PROPOSED RULEMAKING
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[49 PA. CODE CHS. 47--49]
Continuing Education
[35 Pa.B. 2640] The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend §§ 47.32--47.37 and 47.41 and add §§ 48.31--48.42 and 49.31--49.42 (relating to continuing education) to read as set forth in Annex A.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Under section 18(a) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1918(a)), the Board is authorized to require evidence of continuing education as a condition of license renewal.
Background and Purpose
With the enactment of the act of December 21, 1998 (P. L. 1017, No. 136), the Board now licenses marriage and family therapists, clinical social workers and professional counselors along with social workers. The Board's current regulations provide for continuing education of social workers only. The proposed rulemaking will amend the provisions pertaining to continuing education for social workers in Chapter 47 to extend the continuing education requirement to clinical social workers and add similar provisions in Chapters 48 and 49, which will include continuing education requirements for marriage and family therapists and professional counselors respectively. This proposed rulemaking will require 30 clock hours of continuing education as a condition of biennial renewal of a license beginning with the renewals in 2007.
Description of Proposed Rulemaking
The proposed rulemaking would amend §§ 47.32--47.37 and 47.41. These sections currently contain the continuing education requirements for licensed social workers. These sections would be amended to extend the continuing education requirements to clinical social workers. In addition, 3 of the 30 hours of continuing education would be required to be completed in topics related to ethical issues. The Board also proposes to add §§ 48.31--48.42 to include continuing education requirements for marriage and family therapists and §§ 49.31--49.42 to including continuing education requirements for professional counselors.
Sections 48.31 and 49.31 (relating to definitions) would define the terms ''biennium,'' ''certification,'' ''clock hour'' and ''provider.'' Section 47.32 (relating to requirement for biennial renewal) would be amended to extend the continuing education requirement to licensed clinical social workers effective with the 2007 renewals and also to require that at least 3 of the required 30 clock hours be completed in topics related to ethical issues. Similarly, §§ 48.32 and 49.32 (relating to requirement for biennial renewal) would require marriage and family therapists and professional counselors to complete, as a condition of biennial renewal for 2007 renewals and thereafter, 30 clock hours of continuing education offered by approved providers which must include at least 3 clock hours in ethical issues. Any excess hours may not be carried over to the next biennium.
Section 47.33 (relating to acceptable continuing education courses and programs) would be amended and §§ 48.33 and 49.33 (relating to acceptable continuing education courses and programs) would be added to explain that acceptable continuing education courses and programs would be those that are geared toward the master's level practitioner and must pertain to the scope of practice appropriate to the particular license. Subsection (d) would allow a licensee to accrue up to 20 of the required clock hours in home study courses offered by approved providers so long as the course has specific learning objectives and the provider evaluates the extent of learning that has taken place.
Section 47.34 (relating to registration of continuing education providers, courses and programs) would be amended and §§ 48.34 and 49.34 (relating to registration of continuing education providers who offer one course or program) would be added to clarify the requirements for the registration of continuing education providers who offer or intend to offer only one course or program. A provider could be an agency, organization, institution, association, center or individual. These provisions set forth the information required from the applicant and permit the Board to reject a submitted course or program which is outside the scope of practice for that particular license or is unacceptable because of presentation, content or failure to meet the standards under §§ 47.35, 48.35 and 49.35 (relating to standards for courses and programs). Applicants who are disapproved by the Board will receive a letter explaining the reason for disapproval and inform the applicant of the opportunity to submit a revised application within 10 days of receipt of the disapproval. Subsection (f) allows the Board to withdraw approval of a provider for cause and provides that the provider will be notified in writing of the reasons for withdrawal of approval.
Section 47.35 would be amended and §§ 48.35 and 49.35 would be added to set out the standards that courses and programs must meet in order to be approved by the Board. Section 47.36 (relating to sources of continuing education courses and programs) would be amended and §§ 48.36 and 49.36 (relating to preapproved providers of continuing education courses and programs for marriage and family therapists; and preapproved providers of continuing education courses and programs for professional counselors) would be added to list the providers that the Board has determined have already met the standards of §§ 47.35, 48.35 and 49.35 and therefore are considered to have preapproval status. These providers would be approved for all courses and programs given by these providers (whereas §§ 47.34, 48.34 and 49.34 pertain to providers offering only one course or program). Subsection (b) would allow the Board to consider for approval, on a biennial basis, other organizations that offer multiple courses and programs for licensees.
