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An Electronic Newsletter for the NASW Washington State Chapter

Index Election Results ................................1-2 Mental Health Parity Issues……………3 LDF: Defending NASW Members ..4-10 Legislative Report …......................10-13 Upcoming Workshops …………….13-14 LDF’s Third Prong in its Mission….15-19 Online CE Institute ……..………....19-20 Lobby Day 2013 ……………………....20

Congratulations to all of the newly elected people on the Board of Directors! We truly appreciate all of your hard work and dedication to the profession of Social Work. 2012 Election Results The 2012 Nominations Leadership Identification Committee (NLIC) met several times from August 2011 to March 2012. The NLIC’s charge was to identify candidates for state wide positions on the Washington Chapter Board of Directors, region positions on NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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the Board of Directors, and other region positions. In all, the NLIC had fifteen (15) positions to identify candidates. . The 2012 election ended on June 9, 2012. The 2012 election ballots were mailed in late April 2012 and all ballots had to be postmarked by June 9, 2012, to be counted. The ballots were counted on Thursday, June 14, 2012, to allow time for any ballots mailed and postmarked on June 9, 2012, to reach the office. The ballots were counted by the chair of the NLIC Taylene Watson and Executive Director Hoyt Suppes. The following is the result of the election:

Position

Winner

State Races President Elect

Jonathan Beard

Secretary

Brigitte Folz

V.P. Communications

Phyllis Duncan Souza

V.P. Diversity

Lou Ann Carter

B.S.W. Student

Lauren Cutright

M.S.W. Student

Jamie Weber

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An Electronic Newsletter for the NASW Washington State Chapter

The results of the 2012 election are hereby submitted to the Board of Directors for certification.

Region Positions Winner Blue Mt. Region Rep.

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Oliver von Birkenwaldau

Columbia River Region Rep.

No Candidate Identified

Columbia River Region NLIC

No Candidate Identified

Inland Empire Region NLIC

No Candidate Identified

Mt. Rainier Region Rep.

No Candidate Identified

Mt. Rainier Region NLIC

No Candidate Identified

South Puget Sound Region Rep.

No Candidate Identified

South Puget Sound Region NLIC

No Candidate Identified

Suburban King County Region Rep.

No Candidate Identified

Suburban King County Region NLIC

No Candidate Identified

Delegate Assembly Positions

Winner

In fiscal year 2013, the NLIC will have approximately the same number of positions to fill. The NLIC has only three members out of a ten member committee. The NLIC needs representatives from the following regions: Blue Mt. Region, Central Washington Region, Columbia River Region, Inland Empire Region, Mt. Rainer Region, North Puget Sound Region, and South Puget Sound Region. The NLIC requests assistance from the Board of Director region representatives to identify members in these regions to serve on the NLIC in FY 2013.

Beda Herbison Jennifer Stucker

NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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An Electronic Newsletter for the NASW Washington State Chapter

Mental Health Parity Issues The NASW Washington State Chapter has been participating with other professional mental health associations to identify the issues faced by practitioners in the delivery of mental health services. The organization created from the collaboration of the various mental health associations is the Washington Association for Mental Health Treatment Protection (WAMHTP). The Washington Association for Mental Health Treatment Protection (WAMHTP) was created in August of 2011 to address the problem of how mental health treatment in Washington is being unfairly limited by insurers, in spite of our excellent state mental health parity laws. The mission of WAMHTP is to develop a coherent approach to insurance reimbursement of mental health treatment which preserves clinical judgment as the driver for clinical decisions. The NASW Washington State Chapter representative to the WAMHTP is Joan Golston, DCSW, LICSW. Joan is a therapist, supervisor, and forensic and clinical consultant in private practice in Seattle. Joan has served as the chair of NASW Washington State Chapter Ethics committee.

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in Seattle and serves as the legislative chair of the Washington State Society of Clinical Social Work. The WAMHTP is working to identify and resolve the issues faced by mental health practitioners they are encounter from insurance providers in the delivery of services to their clients. Some of the activities the task force is working on are: - Refusal by insurance providers to cover all DSM-IV diagnoses - Restrictions by insurance providers on frequency/length of treatment not at parity with medical treatment - Use of Milliman Guidelines to determine mental health treatment - Collecting information on denied client appeals for treatment The collaborative work of this group will continue over the next months and likely years. The goal of the group is to be sure the needed services to clients are available without restrictions.

The chair of the WAMHTP is Laura Groshong. Laura is a LICSW practicing NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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An Electronic Newsletter for the NASW Washington State Chapter

LDF: Defending NASW Members for 40 Years

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outcomes can change the course of history for one individual or a whole society.

