Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H208 Compare Versions

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22 HOUSE DOCKET, NO. 3733 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 208
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 James J. O'Day
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to ensure parity in social work licensure.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:James J. O'Day14th Worcester1/20/2023Daniel M. Donahue16th Worcester1/25/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Smitty Pignatelli3rd Berkshire1/25/2023Steven Ultrino33rd Middlesex1/25/2023Susannah M. Whipps2nd Franklin1/25/2023Steven Owens29th Middlesex1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023David Paul Linsky5th Middlesex1/26/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/26/2023Josh S. Cutler6th Plymouth1/26/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Michael D. BradySecond Plymouth and Norfolk1/26/2023Adrianne Pusateri Ramos14th Essex1/26/2023James K. Hawkins2nd Bristol1/30/2023Brian W. Murray10th Worcester1/30/2023Margaret R. Scarsdale1st Middlesex1/30/2023Jason M. LewisFifth Middlesex2/1/2023 2 of 2
1616 Erika Uyterhoeven27th Middlesex2/1/2023Jon Santiago9th Suffolk2/7/2023Mary S. Keefe15th Worcester2/7/2023Frank A. Moran17th Essex2/8/2023James C. Arena-DeRosa8th Middlesex2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023Natalie M. Higgins4th Worcester2/9/2023Carmine Lawrence Gentile13th Middlesex2/9/2023Edward R. Philips8th Norfolk2/9/2023James B. EldridgeMiddlesex and Worcester2/13/2023Adrian C. Madaro1st Suffolk2/14/2023David Allen Robertson19th Middlesex2/15/2023Daniel Cahill10th Essex2/22/2023Rodney M. Elliott16th Middlesex2/22/2023Christopher Richard Flanagan1st Barnstable2/28/2023Christopher J. Worrell5th Suffolk3/13/2023Michael P. Kushmerek3rd Worcester3/13/2023 1 of 5
1717 HOUSE DOCKET, NO. 3733 FILED ON: 1/20/2023
1818 HOUSE . . . . . . . . . . . . . . . No. 208
1919 By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 208) of
2020 James J. O'Day and others relative to social work licensure and establishing a special
2121 commission (including members of the General Court) relative to the creation of a new
2222 certification for child welfare workers at the Department of Children and Families. Children,
2323 Families and Persons with Disabilities.
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act to ensure parity in social work licensure.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1. Section 131 of chapter 112 of the General Laws, as appearing in the 2020
3333 2Official Edition, is hereby amended by striking out, in the first paragraph, the following:- “has
3434 3passed an examination prepared by the board for this purpose; and”.
3535 4 SECTION 2. Said Section 131 of Chapter 112, as so appearing, is further amended by
3636 5striking out, in the second paragraph, the words “he has passed an examination prepared by the
3737 6board for this purpose; and will conduct his”, and inserting in place thereof the following: “they
3838 7will conduct their”.
3939 8 SECTION 3. Said Section 131 of Chapter 112, as so appearing, is further amended by
4040 9striking out the third paragraph in its entirety. 2 of 5
4141 10 SECTION 4. Said Section 131 of chapter 112 of the General Laws, as so appearing, is
4242 11hereby amended by striking out, in the fourth paragraph, the words “he has passed an
4343 12examination prepared by the board for this purpose; and will conduct his” and inserting in place
4444 13thereof the following: “they will conduct their”.
4545 14 SECTION 5. Said section 131 of Chapter 112, as so appearing, is further amended by
4646 15striking out the fifth paragraph in its entirety.
4747 16 SECTION 6. Said section 131 of Chapter 112, as so appearing, is hereby amended by
4848 17striking out, in the sixth paragraph, the words “and has passed a specialty examination in clinical
4949 18social work prepared by the board for this purpose”.
5050 19 SECTION 7. Section 132 of chapter 112 of the General Laws, as appearing in the 2018
5151 20Official edition, is hereby amended by striking out, in the first paragraph, the words “licensed
5252 21certified social workers, including those in independent clinical practice, licensed social workers
5353 22and”.
