PROPOSED RULEMAKING
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[49 PA. CODE CHS. 47--49]
Supervised Clinical Experience
[35 Pa.B. 1221] The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend §§ 47.12c, 48.13 and 49.13 (relating to licensed clinical social worker; licensed MFT; and licensed professional counselor) to read as set forth in Annex A. The proposed rulemaking would exclude group supervisory sessions within educational, institutional and agency settings from the requirement that supervisors supervise no more than six supervisees at the same time.
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)).
Background and Purpose
Section 7(d)(3), (e)(3) and (f)(3) of the act (63 P. S. § 1907(d)(3), (e)(3) and (f)(3)) requires an applicant for licensure as a clinical social worker, marriage and family therapist and professional counselor to, among other things, complete hours of supervised clinical experience. Sections 47.12c(b)(6), 48.13(b)(6) and 49.13(b)(6) concerning supervised clinical experience for licensed clinical social workers, licensed marriage and family therapists and licensed professional counselors currently prohibit a supervisor from supervising more than six supervisees at the same time. However, the Board recognizes that group supervision often occurs within educational, institutional and agency settings. In these settings, the Board recognizes that the prohibition of more than six supervisees is overly restrictive and enforcement would result in the exclusion of these sessions from qualifying as supervised clinical experience for purposes of licensure qualification. Accordingly, the Board believes that an exception should be made for these types of group supervisory settings.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will have no fiscal impact and impose 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.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 2, 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 Department, 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-698, Supervised Clinical Experience, when submitting comments.
RONALD HAYS,
ChairpersonFiscal Note: 16A-698. 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
LICENSURE § 47.12c. Licensed clinical social worker.
* * * * * (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.
* * * * * (6) A supervisor shall supervise no more than [6] six supervisees at the same time.
(i) This paragraph does not apply to supervised experience obtained in group sessions within an educational, institutional or agency setting.
(ii) If this provision creates an undue hardship on a supervisee, the supervisor and supervisee may request an exception to this provision. The request [shall] must 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.
* * * * *
CHAPTER 48. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF MARRIAGE AND FAMILY THERAPISTS
LICENSURE § 48.13. Licensed MFT.
* * * * * (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 marriage and family therapy consistent with the applicant's education and training.
* * * * * (6) A supervisor shall supervise no more than [6] six supervisees at the same time.
(i) This paragraph does not apply to supervised experience obtained in group sessions within an educational, institutional or agency setting.
(ii) If this paragraph creates an undue hardship on a supervisee, the supervisor and supervisee may request an exception to this paragraph. The request [shall] must state, in writing, the reasons why this paragraph creates a hardship on the supervisee and why the supervisee is not able to obtain a supervisor who meets the requirements of this paragraph. Before making a determination, the Board may require a personal appearance by the supervisee and supervisor.
* * * * *
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS--LICENSURE OF PROFESSIONAL COUNSELORS
LICENSURE § 49.13. Licensed professional counselor.
* * * * * (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 counseling consistent with the applicant's education and training.
* * * * * (6) A supervisor shall supervise no more than [6] six supervisees at the same time.
(i) This subparagraph does not apply to supervised experience obtained in group sessions within an educational, institutional or agency setting.
(ii) If this paragraph creates an undue hardship on a supervisee, the supervisor and supervisee may request an exception to this paragraph. The request [shall] must state, in writing, the reasons why this paragraph creates a hardship on the supervisee and why the supervisee is not able to obtain a supervisor who meets the requirements of this paragraph. Before making a determination, the Board may require a personal appearance by the supervisee and supervisor.
* * * * *
[Pa.B. Doc. No. 05-282. Filed for public inspection February 11, 2005, 9:00 a.m.]
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