Introduction In recognition of the 40th anniversary of the NASW Legal Defense Fund (LDF), this is the second in a series of three articles on the history of the NASW Legal Defense Fund (see, Morgan, S. and Polowy, C., 2012, for first article). Unlike other forms of advocacy where the power of public opinion is paramount, litigation is a forum where the power of one individual or group can have tremendous influence on the course of future events or the development of public policy. One social worker who challenges a discriminatory practice or who stands up to protect a client’s rights or vulnerable child and remains committed to pursuing the available legal remedies may become the vehicle for setting a legal precedent affecting the rights of other social workers or clients who face similar situations. For forty years, the Legal Defense Fund has provided NASW member social workers with financial and legal resources and peer support to move forward and make a strong case for their professional rights and ethical standards. While litigation can be uncertain, time consuming and emotionally demanding, successful NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

This article will review the financial assistance that LDF has authorized for legal expenses incurred by NASW members and chapters in their efforts to promote social work practice that meets appropriate ethical, legal and professional standards and protects the client groups served by social workers. Background NASW’s Legal Defense Fund was created as a trust by the NASW Board of Directors in September 1972 with one of its core purposes to provide assistance to NASW members who were facing daunting legal battles as a result of their practice of social work. The groundwork for the LDF was laid when NASW’s Division of Social Policy and Action drafted a proposal for an NASW Legal Defense Fund which was approved by the Board of Directors in December 1970 and by the 1971 NASW Delegate Assembly. The initial five appointed trustees were Joseph P. Maldonado, Anne L. Minahan, Alan D. Wade, Charles H. King, and Lyndon A. Wade. The LDF’s foundational trust agreement articulates an understanding of how social workers’ commitment to working with marginalized groups, their opposition to inequality and their

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adherence to professional standards could cause them to face opposition that landed them in the courts: “Whereas, the task of serving the poor, the dispossessed, members of minority groups, dissenters, those who have been in prison, and related groups has generally been unpopular and has often made social workers the objects of public hostility….” “Whereas, the exercise by social workers of their professional responsibility for analyzing individual and social problems, interpreting the nature of those problems, determining the scientific methods of handling those problems, and actively working for changes in society which would produce maximum social services to meet common human needs, has and does precipitate hostility towards social workers….” In order to build a trust fund that could be used for member support, LDF monies were initially solicited through member mailings and NASW NEWS advertisements, resulting in average donations of $20. Members were eager to provide direct support to social workers’ legal challenges. Before long, the LDF funding option was incorporated into the NASW member renewal form at a suggested level of $2, which was raised to $5 in 1996. The NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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funds raised through member donations have aided over 140 individual NASW members with monetary grants to assist in the payment of members’ legal fees, in addition to funding amicus briefs and educational projects. During its first 20 years of operation the LDF awarded funds to defray the cost of legal fees to 55 members for a total of $75,000. From fiscal year 1992-1993 through fiscal year 2010-2011, the LDF awarded a total of $287,327 in response to 79 applications. The range of support has been from $200 to more than $10,000 in some cases, depending on the need and the significance of the legal issues and likelihood of establishing a beneficial court precedent. The most typical LDF financial assistance awards have been in the range of $3,000 $5,000. Highlights of LDF Member Support over the Years

Case

As the snapshots of LDF-supported cases summarized below illustrate, social workers’ adherence to the tenets of the profession may create conflicts with employers, regulatory boards, health care insurers, oversight agencies and other entities. Social workers’ advocacy in the workplace may make them targets of retaliation or their staunch protection of clients’ rights may make them vulnerable to those who oppose the clients’ interests. As an

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An Electronic Newsletter for the NASW Washington State Chapter

example, in just one year (1995), LDF supported cases addressing protection of social worker whistleblowers, advocacy for social workers who were terminated from employment for reporting suspected child abuse, assistance in pursuing sexual harassment claims against a former employer, and pay disparity in social workers’ job classification. The issues that have been brought to LDF over the years by members for financial assistance include: Opposing Race Discrimination

