No. 33615 (Amendment): Rule R156-60a. Social Worker Licensing Act Rule

(Amendment)

DAR File No.: 33615
Filed: 05/03/2010 08:28:46 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 90, which was passed during the 2010 General Session of the Legislature, made several amendments to the Social Worker Licensing Act which in turn required proposed amendments to this rule. In addition, the Division and the Social Worker Licensing Board determined the continuing education requirement section needs to be updated, as well as other technical corrections. (DAR NOTE: S.B. 90 (2010) is found at Chapter 214, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

Throughout the rule, capitalized "Division" and "Board" where appropriate, various statutory citations have been updated and grammatical changes have been made. In Section R156-60a-102, added definition of "social work practice methods" as required by S.B. 90. In Subsection R156-60a-102(7), the phrase "under the general supervision" is added to emphasize the level of supervision under which a certified social worker (CSW) may practice. In Section R156-60a-302b, S.B. 90 modified the qualifications for supervision of a social service worker (SSW) and the proposed amendments reflects that change. The SSW license experience requirement is clarified to require that the 2,000 hours of qualified experience be completed in not less than one year. In Subsection R156-60a-302c(4), the term "general" is added to clarify the level of supervision under which the 4,000 hours of training must be completed. In Section R156-60a-302d, a deadline for passing the Association of Social Work Boards (ASWB) exam is set one year from the date that the Division approves an applicant to take the exam. Section R156-60a-304 is entirely rewritten with language that is easier to understand. Proposed amendments add that not fewer than three hours in ethics/ law of the 40 hours required every two years for licensed clinical social workers (LCSW) are required. Amendments also clarify that SSWs are required to complete not fewer than 20 continuing education hours every two years and not fewer than three hours in ethics/law must be included in the 20 hours. In Subsection R156-60a-304(2), modifications are made to the standards for acceptable continuing education. Limits are placed on the credit that licensees may receive for lecturing or instructing continuing education courses. A listing of acceptable course types is added. Limits on the number of continuing education contact hours in various course types are established. Information to be included in documentation that will verify completion of continuing education is established. In Subsection R156-60a-602(1), the term "general" is added to clarify the level of supervision under which a SSW must practice.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Section 58-60-201
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed social worker classifications applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed social worker classifications and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed social worker classifications and applicants for licensure in those classifications. In accordance with Section R156-60a-302d, the Division is granted authority to deny a license application if the application has been pending for over one year due to an applicant's failure to pass the ASWB examination. Paying a $120 application fee a second time will be a cost for the small number of applicants who do not pass the ASWB exam within one year. It is anticipated that only a few applicants will fall into this group. Section R156-60a-304 clarifies new continuing education requirements for LCSWs and SSWs. The proposed amendments require LCSWs and SSWs to complete not fewer than three hours of continuing education in the area of ethics/law. As a result, some licensees may end up paying more money for continuing education. However, if a continuing education course a licensee takes now is more expensive than an ethics/law course which will be required, the licensee will actually save money. The Division is not able to determine an exact amount of savings or additional cost due to a wide varying degree of different circumstances.

Compliance costs for affected persons:

The proposed amendments only apply to licensed social worker classifications and applicants for licensure in those classifications. In accordance with Section R156-60a-302d, the Division is granted authority to deny a license application if the application has been pending for over one year due to an applicant's failure to pass the ASWB examination. Paying a $120 application fee a second time will be a cost for the small number of applicants who do not pass the ASWB exam within one year. It is anticipated that only a few applicants will fall into this group. Section R156-60a-304 clarifies new continuing education requirements for LCSWs and SSWs. The proposed amendments require LCSWs and SSWs to complete not fewer than three hours of continuing education in the area of ethics/law. As a result, some licensees may end up paying more money for continuing education. However, if a continuing education course a licensee takes now is more expensive than an ethics/law course which will be required, the licensee will actually save money. The Division is not able to determine an exact amount of savings or additional cost due to a wide varying degree of different circumstances.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing conforms the rule to recent statutory amendments that amended definitions, changed the qualifications for supervision of social service workers, etc. It updates statutory references, changes the continuing education provision to require courses in ethics/law, clarifies continuing education credit for lectures and instruction, and makes other technical changes. No fiscal impact to businesses is anticipated beyond those addressed by recent statutory amendments and beyond those addressed in the rule summary.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2010

Interested persons may attend a public hearing regarding this rule:

• 06/03/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

07/08/2010

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-60a. Social Worker Licensing Act Rule.

