RULES AND REGULATIONS
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[49 PA. CODE 47--49]
Continuing Education
[36 Pa.B. 7841]
[Saturday, December 23, 2006]The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) amends §§ 47.32--47.37, 47.39 and 47.41 and adds §§ 47.36a, 48.31--48.42 and 49.31--49.42 to read as set forth in Annex A.
Effective Date
The final-form rulemaking is effective upon 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 permitted 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 as a condition of biennial renewal of social workers and clinical social workers. This final-form rulemaking amends the provisions pertaining to continuing education for social workers in Chapter 47 to recognize the two classes of social work licenses, social worker and clinical social worker, and adds similar provisions in Chapters 48 and 49 to include continuing education requirements for marriage and family therapists and professional counselors, respectively. The amendments to Chapters 48 and 49 require licensed marriage and family therapists and professional counselors to complete 30 clock hours during the preceding biennial period to renew a license. The continuing education requirement will apply to renew a license with the renewal period beginning March 1, 2009.
Summary of Comments and Responses on Proposed Rulemaking
Notice of the proposed rulemaking was published at 35 Pa.B. 2640 (April 30, 2005). The Board received comments from the Independent Regulatory Review Commission (IRRC), the House Professional Licensure Committee (HPLC), Fresenius Medical Care, Pennsylvania Society for Clinical Social Work (PSCSW), Pennsylvania Alliance of Counseling Professionals and the Pennsylvania Chapter of the National Association of Social Workers (NASW). The Board also received comments from 15 individuals. The comments and the Board's responses are as follows.
§§ 48.32 and 49.32. Requirement for biennial renewal.
IRRC and the HPLC expressed concern that licensees who currently do not have a continuing education requirement may not have received adequate notice of the new requirement and may have difficulty obtaining the requirements for the 2007-09 renewal period. The Board has revised the language to require that the continuing education must be completed during the biennial renewal period beginning March 1, 2007, to renew a license for the March 1, 2009, renewal period.
§§ 47.33, 48.33 and 49.33. Acceptable continuing education courses and programs.
The HPLC and the PSCSW commented that proposed subsection (d) which would allow licensees to receive credit for up to 20 of the 30 required hours by home study, or 2/3 of the required hours, was too large. The Board considered this concern but believes that home study courses are as valuable as classroom courses. The Board recognizes that home study is critical to licensees in rural areas. The Board, therefore, has decided not to decrease the number of allowable credits of home study.
The HPLC and IRRC noted an inconsistency in proposed language in §§ 47.33(a), 48.33(a) and 49.33(a) in that § 48.33(a) allowed a licensee to 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. Sections 47.33(a) and 49.33(a) did not include the work ''course.'' The Board noted the error and added the word ''course'' in both subsections.
The HPLC noted that proposed §§ 47.33(a), 48.33(a) and 49.33(a) stated ''only courses or programs offered by Board approved providers will be accepted for continuing education credit'' whereas §§ 47.36a, 48.37 and 49.37 (relating to other sources of continuing education) stated that credit will be given on a case-by-case basis for other experiences. The HPLC recommended that these provisions be reconciled by adding the phrase ''except as otherwise provided'' to §§ 47.33(a), 48.33(a) and 49.33(a). The Board agreed and amended the language accordingly.
The HPLC and IRRC also recommended replacing the phrase ''practice building'' with the phrase ''marketing the practice'' in subsection (c). The Board agrees and has changed the language accordingly.
Also, these proposed provisions allow licensees to accrue credits using home study courses if the home study course has specific learning objectives which the provider evaluates to assure that learning has taken place. The HPLC and IRRC asked how evaluations of home study courses would be implemented and asked the Board to provide examples. The Board, in response, notes that many home study courses require the successful completion of an examination after the completion of the course. The provider requires a particular percentage of correct answers for the student to receive credit for completing the course.
§ 47.36. Preapproved providers of continuing education courses and programs for social workers and clinical social workers.
§ 48.36. Preapproved providers of continuing education courses and programs for marriage and family therapists.