Sections 47.36a, 48.37 and 49.37 (relating to other sources of continuing education) would authorize the Board to grant clock hours on a case-by-case basis for particular types of experiences. Section 47.37 (relating to reporting e of hours spent in continuing education) would be amended and §§ 48.38 and 49.38 (relating to reporting by licensee of hours spent in continuing education) would require applicants for license renewal to provide a signed statement certifying that the continuing education requirements have been met. Subsection (b) would list the information that a licensee would need to submit in the event that the licensee would be selected for audit. Sections 48.39 and 49.39 (relating to retention of records) would require a licensee to retain documentation of completion of the required continuing education for 4 years following the certification period pertaining to that particular biennial renewal period.
Sections 48.40 and 49.40 (relating to exemption and waiver) would provide that an individual applying for licensure in this Commonwealth for the first time would be exempted from the continuing education requirement for the biennial renewal period following initial licensure. Subsection (b) would permit the Board to waive all or a portion of the continuing education requirement for biennial renewal upon request of a licensee. The request would need to be in writing and include a description of the circumstances sufficient to show why compliance is impossible. Waivers could be granted for serious illness, military service or other demonstrated hardship.
Sections 48.41 and 49.41 (relating to continuing education requirement for biennial renewal of inactive and lapsed licenses) would require a licensee seeking to reinstate an inactive or lapsed license to show proof of compliance with the continuing education requirement for the preceding biennium. Section 47.41 (relating to disciplinary action authorized) would be amended and §§ 48.42 and 49.42 (relating to disciplinary action authorized) would be added to provide for discipline by the Board, under section 11(a)(5) of the act (63 P. S. § 1911(a)(5)), in the event a licensee would submit fraudulent clock hour reports. Subsection (b) would also provide that the falsification of a clock hour report by a program provider would result in revocation of approval by the Board for further program offerings of that provider.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will require the Board to alter its license renewal forms to include data regarding the licensee's compliance with the continuing education requirements and will also require licensees to maintain their own records of continuing education credits. The proposed rulemaking would not have any additional adverse fiscal impact on the Commonwealth or its political subdivisions. There would be a fiscal impact upon licensees who would be required to pay for and complete continuing education hours.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 20, 2005, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding the proposed rulemaking to Sandra Matter, Administrative Assistant, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-6912, Continuing Education, when submitting comments.
RONALD HAYS,
ChairpersonFiscal Note: 16A-6912. 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 WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
CONTINUING EDUCATION § 47.32. Requirement for biennial renewal.
(a) [For 1997 renewals and thereafter, the] The Board [will require] requires, as a condition of biennial renewal of a social worker's license, the completion during the preceding biennium of 30 clock hours of continuing education in acceptable courses and programs in social work offered by approved providers. Excess clock hours may not be carried over to the next biennium. Effective with the 2007 renewals and thereafter, at least 3 of the required 30 clock hours must be related to ethical issues.
(b) For 2007 renewals and thereafter, the Board will require, as a condition of biennial renewal of a clinical social worker's license, the completion during the preceding biennium of 30 clock hours of continuing education in acceptable courses and programs in social work offered by approved providers which shall include at least 3 clock hours in ethical issues. Excess clock hours may not be carried over to the next biennium.
§ 47.33. Acceptable continuing education courses and programs.
* * * * * (b) [Acceptable subject matter for continuing education courses and programs is limited to courses and programs pertaining to the enhancement of the social worker's knowledge and practice skills related to helping people achieve adequate and productive personal, interpersonal and social adjustments in their individual lives, in their families and in their community.] Continuing education courses and programs must be appropriate for the master's level practitioner and pertain to the practice of social work or clinical social work as defined in section 3 of the act (63 P. S. § 1903).
(c) The Board will not approve courses or programs in office management or in marketing the practice.
(d) A licensee may accrue up to 20 of the required clock hours in home study courses offered by approved providers if the home study has specific learning objectives which the provider evaluates to assure that learning has taken place. Home study courses must be indicated as such on the certificates of attendance.
§ 47.34. Registration of continuing education providers[, courses and programs] who offer one course or program.
