RULES AND REGULATIONS
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[49 PA. CODE CHS. 47--49]
Licensure
[32 Pa.B. 1197] The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) hereby amends Chapter 47 (relating State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--licensure of social workers) and adds Chapters 48 and 49 (relating State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--licensure of marriage and family therapists; and State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--licensure of professional counselors) to read as set forth in Annex A.
A. Effective Date
The final-form rulemaking will take effect upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
The final-form rulemaking is authorized under section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1906(2)).
C. Background and Purpose
The General Assembly enacted the act of December 21, 1998 (P. L. 1017, No. 136) (Act 136), amending the Social Work Practice Act (63 P. S. §§ 1901--1922) by expanding the State Board of Social Work Examiners to include marriage and family therapists and professional counselors. Act 136 also added three licensure groups: licensed clinical social workers, licensed marriage and family therapists (MFT) and licensed professional counselors. The purpose of these final-form regulations is two-fold: respond to the comments received on proposed rulemaking and incorporate the changes addressing definitions and licensure qualifications necessitated by Act 136.
D. Summary of Comments and Responses on Proposed Rulemaking
Notice of the proposed rulemaking was published at 31 Pa.B. 1571 (March 24, 2001). Publication was followed by a 30-day public comment period during which the Board received comments from a large number of professional associations and organizations, colleges and universities and individuals. The following professional associations and organizations commented on the proposal: The Pennsylvania Social Work Coalition; The Pennsylvania Association for Marriage and Family Therapy; The Pennsylvania Alliance of Counseling Professionals (PACP); The Pennsylvania Counseling Association; The Pennsylvania Society for Clinical Social Work; The Pennsylvania Psychiatric Society; The National Association of Social Workers; Countryside Haven for Health; Pennsylvania Community Providers Association; Pennsylvania Council for Relationships; Case Management Society of America; Philadelphia Child and Family Therapy Training Center, Inc.; Reading Area Community College; Commission for Case Manager Certification; Eastern Baptist Theological Seminary; Moravian Theological Seminary; and Samaritan Counseling Center.
Following the close of the public comment period, the Board received comments from the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC). The Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment. The following is a response to the comments.
Sections 47.1, 48.1 and 49.1. Definitions.
HPLC, IRRC and the professional organizations had several comments and questions regarding the definition of ''supervisor.'' Following their recommendations, the Board rewrote this section in each of the chapters, and moved the qualifications for supervisors to a separate section (§ 47.1a (relating to qualifications for supervisors)) for clarity, and then referenced this section in the definition of ''supervisor.'' Individuals qualify as supervisors if they are licensed with 5 years full-time experience, or are licensed in a related field with at least a master's degree and 5 years full-time experience. Additionally, the Board allows a window of time in which unlicensed individuals can qualify as supervisors if they too have 5 years of full-time experience. This provision recognizes the necessity for a transition period for individuals to become licensed and available to serve as supervisors. However, at the end of the transition period, individuals must be licensed to continue as a supervisor. If they are not licensed by that time, a supervisee would need to change supervisors and obtain one that is qualified in order to have their hours of supervised clinical experience continue to be credited. The transition period in Chapters 47 and 49 lasts until January 1, 2006. The Board treats MFT supervisors differently in Chapter 48 in that the transition period lasts until January 1, 2010. MFT supervisors have the additional requirement that they must be an American Association for Marriage and Family Therapy (AAMFT) approved supervisor or supervisor-in-training. Consequently, it will take longer for MFTs to have qualified supervisors, even though courses in MFT supervision are readily available. Therefore, the Board gives them additional time for a transition period. The Board also removed the requirement that MFTs be licensed during the transition period, as this was not their original intent, and the inclusion of the requirement was an oversight. Finally, the Board removed the language in § 47.1 regarding individuals licensed ''by a statutory board or social work examiner of another state . . . . '' This provision was not included in the definition of ''supervisor'' in Chapters 48 and 49 and IRRC questioned why similar language was not included in §§ 48.1 and 49.1. The Board determined that this provision should be removed from § 47.1 to be consistent with the other chapters.
The Board added a definition for ''related field'' in all three chapters because it is referenced in the qualifications for supervisor sections.
IRRC questioned whether the definition for ''institution of higher education'' was intended to be the same as the statutory definition in section 2 of the College and University Security Information Act (24 P. S. § 2502-2). This definition was taken from 22 Pa. Code § 33.102 (relating to definitions) and the Board has added this cross-reference to the definition.