R156-60a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 60, as used in Title 58, Chapters 1 and 60, or this rule:

(1) "ASWB" means the Association of Social Work Boards.

(2) "CSW" means a licensed certified social worker.

(3) "Clinical social work concentration and practicum", "clinical concentration and practicum" "case work", "group work", or "family treatment course sequence with a clinical practicum", "clinical practicum" or "practicum", as used in Subsections 58-60-205(1)(g) and (2)(d)(ii), means a track of professional education which is specifically established to prepare an individual to practice or engage in mental health therapy.

(4) "LCSW" means a licensed clinical social worker.

(5) "Social work practice methods", as used in Subsection 58-60-205(4)(d)(iii)(A), means a course at an accredited college or university that includes emphasis on the following:

(a) generalist social work practice at the individual, family, group, organization, and community levels;

(b) planned client change process and social work roles at various levels;

(c) application of key values and principles of the National Association of Social Workers (NASW) Code of Ethics and resolution of ethical dilemmas; and

(d) evaluation of programs and direct practice in the social work field.

([5]6) "SSW" means a licensed social service worker.

([6]7) "Supervised practice of mental health therapy by a clinical social worker", as used in Subsection 58-60-202([3]4)(a), means that the CSW is under the general supervision of [supervised by] an LCSW meeting the requirements of Sections R156-60a-302e and R156-60a-601.

 

R156-60a-302a. Education Requirements for Licensure as an SSW.

In accordance with Subsection 58-60-205(3)(d)(ii), a master's degree qualifying an applicant for licensure as an SSW shall be in a field of social work, psychology, marriage and family therapy, or professional counseling.

 

R156-60a-302b. Experience Requirements for Licensure as an SSW.

In accordance with Subsection 58-60-205(4)(d)(iii)[ and (iv)], the 2 ,000 hours of supervised [social work activity or the one year of ]qualifying experience for licensure as an SSW shall:

(1) be performed as an employee of an agency providing social work services and activities;[ and]

(2) be performed according to a written social work job description approved by the [LCSW or CSW]licensed mental health therapist supervisor ;

(3) be completed over a duration of not less than one year.

 

R156-60a-302c. Training Requirements for Licensure as an LCSW.

In accordance with Subsections 58-60-205(1)[(d),](e),(f) and (g), and 58-60-202([3]4)(a), the 4 ,000 hours of clinical social work and mental health therapy training qualifying an applicant for licensure as an LCSW shall:

(1) be obtained after completion of the education requirement set forth in Subsections 58-60-205 (1)(d) and (g) and shall not include any clinical practicum hours obtained as part of the education program;

(2) be completed over a duration of not less than two years;

(3) be completed while the CSW is an employee of a public or private agency engaged in mental health therapy;

(4) be completed under a program of general supervision by an LCSW meeting the requirements of Sections R156-60a-302e and R156-60a-601; and

(5) include the following training requirements:

(a) individual, family, and group therapy;

(b) crisis intervention;

(c) intermediate treatment; and

(d) long term treatment.

 

R156-60a-302d. Examination Requirements.

(1) In accordance with Subsection 58-60-205(1)(h), the examination requirements for licensure as an LCSW include passing the Clinical Examination of the ASWB or the Clinical Social Workers Examination of the State of California.

(2) In accordance with Subsection 58-60-205(2)(e), the examination requirements for licensure as a CSW shall include passing the Masters, Advanced Generalist, or Clinical Examination of the ASWB.