(a) An agency, organization, institution, association [or], center or individual seeking to offer [an] one organized course or program may apply to the Board as a provider.
(b) An applicant for Board approval as a provider of a course or program shall submit an application, along with a fee of [$40] $45, at least 90 days before the date the course or program commences.
* * * * * (e) Upon approval as a qualified provider of a course or program, a Board approval number will be assigned and be listed on the certificate of attendance.
(f) The Board reserves the right to reject a submitted course or program which is outside the scope of practice of social work or clinical social work or is otherwise unacceptable because of presentation, content or failure to meet the criteria in § 47.35.
(g) Disapproval of a course or program will include a statement setting forth reasons. Applicants may submit [new applications] a revised application within 10 days after receipt of disapproval. [New] Revised applications shall document alterations made to meet Board requirements. Notification on [new] revised applications will occur as soon as possible within the Board's capability.
(h) The Board may withdraw approval of a course or program for cause. The provider will be notified in writing of the reasons for withdrawal of approval. Withdrawal of approval will be made in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
§ 47.35. Standards for courses and programs.
(a) A provider [or licensee] seeking Board approval of a course or program shall present evidence that the course or program is geared toward the master's level practitioner and has the following:
(1) Subject matter pertaining to the enhancement of the social worker's or clinical social worker's knowledge and practice skills related to helping people achieve adequate and productive personal, interpersonal and social adjustments in their individual lives, in their families and in their community.
* * * * * (b) Providers shall [supply adequate facilities including accessibility to persons who are disabled] comply with relevant Federal, State and local laws related to serving people with disabilities and shall provide adequate facilities and appropriate instructional materials to carry out the continuing education course or program.
* * * * * § 47.36. [Sources] Preapproved providers of continuing education courses and programs for social workers and clinical social workers.
(a) In addition to providers approved under § 47.34 (relating to registration of continuing education providers[, courses and programs] who offer one course or program), the Board finds the following entities have currently met the standards in § 47.35 (relating to standards for courses and programs). Accordingly, the following are approved providers:
(1) Graduate and undergraduate [schools] programs accredited by the Council on Social Work Education.
(2) [The Child Welfare League of America and its state and local affiliates.
(3) The National Association of Social Workers and its state and local affiliates.
(4) The National Association of Black Social Workers and its state and local affiliates.
(5) The Family Service Association of America and its state and local affiliates.
(6) The National Federation of Societies for Clinical Social Work, Inc. and its state and local affiliates.] The Association of Social Work Boards.
(3) Accredited colleges and universities (graduate level and continuing education programs).
(4) Graduate and postgraduate training programs accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE).
(5) The following groups and the providers, courses or workshops approved by them:
(i) The National Association of Social Workers (NASW) and its state and local affiliates.
(ii) The Clinical Social Work Federation, Inc. (CSWF) and its state and local affiliates.
(iii) The National Board for Certified Counselors, Inc. (NBCC).
(iv) The Commission on Rehabilitation Counselor Certification (CRCC).
(v) The Certification Board for Music Therapists (CBMT).
(vi) The American Art Therapy Association (AATA).
(vii) The American Dance Therapy Association (ADTA).
(viii) The National Association for Drama Therapy (NADT).
(ix) The American Psychological Association (APA).
(x) The Approved Continuing Education (ACE) Program developed by the Association of Social Work Boards.
(xi) The American Nurses Credentialing Center (ANCC).
(6) The following groups and their regional, state and local affiliates:
(i) The Child Welfare League of America.
(ii) The National Association of Black Social Workers.
(iii) The Family Service Association of America.
(iv) The National Federation of Societies for Clinical Social Work, Inc.
(v) The American Association for Marriage and Family Therapy (AAMFT).
(vi) The American Family Therapy Association (AFTA).
(vii) The National Council on Family Relations (NCFR).
(viii) Council of Nephrology Social Workers.
(ix) The American Association of Sex Educators, Counselors and Therapists (AASECT).
(x) The American Association of Pastoral Counselors (AAPC).
(xi) The American School Counselor Association (ASCA).
(xii) The American Counseling Association (ACA).
(xiii) The American Mental Health Counselors Association (AMHCA).
(xiv) The National Rehabilitation Counseling Association (NRCA).
