A Critique of the Model State Social Work Practice Act

This article reviews the Model State Social Work Practice Act approved by the American Association of State Social Work Boards in 1998. The limitations of the definition of social work practice included in the model statute, inclusion of BSWs and social workers employed by public and nonprofit agencies, the promulgation of dual codes of ethics, and lack of assurance of effective services are discussed. Strategies for political action to benefit consumers, the public, and social workers are provided. Key words: credentialing; legal regulation; licensing; social workers; social work practice In September 1998 the American Association of State Social Work Boards (AASSWB) approved a Model State Social Work Practice Act (1998b). The AASSWB was founded in 1979 as a social work organization dedicated to helping the states work toward legal regulation of social work practice. In the early 1970s NASW issued guidelines for model licensing statutes that served as the only materials available to state groups working to pass social work regulation ("New Policy Statement," 1974; "The 1975 Delegate Assembly Actions," 1975). The twofold purpose of the AASSWB's model is a template for evaluating the social work credentialing statutes and a resource for professional groups advocating for changes in the laws governing social work practice in U.S. jurisdictions. As such, the model practice act defines the next generation of changes in social work practice that includes the regulation of social work in each state. The model act deserves critique and comment by the social work community because it affects the practi ce and the future direction of the profession. The purpose of this article is to raise issues for debate among social workers regarding the issues addressed by the model practice act and the effect of social work credentialing on professional practice. Both the adoption of the revised Code of Ethics by the NASW Delegate Assembly in 1996 and AASSWB's recommendations for regulation of practice serve as evidence that the environment of the social work profession is changing. These changes are highlighted, and recommendations are made with regard to the ways in which social workers must be informed to practice in the next century. Purposes of Professional Credentialing Credentialing is a broad term that applies to the regulation of the practice of a trade or professional group. Registration, licensing, and statutory certification are included and mean forms of statutory regulation established in the laws of states or jurisdictions. Registration involves voluntary compliance by social workers who wish to use a particular title (Borgatta, 1958). A state with registration requirements specifies that a social worker shall meet minimum education and experience requirements and provide the applicable state agency with name, address, and verification. Meeting these minimum standards allows the social worker to use the registered title. Licensing laws are more stringent in that they establish minimum standards for entry into the profession and exclude those who do not qualify from practicing in the profession. Licensing was defined as "the process by which an agency of government grants permission to engage in a given profession or occupation by certifying that those who are licens ed have obtained a minimum degree of competency to ensure that public health, safety and welfare will be reasonably well protected" (U.S. Department of Health, Education and Welfare, 1971, p. 7). A third type of legal regulation is statutory certification, which limits certain areas of professional practice (for example, private practice, substance abuse counseling, and school social work) and the use of the title to individuals meeting the minimum requirements. Statutory certification differs from licensing in that it does not prohibit individuals who are not certified from carrying out particular activities that are associated with the profession that has statutory certification in the state (Saffer, 1950). …