(3) In accordance with Subsection 58-60-205([3]4)(e), the examination requirements for licensure as an SSW shall include passing the Bachelors Examination of the ASWB.

(4) Applicants for any ASWB exam must pass the exam within one year from date of the Division's approval for the applicant to take the exam. If the applicant does not pass the required exam within one year, the pending license application shall be denied.

 

R156-60a-302e. Requirements to Become an LCSW Supervisor.

In accordance with Subsections 58-60-202(2)(c), 58-60-202(3)(a) and 58-60-205(1)(e) and (f), in order for an LCSW to supervise a CSW, the LCSW shall:

(1) be currently licensed in good standing as an LCSW; and

(2) have engaged in active practice as an LCSW, including mental health therapy, for a period of not less than two years prior to supervising a CSW.

 

R156-60a-304. Continuing Education[ Requirements for LCSW ].

[In accordance with Subsection 58-60-105(1), the continuing education requirements for LCSWs are defined, clarified and established as follows:

(1) During each two year period commencing October 1st of each even numbered year, a LCSW shall be required to complete not less than 40 hours of continuing education.

(2) The required number of hours of continuing education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(3) Continuing education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training, and experience to provide social work continuing education; and

(c) have a method of verification of attendance.

(4) Credit for continuing education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for continuing education completed in blocks of time of not less than 50 minutes in formally established classroom courses, seminars, lectures, conferences, or training sessions which meet the criteria listed in Subsection (3) above, and which are approved by, conducted by or under sponsorship of:

(i) the National Association of Social Workers;

(ii) community mental health agencies or entities providing mental health services under the auspices of the State of Utah;

(iii) recognized universities and colleges;

(iv) professional associations, societies and organizations representing a licensed profession whose program objectives relate to the practice of social work; and

(v) the Division of Occupational and Professional Licensing; and

(b) a maximum of ten hours per two year period may be recognized for teaching continuing education relevant to clinical social work or mental health therapy; and

(c) a maximum of ten hours per two year period may be recognized for continuing education that is provided via Internet or through home study which meets the criteria listed in Subsection (3) above.

(5) A licensee is responsible to complete relevant continuing education, to document completion of the continuing education, and to maintain the records of the continuing education completed for a period of four years after close of the two year period to which the records pertain.

(6) A licensee who documents the licensee is engaged in full time activities or is subjected to circumstances which prevent that licensee from meeting the continuing education requirements established under this section may be excused from the requirement for a period of up to three years. However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.

(7) If more than 40 hours of continuing education is completed during the two year period specified in Subsection (1), up to ten hours of the excess over 40 hours may be carried over to the next two year period. No education received prior to a license being granted may be carried forward to apply towards the continuing education required after the license is granted.](1) Required Hours. In accordance with Subsection 58-60-105(1) and Section 58-60-205.5, during each two year renewal cycle commencing on October 1 of each even numbered year:

(a) An LCSW shall be required to complete not fewer than 40 hours of continuing education. Beginning October 1, 2010, a minimum of three of the 40 hours shall be completed in ethics and/or law.

(b) Beginning October 1, 2010, an SSW shall be required to complete not fewer than 20 hours of continuing education of which a minimum of three contact hours shall be completed in ethics and/or law.

(c) The required number of hours of continuing education for an individual who first becomes licensed during the two year renewal cycle shall be decreased in a pro-rata amount.

(d) The Division may defer or waive the continuing education requirements as provided in Section R156-1-308d.