5454 23 SECTION 8. Chapter 112, as appearing in the 2018 Official Edition, is hereby amended
5555 24by inserting after section 132 the following new section:-
5656 25 Section 132A: (a) A provisional license shall be granted to those applicants who have
5757 26taken the examination for a social work associate no less than two times and failed within 15
5858 27points. The provisional license shall be valid for a maximum of one year. The licensee shall
5959 28complete professional development, supervisory and educational requirements within no less
6060 29than one year. Upon completion of the provisional license requirements the licensee shall be
6161 30exempt from the testing requirement within section 132 and granted a full license. 3 of 5
6262 31 (b) A licensee operating with a provisional license shall maintain a professional portfolio
6363 32that shall include the following:
6464 33 i. Affidavits of understanding regarding the provisional licensing process and
6565 34requirements;
6666 35 ii. Eleven separate 3-5 page typed, double spaced papers, each one covering a separate,
6767 36specific core content area of social work practice;
6868 37 iii. A daily journal of the probationary licensee’s activities and supervision for the
6969 38probationary period;
7070 39 iv. A 7-10 page typed, double spaced case analysis covering the probationary licensee’s
7171 40work with a typical client during the probationary period;
7272 41 v. A 3-5 page typed, double spaced self-evaluation completed by the probationary
7373 42licensee which includes an analysis of the licensee’s professional knowledge, skills and abilities;
7474 43 vi. Quarterly evaluations completed and submitted to the board by the supervisor
7575 44regarding the probationary licensee’s development;
7676 45 vii. An evaluation of the supervisor’s supervision skills completed by the probationary
7777 46licensee;
7878 47 viii. A notarized affidavit from the supervisor attesting to the readiness of the
7979 48probationary licensee’s ability to perform as a professional social worker based on the
8080 49knowledge, skills and abilities observed during the supervision period. 4 of 5
8181 50 SECTION 9. There shall be established a special legislative commission, hereinafter the
8282 51commission, to investigate the creation of a new certification for child welfare workers at the
8383 52department of children and families. The commission shall consist of the house and senate chairs
8484 53of the joint committee on children, families, and persons with disabilities, or their designees, who
8585 54shall serve as co-chairs; the child advocate, or a designee; the commissioner of the department of
8686 55children and families, or their designee; two current workers employed by the the department of
8787 56children and families and appointed by SEIU Local 509 who have served at the department for
8888 57over five years; two representatives of child or family welfare organizations from communities
8989 58which are disproportionately involved with the department of children and families, appointed by
9090 59the co-chairs; and two individuals previously personally involved with the department of
9191 60children and families, appointed by the co-chairs. All appointments shall be made not later than
9292 6160 days after the effective date of this act. The commission shall convene its first meeting not
9393 62more than 90 days from the effective date of this act.
9494 63 The commission shall examine the feasibility and make recommendations regarding the
9595 64creation of a new certification for child welfare workers at the department of children and
9696 65families, including, without limitation: 1) whether social work licensure, as outlined in section
9797 66121 of Chapter 112 of the general laws, is the only appropriate qualification to be a child welfare
9898 67professional employed by the department of children and families; 2) explore the possibility of a
9999 68new certification or form of licensure to be made available in addition to social work licensure,
100100 69with training and education requirements specific to child protection and the work of the
101101 70department of children and families; 3) consider what would qualify an individual for this new
102102 71certification, recognizing that standardized tests are inherently biased and do not effectively
103103 72evaluate a person’s ability to provide services to children and families; 4) ensure that the 5 of 5
104104 73recommended criteria for child welfare certification not serve as a barrier to certification for
105105 74members of communities disproportionately involved with the department of children and
106106 75families, and ensures parity for workforce access regardless of primary language, cultural
107107 76background, or race.
108108 77 The Commission shall, no later than fifteen months from the effective date of this act,
109109 78report to the general court on the results of its investigation and study together with its finding,
110110 79by filing the same with the clerks of the house of representatives and senate who shall forward
111111 80the same to the secretary of the executive office of health and human services, the house and
112112 81senate committees on ways and means, the joint committee on children, families, and persons
113113 82with disabilities, and the joint committee on consumer protection and professional licensure.