PROPOSED RULEMAKING
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[49 PA. CODE CHS. 47--49]
Licensure
[31 Pa.B. 1571] The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend §§ 47.1, 47.11 and 47.12 (relating to definitions; licensure examination; and qualifications for licensure), reserve § 47.13 (relating to licensure without examination), add §§ 47.12a--47.12d and 47.13b (relating to licensed social worker; provisional license as a social worker; licensed clinical social worker; standards for supervisors; and exemption from licensure examination--clinical social workers), and add Chapters 48 and 49 (relating to 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 proposed amendments will be effective upon publication of the final-form regulations in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed amendments are 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 Workers' 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 provided three additional licensure groups: (1) licensed clinical social workers; (2) marriage and family therapist; and (3) professional counselors. This proposed rulemaking only addresses definitions and licensure qualifications.
The Board has broken each licensure group into separate chapters: Chapter 47--Licensure of Social Workers; Chapter 48--Licensure of Marriage and Family Therapists; and Chapter 49--Licensure of Professional Counselors. Several requirements for licensure are common to all three groups, and, as a result, are repeated in each individual chapter. To provide the most guidance to licensees, the Board has drafted its preamble in two sections for each of the three chapters. Section 1 organizes statutory and corresponding proposed regulatory provisions by subject matter. Section 2 provides substantive interpretations of the proposed amendments and additions.
D. Description of Proposed Amendments and Additions
Chapter 47. (relating to licensure of social workers)
Section 1. Organization
The proposed amendments track statutory language. The following chart indicates the organization and authority for the amendments. For ease of reference, the first column contains the statutory citation, the second column contains the proposed regulatory citation and the third column contains the subject matter.
STATUTE PROPOSED
REGULATIONSUBJECT
MATTERSection 1903 § 47.1 Definitions Section 1907(d)(4) § 47.11 Examinations Section 1907(d) § 47.12 General qualifications
for licensureSection 1907(a-d) § 47.12a
§ 47.12b
§ 47.12c
§ 47.12d
Qualifications for licensure:
Social work
Provisional social work
Clinical social work
Standards for supervisorsSection 1909(a) § 47.13b Exemption from licensure examination/clinical social workers Section 2. Substantive interpretations of proposed amendments
Current § 47.1 is proposed to be amended to reflect the addition of marriage and family therapists and professional counselors to the title of Act 136 and the name of the Board. It would also be amended to add a definition for ''supervisor,'' ''supervisee'' and ''licensed clinical social worker.''
The act requires a supervised clinical experience as one of the qualifications for licensed clinical social workers. The Board believes supervision should be provided by an individual who is a licensed clinical social worker with 5 years of experience or by an individual who holds a license in a related field with 5 years of experience in that related field. The Board would allow for a 5 year period in which a supervisor may be an individual who is a clinical social worker with 5 years experience as a clinical social worker and is licensed as a social worker.
Section 47.11 is proposed to be amended to reflect the change of names for the American Association of State Social Work Boards to its current name of Association of Social Work Boards (ASWB), and the State Board of Social Work Examiners to the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors. Section 47.11 would also be amended to add the clinical level examination given by ASWB as the examination required for licensure as a clinical social worker.
Current § 47.12 is proposed to be amended to reorganize the existing qualifications for licensure for social workers and provisional licensed social workers and add the provisions for licensure of clinical social workers. Section 47.12 would become the general qualifications for licensure for these three separate groups. Section 47.12a lists the qualifications for a licensed social worker; § 47.12b lists the qualifications for provisional licensure of social workers; and § 47.12c lists the qualifications for licensure of clinical social workers. There are no substantive changes to the provisions for a licensed social worker and provisional licensed social worker apart from the reorganization.
Proposed § 47.12c would add qualifications for licensure as a clinical social worker. It follows the statutory language of the act. The Board believes it would be helpful for licensees to have these qualifications placed in the regulations as well as the act for their convenience.