The Board agreed with the recommendations made by HPLC, IRRC, professional organizations and individuals that the definition of ''field closely related to the practice of professional counseling'' be expanded, and used the language suggested by the PACP for Chapters 48 and 49. In Chapter 49, the definition is now ''master's degree in a field closely related to the practice of professional counseling'' or ''doctoral degree in a field closely related to the practice of counseling'' to take the emphasis off of limited fields and placed on the educational degree itself. The Board also added ''human services'' to this definition in Chapter 49 after receiving numerous comments from public commentators, the HPLC and IRRC.
IRRC noted that the format of the Purdon's citations are inconsistent in § 47.1 in the definitions of ''licensed clinical social worker,'' ''licensed social worker'' and ''provisional licensed social worker.'' These citations have been corrected to reflect consistency in the final-form rulemaking.
IRRC also questioned why there was no definition of the phrase ''National accrediting agency'' which is used in § 48.13(a)(3)(ii)(B) (relating to licensed marriage and family therapist). The Board considered this and determined it was unnecessary. This is a term of art created by the General Assembly and is defined as an accredited agency approved by the United States Department of Education. IRRC also questioned why there was not a definition for the phrase used in § 48.15(5)(iii)(v) and (vi) (relating to exemption from licensure examination) ''in marriage and family therapy as defined in § 48.1.'' The entire phrase is ''graduate level coursework in marriage and family therapy'' which is defined in § 48.1. Accordingly, further clarification is unnecessary.
The Board followed IRRC's recommendation and included a definition for the acronym ''MFT.''
Section 48.2. Educational requirements.
IRRC commented that the word ''should'' in this section and the phrase ''intended to'' are indirect, and recommended more direct language. IRRC also noted that plural words were mismatched with singular words. It also recommended that the word ''family'' should be added to paragraph (2) to make it consistent with paragraph (3)(i). The Board revised the provisions in this section to incorporate IRRC's suggested changes.
IRRC also noted that the word ''family'' should be added to § 48.2(2) in order to be consistent with § 48.2(3)(i). The Board has incorporated this suggestion.
Section 49.2. Educational requirements.
The HPLC, IRRC and the PACP noted that many counselor preparation programs are currently unable to meet the clinical instruction requirement for 600 hours of supervised internship experience in paragraph (9). The Board followed the commentators' recommendations and included language that allows for a transition period of 5 years where this requirement may be satisfied by completion of a total of 6 semester hours or 9 quarter hours of practicum/internship experience.
Sections 47.11(f), 48.11(c) and 49.11(c). Licensure examination.
IRRC questioned why the applicant is responsible for directing that the testing organization send examination results and other information requested to the Board. The examinations in these sections are all from National testing organizations. In most cases, the individuals apply directly to the testing organization and direct which state they want their examination results sent to. In some instances, they might want scores sent to more than one state. Additionally, some individuals may have taken the examination to obtain their National certification and then direct the testing organization to send that score to the Board at a later date when they are applying for licensure. The regulations provide flexibility for individuals to take this examination whether it is under a National certification or whether it is for licensure by examination. The Board contracts with the testing organization for the use of the organization's examination. Consequently, the examination is available to applicants, but the applicant must still tell the organization what state the applicant wants the examination scores sent to for the previously stated reasons. The ''other information'' language is also in the regulation to provide flexibility. There are several different licensure groups under this one Board, there are numerous testing organizations and the information provided by the testing organizations may differ. However, if additional information would be needed by the Board, the applicant would be provided notice of that on the application form or by letter. Finally, IRRC inquired what passing grade the Board will require on the respective examinations. The Board will accept the national passing score as determined by the professional testing agency.
The HPLC, IRRC and a large number of public commentators requested inclusion of the Advanced Alcohol and Other Drug Abuse Counselor Examination (AAODA) given by the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse Inc. (IC & RC) and the Examination for Master Addictions Counselors given by the National Board for Certified Counselors (NBCC), as acceptable examinations for licensure as a professional counselor. The Board reviewed materials provided by both organizations and spoke with individuals regarding these examinations and decided to include them as approved licensure examinations.
Section 48.13(a). Licensed marriage and family therapist.
IRRC questioned the Board's intent in subsection (a)(3)(i) and (ii) regarding ''graduate course work which is closely related to marriage and family therapy.'' First, this language is taken directly from the statute, and is thus consistent with the intent of the General Assembly, not the Board. Second, subsection (a)(3)(i)(A) and (B) and (ii)(A) and (B) explain what the General Assembly considers graduate course work which is closely related to marriage and family therapy. IRRC also questioned how much ''graduate coursework in marriage and family therapy'' the Board will require. The educational requirements for the graduate level coursework are set forth in § 48.2.
Sections 47.12c(b), 48.13(b) and 49.13(b).
