RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND
PROFESSIONAL COUNSELORS
[ 49 PA. CODE CHS. 47 AND 49 ]
Technical Amendments
[38 Pa.B. 484]
[Saturday, January 26, 2008]The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) amends §§ 47.1, 47.1a, 47.11, 47.12a and 49.1 to read as set forth in Annex A.
Effective Date
The amendments take effect upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
Statutory Authority
The amendments are authorized under section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1906(2)), and section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3(a)).
Summary of Comments and Responses on Proposed Rulemaking
Notice of the proposed rulemaking was published at 35 Pa.B. 5530 (October 8, 2005). Publication was followed by a 30-day public comment period during which the Board received comments from the Pennsylvania Chapter of the National Association of Social Workers (NASW-PA), the Association of Social Work Boards (ASWB) and Dr. Edward W. Sites, professor at University of Pittsburgh School of Social Work.
Following the close of the public comment period, the Board received comments from the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC). The Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment. The following is a response to the comments and a description of changes in final rulemaking.
§ 47.1 (relating to definitions).
The HPLC and IRRC commented that in light of the change in definition of ''accredited school,'' there may no longer be a need for the definition of ''accredited program.'' The Board agrees and has deleted the definition of ''accredited program'' in final-form rulemaking.
§ 47.1a (relating to qualification for supervisors).
The HPLC and IRRC brought to the Board's attention that it was proposing to amend paragraph (3), a provision which expired as of January 1, 2006. The Board originally intended to have this change implemented long before the expiration date. Since this is obviously not the case, the Board recognizes that this change is unnecessary.
§ 47.11 (relating to licensure examination).
NASW-PA wrote in support of the Board's proposal to permit applicants for social work licensure to take either the master's level examination or the clinical level examination.
ASWB objected strenuously to the Board's proposal that applicants for the social work license be permitted to take either the master's level examination or the clinical level examination. In particular, ASWB commented that the master's level examination surveys a broad range of skills necessary in many different areas of social work, only one of which is clinical. When MSW graduates are permitted to take the clinical examination to measure minimum competence, they are not tested on many aspects of social work they will encounter in the beginning of their careers. In addition, they are asked on the clinical exam to have mastered knowledge and skills for advanced applications, when they have not yet attained the experience necessary to enhance their competence. Also, they cannot yet meet the Board's regulatory requirements of 2 years of supervised practice before they advance to the licensure level of clinical social worker.
HPLC and IRRC raised objections to the proposed amendments to § 47.11(a) and commented that the proposal violates the intent of the General Assembly as expressed in the act. IRRC also commented that the proposal is not sound policy because the master's level examination and the clinical examination are very different. In particular, IRRC referred to ASWB's comments that permitting entry level MSW's to take the clinical examination without the experience required in the statute and regulations would be tantamount to allowing those who have not concentrated in clinical social work to advance to the status of prospective clinical social workers without the background to assure competence.
The Board reviewed all of these comments and decided it needed additional information relating to the master's level examination and the clinical level examination. The Board invited representatives of ASWB to a Board meeting to address this issue. On March 14, 2006, the Board heard expert testimony of Troy Elliott, Communications Director, ASWB and Nisha Mittal, a psychometrician involved in the development of the ASWB examinations. The testimony elicited indicated that the master's level examination tests entry level skills in many different areas of social work practice and the clinical examination tests advanced applications.
Based upon the comments received and the testimony elicited, the Board has determined that the master's examination and the clinical level examination are, indeed, very different. For this reason, the Board has agreed, in this final-form rulemaking, to delete the option of allowing applicants for social work licensure to take the clinical level examination.
§ 47.12a (relating to licensed social worker).
Dr. Edward W. Sites commented that the Board should not permit 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 to apply for a license when the program obtains accreditation. Dr. Sites explained that the Council on Social Work Education (CSWE), the official accrediting body, always specifies an exact effective date for accreditation and that date is retroactive at least 2 years back into candidacy.
HPLC and IRRC also objected to this proposed change in that the Board lacks statutory authority to allow the licensure of individuals who did not graduate from accredited schools.
In determining whether to amend this proposal, the Board looked to the CSWE for guidance on what it means when a program is in candidacy for accreditation. It learned that programs working toward accreditation are first in precandidacy and then in candidacy. Precandidacy is a time that a new program and its institutional administration engages in a period of preliminary planning, securing resources, and hiring faculty before submitting an application for candidacy. Candidacy is the first step toward the initial accreditation process. Once a program is granted initial accreditation, it automatically covers those graduating classes of students who were admitted during or after the academic year, August to June, in which the program was granted candidacy. Students admitted prior to the academic year in which the program was granted candidacy (such as precandidacy) will not have graduated from a CSWE program. Based upon this information, the Board, in final rulemaking, has decided to delete the changes made in proposed rulemaking and to move the provision that states that 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 believes this amendment does not violate the legislative intent because, as the CSWE has explained, accreditation relates back to cover the period of candidacy, but not precandidacy. Therefore, when the program becomes accredited, the students who were admitted while the program was in candidacy are then considered graduates of an accredited program.
