PROPOSED RULEMAKING
STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
[ 49 PA. CODE CHS. 47—49 ]
Qualifications for Licensure
[43 Pa.B. 6382]
[Saturday, October 26, 2013]The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend §§ 47.12c, 48.13 and 49.13 (relating to licensed clinical social worker; licensed MFT; and licensed professional counselor) to read as set forth in Annex A.
Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (act) (63 P. S. § 1906(2)) authorizes the Board to adopt and revise rules and regulations as may be necessary to carry into effect the provisions of the act.
Background and Need for this Proposed Rulemaking
The act of March 14, 2012 (P. L. 191, No. 17) (Act 17) amended the act by revising some of the qualifications for licensure as a licensed clinical social worker, licensed marriage and family therapist and licensed professional counselor. This proposed rulemaking implements Act 17.
Description of Proposed Rulemaking
Section 47.12c(a)(5) is proposed to be amended to delete ''3 years or'' and the definition of ''3 years of supervised clinical experience.'' Act 17 deleted the language that permitted an applicant to be licensed if they had ''completed at least 3 years or 3,000 hours'' of supervised clinical experience. The language proved confusing to applicants. This proposed deletion makes the definition describing what constitutes 3 years of supervised clinical experience unnecessary. In addition, Act 17 added an option of holding an Academy of Certified Social Workers Certificate issued by the National Association of Social Workers prior to January 1, 2001, instead of the 3,000 hours of supervised clinical experience. This rulemaking proposes to add that language. Subsection (b)(2) is proposed to be amended to provide that ''at least 1/2 the required hours'' be supervised by a clinical social worker to be consistent with the proposed amendments to §§ 48.13 and 49.13.
Section 48.13 is proposed to be amended to incorporate a change made by Act 17 to permit applicants for licensure as a licensed marriage and family therapist to have completed a master's degree of less than 48 semester hours or 72 quarter hours granted on or before June 30, 2009 (instead of by March 2, 2007). Essentially, this extension from 2007 to 2009 opens up the option of licensure to additional candidates who do not currently qualify. In addition, Act 17 reduced the number of hours of required supervised clinical experience from 3,600 to 3,000 hours for individuals who have completed a master's degree. Act 17 also deleted the confusing ''3 years or,'' ''2 years or'' and ''1 year or'' language in favor of maintaining the more definite 3,000 hours, 2,400 hours and 1,200 hours in subsection (a)(4)(i) and (ii). In addition, subsection (b)(2) is proposed to be amended to provide that at least 1/2 of the required supervised clinical experience shall be supervised by a marriage and family therapist. Subsection (b)(9) is proposed to be amended to require no less than 500 hours and no more than 1,800 hours of supervised clinical experience may be credited in any 12-month period. The minimum number of hours was adjusted due to the reduction in the total number of hours that may be completed over a maximum 6-year period to 3,000. The maximum number of hours was maintained at 1,800 to minimize disruption to individuals already working toward licensure.
Section 49.13 is proposed to be amended in a similar fashion as § 48.13 to permit a candidate for licensure as a licensed professional counselor to have completed a master's degree of less than 48 semester hours or 72 quarter hours, so long as the degree was granted on or before June 30, 2009; reducing the number of hours of required supervised clinical experience to 3,000; deleting confusing language; and adjusting the minimum number of hours completed in a given 12-month period.
Fiscal Impact
The proposed rulemaking will benefit those individuals who now qualify for licensure without the required 48 semester hour master's degree in that they will not have to return to school to obtain a 48 semester hour/72 quarter hours master's degree. It will also benefit applicants for licensure as licensed marriage and family therapists and licensed professional counselors who can become licensed sooner by not having to complete (and sometimes pay for) 600 additional hours of supervised clinical experience. The proposed rulemaking is not expected to have other fiscal impact on the regulated community, the private sector, the general public or political subdivisions in this Commonwealth.
Paperwork Requirements
The proposed rulemaking will require the Board to alter some of its application forms to reflect the revised qualifications for licensure. However, the proposed rulemaking will not create additional paperwork for the regulated community or the private sector.
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 October 16, 2013, 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 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 following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference 16A-6921—Qualifications for Licensure on comments submitted.
LAURA HINDS, MSW, LSW,
ChairpersonFiscal Note: 16A-6921. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 47. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS
LICENSURE § 47.12c. Licensed clinical social worker.
(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:
* * * * * (5) [Completed] Has 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 or holds an Academy of Certified Social Workers Certificate issued by the National Association of Social Workers prior to January 1, 2001. [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:
* * * * * (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] 1/2 of the required hours shall be supervised by a supervisor meeting the qualifications in § 47.1a(1) and (3).
* * * * *
CHAPTER 48. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS—LICENSURE OF MARRIAGE AND FAMILY THERAPISTS
LICENSURE § 48.13. Licensed MFT.