The HPLC, IRRC and several professional organizations and individuals commented about these supervised clinical experience requirements. The Board has reworked the sections in all three chapters to reflect those comments and make all three chapters consistent.
IRRC and several professional organizations recommended the deletion of the word ''diagnosis'' from § 47.12c(b)(1)(i) (relating to licensed clinical social worker) and the addition of ''family therapy and group therapy.'' The HPLC, IRRC and others recommended the addition of ''individual therapy and group therapy'' to § 48.13(b)(1) and the addition of ''family therapy and group therapy'' to § 49.13(b)(1) (relating to licensed professional counselor). The Board revised these provisions to incorporate these recommendations.
Subsection (b)(2) and (4) have been revised in each section to reflect the changes made to the definition of ''supervisor'' and the addition of the qualifications for supervisors section in each chapter. Additionally, following the recommendations of the HPLC, IRRC and professional organizations, these subsections have also been revised to eliminate the requirement that the first 1,800 hours be supervised by a licensed individual in that profession. As noted by IRRC, commentators stated that supervision by professionals in related fields is the norm in rural areas, and that there may not be sufficient numbers of supervisors available in rural areas to meet this requirement. The Board agrees, but still believes that at least 1,800 hours must be supervised by an individual licensed in the supervisee's profession because this is fundamental to the development of the supervisee in the field. Therefore, 1,800 hours must still be supervised by an individual licensed in that profession; however, it does not need to be the first 1,800 hours.
IRRC and the Pennsylvania Society of Clinical Social Workers commented that the provision in subsection (b)(3) requiring disclosure of a supervisee status to the patient and obtaining written permission to discuss the patient's status with the supervisor was contrary to the current practice in agencies. Because communications between a psychotherapist and a client are privileged and may not be disclosed without consent from the client, the Board believes this requirement is necessary, both for the protection of the client and the protection of the supervisee.
IRRC and other commentators stated that the phrase in subsection (b)(4), ''delegate, order and control'' was not appropriate since many professionals currently work independently and do not have direct supervisors. The Board agrees and will replace this phrase with ''oversee, direct, recommend and instruct.'' This also makes this section consistent with the definition of ''supervision.'' This subsection also allows a supervisor to delegate responsibilities to another qualified individual. IRRC questioned what qualifications a delegate must have and what the limits were on the supervisory responsibility that could be delegated. A qualified substitute would be an individual meeting the qualifications as a supervisor. The Board revised the language in this provision to make this more clear. The phrase ''temporarily unable to provide supervision'' limits the delegation of supervision to those situations in which the supervisor is temporarily unable to provide the supervision. For example, if a supervisor were to leave for a 2 week vacation the supervisee should not have to sacrifice 2 weeks of supervised clinical experience. In this scenario, the supervisor could designate another supervisor to fill in for that 2 week period.
The HPLC, IRRC and some professional organizations recommended that subsection (b)(5) be amended to allow for group supervision. IRRC noted that commentators indicated that group supervision is a key process in the development of professional counselors and clinical social workers. However, it should not be mandatory, as currently provided for in § 48.13(b)(5). The Board agrees, and has amended this section in all three chapters to require that a supervisor meet with the supervisee for a minimum of 2 hours for every 40 hours of supervised clinical experience. At least 1 of the 2 hours shall be with the supervisee individually and in person, and 1 of the 2 hours may be with the supervisee in a group setting and in person. The Board chose a ratio of 2 hours for every 40 hours of supervised clinical experience because this is standard in the profession, and also consistent with the supervision requirements of other states (commonly 1 hour for every 20 or 25 hours of experience). The supervision is not required to be onsite. If onsite, the agency itself could provide the supervision or the supervision could be contracted out to be paid for either by the agency or by the supervisee. The Board will monitor the fiscal impact of this requirement in the future.
Subsection (b)(7) has been amended to reduce the 60-day written notice of the intent to terminate supervision to a 2 week notice as recommended by the HPLC, IRRC and several public commentators. Originally, the Board chose a 60 day notice requirement to provide the supervisee with an adequate amount of time to find another supervisor. However, commentators noted that most employment situations only require a 2 week notice, and it would be burdensome for a supervisor to be required to continue supervision for several weeks after leaving the employment setting.
