BILL REQ. #:  S-1202.1 

Read first time 02/08/2007.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to protecting consumers and agency clients by clarifying the definition of social worker; amending RCW 18.225.010 and 70.124.020; adding a new section to chapter 18.225 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the public's interest is best served by receiving social and clinical services from a professional social worker who abides by a professional code of ethics, is educated in the field of social work, and is deemed by the completion of requirements of the social work education and/or licensing requirements to be a social worker.
     Social work education provides a unique combination of knowledge, values, skills, and professional ethics that cannot be obtained through other educational programs, equipping professional social workers with the specialized knowledge base necessary for an effective social services delivery system that cannot be approximated through other degree programs or on-the-job training.
     In addition, many professional social workers practice in settings that do not require licensure and the professional title of social worker is misunderstood or undervalued due to use of the title "social worker" by persons neither trained nor licensed as a professional social worker.
     It is therefore the intent of the legislature to ensure that the title of "social worker" is defined clearly for mental health consumers and the clients of public and private agencies.

Sec. 2   RCW 18.225.010 and 2001 c 251 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (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) "Committee" means the Washington state mental health counselors, marriage and family therapists, and social workers advisory committee.
     (4) "Department" means the department of health.
     (5) "Disciplining authority" means the department.
     (6) "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.
     (7) "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.
     (8) "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.
     (9) "Secretary" means the secretary of health or the secretary's designee.
     (10) "Social worker" means a person who has met one or more of the following requirements:
     (a) Graduation from a bachelor's, master's, or doctorate social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards; or
     (b) Is licensed under RCW 18.225.090 as a licensed advanced social worker or licensed independent clinical social worker.

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) Graduation from a bachelor's, master's, or doctorate social work educational program accredited by the council on social work education and approved by the secretary based upon nationally recognized standards; or
     (b) Is licensed under RCW 18.225.090 as a licensed advanced social worker or licensed independent clinical social worker.
     (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:
     (1) To safeguard the people of the state of Washington from the dangers of unqualified, unethical, and improper practice of social work, a person must not represent himself or herself as a social worker without being qualified as a social worker as defined in this chapter.
     (2) No public or private agencies or organizations in the state of Washington shall use the title "social worker" or any form of the title for volunteer or employment positions or within contracts for services, documents, manuals, or reference material, effective January 1, 2008, unless all volunteers or employees in those positions meet the qualifications of a social worker as defined in this chapter, or were employed with the title "social worker" on or before the effective date of this act.