(b) The Board will consider for approval, on a biennial basis, other organizations who offer multiple courses and programs for social workers and clinical social workers. An organization seeking Board approval shall submit an application to the Board which includes the information required in § 47.34(c) (relating to registration of continuing education providers who offer one course or program). The application shall be submitted at least 90 days before the date the course or program commences. The applicant will be notified of approval or disapproval in writing. Notifications of disapproval will set forth reasons.
(c) The approval given to providers is subject to reevaluation; however, a rescission of approval will be made only in accordance with 1 Pa. Code Part II (relating to [general rules of administrative practice and procedure] General Rules of Administrative Practice and Procedure).
[(c) The Board may approve participation in other continuing education courses or programs for credit so long as the licensee submits, prior to attendance, an application for program approval and supporting documentation provided in § 47.35, and upon completion of the course or program submits verification of attendance.
(d) Clock hours may be granted on a case-by-case basis for the following:
(1) Participation in clinical conferences, clinical rounds or training under a preceptor provided through hospitals, medical centers, schools and universities.
(2) Services as a teacher, preceptor, lecturer or speaker and for publications of articles, books and research relating to the practice of social work.]
§ 47.36a. Other sources of continuing education.
(a) Clock hours may be granted on a case-by-case basis for the following:
(1) Participation in clinical conferences, clinical rounds or training under a preceptor provided through hospitals, medical centers, schools and universities.
(2) Services as a teacher (first-time experience only), preceptor, lecturer or speaker.
(3) Publications of articles, books and research relating to the practice of social work or clinical social work.
(b) A licensee who wishes to obtain clock hours for credit under subsection (a)(1) and (2) shall submit, prior to participating in the event, an application for approval along with a fee as provided by § 47.34(b) (relating to registration of continuing education providers who offer one course or program). A licensee seeking to obtain clock hours for a publication under subsection (a)(3), shall submit, after the publication of the article, book or research, an application for approval along with a fee as provided by § 47.34(b).
§ 47.37. Reporting by licensee of hours spent in continuing education.
(a) Applicants for license renewal shall provide[, at a time prescribed and on forms approved by the Board,] a signed statement certifying that the continuing education requirements have been met [and providing].
(b) A licensee selected for audit shall provide information to document [their] the licensee's certification, which information shall include the following:
* * * * * (7) The Board approval number assigned to the course or program.
§ 47.41. Disciplinary action authorized.
(a) A licensed social worker or clinical social worker who submits fraudulent clock hour reports will be subject to disciplinary action under section 11(a)(5) of the act (63 P. S. § 1911(a)(5)).
* * * * * (Editor's Note: The following text is new. It has been printed in regular type to enhance readability.)
CHAPTER 48. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF MARRIAGE AND FAMILY THERAPISTS
CONTINUING EDUCATION § 48.31. Definitions.
The following words and terms, when used in this section §§ 48.32--48.42, have the following meanings, unless the context clearly indicates otherwise:
Biennium--The period from March 1 of an odd-numbered year to February 28 of the next odd-numbered year.
Certification--A statement signed by the licensee certifying that continuing education requirements have been met along with information and documentation relative to the course.
Clock hour--50 to 60 minutes of instruction or participation in an approved course or program.
Provider--An agency, organization, institution, association, center or individual approved by the Board to offer an organized course or program.
§ 48.32. Requirement for biennial renewal.
For 2007 renewals and thereafter, the Board will require, as a condition of biennial renewal of a marriage and family therapist's license, the completion during the preceding biennium of 30 clock hours of continuing education in acceptable courses and programs offered by approved providers which shall include at least 3 clock hours in ethical issues. Excess clock hours may not be carried over to the next biennium.
§ 48.33. Acceptable continuing education courses and programs.
(a) Only courses or programs offered by Board approved providers will be accepted for continuing education credit.
(b) Continuing education courses and programs must be appropriate for the master's level practitioner and pertain to the practice of marriage and family therapy as defined in section 3 of the act (63 P. S. § 1903).
(c) The Board will not approve courses or programs in office management or in marketing the practice.
(d) A licensee may accrue up to 20 of the required clock hours in home study courses offered by approved providers if the home study course has specific learning objectives which the provider evaluates to assure that learning has taken place. Home study courses must be indicated as such on the certificates of attendance.
§ 48.34. Registration of continuing education providers who offer one course or program.
