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