Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 766

Introduced by Senator Eggman

February 17, 2023

An act to amend Section 4996.2 of the Business and Professions Code, relating to social workers. An act to amend Section 4996.14 of, and to add Article 6 (commencing with Section 4998.70) to Chapter 14 of Division 2 of, the Business and Professions Code, relating to social workers.


LEGISLATIVE COUNSEL'S DIGEST


SB 766, as amended, Eggman. Clinical social workers: licensure requirements. Social workers.
Existing law, the Clinical Social Worker Practice Act, provides for the regulation of licensed clinical social workers. That law makes an individual who styles themselves as a licensed clinical social worker, without holding a license in good standing, guilty of a misdemeanor. Existing law exempts an individual employed by a government entity, certain academic institutions, an institution that is both nonprofit and charitable, and other specified individuals from that prohibition.
This bill would prohibit an individual from representing themselves as a social worker, unless they possess certain academic qualifications. The bill would apply that prohibition to an individual employed by a governmental entity, certain academic institutions, an institution that is both nonprofit and charitable, and other individuals. The bill would also prohibit an employer or principal from representing their employee or agent as a social worker unless the employee or agent possesses certain academic qualifications. The bill would state that, prior to January 1, 2029, these provisions do not apply to an individual that is classified as a social worker by their employer or principal if the individual held that classification prior to January 1, 2024. The bill would make a violation of these provisions an unfair business practice as well as a misdemeanor. By making a violation of these provisions a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides for the licensure and regulation of clinical social workers by the Board of Behavioral Sciences. Under existing law, an applicant for a clinical social worker license is required to furnish to the board evidence that the applicant has, among other things, received a master’s degree from an accredited school of social work.

This bill would make a nonsubstantive change to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares as follows:
(a) The profession of social work is over 100 years old and is practiced worldwide. Its mission is to enhance and meet the basic needs of all people, with particular attention to the state’s most vulnerable consumers, including families; adults and children suffering from abuse, addiction, mental illness, and disabilities; veterans; the elderly; and all people living in poverty and experiencing oppression who have the right to expect that a person with the title of social worker has the appropriate education, experience, and training.
(b) A social worker possesses a specific body of professional knowledge, training, and experience that is gained when the social worker acquires their social work degree from a school accredited by the Commission on Accreditation of the Council on Social Work Education.
(c) A social work degree is based on scientific theory and evidence-based practice.
(d) While this act protects the title of social worker, it does not limit any other health care or social service title.
(e) The public confidence and the consumer’s security are paramount, and protecting the social worker title is critical to successful social work for individuals, families, and communities.

SEC. 2.

 Section 4996.14 of the Business and Professions Code is amended to read:

4996.14.
 (a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Licensed Marriage and Family Therapist Act, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law.
(b) This chapter chapter, except for Article 6 (commencing with Section 4998.90), shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity, a school, a college, a university, or an institution that is both nonprofit and charitable if both of the following apply:
(1) The work of the employee or volunteer is performed under the oversight and direction of the entity.
(2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services or as soon as practicably possible thereafter, a notice written in at least 12-point type that is in substantially the following form:

NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered practitioner providing services at (Name of agency). To file a complaint, contact (Telephone number, email address, internet website, or mailing address of agency).
The Board of Behavioral Sciences receives and responds to complaints regarding services provided by individuals licensed and registered by the board. If you have a complaint and are unsure if your practitioner is licensed or registered, please contact the Board of Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license verification feature by visiting www.bbs.ca.gov.

(B) The delivery of the notice described in subparagraph (A) to the client shall be documented.
(c) This chapter shall not apply to a person using hypnotic techniques if their client was referred by a physician and surgeon, dentist, or psychologist.
(d) This chapter shall not apply to a person using hypnotic techniques that offer vocational self-improvement, and the person is not performing therapy for emotional or mental disorders.
(e) Notwithstanding subdivisions (b) and (c) or Section 4996.13, all persons registered as associates or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board.

SEC. 3.

 Article 6 (commencing with Section 4998.70) is added to Chapter 14 of Division 2 of the Business and Professions Code, to read:
Article  6. Use of the Designation Social Worker

4998.70.
 (a) Except as provided in subdivisions (b) and (c), only an individual who possesses a degree from an accredited school of social work, as defined in Section 4991.2, may represent themselves as a social worker.
(b) A graduate of a school in candidacy status, as determined by the Commission on Accreditation of the Council on Social Work Education, or that was in candidacy status at the time the graduate began attending the school, shall not represent themselves as a social worker if the school does not obtain accreditation from the council.
(c) A social worker shall not use the title “Licensed Clinical Social Worker” or “Associate Clinical Social Worker” unless the individual meets the criteria specified under Article 4 (commencing with Section 4996).
(d) This section shall not limit the use of any other health care or social service title.
(e) Prior to January 1, 2029, this section shall not apply to an individual that is classified by their employer or principal as a social worker if the individual held that classification prior to January 1, 2024.

4998.71.
 (a) Except as provided in subdivisions (b) and (c), an employer or principal shall not represent their employee or agent as a social worker unless that employee or agent possesses a degree from an accredited school of social work, as defined in Section 4991.2.
(b) If an employee or agent is a graduate of a school in candidacy status, as determined by the Commission on Accreditation of the Council on Social Work Education, or is a graduate of a school that was in candidacy status at the time the graduate began attending the school, an employer or principal shall not represent the employee or agent as a social worker until the school has obtained accreditation from the council.
(c) An employer or principal shall not represent an employee or agent by the title “Licensed Clinical Social Worker” or “Associate Clinical Social Worker” unless the employee or agent meets the criteria specified under Article 4 (commencing with Section 4996).
(d) If an employee or agent who does not possess a degree from an accredited school of social work performs similar duties to that of a social worker, the employer or principal shall 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 social work.
(e) This section shall not limit the use of any other health care or social service title.
(f) Prior to January 1, 2029, this section shall not apply to an individual that is classified by their employer or principal as a social worker if the individual held that classification prior to January 1, 2024.

4998.72.
 (a) A violation of this article is an unfair business practice within the meaning of Chapter 5(commencing with Section 17200) of Part 2 of Division 7, and is also subject to Section 4996.12.
(b) In addition to the causes of action and remedies established in subdivision (a), the board may bring an action for injunction or other appropriate relief restraining the conduct of any person for the violation of this article before the superior court in and for the county in which the conduct takes place.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 4996.2 of the Business and Professions Code is amended to read:
4996.2.

Each applicant for a license shall furnish evidence satisfactory to the board that the applicant complies with all of the following requirements:

(a)Is 21 years of age or older.

(b)Has received a master’s degree from an accredited school of social work.

(c)Has had two years of supervised post-master’s degree experience, as specified in Section 4996.23.

(d)Not be subject to denial of licensure pursuant to Section 480. The board shall not issue a registration or license to any person who has been convicted of any crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory, in accordance with Section 480.

(e)Has completed adequate instruction and training in the subject of alcoholism and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after January 1, 1986.

(f)Has completed instruction and training in spousal or partner abuse assessment, detection, and intervention. This requirement applies to an applicant who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003. An applicant who began graduate training on or after January 1, 2004, shall complete a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.

(g)Has completed a minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 1807 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.

(h)Has completed a minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 1807.2 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.