§ 49.36. Preapproved providers of continuing education courses and programs for professional counselors.
Several individual commentators offered several additions or corrections to the lists of preapproved providers in §§ 47.36(a), 48.36(a) and 49.36(a). The Board reviewed these lists and made appropriate corrections and additions.
Many commentators also raised the concern that the Board was deleting § 47.36(c), which allowed the Board to approve participation in other continuing education courses so long as the licensee submits, prior to attendance, an application. The Board agreed that this provision should be retained. Accordingly, § 47.36(c) has been retained in final-form rulemaking and similar provisions have been added to Chapters 48 and 49. Many commentators also asked the Board to allow individuals to apply for continuing education credit after attending a program. The Board considered this comment but decided against implementing this change because it would render prior approval meaningless. In addition, allowing individuals to apply for approval after already taking the course would be inordinately time consuming and costly to the administration of the Board and of little value to licensees who, having paid for and taken a course in reliance on the supposition that it would be approved, would have to find a replacement once the course was disapproved. Also, the Board notes that under subsection (c), a licensee will be able to take a course not previously approved so long as the licensee applies at least 1 day prior to taking the course.
§§ 47.37, 48.38 and 49.38. Reporting by licensee of hours spent in continuing education.
The HPLC and IRRC expressed confusion with the proposed amendment to subsection (a) pertaining to ''certified statement'' which would delete the requirement that an applicant use ''forms approved by the Board.'' The Board agrees that the amendment could be confusing and has added a sentence clarifying that the certification statement will be provided on the Board's application form for renewal of licensure.
IRRC also noted that proposed subsection (b)(7) required the licensee to provide ''the Board approval number assigned to the course or program'' and asked whether all preapproved organizations have an approval number for each course or program. The Board recognizes that not all preapproved organizations have an approval number. Accordingly the Board has amended this subsection to require a Board approval number unless the provider is preapproved.
§§ 47.36a, 48.37 and 49.37. Other sources of continuing education.
IRRC noted that proposed subsection (a)(3) allowed consideration of clock hours for publications of articles, books and research regarding the practice of social work or clinical social work and that the clock hours should be related to the practice of marriage and family therapy and professional counseling respectively. The Board agrees and has made the appropriate changes to these sections.
The HPLC noted a drafting error with respect to the phrase ''services as a teacher (first-time experience only)'' in §§ 47.36a(a)(2), 48.37a(a)(2) and 49.37(a)(2) and recommended that the phrases be rewritten to remove the parentheses. The Board agreed and made the changes in final-form rulemaking.
§§ 47.39, 48.40 and 49.40. Exemption and waiver.
The HPLC noted that §§ 47.39, 48.40 and 49.40 provide for waiver of continuing education for individuals applying for licensure for the first time. The HPLC did not object to these provisions, noting that there are sound reasons to have these policies. However, the HPLC noted that section 18 of the act does not expressly authorize the Board to grant waivers or to exempt first time licensees from the continuing education requirements. To resolve this conundrum, the HPLC suggested that the Board recommend to the Legislature that the act be amended to authorize the Board to grant waivers and an exemption. The Board will look into this suggestion.
The Pennsylvania Alliance of Counseling Professionals asked that, in addition to granting a waiver of all or part of a continuing education requirement, the Board allow for the granting of time extensions for completing continuing education for good cause. The Board agrees with this request and has amended §§ 47.39, 48.40 and 49.40 accordingly.
Miscellaneous issues
One commentator asked the Board to reduce the deadline for a sponsor to submit an application for approval as provider of a course or program in § 47.34 (relating to registration of continuing education providers who offer one course or program) from 90 days to 60 days. However, the Board and Board staff need 90 days to review applications and request additional information if necessary. Accordingly, the Board has determined that the 90-day deadline is necessary.
A member of the Philadelphia Center for Psychoanalytic Education questioned whether it could become a preapproved provider. The Board notes that under § 47.36(a)(6)(ix) (relating to preapproved providers of continuing education courses and programs for social workers and clinical social workers), it would be approved under The American Psychological Association. The commentator also asked if sponsors and participants could apply for course approval on the Internet. The Board decided against this suggestion because necessary supporting documents could not be submitted on the Internet.
