SB82

By Senators Dial and Holley

ENROLLED, An Act,

To amend Sections 34-30-1, 34-30-3, 34-30-5, 34-30-20, 34-30-22, 34-30-24, 34-30-30, 34-30-31, and 34-30-33, Code of Alabama 1975; to further define the practice of social work and the licensure of master social workers and independent clinical social workers licensed by the State Board of Social Work Examiners.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 34-30-1, 34-30-3, 34-30-5, 34-30-20, 34-30-22, 34-30-24, 34-30-30, 34-30-31, and 34-30-33, Code of Alabama 1975, are amended to read as follows:

§34-30-1.

"As used in this chapter, the following words and terms shall have the following meanings:

"(1) BOARD. The State Board of Social Work Examiners established under this chapter.

"(2) SOCIAL WORK. The professional activity of helping individuals, groups, or communities enhance or restore their capacity for social functioning, and of preventing or controlling social problems altering societal conditions as a means towards enabling people to attain their maximum potential.

"(3) SOCIAL WORK PRACTICE. The professional application of social work values, principles, and techniques to one or more of the following ends: Helping people obtain tangible services, assessment and opinions, counseling with individuals, families, and groups, helping communities or groups provide or improve social and health services, engaging in research related to those ends and principles, and administering organizations and agencies engaging in such practice. The practice of social work requires knowledge of human development and behavior, of social, economic, and cultural institutions and of the interaction of all these factors.

"(4) SOCIAL WORK SPECIALTY. A defined area of social work practice recognized and approved by the Board of Social Work Examiners.

"(5) SOCIAL WORK METHOD. An orderly, systematic mode of practice and procedure recognized and approved by the Board of Social Work Examiners. This includes but is not limited to social casework, social group work, and community organization.

"(6) FULL-TIME SOCIAL WORK. Thirty-five hours per week.

"(7) PART-TIME SOCIAL WORK. At least 10 hours per week or more, and will be considered equivalent to full-time social work on a pro rata basis as determined by the board.

§34-30-3.

"After May 24, 1978, no No person may engage in the private independent clinical practice of social work unless he or she is:

"(1) Licensed under this chapter as a licensed certified independent social worker; and

"(2) Has a doctorate or master's degree from a school of social work approved, accredited, or in candidacy granted by the Council on Social Work Education; and

"(3) Has had two years' full-time or three years' part-time postgraduate experience under appropriate supervision in the specified social work method or four years' full-time or five years' part-time postgraduate experience under appropriate supervision in the speciality in which the applicant will practice.

"(4) Has passed an examination prepared by the board for this purpose; except, that prior to the time that an examination is prepared by the board for this purpose, no person who otherwise meets the requirements of this section will be prohibited from engaging in the private independent practice of social work; and

"(5) Has been issued by mail a certified letter of certification stating his or her qualification for private independent practice by the board; and

"(6) Has paid an initial certification fee set by the board.

§34-30-5.

"The following procedure will apply to revocation and suspension hearings and to judicial review of these hearings:

"(1) Hearings are to be conducted by a five-person panel of the Board of Social Work Examiners with recommended decisions to be by majority vote of the panel.

"(2) Reasonable notice (20 days' minimum) of charges to be served personally or by registered mail.

"(3) Stenographic record of proceedings.

"(4) The "licensed bachelor social worker," "licensed graduate social worker" or "licensed certified social worker" A person licensed under this chapter whose license is subject to suspension or revocation is entitled to:

"a. The presence of counsel at the hearing at his expense;

"b. The right to cross-examination of witnesses;

"c. The right to call witnesses on his or her own behalf; and

"d. The right to subpoena witnesses and documents.

"(5) Any person affected by the action of the board in refusing his or her application or suspending or revoking his or her license, or any other action of the board, may appeal the action of the board by filing a petition within 30 days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon 10 days' written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereof or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order. The board shall be represented in such appeals by the district attorney of the county or the Attorney General, or any of their assistants. The board shall initially determine all facts, but the court, upon appeal, shall set aside the determination of the board if the board's determination:

"a. Is not based upon substantial evidence upon the entire record;

"b. Is arbitrary or capricious;

"c. Is in violation of statutory requirements; or

"d. Was made without affording the licensee or applicant due process of law.

"(6) The board may, in its discretion, seek an injunction against any person engaged in violation of this chapter.

§34-30-20.

"(a) Except as otherwise provided in subsection (b), After November 24, 1978, no person may engage in the practice of social work, holding himself or herself forth as a "social worker," a "licensed bachelor social worker," a "licensed graduate master social worker," or a "licensed certified independent clinical social worker," unless that person is so licensed under this chapter or excluded according to its provisions.

"(b) The board shall reissue the appropriate redesignated license to any person licensed on the effective date of the act adding this subsection as a graduate social worker or a certified social worker. Notwithstanding the foregoing, any license issued to a graduate social worker or a certified social worker prior to that date shall continue to be valid for the duration of the license or until the appropriate redesignated license is issued by the board. Any person licensed by the board as a graduate social worker or a certified social worker on that date may continue to use the prior designated licensure titles for a period of two years or as otherwise provided by the board. It is the intent of the act adding this subsection to only change the licensure titles unless expressly otherwise provided herein and to provide for an orderly transition in the use of the prior licensure titles by any person licensed on that date.