(a) An agency, organization, institution, association, center or individual seeking to offer one organized course or program may apply to the Board as a provider by filing an application, along with a fee of $45, at least 90 days before the date the course or program commences. The application must include the following information:
(1) The full name and address of the applicant.
(2) The title of the course or program and core subjects covered.
(3) The dates and location of the course or program.
(4) The instructor names, titles, affiliations and degrees.
(5) The schedule of the course or program-syllabus, lecturer, time allocated and the like.
(6) The total number of clock hours requested.
(7) The method of certifying attendance.
(8) The objectives.
(9) The course or program coordinator.
(10) The instruction and evaluation methods.
(11) The evidence of meeting the standards in § 48.35 (relating to standards for courses and programs).
(b) Statements made in the application shall be sworn to be true and correct to the best of the applicant's information, knowledge and belief.
(c) Upon approval as a qualified provider of a course or program, a Board approval number will be assigned and shall be listed on the certificate of attendance.
(d) The Board reserves the right to reject a submitted course or program which is outside the scope of practice of marriage and family therapy or is otherwise unacceptable because of presentation, content or failure to meet the criteria in § 48.35.
(e) Disapproval of a course or program will include a statement setting forth reasons. Applicants may submit a revised application within 10 days after receipt of disapproval. Revised applications shall document alterations made to meet Board requirements. Notification on revised applications will occur as soon as possible within the Board's capability.
(f) The Board may withdraw approval of a course or program for cause. The provider will be notified in writing of the reasons for withdrawal of approval. Withdrawal of approval will be made in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
§ 48.35. Standards for courses and programs.
(a) A provider seeking Board approval of a course or program shall present evidence that the course or program is appropriate for the master's level practitioner and has the following:
(1) Subject matter pertaining to the enhancement of the marriage and family therapist's knowledge and practice skills related to helping people achieve adequate and productive personal, interpersonal and social adjustments in their individual lives, in their families and in their community.
(2) An established mechanism measuring the quality of the course or program being offered.
(3) Established criteria for selecting and evaluating faculty or source material.
(4) Established criteria for the evaluation of each course or program upon completion.
(5) A minimum total duration of at least 2 clock hours. The hours need not be contiguous.
(b) Providers shall comply with relevant Federal, State and local laws related to serving people with disabilities and provide adequate facilities and appropriate instructional materials to carry out the continuing education course or program.
(c) Providers shall insure that instructors have suitable qualifications and are of good reputation and character.
§ 48.36. Preapproved providers of continuing education courses and programs for marriage and family therapists.
(a) In addition to providers approved under § 48.34 (relating to registration of continuing education providers who offer one course or program), the Board finds the following entities have currently met the standards in § 48.35 (relating to standards for courses and programs). Accordingly, the following are approved providers:
(1) Graduate and undergraduate programs accredited by the Council on Social Work Education.
(2) The Association of Social Work Boards.
(3) Accredited colleges and universities (graduate level courses and continuing education programs).
(4) Graduate and postgraduate training programs accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE).
(5) The following groups and the providers, courses or workshops approved by them:
(i) The National Association of Social Workers (NASW) and its state and local affiliates.
(ii) The Clinical Social Work Federation, Inc. (CSWF) and its state and local affiliates.
(iii) The National Board for Certified Counselors, Inc. (NBCC).
(iv) The Commission on Rehabilitation Counselor Certification (CRCC).
(v) The Certification Board for Music Therapists (CBMT).
(vi) The American Art Therapy Association (AATA).
(vii) The American Dance Therapy Association (ADTA).
(viii) The National Association for Drama Therapy (NADT).
(ix) The American Psychological Association (APA).
(x) The Approved Continuing Education (ACE) Program developed by the Association of Social Work Boards.
(xi) The American Nurses Credentialing Center (ANCC).
(6) The following groups and their regional, state and local affiliates:
(i) The Child Welfare League of America.
(ii) The National Association of Black Social Workers.
(iii) The Family Service Association of America.
(iv) The National Federation of Societies for Clinical Social Work, Inc.
(v) The American Association for Marriage and Family Therapy (AAMFT).
(vi) The American Family Therapy Association (AFTA).
(vii) The National Council on Family Relations (NCFR).
(viii) Council of Nephrology Social Workers.