and

Sex

The earliest requests from members for financial assistance with legal expenses were based on the discharge of social workers from public agencies related to their race and/or sex. For example, in 1973 the African American social work program director in a Philadelphia prison was fired by Mayor Rizzo after two wardens were fatally stabbed in the facility which was grossly overcrowded. Guards’ prejudice against rehabilitation for prisoners was evident when they were quoted as blaming the “social programs” for causing security lapses (NASW NEWS, Oct. 1973). In 1975, an LDF-supported applicant won a sex bias ruling against Brown University which addressed unequal pay for equal work by a female social worker NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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performing the same duties as male psychiatrists and psychologists who were paid twice her salary (NASW NEWS, June 1975). The same year, the LDF awarded $1,000 to a group of New York hospital social workers who were protesting hiring practices that violated professional standards and threatened the continuity and quality of patient services (NASW NEWS, Sep. 1975). In a North Carolina case, William G. Mayfield’s allegations of racial discrimination within the NC Dept. of Human Resources, Division of Mental Health Services, eventually led to the resignation of the supervisors named in the complaint who were division and regional directors. The legal settlement included merit pay and other items (NASW NEWS, Oct. 1977). Disability Rights In awarding a Massachusetts social worker $2,500 for her legal fees in 1987, the LDF Board recognized her activities as an advocate for mental health programs within the deaf community. She sued her employers for denying consistent access to TTY and TDD devices and sign-language interpreters, tools necessary for her to do her job effectively (NASW NEWS, June 1987). At the time, that was one of the largest awards given by the LDF and it also

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An Electronic Newsletter for the NASW Washington State Chapter

granted $3,000 later that year to New York City school social workers for a class-action lawsuit to protest the backlog of 28,000 special education assessments and the deprofessionalization of case management and student evaluation services (NASW NEWS, October, 1987). Managed Care Advocacy The late 1980s and the 1990s saw the emergence of managed care as a dominant method of providing health care services. The LDF provided financial support of $15,000 in 1997 to back a class-action lawsuit that challenged decreases in social worker reimbursement rates by the nine leading managed behavioral health care organizations, alleging anti-trust violations (Stephens v. CMG). This eventually resulted in a settlement wherein the managed care organizations agreed to cease certain business practices that mental health practitioners deemed unfair and to institute new provider policies and procedures. The LDF staff contributed to the settlement discussions which outlined changes in managed care procedures that remained in place for a number of years. Professional Standards

NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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Among the most notable cases receiving LDF financial assistance was that involving Karen Beyer, an Illinois clinical social worker whose client sought court recognition of social worker – client privilege to shield the client’s therapy records from involuntary disclosure in a civil lawsuit against him. The LDF filed an amicus curiae brief in the case, Jaffee v. Redmond, that united the social work professional organizations in support of social worker-client confidentiality rights and resulted in a significant victory in the U.S. Supreme Court. The Court’s opinion, which quoted or referenced NASW’s brief in several places, recognized that the communications between licensed social workers and their clients were confidential and protected in the federal courts as privileged communications under the Federal Rules of Evidence. Thus, in 1996 with the financial assistance and support of the NASW Legal Defense Fund, a valuable precedent setting decision was issued in Jaffee v. Redmond protecting a core value of the social work profession. That decision still stands and has been incorporated into numerous subsequent federal and state court opinions. In another case addressing social work professional standards, a social worker received assistance from LDF in the amount of $6,000 in 1997. LDF

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An Electronic Newsletter for the NASW Washington State Chapter

supported her lawsuit against a former employer who subjected her to discipline for providing clients with a range of treatment referral options, consistent with ethical standards, rather than following the agency rule to use only a “preferred list” of home care providers. In 2006, a social worker in Illinois obtained reimbursement for legal fees of $2,391 for his legal actions protecting his refusal to divulge the confidential therapy records of a child client to the abusive mother and successfully blocking her attempt to have him held in contempt of court. A number of other member requests have been supported by LDF in cases involving social workers who were forced to hire legal counsel to block an improper subpoena for client’s confidential treatment information. Licensure Boards From time to time LDF has funded cases that address licensure board regulations or decisions that are procedurally flawed or that fail to adequately support the professional values of social work. LDF awarded three grants totaling $12,000 to support a member’s legal challenge of an Alaska social work board disciplinary matter wherein the board sought to fund its operations from the fees collected from penalized licensees, thus creating a NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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potential conflict of interest in the investigation and resolution of allegations of misconduct. LDF supported the 2009 and 2010 requests of an Iowa social worker who was denied the right to sit for the clinical licensure exam based on her failure to meet the Board’s interpretation of the DSM-diagnosis experience requirements contained in a vaguelyworded licensing law. The social worker practiced in a specialized school setting for students with autism. The Iowa Chapter of NASW strongly supported her appeal of the licensure board’s action which eventually led to a clarifying amendment in the regulatory language to the benefit of future applicants for the Iowa clinical social work license. Assistance totaling $6,500 was approved for the social workers’ persistence in challenging the board to apply a fair and transparent process for reviewing applicants’ clinical experience. In a 2011 case, a Virginia social worker incurred steep legal fees to defend a licensure board complaint initiated by a disgruntled father whom the social worker had reported for child abuse and who was engaged in an ongoing custody dispute. The licensure board’s handling of retaliatory complaints against the social worker for following her legal reporting obligation raised