NASW-PA also commented and asked the Board to revise the regulation to allow a student to become licensed upon graduation from a school in candidacy with the understanding that if the school is not successful in becoming accredited, that the license is thereby revoked. The Board's response is that, under the law of the Commonwealth, it cannot administratively revoke licenses once they are issued. However, the provision allowing students who graduate from programs that are in candidacy for accreditation at the time they graduate to apply for licensure once the program obtains accreditation should be a successful resolution of this issue.
Fiscal Impact and Paperwork Requirements
This final-form rulemaking will have no fiscal impact and will not impose additional paperwork requirements on the private sector, the general public or the Commonwealth and its political subdivisions.
Sunset Date
The Board continually monitors the effectiveness of its regulations through communication with the regulated population. Accordingly, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 26, 2005, the Board submitted copies of the notice of proposed rulemaking, published at 35 Pa.B. 5530, to IRRC and the Chairpersons of the SCP/PLC and the HPLC for review and comment.
Under section 5(c) of the Regulatory Review Act, the Board also provided IRRC, SCP/PLC and HPLC with copies of comments received as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments received from IRRC, the HPLC and the public. The Board did not receive comments from the SCP/PLC.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(f.2)), this final-form regulation was approved by the HPLC on November 20, 2007, and deemed approved by SCP/PLC on December 19, 2007. Under section 5.1(e) of the Regulatory Review Act (71 P. S. § 745.51(e)), IRRC met on December 20, 2007, and approved the final-form rulemaking.
Contact Person
Further information may be obtained by contacting Sandra Matter, Administrative Assistant, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1389.
Findings
The Board finds that:
(1) Public notice of 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 thereunder, 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 this final-form rulemaking do not enlarge the purpose of proposed rulemaking published at 35 Pa.B. 5530.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing acts identified in this Preamble.
Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapters 47 and 49, are amended by amending §§ 47.1, 47.11, 47.12a and 49.1 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 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 upon publication in the Pennsylvania Bulletin.
MICHAEL J. DESTEFANO,
Chairperson(Editor's Note: The amendment of § 47.1a, included in the proposed rulemaking at 35 Pa.B. 5530, has been withdrawn by the Board.)
Fiscal Note: Fiscal Note 16A-699 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
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 program in social work or social welfare accredited by the Council on Social Work Education.
Act--The Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §§ 1901--1922).
Board--The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
Client/patient--An individual, group or family for whom a licensed social worker or licensed clinical social worker provides social work services or clinical social work services. In the case of an individual with a legal guardian, such as a minor or legally incapacitated adult, the individual is the client/patient.
Immediate family member--A parent/guardian, child, sibling, spouse or other family member with whom the client/patient resides.
Licensed clinical social worker--A person who is currently licensed as a licensed clinical social worker under section 7 of the act (63 P. S. § 1907).
Licensed social worker--A person who is currently licensed as a licensed social worker under section 7 of the act.
Professional relationship--A therapeutic relationship which is deemed to exist for the period of time beginning with the first professional contact or consultation between a licensed social worker or licensed clinical social worker and a client/patient and continuing thereafter until the last date of a professional service. If a licensed social worker or licensed clinical social worker sees a client/patient on an intermittent basis, the professional relationship is deemed to start anew on each date that the licensed social worker or licensed clinical social worker provides a professional service to the client/patient.
Provisional licensed social worker--A person who is currently licensed as a provisional licensed social worker under section 7 of the act.
Related field--Includes the fields of psychiatry, psychology, marriage and family therapy, counseling, art therapy, dance/movement therapy, drama therapy, music therapy, human services and counseling education.
Sexual intimacies--Romantic, sexually suggestive, sexually demeaning or erotic behavior. Examples of this behavior include the following:
(i) Sexual intercourse, or any touching of the sexual or intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.
(ii) Nontherapeutic verbal communication or inappropriate nonverbal communication of a sexual or romantic nature.
(iii) Sexual invitations.
(iv) Soliciting or accepting a date from a client/patient.
(v) Masturbating in the presence of a client/patient or encouraging a client/patient to masturbate in the presence of the licensed social worker or licensed clinical social worker.
(vi) Indecent exposure, kissing, hugging, touching, physical contact or self-disclosure of a sexual or erotic nature.
Supervisee--An individual who is fulfilling the supervised experience requirement for licensure as a clinical social worker.
Supervision--The act of overseeing, directing or instructing the activity or course of action of another.