In addition to tracking the statutory language, this section sets forth the Board's requirements for the supervised clinical experience. (Supervised experience is also required for licensure of marriage and family therapists and professional counselors, and the provisions in this section of this chapter are repeated in the chapters for the other two licensure groups.) The Board's goal is to establish criteria that would ensure a quality learning experience for supervisees. Supervisees should receive experience in specific areas, be supervised by qualified supervisors and have regular contact with supervisors who would review and discuss cases with the supervisee and direct the supervisee's patient therapy. The Board would limit the number of persons an individual could supervise at one time to ensure that the supervisor would be available to the supervisee. Finally, the Board would establish a minimum length of time with a minimum number of hours that a supervisee must work at any one supervised clinical experience setting. This would allow supervisees the flexibility of moving from one supervised experience setting to another while ensuring they are at one place long enough to develop relationships with their supervisors and patients as well as learn from their experience. The Board reviewed the State Board of Psychology's regulations in § 41.31(c)(1)(iii) (relating to qualifications for taking licensing examination) to arrive at the length of time and hours in this provision, because this is a board in a related field which also requires a supervised experience.
In drafting the proposal, the Board considered having all of the required 3,600 hours of supervised clinical experience supervised by a licensed clinical social worker. The Board decided that the first 1,800 hours of supervision would be provided by an individual who is a licensed clinical social worker. The remaining 1,800 hours could be provided by an individual who holds a license in a related field with 5 years of experience in that related field. Since it may be difficult to find enough licensed clinical social workers to provide supervision for all supervisees in remote areas of this Commonwealth, this proposal would make it easier for supervisees to locate a supervisor. Additionally, allowing individuals licensed in other mental health fields to supervise would provide a broader experience for licensees. Finally, the Board received input from professional organizations and individuals suggesting that other mental health professionals be allowed to provide half of the supervision.
Proposed § 47.12d sets forth standards for supervisors. The Board believes that the supervised clinical experience should provide a quality learning experience for supervisees, which depends in part on the quality of supervision. In addition to providing that a supervisor should be qualified and accessible to the supervisee for consultation, as well as unbiased in their provision of services to the supervisee, this section provides guidance and direction to individuals regarding their duties and responsibilities as a supervisor. Section 47.12d also gives clear guidance to the supervisees regarding what they can and should expect from their supervisors. Finally, this section empowers the supervisor to recommend the interruption or termination of a supervised activity in providing services to a client/patient and if necessary to terminate the supervisory relationship. Unapproved hours would not count towards satisfying the clinical experience. This provision recognizes that there may be a situation in which the supervisor and the supervisee are not in the same work setting; therefore, the supervisor has no control over the supervised work outside of the supervisor/supervisee relationship. If the supervisor is uncomfortable with, or opposed to the supervisee's treatment plan for a patient, or suggests an alternative plan which the supervisee refuses to follow, the supervisor then has the option of not approving those hours for the clinical experience, or, if necessary, terminating the relationship with the supervisee.
Proposed § 47.13b, regarding exemption from licensure examination for clinical social workers, closely tracks the statutory language. This section would also establish a minimum number of work hours per week to satisfy the requirement of proof of practice of clinical social work and the criteria for continuing education which is satisfactory to the Board under section 1909(a)(4)(iii) of the act. Finally, this section lists the certifications acceptable to the Board for the purposes of this section.
Chapter 48. (relating to licensure of marriage and family therapists)
Section 1. Organization
The proposed addition tracks statutory language. The following chart indicates the organization and authority for the addition. For ease of reference, the first column contains the statutory citation, the second column contains the proposed regulatory citation and the third column contains the subject matter.
STATUTE PROPOSED
REGULATIONSUBJECT
MATTERSection 1903 § 48.1
§ 48.2
§ 48.3
Definitions
Educational requirements
Qualifications for supervisor
Section 1907(e)(4) § 48.11 Examination Section 1907(e) § 48.12 General qualifications for licensure Section 1907(e) § 48.13
§ 48.14Requirements for licensure
Standards for supervisorsSection 1909(b) § 48.15 Exemption from licensure examination Section 2. Substantive interpretations of proposed addition
Proposed § 48.1 (relating to definitions) would include definitions for ''AAMFT,'' ''AMFTRB,'' ''accredited educational institution,'' ''act,'' ''Board,'' ''COAMFTE,'' ''doctoral degree in marriage and family therapy,'' ''field closely related to the practice of marriage and family therapy,'' ''graduate level coursework in marriage and family therapy acceptable to the Board,'' ''masters degree in marriage and family therapy,'' ''planned program of 60 semester hours or 90 quarter hours which is closely related to marriage and family therapy,'' ''program recognized by a National accrediting agency,'' ''supervisee,'' ''supervision'' and ''supervisor.''
