AS Title 8, Chapter 95: Social Workers

Article 1. Board of Social Work Examiners. Chapter 95. Social Workers. Sec. 08.95.010. Creation and membership of the board. (a) There is created the Board of Social Work Examiners composed of five members, as follows: one member licensed under this chapter as a baccalaureate social worker; one member licensed under this chapter as a master social worker; two members licensed under this chapter as clinical social workers; and one public member who has never been licensed under this chapter. At least one of the licensed members must be a person who is not an employee of a federal, state, or local government. (b) Members of the board shall elect a member of the board as chair. The chair serves for a term of one year. Sec. 08.95.020. Board meetings. The board shall hold at least two meetings each year. The board may hold additional meetings at the call of the chair or of a majority of the board members. Sec. 08.95.030. Duties. The board shall (1) issue licenses to qualified applicants; (2) adopt regulations (A) requiring that continuing education requirements be satisfied before a license is renewed; (B) establishing a code of professional ethics that a licensee must observe; (C) establishing standards of practice for social work performed by a licensee; and (D) establishing standards for supervisors and for supervision that is required for licensure under AS 08.95.110 (a); (3) adopt regulations necessary to carry out the duties and purpose of this chapter. Sec. 08.95.040. Continuing education requirement. (a) The board shall adopt continuing education requirements for persons licensed under this chapter. Continuing education requirements that must be satisfied before the first biennial renewal of a person's license must include a minimum of 45 hours of education or training with a minimum of three hours in professional ethics, six hours in substance abuse, and six hours in cross-cultural education that includes issues relating to Alaska Natives. After the first biennial renewal of a license, continuing education requirements for that person's license renewal must include three hours in professional ethics, six hours in substance abuse, and six hours in cross-cultural education, three hours of which must include issues relating to Alaska Natives. (b) The board shall appoint three persons licensed under this chapter to serve as a continuing education committee. The committee shall advise the board on matters related to continuing education for clinical social workers. One person appointed to the committee must be familiar with social problems in the rural areas of the state. Sec. 08.95.050. Disciplinary sanctions. (a) The board may impose a disciplinary sanction under AS 08.01.075 if it finds that a licensee (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or in the course of professional activities; (3) advertised professional services in a false or misleading manner; (4) violated this chapter, a regulation adopted under this chapter, or an order issued by the board; (5) is the subject of a disciplinary sanction or other adverse licensing action in another jurisdiction relating to a social work license; (6) failed to report to the board that the licensee is or was the subject of a disciplinary proceeding or other adverse licensing action in another jurisdiction relating to a social work license; (7) has been convicted of a felony or has been convicted of a misdemeanor that reflects on the licensee's ability to practice competently and professionally; (8) intentionally or negligently engaged in, or permitted persons under the licensee's supervision to engage in, client care that did not conform to minimum professional standards or to the standards of practice adopted by the board regardless of whether actual injury to the client occurred; (9) continued to practice after becoming unfit due to (A) professional incompetence; (B) failure to keep informed of current professional practices; (C) addiction to or severe dependency on alcohol or other drugs that impairs the ability to practice safely; or (D) physical or mental disability; (10) engaged in lewd, immoral, or unethical conduct in connection with the delivery of professional services to clients; or (11) while licensed to practice clinical social work, engaged in sexual contact with a person during the time period that the person was a client or within two years after termination of the licensee's professional relationship with the client. (b) The board may not impose disciplinary sanctions on a licensee for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if (1) the licensee or another licensed health care provider is available to provide follow-up care; (2) the licensee requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the licensee is not the person's primary care provider and, if the person consents, the licensee sends the records to the person's primary care provider; and (3) the licensee meets the requirements established by the board in regulation. (c) The board shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues. Article 2. Licensing. Sec. 08.95.100. License required. (a) A person who practices clinical social work without obtaining a license under this chapter to practice clinical social work is guilty of a class B misdemeanor unless the person is (1) licensed under a provision of this title that is outside this chapter, is practicing within the scope of that license, and is not representing to the public by title or description of service as being engaged in the practice of clinical social work; or (2) practicing clinical social work as a student in a social work program approved by the board. (b) A person is guilty of a class B misdemeanor if the person is not licensed (1) under this chapter and uses the title “social worker” unless the person is exempt from licensure under AS 08.95.911 ; (2) as a clinical social worker under this chapter or has a clinical social worker license that is suspended, revoked, or lapsed, and the person (A) uses in connection with the person's name the words or letters “L.C.S.W.,” “Licensed Clinical Social Worker,” or other letters, words, or insignia indicating or implying that the person is a licensed clinical social worker; or (B) in any way, orally or in writing, directly or by implication, holds out as a licensed clinical social worker; (3) as a master social worker under this chapter or has a master social worker license that is suspended, revoked, or lapsed, and the person (A) uses in connection with the person's name the words or letters “L.M.S.W.,” “Licensed Master Social Worker,” or other letters, words, or insignia indicating or implying that the person is a licensed master social worker; or (B) in any way, orally or in writing, directly or by implication, holds out as being a licensed master social worker; or (4) as a baccalaureate social worker under this chapter or has a baccalaureate social worker license that is suspended, revoked, or lapsed, and the person (A) uses in connection with the person's name the words or letters “L.B.S.W.,” “Licensed Baccalaureate Social Worker,” or other letters, words, or insignia indicating or implying that the person is a licensed baccalaureate social worker; or (B) in any way, orally or in writing, directly or by implication, holds out as being a licensed baccalaureate social worker. (c) [Repealed, § 26 ch 118 SLA 1998.] Sec. 08.95.110. License requirements. (a) The board shall issue a license to practice clinical social work to a person who (1) has received a master's degree or a doctoral degree in social work from a college or university approved by the board; (2) has completed, within the 10 years before application for licensure and under the supervision of a licensed clinical social worker, licensed psychologist, or licensed psychiatrist either (A) a minimum of two years of continuous full-time employment in postgraduate clinical social work; or (B) a minimum of 3,000 hours of less than full-time employment in a period of not less than two years in postgraduate clinical social work; (3) is of good moral character; (4) is in good professional standing and is fit to practice social work as determined by the board; (5) has provided three professional references that are acceptable to the board, including, if the applicant (A) was previously employed to practice social work, one reference from a person who was the applicant's employer while practicing social work unless the applicant demonstrates to the satisfaction of the board that the applicant is unable to satisfy the requirement of this subparagraph through no fault of the applicant; and (B) is currently employed to practice social work, a reference from the applicant's current employer; (6) has satisfactorily completed the examination given by the board for clinical social worker licensing; and (7) has paid required fees. (b) The board shall issue a license authorizing use of the title “master social worker” to a person who (1) satisfies the requirements of (a)(1), (3) — (5), and (7) of this section; and (2) has satisfactorily completed the examination given by the board for master social worker licensing. (c) The board shall issue a license authorizing use of the title “baccalaureate social worker” to a person who (1) satisfies the requirements of (a)(3) — (5) and (7) of this section; (2) has received a bachelor's degree in social work from a college or university approved by the board; and (3) has satisfactorily completed the examination given by the board for baccalaureate social worker licensing. Sec. 08.95.120. Licensing by credentials. (a) The board shall issue a license to practice clinical social work if the applicant (1) holds a current license to practice clinical social work in another jurisdiction that, at the time of original issuance of the license, had requirements for licensure equal to or more stringent than those of this state; (2) is not the subject of an unresolved complaint or disciplinary action before a regulatory authority or a professional social work association; (3) has provided three professional references that are acceptable to the board, including, if the applicant (A) was previously employed to practice social work, one reference from a person who was the applicant's employer while practicing social work unless the applicant demonstrates to the satisfaction of the board that the applicant is unable to satisfy the requirement of this subparagraph through no fault of the applicant; and (B) is currently employed to practice social work, a reference from the applicant's current employer; (4) has not had a license to practice clinical social work revoked, suspended, or surrendered in lieu of disciplinary action in this state or another jurisdiction; (5) has submitted proof of continued competency satisfactory to the board; and (6) has paid required fees. (b) The board shall issue a license to use the title “master social worker” or “baccalaureate social worker,” as applicable, to an applicant who (1) holds a current similar license from another jurisdiction that, at the time of original issuance of the license, had requirements for the license that were equal to or more stringent than those of this state; (2) is not the subject of an unresolved complaint or disciplinary action before a regulatory authority or a professional social work association; (3) has provided three professional references that are acceptable to the board, including, if the applicant (A) was previously employed to practice social work, one reference from a person who was the applicant's employer while practicing social work unless the applicant demonstrates to the satisfaction of the board that the applicant is unable to satisfy the requirement of this subparagraph through no fault of the applicant; and (B) is currently employed to practice social work, a reference from the applicant's current employer; (4) has not had a license to practice social work or to use the title “social worker” revoked, suspended, or surrendered in lieu of disciplinary action in this state or another jurisdiction; (5) has submitted proof of continued competency satisfactory to the board; and (6) has paid required fees. Sec. 08.95.125. Temporary license to practice social work. (a) On receipt of a completed application for a social worker license, a request for a temporary license, and payment of the application fee and temporary license fee determined under AS 08.01.065 (c), the board, a member of the board, or an employee of the department designated by the board may issue a temporary license (1) to use the title “master social worker” to an individual who (A) satisfies the requirements of AS 08.95.110 (a)(1) and (3); or (B) satisfies the requirements of AS 08.95.120 (a)(2) and (4) and provides a photocopy, together with a sworn statement as to the copy's veracity, of the applicant's current license as a master social worker in another jurisdiction; (2) to use the title “baccalaureate social worker” to an individual who (A) satisfies the requirements of AS 08.95.110 (a)(3) and (c)(2); or (B) satisfies the requirements of AS 08.95.120 (a)(2) and (4) and provides a