(2) A continuing education course shall meet the following standards:

(a) Time. Each hour of continuing education course credit shall consist of not fewer than 50 minutes of education. Licensees shall only receive credit for lecturing or instructing the same course up to two times. Licensees shall receive one hour of continuing education for every one hour of time spent lecturing or instructing a continuing education course;

(b) Course Content and Type. A course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the course;

(i) The content of the course shall be relevant to the practice of social work and shall be completed in the form of any of the following course types:

(A) seminar;

(B) lecture;

(C) conference;

(D) training session;

(E) webinar;

(F) internet course;

(G) distance learning course;

(H) specialty certification; or

(I) lecturing or instructing of a continuing education course;

(ii) The following limits apply to the number of hours recognized in the following course types during a two year license renewal cycle:

(A) a maximum of ten hours for lecturing or instructing of continuing education courses meeting these requirements; and

(B) a maximum of 15 hours for online, distance learning, or home study courses that include examination and issuance of a completion certificate;

(c) Course Provider or Sponsor. The course shall be approved by, conducted by, or under the sponsorship of one of the following:

(i) a recognized accredited college or university;

(ii) a community mental health agency or entity providing mental health services under the auspices of the State of Utah;

(iii) a professional association or society involved in the practice of social work; or

(iv) the Division of Occupational and Professional Licensing;

(d) Objectives. The learning objectives of the course shall be clearly stated in course material;

(e) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training and experience;

(f) Documentation. Each licensee shall maintain adequate documentation as proof of compliance with this Section, such as a certificate of completion, school transcript, course description, or other course materials. The licensee shall retain this proof for a period of three years after the end of the renewal cycle for which the continuing education is due; and

(i) At a minimum, the documentation shall contain the following:

(A) date of the course;

(B) name of the course provider;

(C) name of the instructor;

(D) course title;

(E) number of hours of continuing education credit; and

(F) course objectives.

(3) Extra Hours of Continuing Education. If a licensee completes more than the required number of hours of continuing education during a two year renewal cycle specified in Subsection (1), up to ten hours of the excess over the required number may be carried over to the next two year renewal cycle. No education received prior to a license being granted may be carried forward to apply towards the continuing education required after the license is granted.

 

R156-60a-308. Reinstatement of an LCSW License which has Expired Beyond Two Years.

In accordance with Subsection 58-1-308(6) and Section R156-1-308e, an applicant for reinstatement for licensure as an LCSW, whose license expired after two years following the expiration of that license, shall:

(1) upon request, meet with the [b]Board to evaluate the applicant's ability to safely and competently practice clinical social work and mental health therapy;

(2) upon recommendation of the [b]Board, establish a plan of supervision under an approved supervisor which may include up to 4 ,000 hours of clinical social work and mental health therapy training as a CSW before qualifying for reinstatement of the LCSW license;

(3) pass the Clinical Examination of the ASWB if it is determined by the [b]Board that examination or reexamination is necessary to demonstrate the applicant's ability to safely and competently practice clinical social work and mental health therapy; and

(4) complete a minimum of 40 hours of continuing education in subjects determined by the [b]Board as necessary to ensure the applicant's ability to safely and competently practice clinical social work and mental health therapy.

 

R156-60a-309. Exemption from Licensure Clarified.

The exemption specified in Subsection 58-60-107(5) does not permit an individual to engage in the 4 ,000 hours of clinical social work and mental health therapy training without first becoming licensed as a CSW.

 

R156-60a-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) using the abbreviated title of LCSW unless licensed as an LCSW;

(2) using the abbreviated title of CSW unless licensed as a CSW;

(3) using the abbreviated title of SSW unless licensed as an SSW;

(4) acting as a supervisor or accepting supervision of a supervisor without complying with or ensuring the compliance with the requirements of Sections R156-60a-302c and R156-60a-601.

(5) engaging in the supervised practice of mental health therapy as a licensed CSW unless:

(a) the licensee has completed a clinical practicum as part of the Council on Social Work Education (CSWE) accredited master's degree program; and

(b) the scope of practice is otherwise within the licensee's competency, abilities and education;

(6) engaging in the supervised practice of mental health therapy when not in compliance with Section R156-60a-302c and Subsection R156-60a-601(7);

(7) engaging in or aiding or abetting conduct or practices which are dishonest, deceptive or fraudulent;

(8) engaging in or aiding or abetting deceptive or fraudulent billing practices;

(9) failing to establish and maintain professional boundaries with a client or former client;