The act makes numerous references to the provision ''accredited institution.'' There are no organizations in the field of marriage and family therapy that accredit institutions. Therefore, the Board defines an accredited institution as one accredited by a regional accrediting association recognized by the Council for Higher Education Accreditation (CHEA).
Section 48.1 also contains definitions for several different educational degrees and programs. These degrees and programs are found in the qualifications for licensure section of the act. When reviewing the educational requirements for licensure, an individual can refer to the definition section for the particular program or degree.
The act requires a supervised clinical experience as one of the qualifications for licensed marriage and family therapists. The Board believes supervision should be provided by an individual who is a licensed marriage and family therapist holding a certification from the American Association for Marriage and Family Therapy as an approved supervisor or supervisor-in-training, or by an individual who holds a license in a related field with 5 years of experience in that related field. The Board would allow for a 10-year period in which an individual may act as a supervisor so long as the individual is licensed, has received coursework in supervision and has 5 years experience as a marriage and family therapist.
Proposed § 48.2 (relating to educational requirements) lists the courses that would be required in the educational degrees, programs and graduate level coursework referred to in both the act and the proposed definitions section regarding qualification for licensure. There was much discussion amongst Board members, as well as input from professional organizations and individuals, regarding the need for establishing educational requirements for programs or requiring program accreditation. The alternative was to accept any program so long as it was from an accredited institution, regardless of program content. The Board considered several factors. First, social work programs must, by regulation, be accredited by the Council on Social Work Education (CSWE). Establishing educational criteria or requiring program accreditation for professional counselors and marriage and family therapists, would insure parity for all three licensure groups under this licensing Board. Second, the Board believes that all programs should meet a minimum threshold level of education and training. Requiring accreditation or establishing educational requirements provides minimum standards and uniformity over time and across educational institutions holding students accountable to National standards. Consequently, the Board decided that it should require accreditation or establish educational requirements.
The Board believes that program accreditation is a plus, but not necessary. Program accreditation is a lengthy and expensive process, creating a burden on institutions as well as limiting the availability of programs for students. It chose instead to establish educational requirements for programs. The Board looked to the Commission on Marriage and Family Therapy Education for guidance as it is the only organization that approves programs. By adopting the educational requirements used by the Commission on Accreditation for Marriage and Family Therapy Education in its accreditation process, the programs would be more uniform, meet minimum standards and hold students accountable to National standards.
The educational requirements are in this section for clarity and easy guidance for both institutions and licensees. When reviewing the educational requirements for licensure, an individual can refer to the definition section for the particular program or degree, which would then refer the individual to this section.
Proposed § 48.3 (relating to qualifications for supervisor until January 1, 2010) sets forth the qualifications an individual must satisfy to act as a supervisor if the individual has not yet received certification as either an approved supervisor or supervisor-in-training. The Board believes that, at a minimum, the individual should be licensed as a marriage and family therapist, have 30 hours of coursework in marriage and family therapy supervision and have 5 years experience in marriage and family therapy.
Proposed § 48.11 (relating to licensure examination) sets forth the examination the Board would require for licensure. Currently there is only one examination, the National Marriage and Family Therapist Examination, offered by the Association of Marital and Family Therapy Regulatory Boards. This section also sets forth the procedure for taking the examination.
Proposed § 48.12 (relating to general qualifications for licensure) lists the more general qualifications for licensure, including moral character, conviction of a felony and the procedures for submitting an application.
Proposed § 48.13 (relating to licensed marriage and family therapist) lists the qualifications for licensure as a marriage and family therapist. This section tracks statutory language, and addresses examinations, educational requirements and supervised clinical experience. The Board believes it would be helpful to individuals to have these qualifications placed in the regulation, as well as the act for their convenience.
As discussed earlier, the Board decided to define the educational degrees and programs required for licensure as meeting certain educational requirements. To keep this section as clear as possible, the Board chose to define the educational degrees and programs in the definition section, with the educational requirements for those degrees and programs set out specifically in § 48.2. Otherwise, this section could very quickly become lengthy and cumbersome.
