NOTICES
Notice of Comments Issued
[35 Pa.B. 6853] Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).
The Commission has issued comments on the following proposed regulations. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
Reg. No. Agency/Title Close of the Public
Comment PeriodIRRC
Comments
Issued
16A-699 State Board of Social Workers, 11/7/05 12/7/05 Marriage and Family Therapists and
Professional Counselors
Licensure Technical Amendments
35 Pa.B. 5530 (October 8, 2005)16A-4921 State Board of Medicine 11/7/05 12/7/05 Respiratory Care Continuing Education
35 Pa.B. 5520 (October 8, 2005)16A-5317 State Board of Osteopathic Medicine 11/7/05 12/7/05 Respiratory Therapists
35 Pa.B. 5523 (October 8, 2005)16A-6910 State Board of Social Workers, 11/7/05 12/7/05 Marriage and Family Therapists and
Professional Counselors
Child Abuse Reporting Requirements
35 Pa.B. 5525 (October 8, 2005)
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors Regulation #16A-699 (IRRC #2493)
Licensure Technical Amendments
December 7, 2005 We submit for your consideration the following comments on the proposed rulemaking published in the October 8, 2005 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) to respond to all comments received from us or any other source.
1. Section 47.1. Definitions.--Clarity.
The Board is amending the definition of ''accredited school'' to reflect the fact that the Council on Social Work Education accredits graduate programs in social work and social welfare, not graduate schools. This amendment negates the need for the definition of ''accredited program'' which is, ''A graduate school social work or social welfare program offered by a school accredited by the Council on Social Work Education.'' We also note the term ''accredited program'' is not used anywhere else in Chapter 47. Therefore, the definition of ''accredited program'' should be deleted.
2. Section 47.1a. Qualifications for supervisors.--Reasonableness; Implementation procedures.
The Board is amending this section to allow licensed social workers from other states to qualify as supervisors. This provision was added to a subsection that will expire on January 1, 2006. We recommend that the provision be moved to a separate subsection of Section 47.1a, since the Board wants this to be permanent.
3. Section 47.11. Licensure examination.--Protection of the public health, safety and welfare; Reasonableness; Statutory authority; Consistency with the intent of the General Assembly.
Subsection (a) currently states that the examination required as a prerequisite to original licensure as a licensed social worker is the Association of Social Work Boards' (ASWB) intermediate level examination. The Board is proposing to change the examination requirement to either the ASWBs' master's level examination or the clinical examination. We have two concerns.
First, this provision is inconsistent with the legislative intent of the General Assembly and lacks statutory authority. As noted by the House Professional Licensure Committee, the Board's amendment to Subsection (a) ''violates the intent of the General Assembly as expressed in the Social Workers, Marriage and Family Therapists and Professional Counselors Act'' (Act). Section 7(a)(3) of the Act requires an applicant for licensure as a social worker to pass ''an examination duly adopted by the board.'' However, Section 7(d)(4) of the Act provides an escalated set of qualifications for applicants wishing to become licensed clinical social workers. That higher standard is passing a ''clinical social work examination adopted by the Board.'' Under the rules of statutory construction, 1 Pa.C.S.A. § 1921(a), the statute must be read to give effect to both provisions (Sections 7(a)(3) and 7(d)(4)). It is clear that the General Assembly believed it to be in the public interest to hold clinical social workers to a higher standard of qualification.
Second, as the ASWB has commented, this amendment is not sound policy because the master's level examination and the clinical examination are very different. They note the following: ''. . . in permitting entry level MSW's to take the Clinical examination without the experience required in the statute and regulations, the Board would be 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.'' ASWB believes this would be a disservice to the client community and an unfair expectation placed on the recent graduate. We agree with the ASWB and recommend that the required examination be limited to the master's level examination.
4. Section 47.12a. Licensed social work.--Statutory authority; Conflict with existing regulations.
This section lists the conditions that a licensee must meet to hold oneself out as a licensed social worker. Currently, licensees must graduate from a school that is accredited at the time of graduation. This mirrors the requirement found in Section 7(a)(2) of the Act. The Board is proposing to amend Subsection (a)(2) of the regulation by adding language that would allow the licensure of individuals who did not graduate from accredited schools. The Board lacks the statutory authority to allow individuals who have not graduated from an accredited school to obtain a license to practice social work. Therefore, this provision should be deleted.