Supervisor--An individual providing supervision to a supervisee who meets the criteria in § 47.1a (relating to qualifications for supervisors).
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)) master's 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) bachelor's level examination.
(c) The examination required as a prerequisite to being granted a license to hold oneself out as a licensed clinical social worker is the ASWB (formerly known as AASSWB) clinical level examination.
(d) The applicant shall apply to the testing organization for admission to the applicable licensure examination and shall pay the required fee at the direction of the testing organization.
(e) The passing grade for the examination will be determined by the Board.
(f) The applicant shall be responsible for directing that the testing organization send examination results and other information requested to the Board.
§ 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:
(1) Satisfied the general requirements for licensure of § 47.12 (relating to qualifications for licensure).
(2) 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.
(3) Passed the examination required by § 47.11 (relating to licensure examination).
(b) 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 when the program obtains accreditation.
(c) An applicant who is a graduate of a foreign school shall submit to the Board an evaluation of foreign credentials performed by the Council on Social Work Education, which assesses the foreign credentials to be the equivalent of the curriculum policy of an accredited graduate school during the same time period, to be considered as meeting the requirements of having earned a master's degree in social work or social welfare from an accredited school.
(d) If an applicant has a graduate or an equivalent degree or certificate in social work or social welfare, which was granted prior to July 1, 1952, the Board will review the complete application individually.
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:
Accredited educational institution--A graduate school which is recognized as an institution of higher education or which is accredited by a regional accrediting association recognized by the Council for Higher Education Accreditation.
Act--The Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §§ 1901--1922).
Board--The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
Client/patient--An individual, group or family for whom a licensed professional counselor provides professional counseling services. In the case of an individual with a legal guardian such as a minor or legally incapacitated adult, the individual is the client/patient.
Doctoral degree in a field closely related to the practice of professional counseling--Includes one of the following:
(i) Doctoral degrees in social work, psychiatry, psychology, art therapy, dance/movement therapy, drama therapy, music therapy, human services, counseling education and child development and family studies.
(ii) Another doctoral degree in any applied behavioral science which is awarded after successful completion of a master's degree in a field closely related to the practice of professional counseling and that includes advanced (beyond the master's level) clinical instruction and advanced (beyond the master's level) coursework in any five of the educational requirements in § 49.2(1)--(8) (relating to educational requirements).
Doctoral degree in professional counseling--A doctoral degree which is awarded upon successful completion of a program which includes coursework that meets and builds upon the educational requirements in § 49.2.
Immediate family member--A parent/guardian, child, sibling, spouse or other family member with whom the client/patient resides.
Institution of higher education--An independent institution of higher education, a community college, a State-related institution or a member institution of the State System. See 22 Pa. Code § 33.102 (relating to definitions).
Master's degree in a field closely related to the practice of professional counseling--Includes one of the following:
(i) Degrees in social work, psychology, art therapy, dance/movement therapy, drama therapy, music therapy, human services, counseling education and child development and family studies.
(ii) A degree in any applied behavioral science that includes a practicum or internship and meets any five of the educational requirements in § 49.2(1)--(8).
Planned program of 60 semester hours or 90 quarter hours of graduate coursework in counseling or a field closely related to the practice of professional counseling--A program which includes coursework that meets the criteria in § 49.2.
Professional relationship--A therapeutic relationship which is deemed to exist for the period of time beginning with the first professional contact or consultation between a licensed professional counselor and a client/patient and continuing thereafter until the last date of a professional service. If a licensed professional counselor sees a client/patient on an intermittent basis, the professional relationship is deemed to start anew on each date that the licensed professional counselor provides a professional service to the client/patient.
Related field--Includes the fields of psychiatry, psychology, social work, marriage and family therapy, art therapy, dance/movement therapy, drama therapy, music therapy, human services and counseling education.
Sexual intimacies--Romantic, sexually suggestive, sexually demeaning or erotic behavior. Examples of this behavior include the following:
(i) Sexual intercourse, or any touching of the sexual or intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.
(ii) Nontherapeutic verbal communication or inappropriate nonverbal communication of a sexual or romantic nature.
(iii) Sexual invitations.
(iv) Soliciting or accepting a date from a client/patient.
(v) Masturbating in the presence of a client/patient or encouraging a client/patient to masturbate in the presence of the licensed professional counselor.
(vi) Indecent exposure, kissing, hugging, touching, physical contact or self-disclosure of a sexual or erotic nature.
Supervisee--An individual who is fulfilling the supervised experience requirement for licensure.
Supervision--The act of overseeing, directing or instructing the activity or course of action of another.
Supervisor--An individual providing supervision to a supervisee who meets the criteria in § 49.3 (relating to qualifications for supervisors).
[Pa.B. Doc. No. 08-131. Filed for public inspection January 25, 2008, 9:00 a.m.]
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