IRRC had several questions about subsection (b)(8). One of IRRC's three questions concerned why the experience must be in a single setting. The Board included this provision because there are individuals in many different work situations. The Board's primary goal is to ensure that supervisees are providing quality care to their patients as well as gaining valuable experience from the supervised activity. This provision requires an individual to work in one place long enough to establish a relationship with a client and a supervisor. If individuals frequently change work settings and supervisors, the quality of the supervised clinical experience will deteriorate. The Board believes that a 3 month setting (if the individual is working at least 30 hours per week but no more than 50 hours per week) or a 6 month setting (if the individual is working at least 15 hours per week) accomplishes this goal. However, this provision does not preclude an individual from working in more than one setting. For example, it would be acceptable for an individual to hold two part-time positions, so long as each setting meets the requirements of this provision. IRRC also questioned the Board's reasoning for limiting an applicant's work week to 40 hours. The Board believes that after a certain number of hours the learning experience, as well as the therapeutic service to clients, deteriorates. The Board did, however, increase the maximum hours per week from 40 to 50 hours.
IRRC also recommended that the regulation should clearly set a minimum limit of hours per year to count toward the 3 years experience, and more clearly set forth how the 3,600 hours of experience must be met. The Board agrees that the language currently in this provision (the last sentence regarding obtaining experience in the last 10 years, with at least half within the most recent 5 calendar years) is unclear. It amended this subsection by deleting the last sentence. The Board then added subsection (b)(9) which more clearly sets forth how the years and hours of experience must be accumulated. Subsection (b)(9) requires that the supervised clinical experience be completed in no less than 2 years and no more than 6 years, and that no less than 600 hours and no more than 1,800 hours may be credited in any 12-month period. Commentators indicated that provisions for accumulating supervised clinical experience need to allow flexibility for individuals who may want to take time off to have a baby or for those times when individuals are unable to find work. Additionally, the Board believes that there should be a limit on the number of hours acquired in any 12 month period for the reasons previously stated regarding the 50 hour work week. Subsection (b)(9) addresses both of these concerns by allowing an individual to acquire 600 hours per year over the course of 6 years (3,600 hours) but no more than 1,800 hours per year over the course of 2 years (3,600 hours).
Finally, the Pennsylvania Society for Clinical Social Work, the National Association of Social Workers and other public commentators expressed concern for licensed social workers who will have met 3,600 post masters degree hours of supervised clinical experience, but did not know what supervision would be required of them because the regulations had not been established when they were accumulating their 3,600 hours. These commentators recommended that the Board provide some transition period for these individuals so that they do not have to start their supervised experience again because this would place an unfair burden on them. The Board agrees with this recommendation and acknowledges that MFTs and professional counselors will face the same problem. Therefore, the Board added subsection (c) to §§ 47.12c, 48.13 and 49.13. This subsection provides that, for hours of supervised clinical experience which were obtained within 5 years prior to the effective date of adoption of the final-form rulemaking, an applicant must present evidence of having acquired at least half of those hours under the supervision of an individual in the supervisee's profession. The applicant must also have acquired hours of supervision at a ratio of 2 hours of supervision per 40 hours of supervised clinical experience, half of which may be in group supervision and at least half of which must be provided by an individual in the supervisee's profession. Hours accumulated after the effective date of the final-form rulemaking would need to meet the requirements of subsection (b). Further, subsection (c) provides that the standards for supervisors in §§ 47.12d, 48.14 and 49.14 (relating to standards for supervisors) do not apply to this supervised clinical experience obtained prior to the effective date of adoption of the final-form regulations, because again, these standards would not have been known to the supervisors or the supervisees at the time they were accumulating the experience.
Sections 47.12d, 48.14 and 49.14. Standards for supervisors.
IRRC questioned whether paragraph (3) provides for disqualification of a supervisor subject to disciplinary action. This paragraph will apply only to supervisors whose licenses have been actively suspended or revoked. It does not apply to situations when an individual has simply been charged with a violation. The paragraph sets forth consequences that will follow in the event a supervisor's license has been so disciplined. The supervisor shall immediately notify the supervisee of the action and immediately cease supervision. Credit will be given for hours completed prior to the disciplinary action. The supervisee shall obtain a new supervisor to complete the required experience.
In paragraph (7), IRRC questioned how a supervisor would ensure that the supervisee's status was made known to each patient or client of the supervisee. Subsection (b)(3), in §§ 47.12c, 48.13 and 49.13 requires a supervisee to obtain written permission to discuss the client's case with the supervisor. A supervisor may simply ask to see the client's written permission.
