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, 48 AND 49 ]
Licensure by Endorsement; Hours of Supervised Clinical Experience
[41 Pa.B. 4627]
[Saturday, August 27, 2011]The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) amends §§ 47.12c and 47.12d (relating to licensed clinical social worker; and standards for supervisors) and adds §§ 47.16, 48.17 and 49.18 (relating to licensure by endorsement) to read as set forth in Annex A.
Statutory authority
The act of July 9, 2008 (P. L. 929, No. 68) (Act 68) amended section 7(d) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1907(d)) to reduce the number of hours of supervised clinical experience required as a condition of licensure as a licensed clinical social worker from 3,600 to 3,000. Act 68 also added section 10.1 of the act (63 P. S. § 1910.1) to establish licensure by endorsement for clinical social workers, marriage and family therapists and professional counselors. Section 4 of Act 68 directs the Board to promulgate regulations to implement the addition of section 10.1 of the act within 3 years of the effective date of Act 68. The effective date of Act 68 was September 7, 2008. Section 6(2) of the act (63 P. S. § 1906(2)) authorizes the Board to adopt and, from time to time, revise rules and regulations as may be necessary to carry into effect provisions of the act.
Background and Purpose
The final-form rulemaking is required to implement licensure by endorsement for clinical social workers, marriage and family therapists and professional counselors as required under section 10.1 of the act and to amend existing regulations to conform to the recent amendments to the act reducing the number of hours of supervised clinical experience required as a condition of licensure as a licensed clinical social worker from 3,600 to 3,000.
Summary of Comments and the Board's Response
The Board published a proposed rulemaking at 40 Pa.B. 2131 (April 24, 2010) with a 30-day public comment period. On April 26, 2010, the Board received public comment from the Pennsylvania Chapter of the National Association of Social Workers (NASW-PA). NASW-PA objected to the proposal in § 47.12c(b)(2) to reduce the number of hours of supervised clinical experience an applicant may earn during a 12-month period from 1,800 to 1,500 hours. The Board had intended to continue the existing regulatory scheme, whereby the required hours of supervised clinical experience shall be completed in no less than 2 years, with half of the hours completed in the first year and the remaining half completed in the second year. The Board recognized that many candidates for licensure are currently pursuing the required supervised clinical experience and proposed to amend subsection (c) to accept up to 1,800 hours in a given 12-month period that was completed prior to the effective date of this final-form rulemaking so that no one would be adversely affected by the change midstream. However, in response to the NASW-PA's comment, the Board agrees that the reduction in the maximum hours completed in any given 12-month period is not necessary to effectuate the overall statutory reduction to 3,000 total hours, and has amended the final-form rulemaking to continue to accept a maximum of 1,800 hours completed during a given year, with the understanding that the total of 3,000 hours shall be completed in no less than 2 years in accordance with § 47.12c(b)(9).
The House Professional Licensure Committee (HPLC) submitted only one comment questioning the lack of consistency with reference to the use of ''state'' and ''jurisdiction'' in §§ 47.16, 48.17 and 49.18. The HPLC also asked if the use of the word ''state'' includes a United States territory, possession or the District of Columbia. Section 1991 of 1 Pa.C.S. (relating to definitions) provides that the word ''state'' ''[w]hen used in reference to the different parts of the United States, includes the District of Columbia and the several territories of the United States.'' To address the inconsistency pointed out by the HPLC, the Board amended all three sections to eliminate the use of the term ''jurisdiction'' in favor of ''state'' because that is the term used in Act 68 and defined in 1 Pa.C.S. § 1991.
Finally, the Independent Regulatory Review Commission (IRRC) submitted three comments for the Board's consideration. First, IRRC pointed out that deleting ''3 years or'' from § 47.12c(a)(5) would be inconsistent with the act. IRRC suggested that the Board retain this phrase and provide in the paragraph what is considered to be 3 years of experience acceptable to the Board to qualify the applicant for licensure. The Board's intent in eliminating ''3 years or'' was to avoid absurd interpretations by applicants who claim that they have completed 3 years of supervised clinical experience and therefore have met the statutory requirements for licensure when the applicant could demonstrate significantly less than 3,600 hours over the 3-year period. Taken to its extreme, an applicant could argue that they did 1 hour of supervised clinical experience each year for 3 years and should, therefore, qualify for licensure under the act. Standards for obtaining licensure should not be open to absurd interpretations. Section 1922(1) of 1 Pa.C.S. (relating to presumptions in ascertaining legislative intent) provides that ''the General Assembly does not intend a result that is absurd . . . or unreasonable.'' In addition, it could not possibly have been the legislative intent to require similarly situated applicants to complete vastly differing amounts of supervised clinical experience. A majority of states that license clinical social workers require at least 3,000 hours of supervised clinical experience as a prerequisite to licensure. That is why an applicant for licensure by endorsement is also required to have completed at least 3,000 hours of supervised clinical experience. For these reasons, the Board sought to clarify the legislative intent by deleting from the regulations ''3 years or'' whichhas caused significant confusion for many years. However, in response to IRRC's comment, the Board has retained the phrase and, as suggested, added a sentence clarifying that ''3 years of supervised clinical experience'' means three 12-month periods during each of which the applicant has completed at least 1,000 hours of super- vised clinical experience meeting the requirements in § 47.12c(b).
