BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 252
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

               AB 252 (Yamada and Eggman) - As Amended:  April 2, 2013 

          Policy Committee:                              Business and  
          Professions  Vote:                            11 - 1 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill 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 social worker from using the title Licensed  
            Clinical Social Worker (LCSW) or Associate Clinical Social  
            Worker (ACSW) unless the individual is duly licensed. 


          4)Prohibits an employer or principal from representing an  
            employee or agent by the title LCSW or ACSW unless the  
            employee or agent is duly licensed. 


          5)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  








                                                                  AB 252
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            social work. 

          6)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. 


           FISCAL EFFECT  

          1)Based on the experiences of Yolo County, who adopted this  
            policy in 2008, one-time cost for the 44 remaining counties  
            that use a social worker classification would likely be in  
            excess of $5 million (GF) to develop a social worker  
            eligibility study and administratively implement the changes.   


          2)On-going costs for the ultimate salary differential that could  
            result from changing and adding job titles and classifications  
            for those individuals who do and do not possess a degree in  
            social work could exceed $25 million (GF) per year, based on  
            the experience in Yolo County. 

          3)One-time costs of several hundred thousand dollars for all  
            departments in the health and human services agency, and any  
            other department that currently uses the term "social worker"  
            in their regulations and define it to mean someone other than  
            a person with a degree in social work from an accredited  
            institution. 

           COMMENTS  

           1)Rationale  . 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. Conversely, it would prohibit anyone who does  
            not have a specific degree in social work from identifying  
            himself or herself as a social worker. The author notes that  
            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.








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            According to the author, the intent of this bill is 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.

           2)Support  . The National Association of Social Workers (NASW)  
            notes that title protection has long been a priority for the  
            organization and that the title of social worker needs to be  
            reserved for those individuals who have a degree from an  
            accredited school of social work.

           3)Opposition  . In opposition to the bill, the County Welfare  
            Directors Association states,

               "Most counties have job classification structures that  
               allow degreed social work professionals to work alongside  
               other professionals with other appropriate education,  
               training and experience. . . . Many counties have  
               difficulty 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.

               "It seems inappropriate to enact these heightened  
               requirements in an environment without independent  
               certification or grievance procedures for individuals who  
               possess a social work degree, other than the Licensed  
               Clinical Social Worker/Associate Social Worker licensure  
               construct, which is overseen by the Board of Behavioral  
               Sciences and is protected from inappropriate usage under  
               current law."
           
            4)Related Legislation  . AB 671 (Portantino), 2012, 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 this committee.








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            AB 2753 (Solorio), 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), 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.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081