BILL ANALYSIS Ó
AB 252
Page 1
Date of Hearing: April 23, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
AB 252 (Yamada and Eggman) - As Amended: April 2, 2013
SUBJECT : Social workers.
SUMMARY : Prohibits an individual from holding himself or
herself out professionally as a "social worker" unless he or she
has received a degree from an accredited academic institution.
Specifically, this bill :
1)Requires that, on or after January 1, 2014, only an individual
who possesses a degree from an accredited school of social
work may represent him or herself as a social worker, except
as provided.
2)Exempts from the provisions of this bill individuals who are
classified by their employer as a social worker prior to
January 1, 2014.
3)Prohibits a graduate of a school in candidacy status, as
determined by the Commission on Accreditation of the Council
on Social Work Education (CSWE), or that was in candidacy
status at the time the graduate began attending the school,
from representing himself or herself as a social worker if the
school does not obtain accreditation from CSWE.
4)Prohibits a social worker from using the title "Licensed
Clinical Social Worker" (LCSW) or "Associate Clinical Social
Worker" (ACSW) unless the individual is duly licensed, as
specified.
5)Clarifies that the provisions of this bill are not intended to
limit the use of any other health care or social service
title.
6)Requires that, on or after January 1, 2014, only an employer
or principal may represent his or her employee or agent as a
social worker if that employee or agent possesses a degree
from an accredited school of social work, as defined, except
as provided.
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7)Prohibits an employer or principal from representing an
employee or agent as a social worker if that employee or agent
is a graduate of a school in candidacy status, as determined
by the CSWE, or a graduate of a school that was in candidacy
status at the time the graduate began attending the school,
until the school has obtained accreditation from CSWE.
8)Prohibits an employer or principal from representing an
employee or agent by the title "Licensed Clinical Social
Worker" (LCSW) or "Associate Clinical Social Worker" (ACSW)
unless the employee or agent is duly licensed, as specified.
9)Requires an employer or principal who hires an individual who
does not possess a degree from an accredited school of social
work to perform similar duties to that of a social worker to
represent that employee or agent with a title other than
"social worker" or any other term that implies or suggests
that the individual possesses a degree from an accredited
school of social work.
10)Provides that if an employer or principal has engaged, or is
about to engage, in an act that constitutes a violation of the
provisions of this bill related to representations by an
employer or principal, the superior court in and for the
county where the act takes place, or is about to take place,
may issue an injunction or other appropriate order,
restraining that conduct on application of the board, Attorney
General, or the district attorney of the county.
11)Provides that it is an unfair business practice for a person
to violate the provisions of this bill related to
representations by an employer or principal.
12)Provides that the provisions of this bill related to seeking
an injunction for a violation of the provisions of this bill
related to representations by an employer or principal shall
be governed by the Code of Civil Procedure, as specified.
13)Applies its provisions to supervised employees or volunteers
working in a governmental, educational, or non-profit and
charitable institution setting, or persons using hypnotic
techniques in certain situations, as specified.
14)Provides that no reimbursement is required by this bill
pursuant to Section 6 of Article XIIB of the California
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Constitution because the only costs that may be incurred by a
local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction.
15)Makes findings and declarations relative to the profession of
social work.
EXISTING LAW :
1)Establishes the Licensed Clinical Social Worker Act. (Business
and Professions Code (BPC) Section 4991)
2)States that every individual who styles himself or herself or
who holds himself or herself out to be a LCSW without holding
a license in good standing is guilty of a misdemeanor. (BPC
4996)
3)Establishes guidelines for the Board of Behavioral Sciences
(BBS) to issue a clinical social worker license. (BPC 4996.1)
4)Establishes the guidelines for BBS to revoke or suspend a
license. (BPC 4996.11)
5)Defines the practice of "clinical social work" as "a service
in which special knowledge of social resources, human
capabilities, and the part that unconscious motivation plays
in determining behavior, is directed at helping people to
achieve more adequate, satisfying and productive social
adjustments." (BPC 4996.9)
6)Defines an "accredited school of social work" as a "school
that is accredited by the CSWE." (BPC 4991.2)
7)Exempts an individual employed by a government entity, certain
academic institutions, an institution that is both nonprofit
and charitable, and other specified individuals from the
requirements of the Clinical Social Worker Practice Act, as
defined. (BPC 4996.14)
FISCAL EFFECT : Unknown
COMMENTS :
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1)Purpose of this bill . This bill would permit individuals who
have obtained a degree in social work from an accredited
institution to represent himself or herself professionally as
a social worker. Currently, there are numerous individuals
working in various social work settings using the title
"social worker" who may not hold a degree from an accredited
academic institution. This bill would provide that after
January 1, 2014, individuals will not be able to use the title
"social worker" unless they have met academic standards from
accredited schools of social work, or have been classified by
his or her employer as a social worker prior to January 1,
2014. Professional title protection is intended to assure
consumers that the individuals they are working with in social
work settings have received the proper training and education
or have the qualified work experience to provide social work
services. This bill is author sponsored.