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An Electronic Newsletter for the NASW Washington State Chapter

serious concerns for the LDF trustees, such that they approved $5,000 in assistance. NASW Chapters from time to time have also gained LDF support, commonly related to licensure board or legal reform activities. A recent example is Kansas, where the state chapter received financial assistance to address a new licensing law for addictions treatment that would potentially limit the scope of practice for licensed clinical social workers who were already authorized to diagnose and treat disorders contained within the DSM-IV, including alcohol and substance use disorders. In Montana the state chapter received assistance to hire an attorney in an effort to invalidate a regulatory change that would dilute the clinical social work supervision standards for social workers working towards licensure. “$40 for the 40th” Campaign Cases supported by the NASW LDF have enhanced the professional reputation and standing of social workers in courts and administrative agencies across the nation time and time again. NASW members who have remained steadfast in pursuing legal claims and defenses have been aided by Legal Defense Fund resources for the past forty years. This is an NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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enduring legacy of mutual support as member contributions form the bedrock of the financial assistance LDF is able to offer. The continued viability of the LDF program of offering financial assistance to NASW members to defray their legal expenses in professionally related cases is dependent on member backing for this work. To continue the effective legal support and advocacy on behalf of social workers who face legal reprisals when they advocate for fair treatment, professional recognition and equal consideration of the needs of vulnerable clients, LDF is initiating the “$40 for the 40th” fundraising campaign, asking members to donate $40 in 2012 in recognition of the LDF’s 40th anniversary year. Donations may be made by calling NASW Member Services (800-742-4089) or by clicking here. Related Articles Morgan, S. and Polowy, P. (2012). LDF: Forty years of legal advocacy for social work. National Association of Social Workers, Legal Defense Fund, Legal Issue of the Month [Online]. Available at http://socialworkers.org/ldf/legal_issue/2012/022012.asp The information contained in this Web site is provided as a service to members and the social work community for educational and information purposes only and does not constitute legal advice. We provide timely information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this Web site and its associated sites. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between NASW, LDF, or the author(s) and you. NASW members and online readers should not act based on

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An Electronic Newsletter for the NASW Washington State Chapter the information provided in the LDF Web site. Laws and court interpretations change frequently. Legal advice must be tailored to the specific facts and circumstances of a particular case. Nothing reported herein should be used as a substitute for the advice of competent counsel. The views and opinions expressed in this article are those of the author and do not necessarily represent the views and opinions of NASW Washington State Chapter. This article is reprinted with the permission of the author, NASW National.

2012 Legislative Report Prepared for NASW – WA Chapter The WA Legislature adjourned shortly before breakfast on the morning of April 11th, the 108th legislative day since they first convened in a special session to address a looming budget shortfall on the Monday following Thanksgiving. And while initial projections included potentially devastating cuts to community and social service programs, the end result was relatively shallow reductions in such spending. In total, lawmakers spent 17 days in special session in November and December of last year, 60 days in regular “short” session, another 30 days in “special” session, plus just shy of 8 hours the morning of April 11 in a second “special” session for 2012 to wrap up business. (A biennial “long” session is 105 days.) A significant upward revision in anticipated revenues lessened the crisis. And after accusations of NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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“accounting tricks” (one side proposing to postpone the June, 2013, payment of $330 million to local school districts and the other proposing to skip a $133 million payment to the state’s most under-funded pension plans) a $238 million change in how local sales taxes are carried on the state’s books helped balance the ledger. There were approximately $300 million in cuts as well. Lawmakers also ended a business and occupation tax exemption for big bank earnings from 1st mortgage interest ($14 million) and put taxes for roll-your-own cigarettes on par with manufactured cigarettes ($12 million). Disability Lifeline – both the Medical Care Services (MCS) and the Housing & Essential Needs (HENS) components – were fully preserved. Budget writers did capture a $5 million under-expenditure in the program, but it will not affect services going forward. Mental Health expenditures are cut very little, with no reductions to the Regional Support Networks (RSN’s). Alcohol and Drug Addiction Treatment and Support Act (ADATSA) funding also saw funding reduced relatively little -- $2.1m for residential and sheltered services generally, as opposed to the original proposal to completely close the Pioneer East treatment center.