IRRC also asked for an explanation of the need to amend the limit on the number of hours that can be counted in a 12-month period from 1,800 to 1,500. As previously discussed, the Board reconsidered its position in response to the comments by NASW-PA and IRRC and amended the final-form rulemaking to retain the 1,800- hour limit. Finally, like the HPLC, IRRC asked the Board to clarify its use of the word ''state'' and ''jurisdiction'' in the final-form rulemaking. As previously noted, the Board amended the final-form rulemaking to eliminate the use of ''jurisdiction'' in favor of the statutory term ''state.''
Description of Amendments to the Final Rulemaking
Section 47.12c(a) is amended to retain the requirement that an applicant for licensure as a licensed clinical social worker complete at least ''3 years or'' 3,000 hours of supervised clinical experience. The Board added a sentence defining what is meant by ''3 years of supervised clinical experience'' as three 12-month periods during each of which the applicant has completed at least 1,000 hours of supervised clinical experience meeting the requirements in subsection (b).
Section 47.12c(b)(9) is amended to retain the upper limit of 1,800 hours of supervised clinical experience that may be credited in any 12-month period. As a result, the proposed amendment to subsection (c) is unnecessary and subsection (c) is being deleted in its entirety.
Sections 47.16(4), 48.17(3) and 49.18(3) are amended to eliminate the use of ''jurisdiction'' in favor of the statutory term ''state,'' which the Board interprets as defined in 1 Pa.C.S. § 1991 to include the District of Columbia and the United States territories.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking requires the Board to create new application forms for licensure by endorsement. However, the final-form rulemaking should not create additional paperwork for the private sector with the exception of those individuals who apply for licensure by endorsement. The final-form rulemaking should not result in additional legal, accounting or reporting requirements for the Commonwealth or the regulated community.
Sunset Date
The Board continuously monitors the effectiveness of its regulations on a fiscal year and biennial basis. Therefore, a sunset date has not been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 8, 2010, the Board submitted a copy of the notice of proposed rulemaking, published at 40 Pa.B. 2131, 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 Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on June 22, 2011, the final-form rulemaking was approved by the HPLC. On July 20, 2011, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on July 21, 2011, and approved the final-form rulemaking.
Contact Person
Further information may be obtained by contacting Beth Michlovitz, Counsel, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649.
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 the final-form rulemaking do not enlarge the purpose of proposed rulemaking published at 40 Pa.B. 2131.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified this preamble.
Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapters 47, 48 and 49, are amended by amending §§ 47.12c and 47.12d and by adding §§ 47.16, 48.17 and 49.18 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.
DONNA A. TONREY, LMFT,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 41 Pa.B. 4265 (August 6, 2011).)
Fiscal Note: Fiscal Note 16A-6916 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
LICENSURE § 47.12c. Licensed clinical social worker.
(a) Conditions for licensure. To be issued a license to hold oneself out as a licensed clinical 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) Holds a master's degree in social work or social welfare or a doctoral degree in social work from a school accredited by the Council on Social Work Education. 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.
(3) Is licensed under the act as a social worker.
(4) Passed the examination required under § 47.11 (relating to licensure examination).
(5) Completed at least 3 years or 3,000 hours of supervised clinical experience meeting the criteria in subsection (b) after completion of the master's degree in social work. For purposes of this paragraph, ''3 years of supervised clinical experience'' means three 12-month periods during each of which the applicant has completed at least 1,000 hours of supervised clinical experience meeting the requirements in subsection (b). Supervision for the clinical experience shall be provided by a supervisor as defined in §§ 47.1 and 47.1a (relating to definitions; and qualifications for supervisors).
(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, and conforms to the following:
(1) At least 1/2 of the experience shall consist of providing services in one or more of the following areas:
(i) Assessment.
(ii) Psychotherapy.
(iii) Other psychosocial-therapeutic interventions.
(iv) Consultation.
(v) Family therapy.
(vi) Group therapy.
(2) Supervision for the clinical experience shall be provided by a supervisor as defined in §§ 47.1 and 47.1a. However, at least 1,500 hours shall be supervised by a supervisor meeting the qualifications in § 47.1a(1) and (3).
(3) A supervisee shall disclose his status as a supervisee to each patient and obtain written permission to discuss the patient's case with the supervisor.
(4) The supervisor shall oversee, direct, recommend and instruct the clinical social work activities of the supervisee.
(i) A supervisor who is temporarily unable to provide supervision shall designate another supervisor as a substitute.
(ii) Although the supervisor shall continue to bear the ultimate responsibility for supervision, those to whom supervisory responsibilities are delegated shall be individually responsible for activities of the supervisee performed under their supervision.