Fiscal Impact and Paperwork Requirements
The final-form 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 final-form rulemaking will not have additional adverse fiscal impact on the Commonwealth or its political subdivisions. There will be a fiscal impact upon licensees who will be required to pay for and complete continuing education hours.
Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
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 the notice of proposed rulemaking, published at 35 Pa.B. 2640, to IRRC and the Chairpersons of the HPLC and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the HPLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 21, 2006, the final-form rulemaking was approved by the HPLC. On November 29, 2006, the final-form rulemaking was deemed approved by SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 30, 2006, and approved the final-form rulemaking.
Contact Person
Interested persons may obtain information regarding the final-form rulemaking by contacting Beth Sender Michlovitz, Board Counsel, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2659, Harrisburg, PA 17105-2649, bmichlovit@state.pa.us.
Findings
The Board finds that:
(1) Public notice of the proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated there under, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendments to the final-form rulemaking do not enlarge the purpose of the proposed rulemaking published at 35 Pa.B. 2640.
(4) This final-form rulemaking is necessary and appropriate for administration and enforcement of the act.
Order
The Board orders that:
(a) The regulations of the Board, 49 Pa. Code Chapters 47--49, are amended by amending §§ 47.32--47.37, 47.39 and 47.41 and adding §§ 47.36a, 48.31--48.42 and 49.31--49.42 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
RONALD HAYS,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 7777 (December 16, 2006).)
Fiscal Note: Fiscal Note 16A-6912 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 47. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
CONTINUING EDUCATION § 47.32. Requirement for biennial renewal.
(a) The Board 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 2009 renewals and thereafter, at least 3 of the required 30 clock hours must be related to ethical issues.
(b) The Board requires, 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. Effective with the 2009 renewals and thereafter, at least 3 of the required 30 clock hours must be in ethical issues. Excess clock hours may not be carried over to the next biennium.
§ 47.33. Acceptable continuing education courses and programs.
(a) Only courses or programs offered by Board approved providers will be accepted for continuing education credit, except as provided in § 47.36a (relating to other sources of continuing education).
(b) 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 practice building.
(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.
§ 47.34. 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.
(b) An applicant for Board approval as a provider of a course or program shall submit an application, along with a fee of $45, at least 90 days before the date the course or program commences.
(c) 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 instructors' 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) Evidence of meeting the standards in § 47.35 (relating to standards for courses and programs).
(d) Statements made in the application shall be sworn to be true and correct to the best of the applicant's information, knowledge and belief.
(e) Upon approval as a qualified provider of a course or program, a Board approval number will be assigned and must be listed on the certificate of attendance. Approval is limited to the biennial period in which the course is given.
(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 a revised application within 10 days after receipt of disapproval. Revised applications must document alterations made to meet Board requirements. Notification on 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.
(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 shall 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.
§ 47.36. 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 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 programs accredited by the Council on Social Work Education.
(2) 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) Graduate programs accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP).
(6) 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 Association (CSWA) 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).
(7) 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 Clinical Social Work Association (CSWA).
(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) The 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, as preapproved providers, other organizations who offer multiple courses and programs for social workers and clinical social workers. The request for approval shall be submitted to the Board in writing along with a rationale as to why the organization should be included as a preapproved provider.
(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).
(d) 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.
§ 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) First-time experience as a teacher.
(3) Publications of articles, books and research relating to the practice of social work or clinical social work.
(4) Services as a preceptor, lecturer or speaker.
(b) A licensee who wishes to obtain clock hours for credit under subsection (a)(1), (2) or (4) 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 a signed statement certifying that the continuing education requirements have been met. The certification statement will be included on the application form for renewal of licensure.
(b) A licensee selected for audit shall provide information to document the licensee's certification, which information shall 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 unless the provider is preapproved under § 47.36(a) (relating to preapproved providers of continuing education courses and programs for social workers and clinical social workers).
