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 masters degree from an accredited school of social work.

This bill would make a nonsubstantive change to these provisions.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 766 (Eggman) - Social workers

Bill Summary:

SB 766 prohibits an individual from representing themselves as a “social worker” unless they meet educational requirements from an accredited school of social work, as specified.

Fiscal Impact:

• The Board of Behavioral Sciences (BBS) reports costs of $117,000 in Fiscal Year (FY) 2024-25 and $109,000 in FY 2025-26 and ongoing to support the enforcement requirements of this bill (Behavioral Science Examiners Fund). Additional enforcement workload includes reviewing complaints, responding to questions and working with other state and local agencies to ensure compliance. The BBS notes that these costs are not absorbable within existing resources. Actual costs to the BBS will vary and depend on the number of complaints the board receives and complexity of any associated investigations. The fiscal estimate provided by the BBS assumes approximately 30 violations per year.
• The Office of Information Services reports a minor fiscal impact to create new enforcement codes, which may be absorbed through the redirection of existing maintenance resources.

Background:

California does not require a license to be employed as a social worker. There is only one social work license in California, a Licensed Clinical Social Worker (LCSW), which allows individuals to perform clinical social work and psychotherapy.

A person may call themselves a "social worker" if they have been performing duties of social work or have received some education in the social work field. There is nothing in current law that prohibits an employer from hiring “social workers” or classifying positions as “social work” as long as they are not representing themselves or the employee, or the position as a LCSW.

There is an important distinction between regulations, which require licensure, and those, which protect a professional title. Statutes regulating professions in California generally fall into two categories: a "practice act," or a "title act." A “practice act" regulates the duties, responsibilities and scope of practice that a licensee can perform upon meeting specific educational, experiential or training requirements. A “title act" simply regulates the use of the title an individual may use in practice. In order to be permitted to use a title, a state may require proof that an individual has a certain level of experience or education relevant to the particular title being regulated. This bill provides title protection for social workers who meet specified educational requirements but are not licensed as LCSWs by the BBS. Professional title protection is intended to assure consumers that the individuals they are working with in social work settings have received the proper training and education or have the qualified work experience to provide social work services.

Proposed Law:

• Provides that only an individual who possesses a degree from an accredited school of social work may represent themselves as a social worker.
• Provides that a graduate of a school in candidacy status or that was in candidacy status at the time the graduate began attending the school cannot represent themselves as a social worker if the school does not obtain accreditation from the Commission on Accreditation of the Council on Social Work Education.
• Prohibits a social worker from using the title “LCSW” or “Associate Clinical Social Worker” (ACSW) unless the individual meets specified licensure requirements.
• Provides that the use of any other health care or social service tittle is not limited.
• Provides that the prohibition on using the title social worker does 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.
• Prohibits an employer or principal from representing their employee or agent as a social worker unless that employee or agent possesses a degree from an accredited school of social work.
• Provides that an employee or agent who is a graduate of a school in candidacy status or that was in candidacy status at the time the employee or agent began attending the school cannot represent themselves as a social worker if the school does not obtain accreditation from the Commission on Accreditation of the Council on Social Work Education.
• Prohibits an employer or principal from representing an employee or agent by the title “LCSW” or “ACSW” unless that employee or agent meets specified licensure requirements.
• Provides that a violation of the above is an unfair business practice.
• Authorizes the BBS to bring an action for injunction or other appropriate relief restraining the conduct of any person for a violation of the above.
• States legislative findings and declarations.

Staff Comments:

The boards and bureaus within the Department of Consumer Affairs are special fund agencies whose activities are funded by regulatory and license fees and generally receive no support from the General Fund. New legislative mandates, even those modest in scope, may in totality create new cost pressures and impact the entity’s operating costs, future budget requests, or license fees.

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SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Richard Roth, Chair

2023 - 2024 Regular

Bill No: SB 766 Hearing Date: April 24, 2023

Subject: Social workers

SUMMARY:

Prohibits an individual from holding themselves out professionally as a “social worker” unless they possess a degree from an accredited school of social work, as specified.