In addition to tracking the statutory language, this section sets forth the Board's requirements for the supervised clinical experience. (Supervised experience is also required for licensure of clinical social workers and professional counselors, and the provisions in this section of this chapter are repeated in the chapters for the other two licensure groups.) The Board's goal is to establish criteria that would ensure a quality learning experience for supervisees. Supervisees should receive experience in specific areas, be supervised by qualified supervisors and have regular contact with supervisors who would review and discuss cases with the supervisee and direct the supervisee's patient therapy. The Board would limit the number of persons an individual may supervise at one time to ensure that the supervisor is available to the supervisee. Finally, the Board would establish a minimum length of time with a minimum number of hours that a supervisee must work at any one supervised clinical experience setting. This allows supervisees the flexibility of moving from one supervised experience setting to another while ensuring they are at one place long enough to develop relationships with their supervisors and patients and learn from their experience. The Board looked to the State Board of Psychology's regulations in § 41.31(c)(1)(iii) to arrive at the length of time and hours in this provision, because this is a Board in a related field, which also requires a supervised experience.
The Board discussed having all of the required 3,600 hours of supervised clinical experience supervised by a licensed marriage and family therapist. After considering several factors, the Board decided that the first 1,800 hours of supervision would be provided by an individual who is a licensed marriage and family therapist with certification as an approved supervisor or supervisor-in-training. The remaining 1,800 hours could be provided by an individual who holds a license in a related field with 5 years of experience in that related field. Since it may be difficult to find enough licensed marriage and family therapists to provide supervision for all supervisees in remote areas of this Commonwealth, this provision would make it easier for supervisees to locate a supervisor. Additionally, allowing individuals licensed in other mental health fields to supervise would provide a broader experience for licensees. Finally, the Board received input from professional organizations and individuals suggesting that other mental health professionals be allowed to provide half of the supervision.
Proposed § 48.14 (relating to standards to supervisors) sets forth standards for supervisors. The Board believes that the supervised clinical experience should provide a quality learning experience for supervisees, which depends in part on the quality of supervision. In addition to providing that a supervisor should be qualified and accessible to the supervisee for consultation as well as unbiased in his provision of services to the supervisee, this section provides guidance and direction to individuals regarding their duties and responsibilities as a supervisor. Section 48.14 also gives clear guidance to the supervisees regarding what they can and should expect from their supervisors. Finally, this section empowers the supervisor to recommend the interruption or termination of a supervised activity in providing services to a client/patient and, if necessary, to terminate the supervisory relationship. Unapproved hours would not count towards satisfying the clinical experience. This provision acknowledges that there may be a situation in which the supervisor and the supervisee are not in the same work setting and therefore, the supervisor has no control over the supervised work outside of the supervisor/supervisee relationship. If the supervisor is uncomfortable with, or opposed to the supervisee's treatment plan for a patient, or suggests an alternative plan which the supervisee refuses to follow, the supervisor then has the option of not approving those hours for the clinical experience and, if necessary, terminating the relationship with the supervisee.
Proposed § 48.15 (relating to exemption from licensure examination) regarding exemption from licensure examination for marriage and family therapists closely tracks the statutory language. This section would establish a minimum number of work hours per week to satisfy the requirement of proof of practice of marriage and family therapy and the criteria for continuing education satisfactory to the Board under section 1909(b)(4)(iii) of the act. This section also lists the professional certifications and examination acceptable to the Board for the purposes of this section.
Chapter 49. (relating to licensure of professional counselors)
Section 1: Organization
The proposed regulations track statutory language. The following chart indicates the organization and authority for the additions. For ease of reference, the first column contains the statutory citation, the second column contains the proposed regulatory citation and the third column contains the subject matter.
Professional Counselors
STATUTE PROPOSED
REGULATIONSUBJECT MATTER Section 1903 § 49.1
§ 49.2
Definitions
Educational requirementsSection 1907(f)(4) § 49.11 Examination Section 1907(f) § 49.12 General qualifications for licensure Section 1907(f) § 49.13
§ 49.14
Requirements for licensure
Standards for supervisorsSection 1909(c) § 49.15 Exemption from licensure examination Section 2: Substantive interpretations of proposed addition
Proposed § 49.1 (relating to definitions) would include definitions for ''accredited educational institution,'' ''act,'' ''Board,'' ''CACREP,'' ''CORE,'' ''doctoral degree in a field closely related to the practice of professional counseling,'' ''doctoral degree in professional counseling,'' ''field closely related to the practice of professional counseling,'' ''planned program of 60 semester hours or 90 quarter hours of graduate coursework in counseling or a field closely related to the practice of professional counseling,'' ''supervisor,'' ''supervision'' and ''supervisee.''