§34-30-22.

"The State Board of Social Work Examiners shall issue a license as a "licensed bachelor social worker," a "licensed graduate master social worker," or a "licensed certified independent clinical social worker" to an applicant who satisfies all of the following requirements:

"(1) Is at least 19 years of age.

"(2) Has paid an initial examination fee established by the board.

"(3) Has passed an examination prepared by the state board for that purpose.

"(4) Has ascribed to a professional code of ethics developed and adopted by the board.

"(5) Meets all of the following additional requirements for the level at which they are applying to be licensed:

"a. Bachelor social worker:

"1. Has a baccalaureate degree from an accredited college or university including completion of a social work program. At the end of five years from June 8, 1984, applicants who then apply shall have a baccalaureate degree from an accredited college or university, including completion of a social work program approved, accredited, or in candidacy granted by the Council on Social Work Education.

"2. For a period of six years from May 23, 1977, an applicant may be licensed who has a baccalaureate degree from an accredited college or university and has successfully completed two years of full-time continuous employment in a social work position under supervision approved by the board; or

"3. Until March 1, 1996, an applicant may be licensed who has a bachelor's degree in social work or a bachelor's degree in a human services field such as sociology, rehabilitation counseling, psychology, and guidance counseling.

"b. Graduate Master social worker: Has a Master of Social Work or a Doctor of Social Work from a college or university approved, accredited, or in candidacy granted by the Council on Social Work Education.

"c. Certified Independent clinical social worker:

"1. Has a Master of Social Work or a Doctor of Social Work from a college or university approved, accredited, or in candidacy granted by the Council on Social Work Education.

"2. Has had at least two years of post-master or doctorate experience in the practice of social work under the supervision of a licensed certified independent clinical social worker.

"(6) Is a United States citizen or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.

§34-30-24.

"Upon receipt of an application from a person who holds a valid social workers' license from another state of the United States which requires standards equivalent to Alabama's for licensing and who possesses all the qualifications prescribed in Section 34-30-22, except that he or she has not paid the examination fee or passed the examination prepared by the board, accompanied by the initial license fee, the board shall issue a license as a "licensed bachelor social worker," "licensed graduate master social worker," or "licensed certified independent clinical social worker" to the applicant therefor.

§34-30-30.

"Nothing contained in this chapter shall prohibit licensed certified independent clinical social workers from practicing social work as partners or in groups, or from pooling fees and money received either by the partnerships or groups or by the individual members thereof for professional services furnished by any individual licensed certified independent clinical social worker, member or employee of such partnership or group, nor shall those constituting the partnership or groups be prohibited from sharing, dividing, or apportioning the fees and moneys received by them or by the partnership or group in accordance with partnership or other agreements, provided the certificate for doing business shall have been filed pursuant to law.

§34-30-31.

"Licensed certified independent clinical social workers shall be permitted to form professional associations to operate in the practice of social work according to Alabama law.

§34-30-33.

"(a) After November 24, 1978, no No person may represent himself or herself as a social worker by using the title "social worker," "licensed bachelor social worker," "licensed graduate master social worker," or "licensed certified independent clinical social worker," or any other title that includes such words, or by adding the letters "SW," "LBSW," "LGSW LMSW," or "LCSW LICSW," unless licensed under this chapter or excluded according to its provisions.

"(b) After November 24, 1978, no No public or private agency, organization, or health facility may use the term "social worker," "licensed bachelor social worker," "licensed graduate master social worker," or "licensed certified independent clinical social worker" to apply to a person unless that person is so licensed under this chapter or excluded according to its provisions.

"(c) After November 24, 1978, nothing contained in this chapter shall prohibit a Merit System or Civil Service employee who is employed in a social work position whose qualifications are established or determined by a regulatory board, pursuant to state or federal law, from representing himself or herself as a social worker by using the title "social worker."

"(d)(1) A person who knowingly, willfully, or intentionally violates any provision of this section is guilty of a misdemeanor and shall be fined not less than $100 one hundred dollars ($100) nor more than $500 five hundred dollars ($500). The board and its members shall assist prosecuting officers in the enforcement of this chapter, and it shall be the duty of this board and its members to furnish the proper prosecuting officers with such evidence as it or they may ascertain to assist them in the prosecution of any violation of this article, and the board is authorized for such purposes to make such reasonable expenditures from the funds of the board which it may deem necessary to ascertain and furnish such evidence.

"(2) When it appears to the board that any person is in violation of any provisions of this section, the board may in its own name bring an action in the circuit court for any injunction, and the court may enjoin any person from violating this section regardless of whether criminal proceedings have been or may be instituted. Upon a proper showing, a permanent or temporary injunction, or restraining order, shall be granted."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Licenses and Licensing

Social Work Examiners, Alabama Board of

Social Workers

Code Amended