AB 252, as introduced, Yamada. Social workers.
Existing law provides for the regulation of licensed clinical social workers. Existing law makes an individual who styles himself or herself as a licensed clinical social worker, without holding a license in good standing, guilty of a misdemeanor. Existing law exempts an individual employed by a government entity, certain academic institutions, an institution that is both nonprofit and charitable, and other specified individuals from that prohibition.
This bill would prohibit an individual from representing himself or herself as a social worker, unless he or she possesses certain academic qualifications. This bill would apply that prohibition to an individual employed by a governmental entity, certain academic institutions, an institution that is both nonprofit and charitable, and other individuals.
Existing law defines an approved school of social work to mean a school that is accredited by the Commission on Accreditation of the Council on Social Work Education.
Because a violation of the bill would be a crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares as follows:
2(a) The profession of social work is over 100 years old and is
3practiced worldwide. Its mission is to enhance and meet the basic
4needs of all people, with particular attention to the state’s most
5vulnerable consumers, including families; adults and children
6suffering from abuse, addiction, mental illness, and disabilities;
7veterans; the elderly; and all people living in poverty and
8experiencing oppression who have the right to expect that a person
9with the title of social worker has the appropriate education,
10experience, and training.
11(b) A social worker possesses a specific body of professional
12knowledge, training, and
experience that is gained when the social
13worker acquires his or her social work degree from a school
14accredited by the Commission on Accreditation of the Council on
15Social Work Education.
16(c) A social work degree is based on scientific theory and
17evidence-based practice.
18(d) While this act protects the title of social worker, it does not
19limit any other health care or social service title.
20(e) The public confidence and the consumer’s security are
21paramount, and protecting the social worker title is critical to
22successful social work for individuals, families, and communities.
Section 4996.14 of the Business and Professions Code
24 is amended to read:
(a) This chapterbegin insert, except for Article 6 (commencing end insert
26begin insertwith Section 4998.90),end insert shall not apply to an employee who is
27working in any of the following settings if his or her work is
28performed solely under the supervision of the employer:
29(1) A governmental entity.
30(2) A school, college, or university.
P3 1(3) An institution that is both nonprofit and charitable.
2(b) This chapter shall not apply to a volunteer who is working
3in any of the
settings described in subdivision (a) if his or her work
4is performed solely under the supervision of the entity, school,
5college, university, or institution.
6(c) This chapter shall not apply to a person using hypnotic
7techniques by referral from any of the following persons if his or
8her practice is performed solely under the supervision of the
9employer:
10(1) A person licensed to practice medicine.
11(2) A person licensed to practice dentistry.
12(3) A person licensed to practice psychology.
13(d) This chapter shall not apply to a person using hypnotic
14techniques that offer vocational self-improvement, and the person
15is not performing therapy for emotional or mental
disorders.
Article 6 (commencing with Section 4998.90) is added
17to Chapter 14 of Division 2 of the Business and Professions Code,
18to read:
19
(a) Except as provided in subdivisions (b), (c), and
23(d), on or after January 1, 2014, only an individual who possesses
24a degree from an accredited school of social work, as defined in
25Section 4991.2, may represent himself or herself as a social worker.
26(b) This article shall not be construed to apply to an individual
27who is classified by his or her employer as a social worker if the
28individual held that classification prior to January 1, 2014.
29(c) A graduate of a school in candidacy status, as determined
30by the Commission on Accreditation of the Council on Social
31Work Education, or that was in candidacy status at the time the
32graduate began attending the school, may not represent himself or
33
herself as a social worker if the school does not obtain accreditation
34from the council.
35(d) A social worker shall not use the title “Licensed Clinical
36Social Worker” or “Associate Clinical Social Worker” unless the
37individual meets the criteria specified under Article 4 (commencing
38with Section 4996).
39(e) It is not the intent of this section to limit the use of any other
40health care or social service title.
P4 1(f) A violation of this chapter is an unfair business practice and
2is subject to Section 4996.12.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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