Existing law:

1. Establishes the Licensed Clinical Social Worker Act. (Business and Professions Code (BPC) § 4991)
   
2. States that every individual who styles himself or herself or who holds himself or herself out to be a LCSW without holding a license in good standing is guilty of a misdemeanor. (BPC § 4996)
   
3. Establishes guidelines for the Board of Behavioral Sciences (BBS) to issue a clinical social worker license. (BPC § 4996.1)
   
4. Establishes the guidelines for BBS to revoke or suspend a license. (BPC § 4996.11)
   
5. Defines the practice of "clinical social work" as "a service in which special knowledge of social resources, human capabilities, and the part that unconscious motivation plays in determining behavior, is directed at helping people to achieve more adequate, satisfying and productive social adjustments." (BPC § 4996.9)
   
6. States that the application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature with individuals, families or groups, providing information and referral services, providing or arranging for the provision of social services, explaining or interpreting the psychosocial aspects of the situations of individuals or families, or groups; helping communities to organize, to provide or to improve social or health services, doing research related to social work, and the use, application, and integration of the coursework and experience, as specified. (BPC § 4996.9)
   
7. Defines an "accredited school of social work" as a "school that is accredited by the Commission on Accreditation of the Council of Social Work Education." (BPC 4991.2)
   
8. Exempts an individual employed by a government entity, certain academic institutions, an institution that is both nonprofit and charitable, and other specified individuals from the requirements of the Clinical Social Worker Practice Act, as defined. (BPC 4996.14)
   
9. Defines "unfair competition" as (1) any unlawful, unfair, or fraudulent business practice; (2) any unfair, deceptive, untrue, or misleading advertising; or (3) any act prohibited by the state's false advertising statutes. (BPC § 17200.)
   

This bill:

1. States that only an individual who possesses a degree from an accredited school of social work is authorized to represent themselves as a social worker. Prohibits a graduate of a school that is in accreditation 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, from representing themselves as a social worker if the school does not obtain accreditation.
   
2. Prohibits a social worker from using the title “LCSW” or “ACSW” unless the individual meets the criteria specified in the LCSW practice act. States that the provisions of this bill do not limit the use of any other health care or social service title.
   
3. States that the prohibition on using the title social worker does 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.
4. Prohibits an employer or principal from representing their employee or agent as a social worker unless the employee or agent possesses a degree from an accredited school of social work, as defined. States that if the employee or agent is a graduate of a school that is 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, an employer or principal may not represent the employee or agent as a social worker until the school obtains accreditation from the council. Prohibits an employer or principal from representing an employee or agent by the title LCSW or ACSW unless the employee or agent meets the criteria licensure or registration, as specified.
   
5. Requires an employer or principal to represent an employee or agent with a title other than “social worker” if the employee or agent performs duties other similar to a “social worker” and does not possess a degree from an accredited school of social work, as specified.
   
6. States that nothing prevents the use of any other health care of service title.
   
7. States that prior to January 1, 2029, the provisions of this bill do 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.
   
8. Makes a violation of the provisions of this bill an unfair business practice and also subject to a misdemeanor, as specified.
   
9. Authorizes the BBS to bring an action for injunction or other appropriate relief restraining the conduct of any person for the violation of the provisions of this bill before the superior court in and for the county in which the conduct takes place.
   
10. States findings and declarations related to the practice of the social work profession.

FISCAL EFFECT:

Unknown. This bill is keyed fiscal by Legislative Counsel.

COMMENTS:

1. Purpose. This bill would permit individuals who have obtained a degree in social work from an accredited institution to represent himself or herself professionally as a social worker. The National Association of Social Work - California Chapter is the sponsor of this bill. According to the author, “Existing law only protects the title for Licensed Clinical Social Workers (LCSWs) but many social workers practice social work as BSWs and MSWs and do not need a license for their work. This bill seeks to protect the public from misrepresentation and false advertising by ensuring only those who have met the standards of the profession have the right to be classified and referred to as social workers. It does so without limiting any agency’s ability to hire individuals without social work degrees, and it does not mandate that employees with degrees in social work be assigned the title 'social worker,' but it does stop agencies from representing their employees as 'social workers' to the public if they do not possess the requisite education.”
2. Background.

Social Workers and Types of Social Worker Classifications. According to the Bureau of Labor Statistics, the overall employment of social workers is projected to grow nine percent from 2021 to 2031, faster than the average for all occupations. About 74,700 openings for social workers are projected each year, on average, over the decade. Many of those openings are expected to result from the need to replace workers who transfer to different occupations or exit the labor force, such as to retire. There are two distinct types of social workers: direct-service social workers, and clinical social workers. Direct-service social workers typically assist individuals with problems in everyday life situations. These social workers can work in a variety of settings, including mental health clinics, schools, hospitals and private practice. A bachelor's degree can be required for most direct-service social work positions, with some settings requiring an additional master's degree. However, current California law does not mandate any educational or other requirements for direct service social workers.

Clinical social workers typically diagnose and treat mental and behavioral health issues. In California, clinical social workers must be licensed and the BBS is the regulatory agency responsible for the licensing of LCSWs. To be licensed as a clinical social worker, a person must graduate from an accredited master's degree program, register with the BBS as an ACSW, complete additional required coursework, obtain 3200 hours of supervised work experience, and successfully pass specified exams. There are approximately 35,000 LCSWs and 17,000 ASWs currently licensed and registered in California.