The act makes numerous references to the provision ''accredited educational institution.'' There are at least two National accrediting organizations in the counseling field: the Council on Rehabilitation Education (CRE) and the Council for Accreditation of Counseling and Related Education Programs (CACREP). The Board believes that program accreditation is a plus, but not necessary. Program accreditation is a lengthy and expensive process, creating a burden on institutions as well as limiting the availability of programs for students. Therefore, the Board defines accredited educational institution as one which is accredited by a regional accrediting association recognized by CHEA, an accreditation already held by most institutions.
Section 49.1 also contains definitions for several different educational degrees and programs. These degrees and programs are found in the qualifications for licensure section of the act. When reviewing the educational requirements for licensure, an individual can refer to the definition section for the particular program or degree.
The act requires a supervised clinical experience as one of the qualifications for licensed professional counselors. The Board believes supervision should be provided by an individual who is a licensed professional counselor with 5 years experience, or by an individual who holds a license in a related field with 5 years of experience in that related field. The Board would allow for a 5-year period in which a supervisor may be an individual who is a professional counselor with 5 years experience as a professional counselor.
Proposed § 49.2 (relating to educational requirements) lists the courses that would be required in the educational degrees and programs referred to in both the act and the proposed definitions section regarding qualification for licensure. The Board received input from professional organizations and individuals, regarding the need for establishing educational requirements for programs or requiring program accreditation. The alternative was to accept any program so long as it was from an accredited institution, regardless of program content. The Board considered several factors. First, social work programs must, by regulation, be accredited by CSWE. Establishing educational criteria or requiring program accreditation for professional counselors and marriage and family therapists would insure parity for all three licensure groups under this licensing Board. Second, the Board believes that all programs should meet a minimum threshold level of education and training. Additionally, the counseling profession encompasses numerous branches and specialties. Requiring accreditation or establishing educational requirements provides minimum standards and uniformity over time and across educational institutions holding students accountable to National standards. Consequently, the Board decided that it should require accreditation or establish educational requirements.
The Board believes that program accreditation is a plus, but not necessary. Program accreditation is a lengthy and expensive process, creating a burden on institutions as well as limiting the availability of programs for students. It chose instead to establish educational requirements for programs. The Board looked to the curriculum requirements used by CRE and CACREP for guidance. These are well recognized accrediting organizations in his profession of counseling and thus a reliable, credible resource for the Board. The requirements of these two organizations were very similar. However, the Board decided to adopt the educational requirements used by CACREP. After a comparison of different programs with varying curriculum, the Board is satisfied that most counseling programs would satisfy the requirements established by the Board. Additionally, the Board asked professionals in related fields to review the educational requirements and was told that their programs would also be able to meet the Board's criteria. The educational requirements total 16 semester or 24 quarter hours out of a 60 semester hour or 90 quarter hour program, and also includes 100 hours of supervised practicum experience and 600 clock hours of supervised internship experience. These basic requirements make up a small part of the overall planned program required for licensure, allowing the various programs and specialty degrees to continue to concentrate on their individual areas while ensuring that the programs would be more uniform, meet minimum standards and hold students accountable to National standards. The goal is to be as inclusive as possible in this diverse field, and yet maintain uniform, quality counseling programs for licensure.
The educational requirements are in this section for clarity and easy guidance to institutions and licensees. When reviewing the educational requirements for licensure, an individual can refer to the definition section for the particular program or degree, which would then refer the individual to this section.
Proposed § 49.11 (relating to licensure examination) sets forth the examinations the Board would require for licensure. Again, because of the diversity of this profession, there are numerous organizations and associations offering certifications and examinations. The Board discussed the various examinations available and found that one examination would not be sufficient. However, there are four examinations that are recognized Nationally and common to many of the varying disciplines and specialties, and therefore appropriate examinations for licensure. These are the National Counselor Examination, the Certified Rehabilitation Counselor Examination, the Art Therapy Credentials Board Certification Examination and the Board Certification Examination given by the Certification Board for Music Therapists. The Board did consider requests by the Northamerican Association of Masters in Psychology (NAMP) and other individuals to include that organization's National Certified Psychologist Examination. After review and discussion, the Board concluded that the examination for licensure as a professional counselor should be an examination in the professional counseling field and, consequently, the National Certified Psychologist Examination would not be an appropriate examination for licensure. The Board did determine that the NAMP certification and examination would be acceptable as a professional certification and National certification examination required as one of the qualifications for exemption from licensure examination. Section 49.11 also sets forth the procedure for taking the examination.