(5) The supervisor, or one to whom supervisory responsibilities have been delegated, shall meet with the supervisee for a minimum of 2 hours for every 40 hours of supervised clinical experience. At least 1 of the 2 hours shall be with the supervisee individually and in person, and 1 of the 2 hours may be with the supervisee in a group setting and in person.
(6) A supervisor shall supervise no more than 6 supervisees at the same time. If this provision creates an undue hardship on a supervisee, the supervisor and supervisee may request an exception to this provision. The request shall 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.
(7) A supervisor who wishes to terminate supervision during the training period shall give the supervisee 2 weeks written notice to enable the supervisee to obtain another qualified supervisor. A supervisor may not terminate supervision when termination would result in abandonment of the supervisee's client/patient.
(8) Supervised work activity will be counted toward satisfying the experience requirement only if it takes place in a single setting for either, first, at least 30 hours per week but no more than 50 hours per week during at least a 3 month period or, second, at least 15 hours per week for a period of at least 6 months.
(9) The supervised clinical experience shall be completed in no less than 2 years and no more than 6 years, except that at least 500 hours and no more than 1,800 hours may be credited in any 12-month period.
§ 47.12d. Standards for supervisors.
Supervisors, and those to whom supervisory responsibilities are delegated, under § 47.12c(a)(5) (relating to licensed clinical social worker) shall comply with the standards in this section. Supervisors will be asked to attest to compliance on the verification of experience form which shall accompany the supervisee's application for licensure. The Board reserves the right to require a supervisor by documentation or otherwise to establish to the Board's satisfaction that compliance occurred.
* * * * * (6) The supervisor shall be empowered to recommend the interruption or termination of the supervisee's activities in providing services to a client/patient and, if necessary, to terminate the supervisory relationship. Any hours accumulated for activities not approved by the supervisor will not count toward satisfying the 3,000 hours of supervised experience.
* * * * * § 47.16. Licensure by endorsement.
To be issued a license by endorsement without examination as a licensed clinical 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) Holds a master's degree in social work or social welfare or a doctoral degree in social work from a school accredited by the Council on Social Work Education. 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, that is, as meeting the requirements of having earned a master's degree in social work or social welfare from an accredited school.
(3) Passed a clinical social work examination acceptable to the Board. The Board will accept an applicant's examination grades taken in another jurisdiction, as furnished through the professional examination reporting service or from the jurisdiction that administered the examination. The applicant shall demonstrate that the examination taken in the other jurisdiction is similar to the one offered by the Commonwealth, and that the applicant passed the examination with a grade at least equal to the passing grade set by the Commonwealth.
(4) Holds a clinical social work license that is in good standing from another state. The applicant shall provide a letter from the other state's licensing authority where the clinical social worker is licensed certifying licensure and reporting any disciplinary history.
(5) Demonstrates to the Board's satisfaction that the applicant has completed a minimum of 3,000 hours of supervised clinical experience that conforms to the requirements of the state in which the applicant is currently licensed.
CHAPTER 48. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS—LICENSURE OF MARRIAGE AND FAMILY THERAPISTS
LICENSURE § 48.17. Licensure by endorsement.
To be issued a license by endorsement without examination as a marriage and family therapist, 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 § 48.12 (relating to general qualifications for licensure).
(2) Satisfied the educational requirements in section 7(e)(2) of the act (63 P. S. § 1907(e)(2)) and § 48.13(a)(3) (relating to licensed MFT).
(3) Holds a marriage and family therapy license that is in good standing from another state. The applicant shall provide a letter from the other state's licensing authority where the marriage and family therapist is licensed certifying licensure and reporting any disciplinary history.
(4) Demonstrates to the Board's satisfaction that the applicant has completed a minimum of 3,000 hours of supervised clinical experience that conforms to the licensure requirements of the state in which the applicant is currently licensed.
(5) Demonstrates to the Board's satisfaction that the applicant has, at a minimum, been actively engaged in the practice of marriage and family therapy for 5 of the last 7 years immediately preceding the filing of the application for licensure by endorsement with the Board.
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS—LICENSURE OF PROFESSIONAL COUNSELORS
LICENSE § 49.18. Licensure by endorsement.
To be issued a license by endorsement without examination as a professional counselor, 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 § 49.12 (relating to general qualifications for licensure).
(2) Satisfied the educational requirements in section 7(f)(2) of the act (63 P. S. § 1907(f)(2)) and § 49.13(a)(3) (relating to licensed professional counselor).
(3) Holds a professional counselor license that is in good standing from another state. The applicant shall provide a letter from the other state's licensing authority where the professional counselor is licensed certifying licensure and reporting any disciplinary history.
(4) Demonstrates to the Board's satisfaction that the applicant has completed a minimum of 3,000 hours of supervised clinical experience that conforms to the requirements of the state in which the applicant is currently licensed.
(5) Demonstrates to the Board's satisfaction that the applicant has, at a minimum, been actively engaged in the practice of professional counseling for 5 of the last 7 years immediately preceding the filing of the application for licensure by endorsement with the Board.
[Pa.B. Doc. No. 11-1458. Filed for public inspection August 26, 2011, 9:00 a.m.]
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