(ix) The American Association of Sex Educators, Counselors and Therapists (AASECT).
(x) The American Association of Pastoral Counselors (AAPC).
(xi) The American School Counselor Association (ASCA)
(xii) The American Counseling Association (ACA).
(xiii) The American Mental Health Counselors Association (AMHCA).
(xiv) The National Rehabilitation Counseling Association (NRCA).
(b) The Board will consider for approval, on a biennial basis, other organizations who offer multiple courses and programs for marriage and family therapists. An organization seeking Board approval shall submit an application to the Board which includes the information required in § 48.34(a). The application shall be submitted at least 90 days before the date the course or program commences. The applicant will be notified of approval or disapproval in writing. Notifications of disapproval will set forth reasons.
(c) The approval given to providers is subject to reevaluation; however, a rescission of approval will be made only in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
§ 48.37. Other sources of continuing education.
(a) Clock hours may be granted on a case-by-case basis for the following:
(1) Participation in clinical conferences, clinical rounds or training under a preceptor provided through hospitals, medical centers, schools and universities.
(2) Services as a teacher (first-time experience only), preceptor, lecturer or speaker.
(3) Publications of articles, books and research relating to the practice of social work or clinical social work.
(b) A licensee who wishes to obtain clock hours for credit under subsection (a)(1) and (2) shall submit, prior to participating in the event, an application for approval along with a fee of $45 as provided by § 48.34(a) (relating to registration of continuing education providers who offer one course or program). A licensee seeking to obtain clock hours for a publication under subsection (a)(3) of this section, shall submit, after the publication of the article, book or research, an application for approval along with a fee of $45 as provided by § 48.34(a).
§ 48.38. Reporting by licensee of hours spent in continuing education.
(a) Applicants for license renewal shall provide a signed statement certifying that the continuing education requirements have been met.
(b) A licensee selected for audit shall provide information to document the licensee's certification. The information must include the following:
(1) The date attended.
(2) The clock hours claimed.
(3) The title of course or program and description of content.
(4) The school, hospital, medical center or organization which sponsored the course or program.
(5) The instructor.
(6) The location of course or program.
(7) The Board approval number assigned to the course or program.
§ 48.39. Retention of records.
The licensee shall retain documentation of completion of the prescribed number of clock hours for 4 years following the certification which shall be produced upon request by the Board or its auditing agents. The Board will utilize a random audit of renewals to determine compliance with the education requirement.
§ 48.40. Exemption and waiver.
(a) An individual applying for licensure in this Commonwealth for the first time shall be exempted from the continuing education requirement for the biennial renewal period following initial licensure.
(b) The Board may waive all or a portion of the continuing education requirement for biennial renewal upon request of a licensee. The request must be made in writing, with appropriate documentation, and include a description of circumstances sufficient to show why compliance is impossible. A waiver request will be evaluated by the Board on a case-by-case basis. Waivers may be granted for serious illness, military service or other demonstrated hardship. The Board will send written notification of its approval or denial of a waiver request.
§ 48.41. Continuing education requirement for biennial renewal of inactive and lapsed licenses.
A licensee seeking to reinstate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennium.
§ 48.42. Disciplinary action authorized.
(a) A licensed marriage and family therapist who submits fraudulent clock hour reports will be subject to disciplinary action under section 11(a)(5) of the act (63 P. S. § 1911(a)(5)).
(b) The falsification of a clock hour report by a program provider will result in revocation of approval by the Board for further program offerings of that provider.
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF PROFESSIONAL COUNSELORS
CONTINUING EDUCATION § 49.31. Definitions.
The following words and terms, when used in this section and §§ 49.32--49.42, have the following meanings, unless the context clearly indicates otherwise:
Biennium--The period from March 1 of an odd-numbered year to February 28 of the next odd-numbered year.
Certification--A statement signed by the licensee certifying that continuing education requirements have been met along with information and documentation relative to the course.
Clock hour--50 to 60 minutes of instruction or participation in an approved course or program.
Provider--An agency, organization, institution, association, center or individual approved by the Board to offer an organized course or program.
§ 49.32. Requirement for biennial renewal.
For 2007 renewals and thereafter, the Board will require, as a condition of biennial renewal of a professional counselor's license, the completion during the preceding biennium of 30 clock hours of continuing education in acceptable courses and programs offered by approved providers which shall include at least 3 clock hours in ethical issues. Excess clock hours may not be carried over to the next biennium.
