PROPOSED RULEMAKING
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[ 49 PA. CODE CHS. 47, 48 AND 49 ]
Continuing Education Audit and Enforcement
[42 Pa.B. 5744]
[Saturday, September 8, 2012]The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend §§ 47.37, 48.38 and 49.38 (relating to reporting by licensee of hours spent in continuing education; continuing education audit and enforcement) to read as set forth in Annex A.
Statutory Authority
Section 18(a) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. § 1918(a)) authorizes the Board to promulgate regulations regarding continuing education.
Background and Purpose
The Board has determined that to be more efficient and cost-effective in handling certain classes of disciplinary matters, including those regarding some continuing education violations, the Board should make use of the citation process provided by section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48) (Act 48) (63 P. S. § 2205(a)). A companion proposed rulemaking by the Commissioner of Professional and Occupational Affairs would set forth a schedule of civil penalties to allow agents of the Bureau of Professional and Occupational Affairs (Bureau) to issue citations imposing monetary civil penalties for continuing education violations involving deficiencies of 10 hours or less. Violations of more than 10 hours would still be handled through formal disciplinary proceedings. Historically, when the Board determined a continuing education violation had occurred, the Board would issue an order imposing discipline and directing that the deficiency be made up within 6 months. The Board has now determined that it is necessary to codify this practice to be able to make use of the more streamlined citation process and still assure that continuing education deficiencies are remedied in a timely manner.
Description of the Amendments
Sections 47.37, 48.38 and 49.38 are proposed to be amended to clarify that the Board will audit licensees to ensure compliance with the continuing education requirements. A licensee who, as a result of that audit, is determined to be deficient in acceptable continuing education hours is subject to disciplinary action, either through formal disciplinary proceedings or through the issuance of a citation. These sections are also proposed to be amended to provide that continuing education deficiencies identified through the audit shall be made up within 6 months from the issuance of a warning letter or citation or the imposition of discipline. Hours of continuing education used to make up for a deficiency may not be used to satisfy the continuing education requirement for the current biennium. Finally, proposed amendments clarify that the failure to make up deficiencies within that time frame will subject a licensee to additional disciplinary action.
Fiscal Impact and Paperwork Requirements
The proposed 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 August 28, 2012, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Cynthia K. Montgomery, Regulatory Counsel, State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-6918, Continuing Education Audit and Enforcement, when submitting comments.
DONNA A. TONREY, LMFT,
Chairperson(Editor's Note: See 42 Pa.B. 5742 (September 8, 2012) for a proposed rulemaking by the Bureau relating to this proposed rulemaking.)
Fiscal Note: 16A-6918. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 47. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
CONTINUING EDUCATION § 47.37. Reporting by licensee of hours spent in continuing education; continuing education audit and enforcement.
* * * * * (b) The Board will randomly audit licensees to ensure compliance with the continuing education requirements. A licensee selected for audit shall provide information to document the licensee's [certification] completion of required continuing education, which information [shall] must include the following:
* * * * * (c) A licensee who, as a result of an audit, is determined to be deficient in continuing education hours is subject to formal disciplinary action under section 11 of the act (63 P. S. § 1911) or the issuance of a citation under section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48) (63 P. S. § 2205(a)).
(d) Notwithstanding other action taken as set forth in subsection (c), a licensee who is determined to be deficient in continuing education hours is required to make up deficient hours of continuing education and submit documentation containing the information in subsection (b) to the Board within 6 months from the issuance of a warning letter, the issuance of a citation or the imposition of discipline. Hours of continuing education submitted to the Board to make up for a deficiency may not be used by the licensee to satisfy the continuing education requirement for the current biennium.
(e) Failure to make up the deficiencies in subsection (d) will subject the licensee to additional disciplinary action under section 11 of the act.
CHAPTER 48. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS—LICENSURE OF MARRIAGE AND FAMILY THERAPISTS
CONTINUING EDUCATION § 48.38. Reporting by licensee of hours spent in continuing education; continuing education audit and enforcement.
(b) The Board will randomly audit licensees to ensure compliance with the continuing education requirements. A licensee selected for audit shall provide information to document the licensee's [certification] completion of required continuing education. The information must include the following:
* * * * * (c) A licensee who, as a result of an audit, is determined to be deficient in continuing education hours is subject to formal disciplinary action under section 11 of the act (63 P. S. § 1911) or the issuance of a citation under section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48) (63 P. S. § 2205(a)).
(d) Notwithstanding other action taken as set forth in subsection (c), a licensee who is determined to be deficient in continuing education hours is required to make up deficient hours of continuing education and submit documentation containing the information in subsection (b) to the Board within 6 months from the issuance of a warning letter, the issuance of a citation or the imposition of discipline. Hours of continuing education submitted to the Board to make up for a deficiency may not be used by the licensee to satisfy the continuing education requirement for the current biennium.
(e) Failure to make up the deficiencies in subsection (d) will subject the licensee to further disciplinary action under section 11 of the act.
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS—LICENSURE OF PROFESSIONAL COUNSELORS
CONTINUING EDUCATION § 49.38. Reporting by licensee of hours spent in continuing education; continuing education audit and enforcement.
* * * * * (b) The Board will randomly audit licensees to ensure compliance with the continuing education requirements. A licensee selected for audit shall provide information to document the licensee's [certification] completion of required continuing education. The information must include the following:
* * * * * (c) A licensee who, as a result of an audit, is determined to be deficient in continuing education hours is subject to formal disciplinary action under section 11 of the act (63 P. S. § 1911) or the issuance of a citation under section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48) (63 P. S. § 2205(a)).
(d) Notwithstanding other action taken as set forth in subsection (c), a licensee who is determined to be deficient in continuing education hours is required to make up deficient hours of continuing education and submit documentation containing the information in subsection (b) to the Board within 6 months from the issuance of a warning letter, the issuance of a citation or the imposition of discipline. Hours of continuing education submitted to the Board to make up for a deficiency may not be used by the licensee to satisfy the continuing education requirement for the current biennium.
(e) Failure to make up the deficiencies in subsection (d) will subject the licensee to further disciplinary action under section 11 of the act.
[Pa.B. Doc. No. 12-1734. Filed for public inspection September 7, 2012, 9:00 a.m.]
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