some other title. They note that such a change may make it even
harder to recruit staff with social work degrees. In conclusion
, CWDA notes, "It seems premature to place such heightened
requirements on either [the public or private] sector in an
environment without independent certification or grievance
procedures for individuals who possess a social work degree."
The Association of Independent California Colleges and
Universities argue that AB 445 would have the effect of forcing
specialized accreditation on schools. They take the position
that it is better for colleges and universities to be assessed
on the whole school, rather than a portion of it. They reason
that specialized accreditation often devolves into increasing
support for one program at the expense of others. They also
argue "if the state has an interest in protecting the skills of
social workers, then it should consider licensure. This is what
is done in numerous other professions; and indeed it is what is
done under current law for licensed Clinical Social Workers
through the Board of Behavioral Science Examiners."
What happens if a social work student graduates from a school in
candidacy which subsequently fails CSWE accreditation ? AB 445
states that such a graduate would not be allowed to call
themselves a social worker, despite having made a substantial
personal commitment to achieve the MSW degree. Further, the
graduate would have been exposed to the values and ethics of the
profession and would likely have been working in the field prior
to admission to the graduate program. Staff from the Assembly
Higher Education Committee express concern about a scenario
where a college or university embarks on the accreditation path,
enters into candidacy and is authorized to admit students by the
CSWE, collects tuition for several years, and then abandons its
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efforts at accreditation. AB 445 would deny this graduate of
the use of the title "social worker".
Suggested amendment : The committee recommends amending
paragraph (b) to read "A graduate of a school in candidacy
status as determined by the Council on Social Work Education may
not be designated a "social worker" if the school fails to
achieve accreditation from the council."
Title protection in other professions: The author cites a list
of 17 professional areas, each with several sub-specialties,
which enjoy the privilege of the exclusive use of a title.
Examples of these are State Certified Real Estate Appraiser,
Registered Dental Assistant, Civil Engineer, Nurse, Physician,
and Licensed Clinical Social Worker. While each one of these
professions enjoys title protection, each one must not only be
trained in the discipline, but must do some or all of the
following: pass a test, have experience, participate in
continuing education, and maintain a standard of conduct over
time. AB 445 imposed no similar obligations upon social
workers.
Need for public protection: The sponsors of the bill argue that
the public is at risk of receiving services from a person
without an MSW or BSW degree who represents themselves as a
social worker. Members of the public who would seek out and hire
a social worker for services would do so in the context of
seeking therapy. For this reason, the Legislature has
established licensing standards administered by the BBSE within
the Department of Consumer Affairs. Other avenues of contact
between social workers and the public would likely occur within
the context of a service provider, such as a Foster Family
Agency, Regional Center, or Child Protective Services. In these
cases, the individual staff member is assessed by the agency
that hires them, not the individual consumer. In many cases,
the choice a consumer would make would be as to the agency, and
the agency is responsible for the skill level and competency of
its staff. In the case of involuntary clients, there is little
if any choice available to the consumer regarding the
educational background of a social worker.
The sponsors have not identified any individuals who have been
injured as a result of a consumer mistaking a social worker
without an MSW or BSW for a social worker with such a degree.
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Suggested Amendment: AB 949 was amended to give counties two
years to change their job classifications. The committee
suggests amending the bill to set the date the bill takes effect
to January 1, 2006.
Suggested Amendment: The committee suggests amending the bill
to provide for equitable relief for those who use the title
"social worker" in violation of the provisions of the bill.
REGISTERED SUPPORT / OPPOSITION :
Support
National Association of Social Workers - California Chapter
(co-sponsor)
California Society for Clinical Social Work (co-sponsor)
Board of Behavioral Sciences
Dean, School of Social Welfare, UC Berkeley
Los Angeles Affiliate of the National Association of Counsel for
Children
Many individual letters
UCLA Department of Social Welfare
Opposition
Association of Independent California Colleges and Universities,
(AICCU)
County Welfare Directors Association of California (CWDA)
Analysis Prepared by : John Boisa / HUM. S. / (916) 319-2089