California does not require a license to be employed as a social worker. There is only one social work license in California, an LCSW, which allows individuals to perform clinical social work and psychotherapy.

A person may call themselves a "social worker" if they have been performing duties of social work or have received some education in the social work field. There is nothing in current law that prohibits an employer from hiring “social workers” or classifying positions as “social work” as long as they are not representing themselves or the employee, or the position as a LCSW. As specified in BPC § 4996: “Every individual who styles himself or herself or who holds himself or herself out to be a licensed clinical social worker, or who uses any words or symbols indicating or tending to indicate that he or she is a licensed clinical social worker, without holding his or her license in good standing under this article, is guilty of a misdemeanor. Further, it is unlawful for any person to engage in the practice of clinical social work unless at the time of so doing they hold a valid, unexpired, and unrevoked license under the social work practice act.”

Given that existing law already specifies protections of licensees, this bill aims to clarify that only persons who hold a degree from an accredited school of social work, may represent themselves as a “social worker” and employers can only represent their employees as “social workers” if the employee has obtained a degree in social work from an accredited school of social work.

Some entry-level social work positions only require a bachelor's degree in social work or another related field. Some individuals may find that in order to expand job opportunities a master of social work degree may be necessary.

Title act vs. practice act. There is an important distinction between regulations, which require licensure, and those, which protect a professional title. Statutes regulating professions in California generally fall into two categories: a "practice act," or a "title act." A “practice act" regulates the duties, responsibilities and scope of practice that a licensee can perform upon meeting specific educational, experiential or training requirements. A “title act" simply regulates the use of the title an individual may use in practice. In order to be permitted to use a title, a state may require proof that an individual has a certain level of experience or education relevant to the particular title being regulated. This bill provides title protection for social workers who meet specified educational requirements but are not licensed as LCSWs by the BBS. Professional title protection is intended to assure consumers that the individuals they are working with in social work settings have received the proper training and education or have the qualified work experience to provide social work services.

Other state vary with respect to penalty and enforcement provisions for violating a social work title act. As provided by the Author and sponsor, there are currently 41 states with a title protection for social workers, which this bill seeks to do in California.

States also have varying degrees of requirements and differing classifications and registration programs for social work professionals. Social work licensure varies from state to state.  Each state licensing board determines the different kinds of licenses social workers can earn, what level of degree is required, and the scope of practice. A few examples include California, which issues an Association Clinical Social Worker registration, which includes an individual who has completed the appropriate degree program and is working to obtain the supervised experience in addition to the LCSW. Arizona issues a clinical license, a master’s license, a bachelor level license; Colorado issues a licensed clinical social worker, and a licensed social worker, which requires a master’s degree. Delaware issues a licensed clinical, masters and bachelors social worker. All 50 states require a license in order to practice clinical social work.

Existing law (BPC § 4996) specifies that only an individual who has received a license, under the LCSW act, may hold themselves out as a LCSW. Further, anyone who uses words or symbols indicating that they are licensed without being licensed is guilty of a misdemeanor. Existing law makes it unlawful to for a person to engage in social work without holding a valid and unrevoked license.

Accreditation process for schools. Academic institutions, including various private colleges and some colleges in the California State University and University of California systems, offer accredited degree programs in social work. These social work programs include undergraduate and graduate degrees, which are accredited by CSWE using the Educational Policy and Accreditation Standards. CSWE is a national, nonprofit association representing graduate and undergraduate programs of professional social work education. Founded in 1952, this accrediting body is recognized by the Council for Higher Education Accreditation as the sole accrediting agency for social work education in this country. There are currently 25 accredited schools offering a social work program in California, with four providing a master's program.

Social Workers and Jobs Titles. Social workers are employed in a variety of settings including child welfare and human services agencies, hospitals, healthcare providers, government and schools. In addition, there are wide varieties of employment titles that encompass the term “social worker”.

1. Related Legislation. AB 252 (Yamada and Eggman of 2013) Prohibits an individual from holding himself or herself out professionally as a "social worker" unless he or she has received a degree from an accredited academic institution. (Status: AB 252 was held in the Assembly Appropriations Committee)

AB 671 (Portantino of 2012) would have required county child welfare supervisors hired on or after January 1, 2016 to have a master's degree in social work from an accredited or state-approved graduate school of social work. (Status: AB 671 was held in the Assembly Appropriations Committee)

AB 2753 (Solorio of 2008), would have required that a civil service classification under the State Personnel Board not be designated “social worker” unless it was limited to individuals who possessed a bachelor’s, master’s, or doctorate degree from an accredited school of social work. (Status: AB 2753 was held in the Senate.)

AB 445 (Vargas of 2003), proposed to limit the use of the title "social worker" to individuals who possess a social work degree from an accredited school. The bill received opposition from both the County Welfare Directors Association and the Association of Independent California Colleges and Universities. (Status: AB 445 was held in this committee).