IRRC also had several questions and comments regarding paragraphs (8), (9), (11), (13) and (14). It is an important part of supervision that a supervisor establish objectives for the supervisee (paragraph (8)). Further, the Board believes the supervisor should make recommendations to the supervisee bearing on further professional development, professional study and skills necessary for independent practice (paragraph (13)). There is no requirement in either paragraph (8) or (13) that the objectives and recommendations be in writing. However, supervisors will be asked to attest to compliance with the standards in §§ 47.12d, 48.14 and 49.14 on the verification of experience form which will accompany the supervisee's application for licensure. The supervisor must prepare written evaluations which delineate the supervisee's strengths and weaknesses, and review these on a quarterly basis with the supervisee (paragraph (14)). The Board believes it is necessary to discuss these evaluations on a quarterly basis so the supervisee can make steady progress in his professional development. Additionally, IRRC questioned where the ''issues of practice and ethics'' referred to in paragraph (9) could be found. Presently, this paragraph refers to the standards of acceptable and prevailing practice in the professional community. However, this paragraph would also refer to any regulations the Board may promulgate at a later date implementing Board standards. Finally, IRRC and some public commentators questioned why paragraph (11) requires the supervisor to observe client-patient sessions of the supervisee and noted that if the supervisor and supervisee are in separate organizations this may be difficult to accomplish. However, this provision states that a supervisor shall observe the client patient sessions of the supervisee or review recordings of these sessions on a regular basis. The Board wrote this provision specifically so that a supervisor would have the choice of observing the sessions, or in the alternative, reviewing recordings of these sessions. The Board chose to use the word ''recordings'' without any modifiers. Therefore, any type of recording would be allowed whether it is audio, video or written. IRRC also stated that the requirement that these sessions be reviewed ''on a regular basis'' was vague. Therefore this paragraph has been amended to remove this phrase.
Sections 47.13b, 48.15 and 49.15. Exemption from licensure examination.
IRRC questioned whether the applications referred to in paragraph (2) are available and how applicants will know to apply before the February 19, 2002, deadline. (Editor's Note: The act of February 13, 2002 (P. L. 83, No. 4) extended the deadline for the filing of an application by 1 year.) Applications will be available upon adoption of the final-form rulemaking. Applicants will be notified by publication of the final-form rulemaking in the Pennsylvania Bulletin and on the Board's website. Additionally, professional organizations have been very involved in this process and will most likely post a notice on their websites as well. IRRC also inquired about the ''required fee'' and the need for the Board to establish these fees and include them in the final-form rulemaking. The fees have been established and the Board has submitted a proposed rulemaking package which is currently in the review process.
The HPLC, IRRC and several public commentators noted that the correct deadline for paragraph (3) is February 19, 2002, and it has been amended to reflect this change.
The HPLC, IRRC and many public commentators objected to the proof of practice requirements in paragraph (4). Specifically, they were concerned that the requirement that an applicant's practice consist of at least 15 hours per week, with 10 of those hours consisting of direct client contact, would unfairly exclude experienced professionals who practice in supervisory, administrative, academic or other capacity in which hours are irregular and the client contact minimal. This was not the Board's intent. Originally the hourly requirement was directed at individuals who work part-time in a client practice. However, the Board agrees with commentators that there are many different types of work environments, and a weekly, hourly requirement does not fit every situation. Therefore the Board has amended this paragraph by deleting the hourly requirement. Instead, the Board will simply review the applications to determine whether the applicant has demonstrated proof of practice within the given work environment.
The HPLC, IRRC and the PACP commented that the AAMFT does not approve continuing education courses, and recommended that the list of appropriate continuing education in § 48.15(5)(v) and (vi) be expanded. The commentators also recommended expanding the list of appropriate continuing education in § 49.15(5)(iv)(C) to include courses offered by professional organizations and accredited institutions. The Board agrees, and amended these sections by incorporating language suggested by PACP. IRRC also questioned what the Board means by ''master's level difficulty'' in these sections. The purpose of the continuing education in these sections is to make up the difference between a master's degree that is not less than 36 semester hours and the 48 semester hours master's degree needed for licensure by exemption from examination. To that end, the continuing education for these sections should include materials that are the same level of quality and content as a course in a master's degree program. To allow anything less than a master's level difficulty would defeat the purpose.
In § 48.15(6), IRRC questioned whether ''clinical membership status from AAMFT'' and professional certification are the same thing. This is the only professional certification available to MFTs, and satisfies the requirement of the act. This section also lists the examinations approved by the Board for the purpose of licensure by exemption from examination (grandfathering) only. IRRC had questions about ''examinations given by other states'' and in what situations they would be acceptable to the Board. In addition to the Association of Marital and Family Therapy Regulatory Boards National MFT examination, the Board will accept an examination given by another state as a requirement for licensure in that state. At least one state (California) has its own examination for licensure. Consequently, there are qualified, experienced individuals now living and practicing in this Commonwealth who passed a state licensing exam rather than the National MFT exam. The Board believes the state licensing exams are equivalent to the National MFT exam for grandfathering purposes.
After receiving a large number of public comments, as well as recommendations from the HPLC and IRRC, the Board amended the list set forth in § 49.15(6) to include certifications for addictions counselors. The Board added the Certified Addiction Counselor credential with the AAODA given by IC & RC and also the Master's Addictions Counselor credential with the Examination for Master's Addictions Counselors given by the NBCC.