Proposed § 49.12 (relating to general qualifications for licensure) lists the more general qualifications for licensure including moral character, conviction of a felony and the procedures for submitting an application.
Proposed § 49.13 (relating to licensed professional counselor) lists the qualifications for licensure. This section tracks statutory language and addresses examinations, educational requirements and supervised clinical experience. The Board believes it would be helpful to individuals to have these qualifications placed in the regulations as well as the act for their convenience.
The Board decided to define the educational degrees and programs required for licensure as meeting certain educational requirements. To keep this section as clear as possible, the Board chose to define the educational degrees and programs in the definition section, with the educational requirements for those degrees and programs set out specifically in § 49.2. Otherwise, this section could very quickly become lengthy and cumbersome.
In addition to the statutory language, this section sets forth the Board's requirements for the supervised clinical experience. (This supervised experience is also required for licensure of clinical social workers and marriage and family therapists, and the provisions in this section of this chapter are repeated in the chapters for the other two licensure groups.) The Board's goal is to establish criteria that would ensure a quality learning experience for supervisees. Supervisees should receive experience in specific areas, be supervised by qualified supervisors, and have regular contact with supervisors who would review and discuss cases with the supervisee and direct the supervisee's patient therapy. The Board would limit the number of persons an individual could supervise at one time to ensure that the supervisor is available to the supervisee. Finally, the Board would establish a minimum length of time with a minimum number of hours that a supervisee must work at any one supervised clinical experience setting. This would allow supervisees the flexibility of moving from one supervised experience setting to another while ensuring they are at one place long enough to develop relationships with their supervisors and patients and learn from their experience. The Board reviewed the State Board of Psychology's regulations in § 41.31(c)(1)(iii) to arrive at the length of time and hours in this provision, because this is a Board in a related field, which also requires a supervised experience.
The Board discussed having all of the required 3,600 hours of supervised clinical experience supervised by a licensed professional counselor. After considering several factors, the Board decided that the first 1,800 hours of supervision would be provided by an individual who is a licensed professional counselor. The remaining 1,800 hours could be provided by an individual who holds a license in a related field with 5 years of experience in that related field. Since it may be difficult to find enough licensed clinical social workers to provide supervision for all supervisees in remote areas of this Commonwealth, this provision would make it easier for supervisees to locate a supervisor. Additionally, allowing individuals licensed in other mental health fields to supervise would provide a broader experience for licensees. Finally, the Board received input from professional organizations and individuals suggesting that other mental health professionals be allowed to provide half of the supervision.
Proposed § 49.14 (relating to standards for supervisors) sets forth standards for supervisors. The Board believes that the supervised clinical experience should provide a quality learning experience for supervisees, which depends in part on the quality of supervision. In addition to providing that a supervisor should be qualified and accessible to the supervisee for consultation, as well as unbiased in their provision of services to the supervisee, this section provides guidance and direction to individuals regarding their duties and responsibilities as a supervisor. Section 49.14 also gives clear guidance to the supervisees regarding what they can and should expect from their supervisors. Finally, this section empowers the supervisor to recommend the interruption or termination of a supervised activity in providing services to a client/patient and, if necessary, to terminate the supervisory relationship. Unapproved hours would not count towards satisfying the clinical experience. This provision recognizes that there may be a situation in which the supervisor and the supervisee are not in the same work setting and therefore, the supervisor has no control over the supervised work outside of the supervisor/supervisee relationship. If the supervisor is uncomfortable with, or opposed to the supervisee's treatment plan for a patient, or suggests an alternative plan which the supervisee refuses to follow, the supervisor then has the option of not approving those hours for the clinical experience and, if necessary, terminating the relationship with the supervisee.
Proposed § 49.15 (relating to exemption from licensure examination) regarding professional counselors closely tracks the statutory language. This section would establish a minimum number of work hours per week to satisfy the requirement of proof of practice of professional counseling; establish the criteria for continuing education which is satisfactory to the Board under section 1909(c)(4)(iii) of the act; and list the professional certifications and examinations acceptable to the Board for the purposes of this section. The Board chose these certifications and examinations because they are representative of the counseling profession and are comparable in their requirements for certification.