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An Electronic Newsletter for the NASW Washington State Chapter

Funding for the State Food Assistance program (SFA) remained stable, after some earlier proposals to eliminate the program. SFA provides food stamp-like benefits to immigrants lawfully residing in the U.S. who would otherwise be eligible for food assistance except for their immigration status. This includes legal residents of the Marshall Islands who cannot live in their homeland because it is contaminated from years of U.S. nuclear testing, and immigrants who have been in the U.S. for fewer than five years. However, SFA benefits will be cut from equality with food stamps to 50% of food stamp benefit levels after the 9th US Circuit Court of Appeals threw out a temporary restraining order that had prevented the state from reducing benefits.

$567k General Fund for homelessness assistance in the Commerce Department is supplanted by the new document recording fee authorized under HB 2048, which is expected to raise $4.4m for homelessness assistance programs. NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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And while another “under-expenditure” was captured to balance the budget, there are no additional cuts to the Temporary Assistance for Needy Families (TANF). Some iterations of the budget had proposed a 20% reduction in the time families would be allowed to access the program and/or a 2% reduction in the meager grant amount. One version of the budget proposed restoring 1/3 of the 15% grant reduction taken in 2011. The final compromise was “status quo.” Also: Working Connections Child Care eligibility level was raised to 200% of the federal poverty level (FPL). No cut to Behavioral Rehabilitative Services. No cut to Street Youth Funding. No cut to the Responsible Living Skills program. No cut to Community Services Block Grant. No cut to Child Advocacy Centers or other crime victim services. $1.6m allocated for Performance Based Contracting of Child Welfare Services. $224k provided for the Evidence Based Practices legislation on children’s mental health services.

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An Electronic Newsletter for the NASW Washington State Chapter

Other Legislation Other bills on the NASW WA Chapter watch list that were passed by the legislature included: Substitute House Bill 2357 that will allow counties adopting a 1/10th% sales tax increase for mental health and chemical dependency programs after December 31 of last year to supplant some local funds in existing programs over the next five years – similar to the authorization given in 2010 to other jurisdictions that had adopted the tax. The bill prompted Tacoma to adopt the tax, after Pierce County had refused to do so. Engrossed Substitute House Bill 2366 mandates that, starting in 2014, suicide prevention training is required every six years for relicensing for licensed social workers, mental health counselors, marriage & family therapists, psychologists, occupational therapy practitioners, and certified counselors, advisors and chemical dependency professionals. The Secretary of Health is required under the bill to provide a report to the legislature by December of 2013 on the efficacy of such training on the ability of all licensed health care professionals to identify, treat, refer and / or manage patients with suicidal ideation.

NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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Engrossed Substitute Senate Bill 6239 ends discrimination in marriage by legally recognizing as “marriage” the union of two people of the same gender. A petition drive is underway to put the measure on the fall ballot which, if successful, delays the effective date until early December. House Bill 2263 requires savings from lowering the foster care caseload to be reinvested in child welfare programs. House Bill 2264 changes some provisions for contracting child welfare services, including removal of the mandate to convert the system to performance-based contracts and delaying the demonstration site contracts for case management of child welfare services to the end of 2015. Senate Bill 6555 creates an alternative to full blown investigations in child abuse/neglect cases called “Family Assessment Response” focusing on the safety of the child while also considering family preservation. Bills that did not pass, but are expected to be reintroduced in future legislative sessions, included: HB 2230, to require an Administrative Law Judge to preside over disciplinary hearings. The legislation would also create an additional level of administrative appeal to the Secretary of Health for negative rulings.

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An Electronic Newsletter for the NASW Washington State Chapter

HB 2462, providing explicit immunity for employees who offer referrals to or information about death with dignity organizations in end of life counseling, even if the referrals or information are in conflict with an employer’s religious or philosophical objections or policies. 2012 is what is euphemistically referred to in Olympia as “an even numbered year” – code for “election year.” All 98 House members and half of the 49 Senate members are up for election this year, along with all statewide offices. With Governor Gregoire not running for reelection, there will be a new occupant in the Governor’s office – either Attorney General Rob McKenna (R) or Congressman Jay Inslee (D). And with the Presidential election, the likely marriage equality referendum measure, three open congressional seats in Washington, and an unpredictable economy, the complexion of next year’s legislative session is somewhere between very difficult and impossible to predict.