Sections 48.16 and 49.16. Application for licensure by reciprocity.
IRRC and some commentators noted that existing § 47.14 (relating to application for licensure by reciprocity) establishes the Board's reciprocity process for social workers licensed in other states, and cited the need for similar reciprocity provisions for clinical social workers, MFTs and professional counselors. The Board agrees and added §§ 48.16 and 49.16 which mirrors the existing language in § 47.14. There is no need to add a separate section for clinical social workers as § 47.14 will apply to them.
Miscellaneous Issues
IRRC commented that the statutory provision in section 2 of the act (63 P. S. § 1920.2) is an important safeguard to make sure licensees only practice in their area of expertise, and questioned why the Board did not include this provision in the amendments to Chapters 47--49. First, this final-form rulemaking only addresses definitions and licensure qualifications. Second, this is a statutory provision already existing in the act itself, and licensees must comply with this requirement. Therefore it is unnecessary to include it in the regulations.
IRRC also asked what recourse or safeguard there is for a supervisee if the Board determines a supervisor is not qualified? The regulations are very clear about both the qualifications for supervisors as well as the standards for supervisors. Supervisees will look to the regulations for guidance when choosing a supervisor. If a supervisee has questions about whether an individual meets the requirements for supervisors, the supervisee can write the Board with concerns prior to engaging that person as a supervisor. As with all licensing acts, it is ultimately the applicant's/licensee's responsibility to be in compliance with the statutory and regulatory requirements.
IRRC and some professional organizations made recommendations concerning typographical errors and section reference errors. These corrections have been made.
E. Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
The Board reviewed this final-form rulemaking and considered its purpose and likely impact on the public and the regulated population under the directives of Executive Order 1996-1, ''Regulatory Review and Promulgation.'' Additionally, in accordance with Executive Order 1996-1, the Board, in developing the rulemaking, solicited comments from the major professional associations representing the social workers and the new licensure classes.
F. Fiscal Impact and Paperwork Requirements
The final-form rulemaking would have a fiscal impact and impose additional paperwork requirements on the Commonwealth in that there are three new licensure groups for which applications would be processed and fees would be received.
The amendments should not impose any legal, accounting or reporting requirements on the regulated community.
G. Sunset Date
The Board continually monitors the effectiveness of its regulations through communication with the regulated population; accordingly, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 24, 2001, the Board submitted a copy of the notice of proposed rulemaking published at 31 Pa.B. 1571, to IRRC, the SCP/PLC and the HPLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the SCP/PLC and the HPLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Board has considered the comments received from IRRC, the HPLC and the public. The Board did not receive comments from the SCP/PLC.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on January 7, 2002, this final-form rulemaking was deemed approved by the HPLC and the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on January 10, 2002, and approved the final-form rulemaking.
I. Contact Person
Further information may be obtained by contacting Clara Flinchum, Administrative Assistant, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1389.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 280), know as Commonwealth Documents Law (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 31 Pa.B. 1571.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing acts identified in Part B of this Preamble.
K. Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapters 47--49, are amended by amending §§ 47.11 and 47.12, by adding §§ 47.12a and 47.12b and by deleting § 47.13 to read as set forth at 31 Pa.B. 1571; and by amending § 47.1 and by adding §§ 47.1a, 47.12c, 47.12d, 47.13b, 48.1--48.3, 48.11--48.16, 49.1--49.3 and 49.11--49.16 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
THOMAS F. MATTA, Ph.D.,
Chairperson(Editor's Note: The addition of §§ 48.16, 49.3 and 49.16 was not included in the proposed rulemaking at 31 Pa.B. 1571. For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 477 (January 26, 2002).)
Fiscal Note: Fiscal Note 16A-694 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 47. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF SOCIAL WORKERS
GENERAL PROVISIONS § 47.1. Definitions.
The following words and terms, when used in this chapter have the following meanings, unless the context clearly indicates otherwise:
Accredited program--A graduate school social work or social welfare program offered by a school accredited by the Council on Social Work Education.
Accredited school--A graduate school accredited by the Council on Social Work Education.
Act--The Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §§ 1901--1922).
Board--The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
Licensed clinical social worker--A person who is currently licensed as a licensed clinical social worker under section 7 of the act (63 P. S. § 1907).
Licensed social worker--A person who is currently licensed as a licensed social worker under section 7 of the act.
Provisional licensed social worker--A person who is currently licensed as a provisional licensed social worker under section 7 of the act.