E. Compliance with Executive Order 1996-1
In compliance with Executive Order 1996-1, the Board extended the invitation to the following boards, associations and interested licensees and educators to preliminarily review and comment on the Board's draft regulatory proposal: California University of Pennsylvania Department of Counseling; Indiana University of Pennsylvania, Department of Counseling; Millersville University of Pennsylvania, Department of Counseling; Shippensburg University of Pennsylvania Department of Counseling; Slippery Rock University of Pennsylvania, Department of Counseling; West Chester University of Pennsylvania, Department of Counseling; Pennsylvania State University, Department of Counseling; Pennsylvania State University Erie-The Behrend College, Department of Counseling; University of Pittsburgh, Department of Counseling; MCP Hahnemann University, Department of Counseling; University of Pennsylvania, Department of Counseling; Beaver College Department of Counseling; Bucknell University, Department of Counseling; Eastern College Department of Counseling; James Gavin, National Association of Social Workers; ASWB; Morgan Plant/PA Alliance of Counseling; CSWE; Donna F. Derr, Ph.D., LSW. Director of Family and Community Education, Pennsylvania Society for Clinical Social Work; Edward Beck, Ed.D., CCMHC, NCC/Susquehanna Institute/East Shore Medical Center; David W. Hall, Ph.D. Associate Professor/Counseling/University of Scranton; John M. Sutton, Jr.; Robert C. Nielsen, President, American Association of State Counseling Boards; Sally J. Tice, Ph.D./The Marriage & Family Life Center; Donald B. Kaveny, Director/American Association of Marriage and Family Therapists; James T. Herbert, Ph.D., CRC; and Dr. Tom Trigwell.
The Board reviewed and considered all comments and suggestions received by these and other interested parties during the regulatory development process.
F. Fiscal Impact and Paperwork Requirements
These proposed amendments would have a fiscal impact and additional paperwork requirement on the Commonwealth in that there are three new licensure groups for which applications would be processed and fees would be received.
The proposed amendments should not require any legal, accounting or reporting requirements in the regulated community.
G. Sunset Date
The Board reviews the effectiveness of its regulations on an ongoing basis. Therefore, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of these proposed amendments on March 13, 2001, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House of Professional Licensure Committee and the Senate Consumer Protection and Licensure Committee. In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees with a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1 ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Board within 10 days after the expiration of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed amendments to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to publication of the amendments by the Board, the General Assembly and the Governor of objections raised.
I. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Eva Cheney, Counsel, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, 116 Pine Street, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference number 16A-694 when submitting comments.
MANUEL MANOLIAS,
SecretaryFiscal Note: 16A-694. No fiscal impact; (8) recommends adoption.
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 WORK 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:
* * * * * Act--The Social [Workers' Practice] Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §§ 1901--1922).
* * * * * 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 [3] 7 of the act (63 P. S. § [1903]).
Provisional licensed social worker--A person who is currently licensed as a provisional licensed social worker under section [3] 7 of the act.
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 [a provisional licensed social worker] another.
Supervisor--An individual providing supervision to a supervisee and who is a clinical social worker licensed under the act or by a statutory board or social work examiner of another state, if, in the opinion of the Board, the requirements for licensure are substantially equivalent to the requirements of the act, and who has 5 years experience as a clinical social worker. Until January 1, 2006, a supervisor shall include an individual who is a clinical social worker with 5 years experience as a clinical social worker and is a licensed social worker. A supervisor may also include an individual who holds a license in a related field and who has 5 years experience in that field.
LICENSURE § 47.11. Licensure examination.
(a) The examination required as a prerequisite to original licensure as a licensed social worker is the Association of Social Work Boards' (ASWB) (formerly known as the American Association of State Social Work Boards' (AASSWB)) intermediate level examination. [It will be given annually and at other times deemed appropriate by the Board, in consultation with the third-party testing organization providing the examination to licensure applicants of the Board.]
(b) The examination required as a prerequisite to being granted a license to hold oneself out as a social worker with a provisional license is the ASWB (formerly known as AASSWB) basic level examination. [It will be given annually and at other times deemed appropriate by the Board, in consultation with the third-party testing organization providing the examination to provisional licensure applicants of the Board.]
(c) The examination required as a prerequisite to being granted a license to hold oneself out as a licensed clinical social worker is the ASWB (formerly known as AASSWB) clinical level examination.
(d) The applicant shall apply to the testing organization for admission to the applicable licensure examination and shall pay the required fee at the direction of the testing organization.