photocopy, together with a sworn statement as to the copy's veracity, of the applicant's current license as a baccalaureate social worker in another jurisdiction. (b) A temporary license provided to an applicant under (a)(1)(A) or (a)(2)(A) of this section is valid for one year and is valid notwithstanding the applicant's failure to satisfactorily complete the examination required under AS 08.95.110 (a)(6) during the period that the license is valid. (c) A temporary license issued under (a)(1)(B) or (a)(2)(B) of this section is valid for one year. (d) An individual's temporary license becomes invalid, notwithstanding (b) and (c) of this section, if the individual's application for a permanent license under AS 08.95.110 or 08.95.120 is rejected by the board. The temporary license becomes invalid on the date of board action rejecting the license application. (e) The board (1) may impose by regulation additional limitations that it determines appropriate on a temporary license issued under this section; (2) may not, under this section, issue more than one temporary license to an applicant; (3) may not renew a temporary license. Sec. 08.95.130. Display of license. A person licensed under this chapter shall display the license in a conspicuous place where the licensee practices. Article 3. General Provisions. Sec. 08.95.900. Confidentiality of communication. (a) A licensed social worker, and the social worker's employees or other persons who have access to the social worker's records, may not reveal to another person a communication made to the licensee by a client about a matter concerning which the client has employed the licensee in a professional capacity. This section does not apply to (1) a case conference with other licensed social workers or with other licensed practitioners of the healing arts; (2) the release of information which the client in writing authorized the licensee to reveal; (3) information released to the board as part of a disciplinary or other proceeding by the board; (4) information revealed as part of the discovery of evidence related to a court proceeding or introduced in evidence in a court proceeding; (5) communications relevant to the physical, mental, or emotional condition of the client in a proceeding in which the condition of the client is an element of the claim or defense of the client, of a party claiming through or under the client, or of a person raising the client's condition as an element of the person's own case, or of a person claiming as a beneficiary of the client through a contract to which the client is or was a party; or, after the client's death, in a proceeding in which a party puts the condition of the client in issue; (6) a communication to a potential victim or to law enforcement officers where a threat of imminent serious physical harm to an identified victim has been made by a client; or (7) a communication that indicates that another licensed practitioner of the healing arts has committed an act of unprofessional or unlawful conduct in the provision of health or mental health services if the communication is disclosed by the social worker only to the licensing board with jurisdiction over the type of person who allegedly committed the unprofessional or unlawful conduct and the disclosure is made in good faith. (b) Notwithstanding (a) of this section, a licensed social worker shall report incidents of child abuse or neglect as required by AS 47.17.020 and incidents of harm to vulnerable adults as required by AS 47.24.010 . (c) Information obtained by the board under (a)(3) and (7) of this section is confidential and is not a public record for the purposes of AS 40.25.110 — 40.25.140. Sec. 08.95.905. Immunity relating to certain reports. A person licensed under this chapter who, in good faith and without malice, discloses to the appropriate licensing board that another licensed practitioner of the healing arts has allegedly committed an act of unprofessional or unlawful conduct in the provision of health or mental health services is immune from civil liability arising out of the disclosure. Sec. 08.95.910. Exemptions. [Repealed, § 27 ch 118 SLA 1998.] Sec. 08.95.911. Exemption. (a) Notwithstanding AS 08.95.100 (b)(1), a person who, on June 30, 2001, was employed or providing services under the title “social worker” may, without obtaining a license under this chapter, continue to use the title “social worker” while the person is employed by the same employer or, if self-employed, while providing the same scope of services, as on June 30, 2001. (b) The exemption under (a) of this section does not authorize use of the title “social worker” outside the context of the person's employment or self-employment, as applicable. (c) For purposes of this section, a person who is employed by (1) the federal government is not considered to have changed employers if the person begins employment with a different agency of the federal government; (2) the state is not considered to have changed employers if the person begins employment with a different agency of the state; (3) a municipality is not considered to have changed employers if the person begins employment with a different agency of the municipality. Sec. 08.95.920. Unified occupation. [Repealed, § 9 ch 36 SLA 2005.] Sec. 08.95.990. Definitions. In this chapter, (1) “board” means the Board of Social Work Examiners; (2) “clinical social work” means the diagnosis of psychiatric disorders and the use of techniques of applied psychotherapy of a nonmedical nature while practicing social work; (3) “clinical social worker” means a person who practices clinical social work; (4) “department” means the Department of Commerce, Community, and Economic Development; (5) “practitioner of the healing arts” has the meaning given in AS 47.17.290 ; (6) “social work” means a service in which a special knowledge of social resources, human capabilities, and the part that unconscious motivation plays in determining behavior is directed, through the application of social work principles and methods, at helping individuals to achieve more adequate, satisfying, and productive social adjustments; (7) “social work principles and methods” include counseling of a nonmedical nature to assist in the treatment of mental and emotional conditions of individuals, families, and groups; providing information and referral services; providing or arranging for the provision of social services; explaining and interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, provide, or improve social and health services; and doing research related to social work.