Related field--Includes the fields of psychiatry, psychology, marriage and family therapy, counseling, art therapy, dance/movement therapy, drama therapy, music therapy, human services and counseling education.
Supervisee--An individual who is fulfilling the supervised experience requirement for licensure as a clinical social worker.
Supervision--The act of overseeing, directing or instructing the activity or course of action of another.
Supervisor--An individual providing supervision to a supervisee who meets the criteria in § 47.1a (relating to qualifications for supervisors).
§ 47.1a. Qualifications for supervisors.
To qualify as a supervisor, an individual shall meet one of the following criteria:
(1) Hold a license as a clinical social worker and have 5 years of experience within the last 10 years as a clinical social worker.
(2) Hold a license and a master's or doctoral degree in a related field, and have 5 years experience within the last 10 years in that field.
(3) Until January 1, 2006, the following criteria:
(i) Practices as a clinical social worker.
(ii) Have 5 years experience within the last 10 years as a clinical social worker.
(iii) Hold a license to practice as a social worker in this Commonwealth.
LICENSURE § 47.12c. Licensed clinical social worker.
(a) Conditions for licensure. To be issued a license to hold oneself out as a licensed clinical social worker, an applicant shall provide proof satisfactory to the Board, that the applicant has met the following conditions:
(1) Satisfied the general requirements for licensure of § 47.12 (relating to qualifications for licensure).
(2) Holds a master's degree in social work or social welfare or a doctoral degree in social work from a school accredited by the Council on Social Work Education. An applicant who is a graduate of a foreign school shall submit to the Board an evaluation of foreign credentials performed by the Council on Social Work Education, which assesses the foreign credentials to be the equivalent of the curriculum policy of an accredited graduate school during the same time period, to be considered as meeting the requirements of having earned a master's degree in social work or social welfare from an accredited school.
(3) Is licensed under the act as a social worker.
(4) Passed the examination required by § 47.11 (relating to licensure examination).
(5) Completed at least 3 years or 3,600 hours of supervised clinical experience meeting the criteria in subsection (b) after completion of the master's degree in social work. Supervision for the clinical experience shall be provided by a supervisor as defined in §§ 47.1 and 47.1a (relating to definitions; and qualifications for supervisors).
(b) Supervised clinical experience. Experience acceptable to the Board means experience as a supervisee in a setting that is organized to prepare the applicant for the practice of clinical social work consistent with the applicant's education and training.
(1) At least one-half of the experience shall consist of providing services in one or more of the following areas:
(i) Assessment.
(ii) Psychotherapy.
(iii) Other psychosocial-therapeutic interventions.
(iv) Consultation.
(v) Family therapy.
(vi) Group therapy.
(2) Supervision for the clinical experience shall be provided by a supervisor as defined in §§ 47.1. and 47.1a. However, 1,800 hours shall be supervised by a supervisor meeting the qualifications in § 47.1a(1) and (3).
(3) A supervisee shall disclose his status as a supervisee to each patient and obtain written permission to discuss the patient's case with the supervisor.
(4) The supervisor shall oversee, direct, recommend and instruct the clinical social work activities of the supervisee.
(i) A supervisor who is temporarily unable to provide supervision shall designate another supervisor as a substitute.
(ii) Although the supervisor shall continue to bear the ultimate responsibility for supervision, those to whom supervisory responsibilities are delegated shall be individually responsible for activities of the supervisee performed under their supervision.
(5) The supervisor, or one to whom supervisory responsibilities have been delegated, shall meet with the supervisee for a minimum of 2 hours for every 40 hours of supervised clinical experience. At least 1 of the 2 hours shall be with the supervisee individually and in person, and 1 of the 2 hours may be with the supervisee in a group setting and in person.
(6) A supervisor shall supervise no more than 6 supervisees at the same time. If this provision creates an undue hardship on a supervisee, the supervisor and supervisee may request an exception to this provision. The request shall state, in writing, the reasons why this provision creates a hardship on the supervisee and why the supervisee is not able to obtain a supervisor who meets the requirements of this provision. Before making a determination, the Board may require a personal appearance by the supervisee and supervisor.
(7) A supervisor who wishes to terminate supervision during the training period shall give the supervisee 2 weeks written notice to enable the supervisee to obtain another qualified supervisor. A supervisor may not terminate supervision when termination would result in abandonment of the supervisee's client/patient.
(8) Supervised work activity will be counted toward satisfying the experience requirement only if it takes place in a single setting for either, first, at least 30 hours per week but no more than 50 hours per week during at least a 3 month period or, second, at least 15 hours per week for a period of at least 6 months.
(9) The supervised clinical experience shall be completed in no less than 2 years and no more than 6 years, except that no less than 600 hours and no more than 1,800 hours may be credited in any 12-month period.