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Upcoming Workshops The Art of Writing Mental Health Notes to Protect the Clinician September 7, 2012 Presented By: Federico Grosso, PhD, MFT, BCFE North Seattle Community College Concert Hall 9600 College Way North Seattle, WA 98103 -----------------------------------

LASW/LICSW Licensure Exam Prep Workshop September 15, 2012 Presented By: Jonathan Beard, MSW, LICSW North Seattle Community College Education Building Room #2843-A 9600 College Way Seattle, WA 98103 ----------------------------------From Principles to Problem-Solving: Ethics for Social Workers September 28, 2012 Presented By: Brian Giddens, LICSW, ACSW North Seattle Community College Library Building #1141 9600 College Way Seattle, WA 98103 -----------------------------------

NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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An Electronic Newsletter for the NASW Washington State Chapter July 2012 Volume 2, Issue 4 Clinical Supervision Workshop LASW/LICSW Licensure Exam Preparation Workshop October 12-13, 2012 March 1, 2013 Presented By: Marshall Jung, DSW Presented By: Jonathan Beard, MSW, LICSW Red Lion Hotel Bellevue 11211 Main Street Seattle Area, Location TBA Bellevue, WA 98005 --------------------------------------------------------------------From The Beck Institute on CBT Compassion Fatigue & Vicarious Trauma March 8-9, 2013 October 27, 2012 Presented By: Julie Hergenrather Presented By: Mary Jo Barrett, MSW Seattle Area, Location TBD North Seattle Community College ----------------------------------Library Building #1141 From Principles to Problem-Solving: 9600 College Way Ethics for Social Workers Seattle, WA 98103 ----------------------------------March 22, 2013 LASW/LICSW Licensure Exam Presented By: Brian Giddens, LICSW, ACSW Preparation Workshop December 1, 2012 Presented By: Jonathan Beard, MSW, LICSW North Seattle Community College Education Building Room #2843-A 9600 College Way Seattle, WA 98103

----------------------------------Lobby Day 2013 February 18, 2013 Governor Hotel Washington Room 621 Capitol Way South Olympia, WA 98501 8:30 AM – 3:00 PM

Seattle Area, Location TBA ----------------------------------LASW/LICSW Licensure Exam Preparation Workshop June 22, 2013 Presented By: Jonathan Beard, MSW, LICSW Seattle Area, Location TBA ----------------------------------The Mini Mental State Examination October 26, 2013 Presented By: Thomas Starkey Seattle Area, Location TBA

----------------------------------NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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An Electronic Newsletter for the NASW Washington State Chapter

LDF’s Third Prong in its Mission: Providing Legal Information to NASW Members By Sherri Morgan, LDF Associate Counsel, and Carolyn I. Polowy, NASW General Counsel © March 2012. National Association of Social Workers. All rights reserved.

Introduction The NASW Legal Defense Fund (LDF) was established in 1972 to assist NASW members in three areas. First a fund was created from member contributions to support NASW members with legal fees in cases involving social work issues. Second, the LDF was created to give a voice to NASW and the social work profession in the courts, in particular in precedent setting appellate litigation involving NASW policy issues or social work practice. The third prong of LDF’s designated mission was education. LDF was tasked with offering members timely information about legal developments and cases of importance to the social work profession – information that was not readily available in other forums. In accomplishing this third purpose, LDF has had its widest reach – making its publications and legal resources available to all NASW members and to the interested public. NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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Publications – Starting From Scratch The Law Note Series Legal information focused on social work practice and professional issues was scarce prior to the publication of the first General Counsel Law Note by the Legal Defense Fund in 1997. The first Law Note, Client Confidentiality and Privileged Communications, addressed the many questions received from NASW members about legal issues affecting client confidentiality in social work practice. Updated several times since 1997, in particular to incorporate a report of the U.S. Supreme Court’s protection of privilege in communications between social workers and their clients in Jaffee v. Redmond, and the inclusion of information about HIPAA’s confidentiality requirements, the Client Confidentiality Law Note is now published by the NASW PRESS. Other legal topics of interest and importance to social work practitioners were addressed in subsequent Law Notes, reaching a current total of thirteen, several of which are now made available through the NASW Press (see Resources and Webpage): Client Confidentiality and Privileged Communications (Available through NASW Press only)

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Social Workers and Subpoenas (Available through NASW Press only) Social Workers, Managed Care and Anti-Trust Issues Social Workers and Alternative Dispute Resolution Social Workers as Expert Witnesses The Social Worker and Protection of Privacy Social Workers and Managed Care Contracts Social Workers and Child Abuse Reporting Social Workers and Clinical Notes Social Workers and Work Issues Social Workers and the Legal Rights of Children (Available through NASW Press only) Social Workers and the Legal Rights of Students (Available through NASW Press only) The Juvenile Justice System (Available through NASW Press only)

NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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Legal Issue of the Month Series The demand for legal information grew and LDF decided to address the need with a new publication that would focus attention on a single topic or case providing a quick update for the busy social work practitioner. In 2002, the LDF “Legal Issue of the Month” series began with ten issues published electronically each year that were automatically sent to NASW members who made a $5.00 contribution to LDF on the dues renewal form. Since 2002, LDF has published over 100 legal articles in the “Legal Issue of the Month” series, an archive of timely analysis and information that is available online without charge to NASW members. The articles provide free, convenient access to summaries addressing commonlyasked legal questions, new legislation and court decisions as well as highlights of emerging legal and social policy topics. A “frequently requested articles” filter option provides quick links to the most popular areas of interest including subpoenas, confidentiality, how long to retain clinical records, HIPAA compliance and more. Many members find that this is a valuable tool to enhance their understanding of a legal matter before requesting additional professional or legal consultation.