AB 949 (Ducheney of 1997) would have limited the use of the title “social worker” to individuals who possessed a social work degree from a school accredited by CSWE. (Status: AB 949 was held in the Senate.)

1. Arguments in Support. The National Association of Social Workers, California Association of School Social Workers and Lincoln Families write in support and note, “Presently, individuals with non-social work degrees – or sometimes no degree at all – are free to call themselves “social workers.” Employers are also free to use this title for their employees, whether the employee has a degree in social work or not. While we recognize the value of many allied professions, these workers are not necessarily grounded in social work practice, research, or values and ethics as studied in accredited schools of social work. Similarly, when complaints are made against “social workers” to program administrators, policy makers, or media representatives, there is no mechanism to distinguish between those who have earned the degree (and hence the title) from those who have not. It is impossible for the relevant authority to evaluate performance based upon training and education. This is detrimental to the public, the profession, and consumers alike.”

23 Strong writes in support and notes, “We strongly support SB 766 for those vulnerable populations we serve who deserve to be helped by someone with the education and training that reflect what is on their employment badge. Social Workers deserve a professional title because we have been denied a title in California because the CWDA is worried about being restricted in their hiring when nothing in the bill reflects this erroneous fear.”

1. Arguments in Opposition. The County Welfare Directors Association writes in opposition and notes, “First, the bill will make it more difficult for counties to recruit staff to serve the children, adults and families of California. This is due to (1) the current labor market conditions affecting nearly all employment sectors, (2) the particular lack of degreed social work professionals in California and nationwide, due at least in part to the lack of available slots in our schools of social work, and (3) the fact that counties will have to re-classify positions to meet the bill's requirements, a costly and time-consuming task. Second, SB 766 and the concept of “title protection” runs counter to counties’ efforts to build diversity, equity and inclusion by hiring a workforce that has familiarity with our programs and services and represents the communities we serve. County human services agencies have a long-held and continued belief that individuals who may not possess a degree in social work, but who have other education and experience – especially lived experience – can provide excellent social work services. Barring these individuals from calling themselves “social workers” unless they possess a degree in social work – given the cost, time commitment, and lack of available slots in our schools of social work to do so – will make it more difficult for counties to build needed equity across our programs and services and more difficult to recruit a diverse workforce.”

The California Association of Marriage and Family Therapists and the California Association for Licensed Professional Clinical Counselors oppose the bill unless it is amended and state that they “struggle to understand the consumer protection or greater societal good this bill would solve. The term “social worker” does not appear to have caused a direct (or known indirect) public harm or public crisis simply by virtue of the title being used generically. We appreciate the author and sponsor’s ongoing dialogue to try to find a compromise that will not unintentionally harm access to care or further destabilize our behavioral health workforce. We have offered amendments exempting LMFTs and LPCCs from the bill. Our organizations have also presented the author’s office and sponsors with concepts to improve client awareness and transparency, including disclosure of the provider’s credentials.”

1. Policy Issues for Consideration.

Enforcement. This bill currently authorizes the BBS to bring an action for injunction or any appropriate relief for a violation of this bill. Given that the BBS only has record and recourse to address licensees and registrants, is the BBS the appropriate enforcement mechanism? If a person is providing services in a “social work” nature, but are not representing themselves as a LSCW or and ACSW, the BBS may not have any mechanism by wish to discipline a non-licensee or registrant. If an individual is holding oneself out as an LCSW or ACSW without the appropriate license or registration issue by the BBS, current law already provides that an individual may be unlawful or guilty of a misdemeanor. The Author should continue working with BBS and other state agency stakeholders to determine the best means by which to hold individuals accountable who utilize the social worker title without having met the requirements set forth in this bill.

Employment and Job Title Changes-Unintended Consequences. As a result of this bill, some local government entities or private agencies may choose to reclassify their "social worker" job designations in order to attract a wider group of applicants. Because this bill requires individuals who do not possess the specified academic requirements to be classified as something other than a social worker, it could have the unintended consequence of driving employers to drop the "social worker" job title completely rather than maintain two different job classifications for what is essentially the same position. The Author should continue to identify measures that might be further taken to minimize disruption to employee tracks in various settings, including those positions, which are currently filled by other licensed mental health professionals holding a “social worker” category within their employment organization.

SUPPORT AND OPPOSITION:

Support:

National Association of Social Workers, California Chapter

Bay Area Association of Black Social Workers

California Association of School Social Workers
Lincoln Families

Society for Social Work Leaders in Healthcare
23 Strong

One individual

Opposition:

County Welfare Directors Association of California 

California Association of Marriage and Therapists

California Association for Licensed Professional Clinical Counselors

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