§ 49.33. Acceptable continuing education courses and programs.
(a) Only courses or programs offered by Board approved providers will be accepted for continuing education credit.
(b) Continuing education courses and programs must be appropriate for the master's level practitioner and pertain to the practice of professional counseling as defined in section 3 of the act (63 P. S. § 1903).
(c) The Board will not approve courses or programs in office management or in marketing the practice.
(d) A licensee may accrue up to 20 of the required clock hours in home study courses offered by approved providers if the home study has specific learning objectives which the provider evaluates to assure that learning has taken place. Home study courses must be indicated as such on the certificates of attendance.
§ 49.34. Registration of continuing education providers who offer one course or program.
(a) An agency, organization, institution, association, center or individual seeking to offer one organized course or program may apply to the Board as a provider by filing an application, along with a fee of $45, at least 90 days before the date the course or program commences. The application must include the following information:
(1) The full name and address of the applicant.
(2) The title of the course or program and core subjects covered.
(3) The dates and location of the course or program.
(4) The instructor names, titles, affiliations and degrees.
(5) The schedule of the course or program-syllabus, lecturer, time allocated and the like.
(6) The total number of clock hours requested.
(7) The method of certifying attendance.
(8) The objectives.
(9) The course or program coordinator.
(10) The instruction and evaluation methods.
(11) The evidence of meeting the standards in § 49.35 (relating to standards for courses and programs).
(b) Statements made in the application shall be sworn to be true and correct to the best of the applicant's information, knowledge and belief.
(c) Upon approval as a qualified provider of a course or program, a Board approval number will be assigned and shall be listed on the certificate of attendance.
(d) The Board reserves the right to reject a submitted course or program which is outside the scope of practice of professional counseling or is otherwise unacceptable because of presentation, content or failure to meet the criteria in § 49.35.
(e) Disapproval of a course or program will include a statement setting forth reasons. Applicants may submit a revised application within 10 days after receipt of disapproval. Revised applications shall document alterations made to meet Board requirements. Notification on revised applications will occur as soon as possible within the Board's capability.
(f) The Board may withdraw approval of a course or program for cause. The provider will be notified in writing of the reasons for withdrawal of approval. Withdrawal of approval will be made in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
§ 49.35. Standards for courses and programs.
(a) A provider seeking Board approval of a course or program shall present evidence that the course or program is geared toward the master's level practitioner and has the following:
(1) Subject matter pertaining to the enhancement of the professional counselor's knowledge and practice skills related to helping people achieve adequate and productive personal, interpersonal and social adjustments in their individual lives, in their families and in their community.
(2) An established mechanism measuring the quality of the course or program being offered.
(3) Established criteria for selecting and evaluating faculty or source material.
(4) Established criteria for the evaluation of each course or program upon completion.
(5) A minimum total duration of at least 2 clock hours; however, the hours need not be contiguous.
(b) Providers shall comply with relevant Federal, State and local laws related to serving people with disabilities and provide adequate facilities and appropriate instructional materials to carry out the continuing education course or program.
(c) Providers shall insure that instructors have suitable qualifications and are of good reputation and character.
§ 49.36. Preapproved providers of continuing education courses and programs for professional counselors.
(a) In addition to providers approved under § 49.34 (relating to registration of continuing education providers who offer one course or program), the Board finds the following entities have currently met the standards in § 49.35 (relating to standards for courses and programs). Accordingly, the following are approved providers:
(1) Graduate and undergraduate programs accredited by the Council on Social Work Education.
(2) The Association of Social Work Boards.
(3) Accredited colleges and universities (graduate level courses and continuing education programs).
(4) Graduate and post-graduate training programs accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE).
(5) The following groups and the providers, courses or workshops approved by them:
(i) The National Association of Social Workers (NASW) and its state and local affiliates.
(ii) The Clinical Social Work Federation, Inc. (CSWF) and its state and local affiliates.
(iii) The National Board for Certified Counselors, Inc. (NBCC).
(iv) The Commission on Rehabilitation Counselor Certification (CRCC).
(v) The Certification Board for Music Therapists (CBMT).
(vi) The American Art Therapy Association (AATA).
(vii) The American Dance Therapy Association (ADTA).
