Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H208 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 3733       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 208
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
James J. O'Day
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to ensure parity in social work licensure.
_______________
PETITION OF:
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
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
HOUSE DOCKET, NO. 3733       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 208
By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 208) of 
James J. O'Day and others relative to social work licensure and establishing a special 
commission (including members of the General Court) relative to the creation of a new 
certification for child welfare workers at the Department of Children and Families. Children, 
Families and Persons with Disabilities.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to ensure parity in social work licensure.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 131 of chapter 112 of the General Laws, as appearing in the 2020 
2Official Edition, is hereby amended by striking out, in the first paragraph, the following:- “has 
3passed an examination prepared by the board for this purpose; and”.
4 SECTION 2. Said Section 131 of Chapter 112, as so appearing, is further amended by 
5striking out, in the second paragraph, the words “he has passed an examination prepared by the 
6board for this purpose; and will conduct his”, and inserting in place thereof the following: “they 
7will conduct their”.
8 SECTION 3. Said Section 131 of Chapter 112, as so appearing, is further amended by 
9striking out the third paragraph in its entirety. 2 of 5
10 SECTION 4. Said Section 131 of chapter 112 of the General Laws, as so appearing, is 
11hereby amended by striking out, in the fourth paragraph, the words “he has passed an 
12examination prepared by the board for this purpose; and will conduct his” and inserting in place 
13thereof the following: “they will conduct their”.
14 SECTION 5. Said section 131 of Chapter 112, as so appearing, is further amended by 
15striking out the fifth paragraph in its entirety.
16 SECTION 6. Said section 131 of Chapter 112, as so appearing, is hereby amended by 
17striking out, in the sixth paragraph, the words “and has passed a specialty examination in clinical 
18social work prepared by the board for this purpose”.
19 SECTION 7. Section 132 of chapter 112 of the General Laws, as appearing in the 2018 
20Official edition, is hereby amended by striking out, in the first paragraph, the words “licensed 
21certified social workers, including those in independent clinical practice, licensed social workers 
22and”.
23 SECTION 8. Chapter 112, as appearing in the 2018 Official Edition, is hereby amended 
24by inserting after section 132 the following new section:-
25 Section 132A: (a) A provisional license shall be granted to those applicants who have 
26taken the examination for a social work associate no less than two times and failed within 15 
27points. The provisional license shall be valid for a maximum of one year. The licensee shall 
28complete professional development, supervisory and educational requirements within no less 
29than one year. Upon completion of the provisional license requirements the licensee shall be 
30exempt from the testing requirement within section 132 and granted a full license. 3 of 5
31 (b) A licensee operating with a provisional license shall maintain a professional portfolio 
32that shall include the following:
33 i. Affidavits of understanding regarding the provisional licensing process and 
34requirements;
35 ii. Eleven separate 3-5 page typed, double spaced papers, each one covering a separate, 
36specific core content area of social work practice;
37 iii. A daily journal of the probationary licensee’s activities and supervision for the 
38probationary period;
39 iv. A 7-10 page typed, double spaced case analysis covering the probationary licensee’s 
40work with a typical client during the probationary period;
41 v. A 3-5 page typed, double spaced self-evaluation completed by the probationary 
42licensee which includes an analysis of the licensee’s professional knowledge, skills and abilities;
43 vi. Quarterly evaluations completed and submitted to the board by the supervisor 
44regarding the probationary licensee’s development;
45 vii. An evaluation of the supervisor’s supervision skills completed by the probationary 
46licensee;
47 viii. A notarized affidavit from the supervisor attesting to the readiness of the 
48probationary licensee’s ability to perform as a professional social worker based on the 
49knowledge, skills and abilities observed during the supervision period. 4 of 5
50 SECTION 9. There shall be established a special legislative commission, hereinafter the 
51commission, to investigate the creation of a new certification for child welfare workers at the 
52department of children and families. The commission shall consist of the house and senate chairs 
53of the joint committee on children, families, and persons with disabilities, or their designees, who 
54shall serve as co-chairs; the child advocate, or a designee; the commissioner of the department of 
55children and families, or their designee; two current workers employed by the the department of 
56children and families and appointed by SEIU Local 509 who have served at the department for 
57over five years; two representatives of child or family welfare organizations from communities 
58which are disproportionately involved with the department of children and families, appointed by 
59the co-chairs; and two individuals previously personally involved with the department of 
60children and families, appointed by the co-chairs. All 	appointments shall be made not later than 
6160 days after the effective date of this act. The commission shall convene its first meeting not 
62more than 90 days from the effective date of this act.
63 The commission shall examine the feasibility and make recommendations regarding the 
64creation of a new certification for child welfare workers at the department of children and 
65families, including, without limitation: 1) whether social work licensure, as outlined in section 
66121 of Chapter 112 of the general laws, is the only appropriate qualification to be a child welfare 
67professional employed by the department of children and families; 2) explore the possibility of a 
68new certification or form of licensure to be made available in addition to social work licensure, 
69with training and education requirements specific to child protection and the work of the 
70department of children and families; 3) consider what would qualify an individual for this new 
71certification, recognizing that standardized tests are inherently biased and do not effectively 
72evaluate a person’s ability to provide services to children and families; 4) ensure that the  5 of 5
73recommended criteria for child welfare certification not serve as a barrier to certification for 
74members of communities disproportionately involved with the department of children and 
75families, and ensures parity for workforce access regardless of primary language, cultural 
76background, or race.
77 The Commission shall, no later than fifteen months from the effective date of this act, 
78report to the general court on the results of its investigation and study together with its finding, 
79by filing the same with the clerks of the house of representatives and senate who shall forward 
80the same to the secretary of the executive office of health and human services, the house and 
81senate committees on ways and means, the joint committee on children, families, and persons 
82with disabilities, and the joint committee on consumer protection and professional licensure.