PROPOSED RULEMAKING
[49 PA. CODE CHS. 47 AND 49]
Licensure Technical Amendments
[35 Pa.B. 5530] The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend §§ 47.1, 47.1a, 47.11, 47.12a and 49.1 to read as set forth in Annex A. The proposed rulemaking makes editorial changes, corrects outdated provisions and clarifies the Board's position that graduates of social work programs that are in candidacy for accreditation may apply for licensure once the program obtains accreditation.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1906(2)) and section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3(a)).
Background and Purpose
Section 7(a) of the act (63 P. S. § 1907(a)) requires that an applicant for social work license submit proof that, among other things, the applicant has received a master's degree from an accredited school of social work or social welfare or a doctoral degree in social work. The Board has been made aware that the Council on Social Work Education (CSWE) accredits social work programs rather than schools. Accordingly, the Board proposes to amend the definition of ''accredited school'' in § 47.1 (relating to definitions) to mean a graduate program in social work or social welfare accredited by the CSWE.
Section 47.1a (relating to qualifications for supervisors) provides three options for becoming qualified as a supervisor. Paragraph (3) allows an individual to qualify, until January 1, 2006, by, among other things, holding a license to practice as a social worker in this Commonwealth. The Board has received comments from individual applicants indicating that this requirement is overly restrictive in that it prevents an applicant who obtained supervisory experience in another state from using that experience to qualify for licensure in this Commonwealth. The Board, therefore, proposes to amend this provision to delete the requirement that a supervisor, under § 47.1a(3)(iii), hold a license in this Commonwealth.
The Board was recently informed that the Association of Social Work Boards (ASWB) is changing the name of its social work licensure examination from the ''intermediate'' level examination to the ''master's'' level examination and is changing its examination for a provisional license from the ''basic'' level examination to the ''bachelor's'' level examination. Accordingly, the Board proposes to change the names of these examinations in § 47.11(a) and (b) (relating to licensure examination).
Section 7(d)(2)(ii) of the act requires an applicant for clinical social work license to hold a license as a social worker. The Board is aware that many applicants for social work licensure are applying only because holding the license is a prerequisite for becoming licensed as a clinical social worker. These applicants have asked whether they might be permitted to complete the clinical social work examination rather than the social work license examination. Because the Board recognizes that the clinical social work examination is an ''umbrella'' examination which encompasses social work as well as clinical social work knowledge, the Board is proposing to amend § 47.11(a) to give applicants for social work licenses the option of completing the ASWB master's level examination or the ASWB clinical level examination.
Section 47.12a(a) (relating to licensed social worker) requires that an applicant for licensure as a social worker have, among other things, a master's degree in social work or social welfare from a school which was an accredited school on the date the degree was awarded or a doctoral degree in social work. The Board has received numerous communications from a member of the public involved in social work education who has raised the concern that the Board is licensing graduates of social work programs that are in candidacy for accreditation but have not yet obtained accreditation. The Board is aware that the process for a program to obtain accreditation is sometimes lengthy and a program can remain on ''in candidacy'' status for some time. The Board is also aware that once a program obtains full accreditation, the accreditation reverts back to the graduating classes of students who were admitted during or after the program was granted candidacy. The Board recognizes that if it were to fail to license graduates of programs that were in candidacy for accreditation, it would result in the failure to establish new social work programs because students would not attend programs unless they were already fully accredited. Accordingly, the Board is proposing to amend § 47.12a(2) to provide notice that beginning 2 years after the effective date of this amendment an applicant for licensure must have received a master's degree in social work or social welfare from a program which was an accredited program on the date the degree was awarded or a doctoral degree in social work. In addition, students who graduate from social work or social welfare master's degree programs that are in candidacy for accreditation at the time of their graduation may apply for licensure once the program obtains accreditation.
The Board is proposing to delete the definition in § 49.1 (relating to definitions) of ''CACREP'' because the acronym is not referred to elsewhere in the regulations and the Board mistakenly included this definition in its regulations.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will have no fiscal impact and imposes no additional paperwork requirements on the Board or its licensees.
The proposed rulemaking should not impose any legal, accounting or reporting requirements on the regulated community.
Predraft Comments
The Board reviewed this rulemaking and considered its purpose and likely impact upon the public and regulated population. The Board solicited predraft input on this proposed rulemaking from licensees, professional associations and educational programs. The Board received approximately five comments to the draft. The Board considered these comments in developing proposed rulemaking.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 26, 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 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 (71 P. S. § 745.5(g)), 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 shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to publication of the final-form 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-699, Technical Licensure Amendments, when submitting comments.
RONALD HAYS,
ChairpersonFiscal Note: 16A-699. 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
GENERAL PROVISIONS § 47.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Accredited school--A graduate [school] program in social work or social welfare accredited by the Council on Social Work Education.
* * * * * § 47.1a. Qualifications for supervisors.
To qualify as a supervisor, an individual shall meet one of the following criteria:
* * * * * (3) Until January 1, 2006, the following criteria:
* * * * * (iii) Hold a license to practice as a social worker in this Commonwealth or in another state.
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] master's level examination or the ASWB clinical level examination.
(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] bachelor's level examination.
* * * * * § 47.12a. Licensed social worker.
(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:
* * * * * (2) [Received] Beginning ______ (Editor's Note: The blank refers to a date 2 years after the effective date of adoption of this proposed rulemaking.), received a master's degree in social work or social welfare from a school which was an accredited school on the date the degree was awarded or a doctoral degree in social work. Students who graduate from social work or social welfare master's degree programs that are in candidacy for accreditation at the time of their graduation may apply for licensure once the program obtains accreditation.
* * * * *
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF PROFESSIONAL COUNSELORS
GENERAL PROVISIONS § 49.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [CACREP--Council for Accreditation of Counseling and Related Programs.]
* * * * *
[Pa.B. Doc. No. 05-1856. Filed for public inspection October 7, 2005, 9:00 a.m.]
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