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Phone: (206) 706 – 7084 Fax: (206) 706 - 7085


An Electronic Newsletter for the NASW Washington State Chapter

Educational Projects Managed Care Project In 1997 LDF created a Managed Care Project, hiring a part-time attorney to develop resources for members on this issue to coordinating NASW’s involvement in related legal matters. The LDF Law Note publication, Social Workers and Managed Care Contracts, was written with financial support from this project. NASW’s participation as an organizational supporter of a classaction lawsuit filed against the nine largest mental health managed care organizations (which later merged into five), was coordinated through this LDFfunded project in conjunction with financial support for the lawsuit approved by the NASW Board of Directors. In addition, LDF staff addressed managed care issues and questions in numerous continuing education presentations and chapter conference call trainings. HIPAA Training and Education The federal medical privacy and security regulations promulgated by the U.S. Department of Health and Human Services in 2003 to implement the Health Insurance Portability and Accountability Act of 1996 (HIPAA) created new compliance requirements for social workers in many practice NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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settings. LDF took the lead in developing and presenting training and educational resources for NASW members about the complex and changing sets of HIPAA regulations and presented in-person trainings to over 20 NASW state chapters, as well as initiating the first set of national online continuing education courses offered through NASW. LDF resources include a series of six online HIPAA training courses, a set of sample HIPAA forms and policies, legal articles, state-based HIPAA presentations, national teleconferences and a one-stop Web portal, “HIPAA Highlights for Social Workers”. Additional Programs

Continuing

Education

Social Work Ethics & Law Institute In 2005, LDF established the Social Work Ethics and Law Institute (SWELI), designating $200,000 in funding for educational projects related to legal and ethical issues affecting the social work profession. At that time LDF also approved sponsorship of the 2005 Social Work Congress—“A Coming Together of the Profession” to focus on a social work agenda. Among the various projects funded and/or developed by SWELI are the 2006 Social Work Ethics Summit which explored the relevance of the NASW

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Phone: (206) 706 – 7084 Fax: (206) 706 - 7085


An Electronic Newsletter for the NASW Washington State Chapter

Code of Ethics and the future needs for ethics training as well as the creation of two online continuing education courses, a basic and an advanced course, about the NASW Code of Ethics for NASW members. Housed within the NASW Foundation, SWELI is a part of NASW’s 501 (c)(3) organization with a principal focus on education. Expanding into the social media sphere, SWELI launched a new service on Facebook in 2011, offering twice-weekly legal and ethical updates for social workers who “Like” the SWELI site. The SWELI updates are made available to the general public; however, more detailed content is noted for NASW member access only. LDF’s Significance for NASW and the Profession Social workers and leaders within NASW turn to the Legal Defense Fund for analysis and feedback on critical legal issues facing the profession. The Legal Defense Fund’s work in supporting members when they are facing daunting professional challenges by making available consultations with LDF legal staff and cogent legal materials provides an invaluable service that meets the needs and expectations of members who rely on NASW for expertise and assistance. NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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Sustaining the LDF’s financial viability to continue its services and support for members requires the commitment of NASW members to remember to provide financial support for LDF through the dues renewal check-off of $5.00. Special consideration should also be given to an additional contribution to honor LDF’s 40th anniversary and to help to guarantee LDF’s ability to continue its work for NASW members and the social work profession. LDF is initiating the “$40 for the 40th” fundraising campaign, asking members to give $40 in 2012 in recognition of the LDF’s 40th anniversary year. Donations may be mailed directly to LDF by printing and mailing a contribution form or by credit card here. LDF Resources Amicus Briefs Filed by NASW: www.socialworkers.org/ldf/brief_bank HIPAA Highlights for Social Workers: www.socialworkers.org/hipaa NASW General Counsel Law Notes Series: www.socialworkers.org/ldf/lawnotes Legal Issue of the Month Archive: www.socialworkers.org/ldf/legal_issue Online Contributions to LDF: http://www.socialworkers.org/ldf/contribution.asp Social Work Ethics and Law Institute (SWELI): www.facebook.com/socialworkethicslaw 2005 Social Work Congress – Final Report: http://www.socialworkers.org/congress/CongressFinalReport.pdf The information contained in this Web site is provided as a service to members and the social work community for educational and information purposes only and does not constitute legal advice. We provide timely information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this Web site and its associated sites. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between NASW, LDF, or the author(s) and you. NASW members and online readers should not act based on the information provided in the LDF Web site. Laws and court interpretations change frequently. Legal advice must be tailored to the specific facts and circumstances of a particular case. Nothing reported herein should be used as a substitute for the advice of competent counsel.

