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 AB 445 Page 2 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; AB 445 Page 3 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 AB 445 Page 4 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 AB 445 Page 5 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 AB 445 Page 6 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 maynotbe 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. AB 445 Page 7 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