2)Author's statement . According to the author, "[This bill]
seeks to protect the public from misrepresentation and false
advertising by ensuring only those who have met the standards
of the profession have the right to be classified and referred
to as social workers. It does so without limiting any
agency's ability to hire individuals without social work
degrees, and it does not mandate that employees with degrees
in social work be assigned the title 'social worker,' but it
does stop agencies from representing their employees as
'social workers' to the public if they do not possess the
requisite education. Some agencies conduct training for their
employees regarding the policies and duties of their jobs,
such as managing casework, but it is no substitute for a
social work education which includes hundreds of hours of
field education and provides repetition of the ethical
standards by which members of the profession must conduct
themselves, including their responsibility to the clients?The
public has the right to assume that an individual representing
him or herself as a professional has met the standards set by
the profession and is adequately educated to serve and protect
the public."
3)Types of social workers . According to the Bureau of Labor
Statistics, there are two main types of social workers:
direct-service social workers, and clinical social workers.
Direct-service social workers typically assist individuals
with problems in everyday life situations. These social
workers can work in a variety of settings, including mental
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health clinics, schools, hospitals and private practice. A
bachelor's degree can be required for most direct-service
social work positions, with some settings requiring an
additional master's degree. However, current California law
does not mandate any educational or other requirements for
direct service social workers. A person may call him or
herself a "social worker" if they have been performing duties
of social work or have received some education in the social
work field.
Clinical social workers typically diagnose and treat mental
and behavioral health issues. In California, clinical social
workers must be licensed and BBS is the regulatory agency
responsible for the licensing of LCSWs. To be licensed as a
clinical social worker, a person must graduate from an
accredited master's degree program, register with the BBS as
an ACSW, complete additional required coursework, obtain 3200
hours of supervised work experience, and successfully pass
specified exams. There are currently 19,688 LCSWs in
California; this bill does not otherwise alter the licensure
requirements for LCSWs or ACSWs.
4)Title act vs. practice act . There is an important distinction
between regulations which require licensure and those which
protect a professional title. Statutes regulating professions
in California generally fall into two categories: a "practice
act," or a "title act." A "practice act" regulates the
duties, responsibilities and scope of practice that a licensee
can perform upon meeting specific educational, experiential or
training requirements. A "title act" simply regulates the use
of the title an individual may use in practice. In order to
be permitted to use a title, a state may require proof that an
individual has a certain level of experience or education
relevant to the particular title being regulated. This bill
provides title protection for social workers who meet
specified educational requirements but are not licensed as
LCSWs by the BBS.
State laws vary with respect to penalty and enforcement
provisions for violating a social work title act. Five states
currently reserve the professional use of the title for
individuals who have a specified degree in social work.
Thirty-one states use alternative titles for social work
professionals in child protective services and adult
protective services positions such as family service worker,
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human service professional, case manager, assessment
specialist, social service worker and case worker, if the
employee does not have a MSW degree. Virginia requires a
degree from an accredited institution of social work to be a
licensed social worker. Thirteen states do not require a
specified degree in order to use the professional title,
including California.
5)Accreditation process for schools . Academic institutions,
including various private colleges and some colleges in the
California State University and University of California
systems, offer accredited degree programs in social work.
These social work programs include undergraduate and graduate
degrees which are accredited by CSWE using the Educational
Policy and Accreditation Standards. CSWE is a national,
nonprofit association representing more than 2,500 individual
members, as well as graduate and undergraduate programs of
professional social work education. Founded in 1952, this
accrediting body is recognized by the Council for Higher
Education Accreditation as the sole accrediting agency for
social work education in this country. There are currently 21
accredited masters programs, 15 accredited bachelors programs
and one master's program in candidacy in California.