Website: www.nasw-wa.org Email: info@nasw-wa.org

Phone: (206) 706 – 7084 Fax: (206) 706 - 7085


An Electronic Newsletter for the NASW Washington State Chapter The views and opinions expressed in this article are those of the author and do not necessarily represent the views and opinions of NASW Washington State Chapter. This article is reprinted with the permission of the author, NASW National,.

Easy Access to Online Learning Professional social workers are more pressed for time than ever, but the fact that there are too few hours in a day doesn’t let us off the hook when it comes to continuing education requirements. This is a good thing. We all want practitioners in our profession to be on top of their game and that means staying current on the latest research, techniques, and best practices. Sometimes, however, we need to find creative solutions to help us keep up with CE requirements. Technology is just such a creative solution, as it can provide the means to access continuing education at any time of the day from anywhere Internet access is available. This opens up a whole new world for those of us trying to squeeze CE into an already full schedule. At NASW Washington State Chapter, we recognize that online CE is both an important tool and a necessity for busy social workers. That is why we have developed a brand new online CE program. We call the program, the Online CE Institute. The Institute is a part of the NASW-Washington Chapter NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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website where members can browse and select courses from an extensive CE catalog. Institute courses include self-study programs, live online seminars, taped video presentations, and audio workshops. And the Institute is designed to make it easy for members to find, register, and participate in courses. Since Washington State social workers are allowed to earn twenty six of the required 36 continuing education credits online, the Institute provides the perfect opportunity to participate in highquality courses and programs at your convenience and through a trusted source. By the time this article goes to print, the NASW Washington State catalog will have grown to hundreds of online options. Course content includes subject areas from addiction, adolescent behavior, and anxiety to depression, geriatrics, PTSD and much more. Tips for Getting Started: Using the online catalog is simple. Just go to the NASW Washington State website and click on the Online CE Institute banner in the right sidebar. Or look for “continuing education” in the top pull down menu and click on “online continuing education”. Once you are on the Online CE Institute page, use the tabs to navigate to the courses you are interested in. Purchasing a course is also easy, just click “buy now,” complete your registration, and pay for the

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Phone: (206) 706 – 7084 Fax: (206) 706 - 7085


An Electronic Newsletter for the NASW Washington State Chapter

program. That’s all there is to it. One of the advantages of an online course is that you can complete it in multiple sittings (unless it is a live seminar). If you want to take a break for a minute or a week, just return at your convenience and go to the “MyAccount” tab. Your course will be waiting for you, right where you left off. When you complete a course, take the test, and fill out the course evaluation. Once completed, you will be prompted to print your certificate. It’s straight forward and convenient. But if you do happen to run into technical difficulties while registering or taking a course, NASW-Washington State has that covered. We have included a “HELP” tab that is accessible on any Online CE Institute website page. There, you will find answers to commonly asked questions as well as contact information for live technical support-email, chat, and phone. So you are covered, no matter when you happen to be taking the course. CE Where and When You Need It Social work is a challenging and rewarding career. It also requires a commitment to ongoing learning. At NASW-Washington State Chapter, it is our goal to support your commitment to continuing education by making it easier for you to find and participate in high quality courses and work-shops. The Online CE Institute was created to do NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103

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just that. We hope you will visit the Institute next time you are online and we welcome your thoughts about the Institute and continuing education in general. Happy learning!

Social Work Lobby Day 2013 Make your voice heard to your elected officials. Stand up and speak out on important issues facing the social work profession in today’s legislative arena. February 18, 2013 Governor Hotel Washington Room 621 Capitol Way South Olympia, WA 98501 8:30 AM – 3:00 PM Join all your social work colleagues for NASW-WA Chapter Lobby Day February 18, 2013. Lobby Day is an opportunity for the social workers across the state to speak one on one with their state legislators and voice support for legislation that impacts children, families, health care, the profession of social work, and many other social justice issues. The last several years, approximately 200 social workers participated in the NASW WA Chapter Social Work Lobby Day.

Website: www.nasw-wa.org Email: info@nasw-wa.org

Phone: (206) 706 – 7084 Fax: (206) 706 - 7085


Currents July 2012