OLR Bill Analysis

sHB 6676

AN ACT CONCERNING LICENSURE OF CLINICAL SOCIAL WORKERS.

SUMMARY:

This bill creates a new license category for certain social workers. The new licensure program, known as “master social worker,” is administered by the Department of Public Health (DPH). The bill: (1) establishes licensure requirements and sets fees for initial licenses and renewals, (2) defines the practice of a master social worker, (3) allows for licensure by endorsement or licensure without examination in certain cases, (4) provides for one- time temporary permits to practice, (5) allows independent practice for a limited time, (5) specifies activities certain social workers are allowed to do, and (6) establishes continuing education requirements.

DPH currently licenses clinical social workers and continues to do so under the bill (see “BACKGROUND”).

The bill specifies that DPH must issue licenses to clinical social workers and master social workers within its existing budgetary resources. All costs associated with such issuance (e. g. , administrative, personnel, examination and investigative) must be met within these budgetary resources.

EFFECTIVE DATE: October 1, 2009.

MASTER SOCIAL WORKER

Terms and Definitions

Under the bill, a licensed master social worker can (1) practice clinical social work under professional supervision and (2) offer a mental health diagnosis in consultation with a licensed mental health practitioner eligible for independent practice in clinical social work, psychology, psychiatry, advanced practice registered nursing, or marital and family therapy.

The bill defines “under professional supervision” as the practice of social work under the supervision of a licensed mental health, health care, social services, or education professional in an individual or group setting. (It is unclear which health care professionals can provide the supervision and what kind of social services professionals are licensed; also education professionals are certified, not licensed. )

The bill specifies that a licensed clinical social worker can perform all functions of a licensed master social worker and practice independently. Under the bill, a licensed master social worker cannot engage in independent practice, except for a limited period of time (see below). “Independent practice” means the practice of social work without supervision.

License Requirements

The bill requires an applicant for a master social work license to (1) have a master's degree from a social work program accredited by the Council on Social Work Education, or if educated outside the United States or its territories, have completed an educational program the council deems equivalent and (2) pass the masters level examination of the Association of Social Work Boards or any other examination prescribed by DPH.

The application fee for a master social work license is $ 175. (The law establishes a $ 250 fee for licensed clinical social workers. ) The renewal fee for both licenses is $ 150.

Licensure by Endorsement

The bill allows the DPH commissioner to grant a license by endorsement to an applicant for a master social work license who (1) is licensed or certified as a master social worker in another state or jurisdiction whose practice requirements are substantially similar to or higher than Connecticut's and (2) has successfully completed the master level examination of the Association of Social Work Boards or any other examination prescribed by the commissioner. The law already allows for licensure by endorsement for clinical social workers. The bill allows the commissioner to prescribe an alternative examination for clinical social workers.

Licensure without Examination

The bill allows DPH, until October 1, 2011, to issue a license without examination to any master social worker who demonstrates to the department's satisfaction that by October 1, 2009 the individual met the requirements for a master social worker license.

Independent Practice

The bill allows a master social worker (presumably one who is licensed as such) to engage in independent practice between October 1, 2009 and October 1, 2012. After October 1, 2012, a master social worker cannot engage in independent practice unless he or she is licensed as a clinical social worker (see BACKGROUND).

Temporary Permit

The bill allows DPH to issue a temporary permit to a license applicant who has a mater's degree from an accredited or equivalent social work program but has not yet taken the required licensure examination. The temporary permit authorizes the holder to work under supervision as a master social worker for up to 270 calendar days after the date of receiving the master's degree. A temporary permit is not renewable; it is void and cannot be reissued if the applicant fails the examination. The temporary permit fee is $ 50.

Title Protection

The bill prohibits an individual from (1) using the title “licensed master social worker” or any initials associated with it or (2) advertising services under the description of a licensed master social worker, unless the individual has a master social worker license. The law already provides this protection for licensed clinical social workers.

Allowed Activities

The bill specifies that it does not prohibit (1) a social worker from practicing community organization, policy and planning, research, or administration that does not involve engaging in clinical social work or supervising a social worker engaged in clinical treatment with clients; (2) a state employee who works in a formal clinical social work trainee or internship program from practicing clinical social work under supervision without a master social worker license; and (3) individuals with a baccalaureate degree in social work from a Council on Social Work Education accredited program from performing nonclinical social work functions.