(10) engaging in dual or multiple relationships with a client or former client in which there is a risk of or potential harm to the client;

(11) engaging in sexual activities or sexual contact with a client with or without client consent;

(12) engaging in sexual activities or sexual contact with a former client within two years of documented termination of services even when there is no risk of exploitation or potential harm to the client;

(13) engaging in sexual activities or sexual contact with client's relatives or other individuals with whom the client maintains a personal relationship when there is a risk of exploitation or potential harm to the client;

(14) embracing, massaging, cuddling, caressing, or performing any other act of physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact;

(15) engaging in or aiding or abetting sexual harassment or any conduct which is exploitive or abusive with respect to a student, trainee, employee, or colleague with whom the licensee has supervisory or management responsibility;

(16) failing to exercise professional discretion and impartial judgement required for the performance of professional activities, duties and functions;

(17) failing to render impartial, objective, and informed services, recommendations or opinions with respect to custodial or parental rights, divorce, domestic relationships, adoptions, sanity, competency, mental health or any other determination concerning an individual's civil or legal rights;

(18) exploiting a client or former client for personal gain;

(19) exploiting a person who has a personal relationship with a client for personal gain;

(20) failing to maintain client records including records of assessment, treatment, progress notes and billing information for a period of not less than ten years from the documented termination of services to the client;

(21) failing to provide client records in a reasonable time upon written request of the client, or legal guardian;

(22) failing to obtain informed consent from the client or legal guardian before taping, recording or permitting third party observations of client activities or records;

(23) failing to protect the confidences of other persons named or contained in the client records; and

(24) failing to abide by the provisions of the Code of Ethics of the National Association of Social Workers (NASW) as approved by the NASW 1996 Delegate Assembly and revised by the 1999 NASW Delegate Assembly, which is adopted and incorporated by reference.

 

R156-60a-601. Duties and Responsibilities of an LCSW Supervisor.

The duties and responsibilities of an LCSW supervisor[,] are further [defined, clarified or ]established as follows:

(1) be professionally responsible for the acts and practices of the supervisee;

(2) be engaged in a relationship with the supervisee in which the supervisor is independent from control by the supervisee and in which the ability of the supervisor to supervise and direct the practice of the supervisee or is not compromised;

(3) be available for advice, consultation, and direction consistent with the standards and ethics of the profession;

(4) provide periodic review of the client records assigned to the supervisee;

(5) comply with the confidentiality requirements of Section 58-60-114;

(6) monitor the performance of the supervisee for compliance with laws, rules, standards and ethics applicable to the practice of social work;

(7) supervise only a supervisee who is an employee of a public or private mental health agency;

(8) supervise not more than three individuals who are lawfully engaged in mental health therapy training, unless otherwise approved by the Division in collaboration with the [b]Board;

(9) not begin supervision of a CSW until having met the requirements of Section R156-60a-302e; and

(10) in accordance with Subsections 58-60-205(1)(e) and (f), submit to the [d]Division on forms made available by the [d]Division:

(a) documentation of the training hours completed by the CSW; and

(b) an evaluation of the CSW, with respect to the quality of the work performed and the competency of the CSW to practice clinical social work and mental health therapy.

 

R156-60a-602. Supervision - Scope of Practice - SSW.

In accordance with Subsections 58-60-202([4]2) and ([5]6), supervision and scope of practice of an SSW is further defined[, clarified and established] as follows:

(1) general supervision of an SSW by a licensed mental health therapist is only required where mental health therapy services are provided; and

(2) the scope of practice of the SSW shall be in accordance with a written social work job description approved by the licensed mental health therap[y]ist supervisor, except that the SSW may not engage in the supervised or unsupervised practice of mental health therapy.

 

KEY: licensing, social workers

Date of Enactment or Last Substantive Amendment: [October 22, 2009]2010

Notice of Continuation: August 31, 2009

Authorizing, and Implemented or Interpreted Law: 58-60-201; 58-1-106(1)(a); 58-1-202(1)(a)

 

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