6)Employment as a social worker . Among many other employment
fields for social workers, local governments or state agencies
routinely use the "social worker" title in job
classifications. Many local government agencies routinely
contract or consult with Merit System Services (MSS) to
provide human resource assistance for job classifications and
recruitment. MSS currently provides four different
classifications: Social Worker I, II, III and IV. As provided
on the MSS Web site, each position requires a specified amount
of experience or education, with a master's degree only
required for the Social Worker IV category. According to
research provided by the author, currently 51 California
counties use the title "social worker" but do not require
individuals filling those positions to possess social work
education. The remaining seven counties (Kern, Kings, Marin,
Placer, Riverside, Santa Barbara, and Sonoma) do not use the
title "social worker" for any position. Conversely,
California state agencies do assign the title "social worker"
to employees, but only to those who possess a degree in social
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work. Employees of California state agencies classified as
"social workers" meet the educational standards of the social
work profession. It should be noted that this bill does not
require employers to hire individuals with a specified social
work degree - it only imposes an educational requirement for
use of the job title "social worker" if the employer chooses
to employ one.
7)Questions for the Committee . This bill as written exempts
individuals who are employed in a social worker role before
January 1, 2014. While the ostensible reason for doing so is
to avoid disrupting individuals in an established practice,
the current language would permit those individuals to
maintain their exemption even if they switch positions or
retire. The Committee may wish to inquire of the author
whether or not it would be appropriate to restrict the
exemption only to individuals continuously employed in the
same job classification prior to January 1, 2014.
As a result of this bill, some local government entities or
private agencies may choose to reclassify their "social
worker" job designations in order to attract a wider group of
applicants. Because this bill requires individuals who do not
possess the specified academic requirements to be classified
as something other than a social worker, it could have the
unintended consequence of driving employers to drop the
"social worker" job title completely rather than maintain two
different job classifications for what is essentially the same
position. The Committee may wish to inquire of the author as
to how the provisions of this bill may impact job
classifications in local government and elsewhere, and what
measures might be further taken to minimize disruption.
8)Arguments in support . The National Association of Social
Workers, California Chapter (NASW) writes in support, ""This
bill protects the 'social worker' title only for those
individuals who have a degree from an accredited school of
social work. 'Title protection' has been a priority of NASW
for many years. As the largest social work organization in
the world, we represent 140,000 members nationally and 56
chapters, we strive to advance the quality of social work
practice and to promote the unity and recognition of the
profession."
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9)Arguments in opposition . The County Welfare Directors write
in opposition, "Many counties have difficulty in recruiting a
sufficient number of degreed social work professionals into
these positions, and therefore must be willing to hire
individuals who meet the alternative education, training and
experience requirements to succeed in the job. Although AB
252 would allow individuals whose job titles currently refer
to them as 'social workers' to continue using that
designation, it is very unlikely that county would retain one
set of job classifications for existing employees and create
an entirely separate set of classifications for perspective
hires."
10)Previous legislation . AB 671 (Portantino) of 2012 would have
required county child welfare supervisors hired on or after
January 1, 2016 to have a master's degree in social work from
an accredited or state-approved graduate school of social
work. AB 671 was held in the Assembly Appropriations
Committee.
AB 2753 (Solorio) of 2008, would have required that a civil
service classification under the State Personnel Board not be
designated "social worker" unless it was limited to
individuals who possessed a bachelor's, master's, or doctorate
degree from an accredited school of social work. AB 2753 was
held in the Senate.
AB 445 (Vargas) of 2003, proposed to limit the use of the
title "social worker" to individuals who possess a social work
degree from an accredited school. The bill received
opposition from both the County Welfare Directors Association
and the Association of Independent California Colleges and
Universities. AB 445 was held in the Senate Business and
Professions Committee.
AB 949 (Ducheney) of 1997 would have limited the use of the
title "social worker" to individuals who possessed a social
work degree from a school accredited by CSWE. AB 949 was held
in the Senate.
REGISTERED SUPPORT / OPPOSITION :
Support
AFSCME
AB 252
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California Association for Health Services at Home
California Association of Deans and Directors of Schools of
Social Work
California Association of School Social Workers
California Commission on Aging
California Society for Clinical Social Work
California State University, Sacramento Division of Social Work
CommuniCare Health Centers
Gender Health Center
Legal Advocates for Children and Youth
National Association of Social Workers, California Chapter
Reed Behavioral Solutions
Social Work Student Association at Sacramento State University
Social Worker Occupational Committee for AFSCME Local 2620
University of Southern California School of Social Work
95 private individuals
Opposition
California Association for Licensed Professional Clinical
Counselors
California Association of Marriage and Family Therapists
County Welfare Directors Association of California
SEIU California
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301