§ 47.39. 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 or grant an extension of 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 shall include a description of circumstances sufficient to show why compliance is impossible. The request for waiver or extension will be evaluated by the Board on a case-by-case basis. Requests for waivers and extensions 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 or extension request.
§ 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)).
(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 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 §§ 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 2009 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. Up to 20 clock hours may be obtained by home study. 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, except as provided in § 48.37 (relating to other sources of continuing education).
(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 practice building.
(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.
(b) 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 instructors' 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) Evidence of meeting the standards in § 48.35 (relating to standards for courses and programs).
(c) Statements made in the application must be sworn to be true and correct to the best of the applicant's information, knowledge and belief.
(d) Upon approval as a qualified provider of a course or program, a Board approval number will be assigned and will be listed on the certificate of attendance. Approval is limited to the biennial period in which the course is given.
(e) 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.
(f) 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 must document alterations made to meet Board requirements. Notification on revised applications will occur as soon as possible within the Board's capability.
(g) 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 or licensee 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; 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.
§ 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) Graduate programs accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP).
(6) 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 Association (CSWA) 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).
(7) 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 Clinical Social Work Association (CSWA).
(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) The 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, as preapproved providers, other organizations who offer multiple courses and programs for marriage and family therapists. The request for approval shall be submitted to the Board in writing along with a rationale as to why the organization should be included as a preapproved provider.
(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).
(d) 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 § 48.35, and upon completion of the course or program submits verification of attendance.
§ 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) First-time experience as a teacher.
(3) Publications of articles, books and research relating to the practice of marriage and family therapy.
(4) Services as a preceptor, lecturer or speaker.
(b) A licensee who wishes to obtain clock hours for credit under subsection (a)(1), (2) or (4) 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) 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. The certification statement will be included on the application form for renewal of licensure.
(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 unless the provider is preapproved under § 48.36(a) (relating to preapproved providers of continuing education courses and programs for marriage and family therapists).
§ 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 continuing 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 grant an extension or 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 shall include a description of circumstances sufficient to show why compliance is impossible. A waiver or extension request will be evaluated by the Board on a case-by-case basis. Waivers and extensions 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 or extension 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 §§ 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 2009 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. Up to 20 clock hours may be obtained by home study. 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 except as provided in § 49.37 (relating to other sources of continuing education).
(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 practice building.
(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.
§ 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.
(b) 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 instructors' 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) Evidence of meeting the standards in § 49.35 (relating to standards for courses and programs).
(c) Statements made in the application must be sworn to be true and correct to the best of the applicant's information, knowledge and belief.
(d) Upon approval as a qualified provider of a course or program, a Board approval number will be assigned and will be listed on the certificate of attendance. Approval is limited to the biennial period in which the course is given.
(e) 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.
(f) 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 must document alterations made to meet Board requirements. Notification on revised applications will occur as soon as possible within the Board's capability.
(g) 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 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 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 postgraduate training programs accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE).
(5) Graduate programs accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP).
(6) 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 Association (CSWA) 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).
(7) 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 Clinical Social Work Association (CSWA).
(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) The 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, as preapproved providers, other organizations who offer multiple courses and programs for professional counselors. The request for approval shall be submitted to the Board in writing along with a rationale as to why the organization should be included as a preapproved provider.
(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).
(d) 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 § 49.35, and upon completion of the course or program submits verification of attendance.
§ 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) First-time experience as a teacher.
(3) Publications of articles, books and research relating to the practice of professional counseling.
(4) Services as a preceptor, lecturer or speaker.
(b) A licensee who wishes to obtain clock hours for credit under subsection (a)(1), (2) or (4) 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. The certification statement will be included on the application form for renewal of licensure.
(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 unless the provider is preapproved under § 49.36(a) (relating to preapproved providers of continuing education courses and programs for professional counselors).
§ 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 continuing 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 grant an extension or 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 shall include a description of circumstances sufficient to show why compliance is impossible. A waiver or extension request will be evaluated by the Board on a case-by-case basis. Waivers and extensions 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 or extension 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. 06-2511. Filed for public inspection December 22, 2006, 9:00 a.m.]
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