BILL REQ. #:  S-1797.1 

READ FIRST TIME 02/23/09.   

     AN ACT Relating to protecting consumers by assuring persons using the title of social worker have graduated with a degree in social work from an educational program accredited by the council on social work education; amending RCW 18.225.010 and 70.124.020; adding a new section to chapter 18.225 RCW; creating a new section; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that the practice of social work improves the lives of many people throughout the state of Washington by focusing on a broad spectrum of social sciences to enhance the quality of life and develop the full potential of each client. The legislature further finds that those individuals who work as social workers should have a degree from an accredited institution of higher education approved by the council on social work education to appropriately address their clients' problems, needs, and concerns so that their clients may achieve the maximum possible enhancement of their quality of life, and develop to their full potential.

Sec. 2   RCW 18.225.010 and 2008 c 135 s 11 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advanced social work" means the application of social work theory and methods including emotional and biopsychosocial assessment, psychotherapy under the supervision of a licensed independent clinical social worker, case management, consultation, advocacy, counseling, and community organization.
     (2) "Applicant" means a person who completes the required application, pays the required fee, is at least eighteen years of age, and meets any background check requirements and uniform disciplinary act requirements.
     (3) "Associate" means a prelicensure candidate who has a graduate degree in a mental health field under RCW 18.225.090 and is gaining the supervision and supervised experience necessary to become a licensed independent clinical social worker, a licensed advanced social worker, a licensed mental health counselor, or a licensed marriage and family therapist.
     (4) "Committee" means the Washington state mental health counselors, marriage and family therapists, and social workers advisory committee.
     (5) "Department" means the department of health.
     (6) "Disciplining authority" means the department.
     (7) "Independent clinical social work" means the diagnosis and treatment of emotional and mental disorders based on knowledge of human development, the causation and treatment of psychopathology, psychotherapeutic treatment practices, and social work practice as defined in advanced social work. Treatment modalities include but are not limited to diagnosis and treatment of individuals, couples, families, groups, or organizations.
     (8) "Marriage and family therapy" means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of relationships, including marriage and family systems. Marriage and family therapy involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such diagnosed nervous and mental disorders. The practice of marriage and family therapy means the rendering of professional marriage and family therapy services to individuals, couples, and families, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise.
     (9) "Mental health counseling" means the application of principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and dysfunctional behavior to individuals, couples, families, groups, and organizations, for the purpose of treatment of mental disorders and promoting optimal mental health and functionality. Mental health counseling also includes, but is not limited to, the assessment, diagnosis, and treatment of mental and emotional disorders, as well as the application of a wellness model of mental health.
     (10) "Secretary" means the secretary of health or the secretary's designee.
     (11) "Social worker" means a person who has met one or more of the following requirements:
     (a) Is licensed under RCW 18.225.090 as an advanced social worker or an independent clinical social worker; or
     (b) Has graduated with a bachelor's, master's, or doctoral degree from a social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards.

Sec. 3   RCW 70.124.020 and 1999 c 176 s 21 are each amended to read as follows:
     Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Court" means the superior court of the state of Washington.
     (2) "Law enforcement agency" means the police department, the director of public safety, or the office of the sheriff.
     (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, pharmacy, physical therapy, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery. The term "practitioner" includes a nurse's aide and a duly accredited Christian Science practitioner.
     (4) "Department" means the state department of social and health services.
     (5) "Social worker" means ((anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of patients, or providing social services to patients, whether in an individual capacity or as an employee or agent of any public or private organization or institution)) a person who has met one or more of the following requirements:
     (a) Is licensed under RCW 18.225.090 as an advanced social worker or an independent clinical social worker; or
     (b) Has graduated with a bachelor's, master's, or doctoral degree from a social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards.
     (6) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
     (7) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
     (8) "Abuse or neglect" or "patient abuse or neglect" means the nonaccidental physical injury or condition, sexual abuse, or negligent treatment of a state hospital patient under circumstances which indicate that the patient's health, welfare, or safety is harmed thereby.
     (9) "Negligent treatment" means an act or omission which evinces a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the patient's health, welfare, or safety.
     (10) "State hospital" means any hospital operated and maintained by the state for the care of the mentally ill under chapter 72.23 RCW.

NEW SECTION.  Sec. 4   A new section is added to chapter 18.225 RCW to read as follows:
     No public agency or private entity doing business in Washington may use the title of social worker or a form of the title for describing or designating volunteer or employment positions or within contracts for services, reference materials, manuals, or other documents, unless the volunteers or employees working in those positions are qualified as a social worker as defined in this chapter.
     This section does not apply to persons employed in Washington on the effective date of this section under the job title of social worker or a form of the title, during the time of their continued employment in the same position and under the same job description and title held on the effective date of this section.

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009.