[(d) An applicant for admission to an examination shall submit an application to sit for the examination to the testing organization at least 60 days prior to the examination date. The application to sit for the examination may be obtained by contacting the Board by mail at: State Board of Social Work Examiners, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, or by telephone at: (717) 783-1389]
* * * * * (f) The applicant shall be responsible for directing that the testing organization send examination results and other information requested to the Board.
§ 47.12. Qualifications for licensure.
[(a)] General qualifications and requirements for applicants for licensure are as follows[.]:
* * * * * (3) The applicant has submitted an application for licensure on forms furnished by the Board. The application for licensure may be obtained by contacting the Board by mail at: State Board of [Social Work Examiners] Social Workers, Marriage and Family Therapists and Professional Counselors, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, or by telephone at: (717) 783-1389 or by email at: socialwo@pados.state.pa.us.
* * * * * (6) The applicant has submitted [a notarized affidavit or] an affirmation signed by the applicant verifying the information on the application.
[(b)]§ 47.12a. Licensed social worker.
[(1)] (a) To be issued a license to hold oneself out as a licensed social worker, an applicant shall provide proof satisfactory to the Board, that the applicant has met the following conditions:
[(i)] (1) Satisfied the general requirements for licensure of [subsection (a)] § 47.12 (relating to qualifications for licensure).
[(ii)] (2) * * *
[(iii)] (3) * * *
[(2)] (b) * * *
[(3)] (c) * * *
[(c)]§ 47.12b. Provisional license as a social worker.
[(1)] (a) To be issued a license to hold oneself out as a social worker with a provisional license, an applicant shall provide proof satisfactory to the Board, that the applicant has met the following conditions:
[(i)] (1) Satisfied the general requirements for licensure of [subsection (a)] § 47.12 (relating to qualifications for licensure)
[(ii)] (2) * * *
[(iii)] (3) * * *
[(iv)] (4) * * *
[(2)] (b) * * *
[(3)] (c) * * *
[(4)] (d) * * *
§ 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 (relating to definitions).
(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) Diagnosis.
(ii) Assessment.
(iii) Psychotherapy.
(iv) Other psychosocial-therapeutic interventions.
(v) Consultation.
(2) Supervision for the clinical experience shall be provided by a supervisor as defined in § 47.1. However, the first 1,800 hours shall be supervised by a licensed clinical social worker, or, until January 1, 2006, a clinical social worker with 5 years experience and who is a licensed social worker.
(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 delegate, order and control the clinical social work activities of the supervisee.
(i) A supervisor who is temporarily unable to provide supervision shall designate a qualified substitute. However, for the first 1,800 hours delegation shall be to another licensed clinical social worker, or, until January 1, 2006, a clinical social worker with 5 years experience and who is a licensed social worker.
(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 individually and in person with the supervisee for a minimum of 1 hour for every 20 hours of supervised clinical experience.
(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 60 days 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/patients.
(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 40 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. The experience shall have been obtained within the most recent 10 calandar years, at least half within the most recent 5 calendar years.
§ 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 who is the subject of a disciplinary action by a licensing board will not qualify as a supervisor.
(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 on a regular basis.
(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.
§ 47.13. [Licensure without examination] (Reserved).
[A license shall be issued without examination to an applicant who meets the following requirements. The applicant shall have:
(1) Satisfied the general requirements for licensure of § 47.12(a) (relating to qualifications for licensure).
(2) Submitted an application provided by the Board and accompanied by the fee required by § 47.4 (relating to licensure fees) by October 7, 1989
(3) Received a master's degree in social work or social welfare from an accredited school or a doctoral degree in social work by October 7, 1987.
(i) Graduates of a foreign school of social work, may satisfy the requirement of this subsection if the applicant received an equivalency rating in compliance with § 47.12(b)(2).
(ii) An applicant who received a graduate or equivalent degree or certificate in social work or social welfare prior to July 1, 1952, may satisfy the requirements of this subsection if the applicant submitted an application for individual review by the Board in compliance with § 47.12(b)(3).
(4) Practiced social work for a cumulative period of 2 years.]
§ 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 of § 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 March 25, 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. To satisfy the practice of clinical social work requirement, the applicant's practice shall have consisted of at least 20 hours per week.
(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 Diplomate in Clinical Social Work (DCSW) certification or Qualified Clinical Social Worker (QSCW) certification issued by the National Association of Social Workers.
(Editor's Note: The following chapter is new. It has been printed in regular type to enhance readability.)
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