(viii) The National Association for Drama Therapy (NADT).
(ix) The American Psychological Association (APA).
(x) The Approved Continuing Education (ACE) Program developed by the Association of Social Work Boards.
(xi) The American Nurses Credentialing Center (ANCC).
(6) The following groups and their regional, state and local affiliates:
(i) The Child Welfare League of America.
(ii) The National Association of Black Social Workers.
(iii) The Family Service Association of America.
(iv) The National Federation of Societies for Clinical Social Work, Inc.
(v) The American Association for Marriage and Family Therapy (AAMFT).
(vi) The American Family Therapy Association (AFTA).
(vii) The National Council on Family Relations (NCFR).
(viii) Council of Nephrology Social Workers.
(ix) The American Association of Sex Educators, Counselors and Therapists (AASECT).
(x) The American Association of Pastoral Counselors (AAPC).
(xi) The American School Counselor Association (ASCA)
(xii) The American Counseling Association (ACA).
(xiii) The American Mental Health Counselors Association (AMHCA).
(xiv) The National Rehabilitation Counseling Association (NRCA).
(b) The Board will consider for approval, on a biennial basis, other organizations who offer multiple courses and programs for professional counselors. An organization seeking Board approval shall submit an application to the Board which includes the information required in § 49.34(a). The application shall be submitted at least 90 days before the date the course or program commences. The applicant will be notified of approval or disapproval in writing. Notifications of disapproval will set forth reasons.
(c) The approval given to providers is subject to reevaluation; however, a rescission of approval will be made only in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
§ 49.37. Other sources of continuing education.
(a) Clock hours may be granted on a case-by-case basis for the following:
(1) Participation in clinical conferences, clinical rounds or training under a preceptor provided through hospitals, medical centers, schools and universities.
(2) Services as a teacher (first-time experience only), preceptor, lecturer or speaker.
(3) Publications of articles, books and research relating to the practice of social work or clinical social work.
(b) A licensee who wishes to obtain clock hours for credit under subsection (a)(1) and (2) shall submit, prior to participating in the event, an application for approval along with a fee of $45 as provided by § 49.34(a) (relating to registration of continuing education providers who offer one course or program). A licensee seeking to obtain clock hours for a publication under subsection (a)(3), shall submit, after the publication of the article, book or research, an application for approval along with a fee of $45 as provided by § 49.34(a).
§ 49.38. Reporting by licensee of hours spent in continuing education.
(a) Applicants for license renewal shall provide a signed statement certifying that the continuing education requirements have been met.
(b) A licensee selected for audit shall provide information to document the licensee's certification. The information must include the following:
(1) The date attended.
(2) The clock hours claimed.
(3) The title of course or program and description of content.
(4) The school, hospital, medical center or organization which sponsored the course or program.
(5) The instructor.
(6) The location of course or program.
(7) The Board approval number assigned to the course or program.
§ 49.39. Retention of records.
The licensee shall retain documentation of completion of the prescribed number of clock hours for 4 years following the certification which shall be produced upon request by the Board or its auditing agents. The Board will utilize a random audit of renewals to determine compliance with the education requirement.
§ 49.40. Exemption and waiver.
(a) An individual applying for licensure in this Commonwealth for the first time shall be exempted from the continuing education requirement for the biennial renewal period following initial licensure.
(b) The Board may waive all or a portion of the continuing education requirement for biennial renewal upon request of a licensee. The request must be made in writing, with appropriate documentation, and include a description of circumstances sufficient to show why compliance is impossible. A waiver request will be evaluated by the Board on a case-by-case basis. Waivers may be granted for serious illness, military service or other demonstrated hardship. The Board will send written notification of its approval or denial of a waiver request.
§ 49.41. Continuing education requirement for biennial renewal of inactive and lapsed licenses.
A licensee seeking to reinstate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennium.
§ 49.42. Disciplinary action authorized.
(a) A licensed professional counselor who submits fraudulent clock hour reports will be subject to disciplinary action under section 11(a)(5) of the act (63 P. S. § 1911(a)(5)).
(b) The falsification of a clock hour report by a program provider will result in revocation of approval by the Board for further program offerings of that provider.
[Pa.B. Doc. No. 05-841. Filed for public inspection April 29, 2005, 9:00 a.m.]
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