CONTINUING EDUCATION

Current Requirements for Licensed Clinical Social Workers

Under existing law, licensed clinical social workers must meet continuing education requirements in order to have their licenses renewed. Currently, DPH must adopt regulations that define basic requirements for continuing education programs, delineate qualifying programs, establish a control and reporting system, and provide for waiving the requirements for good cause. These regulations have been adopted (DPH Regs. § 20-195o(c)-1 to 7).

Current law allows a licensed clinical social worker who also holds a State Board of Education professional educator certificate with a school social worker endorsement to meet continuing education requirements for social workers by completing continuing education activities required for the educator certificate. The number of continuing education hours for maintaining the educator certificate must equal that required for clinical social worker continuing education over a one-year period.

The Bill's Requirements for Licensed Clinical Social Workers and Master Social Workers

The bill eliminates the provision that continuing education requirements be adopted by regulation and instead establishes statutory requirements for both licensed clinical and master social workers. (Some of the bill's requirements reflect those currently in regulation. )

The bill requires each type of social worker to complete a minimum of 15 hours of continuing education during each registration period. A “registration period” is the 12-month period for which a license is current and valid. The requirement for licensed master social workers begins on October 1, 2010. Continuing education must be related to the practice of social work and consist of courses, workshops, and conferences offered or approved by the Association of Social Work Boards, the National Association of Social Workers, a school or department of social work accredited by the Council on Social Work Education or an organization that demonstrates to DPH that its standards are substantially similar to the above organizations.

A person can take up to six hours of on-line and home study continuing education per registration period. During the registration period, an initial presentation by a licensee of an original paper, essay, or formal lecture in social work to a recognized group of fellow professionals may account for five continuing education hours.

Each licensee must get a certificate of completion from the continuing education provider for all hours successfully completed. The social worker must retain these certificates for a minimum of three years following the license renewal date for which the activity satisfies the continuing education requirement. The licensee must submit the certificate to DPH, upon request. A licensee failing to comply with the continuing education requirements may be subject to DPH disciplinary action including license revocation or suspension, censure, letter of reprimand, placement on probation, or a civil penalty.

The bill continues to recognize the professional educator certificate-related continuing education described above and applies it to both licensed clinical and master social workers.

A licensee applying for his or her first renewal is exempt from the continuing education requirements. DPH may grant a waiver from the requirements or an extension of time to a licensee who has a medical disability or illness. The licensee must apply for a waiver or time extension to DPH and submit any documentation the department requires. The waiver or extension cannot exceed one registration period. DPH may grant additional waivers or extensions if the initial reason for the waiver or extension continues beyond the waiver or extension period.

DPH may also grant a continuing education waiver to a licensee who is not engaged in social work during a given registration period, if the licensee submits a waiver request before the continuing education period expires. This must be done on a department form.

BACKGROUND

Licensed Clinical Social Workers

By law, licensed clinical social workers must (1) have a doctorate or master's degree from a social work program accredited by the Council on Social Work Education, or if educated outside of the United States or its territories, have completed an educational program deemed equivalent by the council; (2) have 3,000 hours post-master's social work experience, which must include at least 100 hours of work under professional supervision by a licensed clinical or certified independent social worker; and (3) pass the clinical level examination of the American Association of State Social Work Boards (the bill changes this to Association of Social Work Boards) or any other examination prescribed by DPH (CGS § 20-195n).

Clinical Social Work

The law defines “clinical social work” as the application, by people trained in social work, of established principles of psychosocial development, behavior, psychopathology, unconscious motivation, interpersonal relationships and environmental stress to the evaluation, assessment, diagnosis, and treatment of biopsychosocial dysfunction, disability and impairment, including mental, emotional, behavioral, developmental and addictive disorders, of individuals, couples, families or groups. Clinical social work includes, but is not limited to, counseling, psychotherapy, behavior modification, and mental health consultation (CGS § 20-195m(4)).

COMMITTEE ACTION

Public Health Committee

Joint Favorable Change of Reference

Yea

28

Nay

2

(03/26/2009)

Appropriations Committee

Joint Favorable Substitute

Yea

54

Nay

0

(04/15/2009)