(a) Conditions for licensure. To be issued a license to hold oneself out as a licensed MFT, an applicant shall provide proof satisfactory to the Board, that the applicant has met the following conditions:
* * * * * (3) Successfully met one of the following educational requirements:
(i) [By March 2, 2007, has] Has completed a planned program of 60 semester hours or 90 quarter hours of graduate coursework which is closely related to marriage and family therapy as defined in § 48.1 (relating to definitions), including one of the following:
(A) A master's degree granted on or before June 30, 2009, in marriage and family therapy from an accredited educational institution.
(B) A master's degree granted on or before June 30, 2009, in a field closely related to the practice of marriage and family therapy as defined in § 48.1 from an accredited educational institution, with graduate level coursework in marriage and family therapy as defined in § 48.1 and § 48.2 (relating to educational requirements) from an accredited educational institution or from a program recognized by a National accrediting agency as defined in § 48.1.
* * * * * (4) Has met the following experience requirements:
(i) Individuals who meet the education requirements of paragraph (3)(i) or (ii), shall have completed at least [3 years or 3,600] 3,000 hours of supervised clinical experience meeting the criteria in subsection (b), obtained after the completion of 48 semester hours or 72 quarter hours of graduate coursework. Supervision for the supervised clinical experience shall be provided by a supervisor as defined in § 48.1.
(ii) Individuals who meet the education requirements of paragraph (3)(iii) or (iv) shall have completed at least [2 years or] 2,400 hours of supervised clinical experience which meets the criteria in subsection (b), [1 year or] 1,200 hours of which was obtained subsequent to the granting of the doctoral degree. Supervision for the supervised clinical experience shall be provided by a supervisor as defined in § 48.1.
(b) Supervised clinical experience. Experience acceptable to the Board means experience as a supervisee in a setting that is organized to prepare the applicant for the practice of marriage and family therapy consistent with the applicant's education and training.
* * * * * (2) Supervision for the clinical experience shall be provided by a supervisor as defined in § 48.1 and § 48.3 (relating to qualifications for supervisors). However, [1,800] at least 1/2 of the required hours shall be supervised by a supervisor meeting the qualifications in § 48.3(1) or (3).
* * * * * (9) The supervised clinical experience shall be completed in no less than 2 years and no more than 6 years, except that no less than [600] 500 hours and no more than 1,800 hours may be credited in any 12-month period.
* * * * *
CHAPTER 49. STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS—LICENSURE OF PROFESSIONAL COUNSELORS
LICENSE § 49.13. Licensed professional counselor.
(a) Conditions for licensure. To be issued a license to hold oneself out as a licensed professional counselor, an applicant shall provide proof satisfactory to the Board, that the applicant has met the following conditions:
* * * * * (3) Successfully met one of the following education requirements:
(i) [By March 2, 2007, has] Has successfully completed a 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 as defined in § 49.1 (relating to definitions) including one of the following:
(A) A master's degree granted on or before June 30, 2009, in professional counseling from an accredited education institution.
(B) A master's degree granted on or before June 30, 2009, in a field closely related to the practice of professional counseling as defined in § 49.1 from an accredited educational institution.
* * * * * (4) Has met the following experience requirements:
(i) Individuals who met the educational requirements of paragraph (3)(i) or (ii), shall have completed at least [3 years or 3,600] 3,000 hours of supervised clinical experience meeting the criteria in subsection (b), obtained after the completion of 48 semester hours or 72 quarter hours of graduate coursework. Supervision for the supervised clinical experience shall be provided by a supervisor as defined in § 49.1 and § 49.3 (relating to qualifications for supervisors).
(ii) Individuals who meet the educational requirements of paragraph (3)(iii) or (iv) shall have completed at least [2 years or] 2,400 hours of supervised clinical experience meeting the criteria in subsection (b), [1 year or] 1,200 hours of which was obtained subsequent to the granting of the doctoral degree. Supervision for the supervised clinical experience shall be provided by a supervisor as defined in §§ 49.1 and 49.3.
(b) Supervised clinical experience. Experience acceptable to the Board means experience as a supervisee in a setting that is organized to prepare the applicant for the practice of counseling consistent with the applicant's education and training.
* * * * * (2) Supervision for the clinical experience shall be provided by a supervisor as defined in § 49.1. [Eighteen hundred] At least 1/2 of the required hours shall be supervised by a supervisor meeting the qualifications in § 49.3(1) and (3).
* * * * * (9) The supervised clinical experience shall be completed in no less than 2 years and no more than 6 years, except that no less than [600] 500 hours and no more than 1,800 hours may be credited in any 12 month period.
* * * * *
[Pa.B. Doc. No. 13-1988. Filed for public inspection October 25, 2013, 9:00 a.m.]
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