(c) Supervised clinical experience obtained within 5 years prior to March 2, 2002.
(1) For hours of supervised clinical experience obtained within 5 years prior to March 2, 2002, the applicant shall present evidence of having acquired at least one-half of those hours under the supervision of a clinical social worker. The applicant shall also have acquired hours of supervision at a ratio of 2 hours of supervision per 40 hours of supervised clinical experience, one-half of which may be in group supervision and at least one-half of which shall be provided by a clinical social worker.
(2) Supervised clinical experience obtained under this subsection is not subject to § 47.12d (relating to standards for supervisors).
§ 47.12d. Standards for supervisors.
Supervisors, and those to whom supervisory responsibilities are delegated, under § 47.12c(a)(5) (relating to licensed clinical social worker) shall comply with the standards in this section. Supervisors will be asked to attest to compliance on the verification of experience form which shall accompany the supervisee's application for licensure. The Board reserves the right to require a supervisor by documentation or otherwise to establish to the Board's satisfaction that compliance occurred.
(1) The supervisor shall be qualified by training and experience to practice in the supervisee's areas of supervised practice.
(2) The supervisor may not be a relative of the supervisee by blood or marriage, may not be involved in a dual relationship which obliges the supervisor to the supervisee and may not engage in treatment of the supervisee.
(3) An individual whose license has been actively suspended or revoked by a licensing board will not qualify as a supervisor.
(i) If during the period of supervision, the supervisor's license is suspended or revoked, the supervisor shall immediately notify the supervisee and immediately cease supervision. Credit will be given for hours completed prior to the disciplinary action.
(ii) The supervisee shall obtain a new supervisor to complete the required experience.
(4) The supervisor shall be responsible for ensuring that the requirements of § 47.12c(b) are met.
(5) The supervisor shall be accessible to the supervisee for consultation.
(6) The supervisor shall be empowered to recommend the interruption or termination of the supervisee's activities in providing services to a client/patient and, if necessary, to terminate the supervisory relationship. Any hours accumulated for activities not approved by the supervisor will not count towards satisfying the 3,600 hours of supervised experience.
(7) The supervisor shall ensure that the supervisee's status as a supervisee is made known to the supervisee's patients, and also ensure that the supervisee has obtained written permission from each patient to discuss his case with the supervisor.
(8) The supervisor shall establish objectives to be achieved by the supervisee during supervision.
(9) The supervisor shall review issues of practice and ethics with the supervisee.
(10) The supervisor shall maintain notes or records of scheduled supervisory sessions and provide these records to the Board upon request.
(11) The supervisor shall observe client/patient sessions of the supervisee or review recordings of these sessions.
(12) In supervisory meetings, the supervisor shall discuss the supervisee's level of work--for example, the supervisee's areas of competence and areas of needed improvement.
(13) The supervisor shall provide the supervisee with recommendations bearing on further professional development, professional study and skills necessary for independent practice.
(14) The supervisor shall prepare written evaluations or reports of progress which shall delineate the supervisee's strengths and weaknesses. These evaluations or reports shall be discussed with the supervisee on at least a quarterly basis.
(15) The supervisor shall encourage the supervisee to work with professionals in other disciplines as indicated by the needs of each client/patient and shall periodically observe these cooperative encounters.
(16) The supervisor shall encourage the supervisee to access multidisciplinary consultation, as necessary.
§ 47.13b. Exemption from licensure examination--clinical social workers.
A license will be issued without examination to an applicant who meets the following requirements. The applicant shall have:
(1) Satisfied the general requirements for licensure in § 47.12 (relating to qualifications for licensure).
(2) Submitted an application provided by the Board and accompanied by the required fee.
(3) Submitted an application by February 19, 2002.
(4) Demonstrated proof of practice of clinical social work for at least 5 of the 7 years immediately prior to the date of application for license and that the practice was conducted in this Commonwealth. (Editor's Note: The act of February 13, 2002 (P. L. 83, No. 4) extended the deadline for the filing of an application by 1 year.)
(5) Successfully met the educational requirements of section 9(a)(4) of the act (63 P. S. § 1909(a)(4)). Continuing education submitted by an applicant under section 9(a)(4)(iii) of the act shall meet the following requirements:
(i) Master's level difficulty.
(ii) Direct practice social work subject matter.
(iii) Excludes courses in office management or practice building.
(6) Demonstrated holding the Board Certified Diplomat (BCD) certification issued by the American Board of Examiners in Clinical Social Work, or a Diplomat in Clinical Social Work (DCSW) Certification or Qualified Clinical Social Worker (QSCW) certification issued by the National Association of Social Workers.
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