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.
AB 252
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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.
AB 252
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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