If the Board proceeds with this section of the rulemaking as proposed, it would create an inconsistency between the licensure requirements of social workers and the requirements of provisional social workers and clinical social workers. Statutory and regulatory licensing requirements for both of these licensure classifications require applicants to graduate from accredited schools. Specifically, Section 7(b)(2) of the Act and Section 47.12b.(a)(2) of 49 Pa. Code require holders of a provisional license in social work to have graduated from an accredited school. Similarly, Section 7(d)(2)(i) of the Act and Section 47.12c.(a)(2) of 49 Pa. Code require holders of a clinical license in social work to have graduated from an accredited school. We question why one licensure classification of social worker should be held to a lesser standard than the other two classifications.
State Board of Medicine Regulation #16A-4921 (IRRC #2494)
Respiratory Care Continuing Education
December 7, 2005 We submit for your consideration the following comments on the proposed rulemaking published in the October 8, 2005 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Board of Medicine (Board) to respond to all comments received from us or any other source.
1. Section 18.309. Renewal of certification.--Clarity.
The House Professional Licensure Committee (Committee) questions whether the Board should delete the word ''next'' in Subsection (c) and replace it with ''current,'' as the State Board of Osteopathic Medicine did in its proposed Regulation 16A-5317. We agree.
2. Section 18.309a. Requirement of continuing education.--Consistency with statute; Consistency with existing regulations; Reasonableness; Clarity.
This section states, ''The following continuing education requirements shall be completed each biennial cycle, commencing with the biennial period ending December 31, 2006.'' This would require licensees to fulfill the 20-hour continuing education requirement by the end of the current biennial cycle, which is nearly a year old. Board counsel has indicated that is what the Board intended. We believe that this is unreasonable. To allow sufficient time for certificate holders to meet these continuing education requirements, the Board should make the requirements effective in the biennial period that begins after the effective date of this regulation.
Subsection (1)
This subsection requires the certificate holders to complete the 20 hours of continuing education ''as set forth in section 36.1(f)(2) of the act.'' Act 55 of 2004 (Act) states that certificate holders ''shall be required to attend and complete 20 hours of mandatory continuing education . . . .'' Commentators are concerned that this means that the certificate holder must be physically present at a live presentation and the proposal would not permit other non-traditional continuing education methods. We share this concern. The Board should consider allowing certain non-traditional continuing education methods for a portion of the 20-hour continuing education requirement.
Subsection (3)
We have two concerns with this subsection.
First, to be consistent with Section 36.1(f)(4) of the Act, the phrase ''all or a portion of'' should be inserted after the word ''waive'' in the first sentence.
Second, we agree with the Committee that utilizing specific language from Section 36.1(f)(4) of the Act would add clarity to the waiver provision.
Subsection (4)
The Board's existing regulations on Respiratory Care Practitioners uses the term ''certificateholder'' to describe a person who is permitted by the Board to provide respiratory care. The Act also uses this term. To be consistent with the Act and the existing regulations, the term ''licensee'' in this subsection should be replaced with ''certificateholder.''
State Board of Osteopathic Medicine Regulation #16A-5317 (IRRC #2496)
Respiratory Therapists
December 7, 2005 We submit for your consideration the following comments on the proposed rulemaking published in the October 8, 2005 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Board of Osteopathic Medicine (Board) to respond to all comments received from us or any other source.
Section 25.509a. Requirement of continuing education.--Reasonableness; Clarity.
Subsection (a)
We have two concerns with this subsection.
First, we concur with the House Professional Licensure Committee's (Committee) request that the Board clearly state its intention that the continuing education requirements set forth in this regulation would be effective starting with the biennial period that begins on November 1, 2006.
Second, we believe that the Board should consider allowing certain non-traditional continuing education methods for a portion of the 20 hour continuing education requirements. This subsection requires the certificate holders to complete the 20 hours of continuing education ''as set forth in section 10.2 of the act.'' Act 56 of 2004 (Act) states that certificate holders ''shall be required to attend and complete 20 hours of mandatory continuing education. . . .'' The Pennsylvania Society for Respiratory Care is concerned that this means that the certificate holder must be physically present at a live presentation and the regulation would not permit other non-traditional continuing education methods. We share this concern.
Subsection (c)
We have two concerns with this subsection.
First, to be consistent with Section 10.2(f)(4) of the Act, the phrase ''all or a portion of'' should be inserted after the word ''waive'' in the first sentence.
Second, we agree with the Committee that specific language from Section 10.2(f)(4) of the Act would add clarity to the waiver provision and should be added.
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors Regulation #16A-6910 (IRRC #2498)
Child Abuse Reporting Requirements
December 7, 2005 We submit for your consideration the following comments on the proposed rulemaking published in the October 8, 2005 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) to respond to all comments received from us or any other source.
This rulemaking adds child abuse reporting requirements to Chapter 48, relating to licensure of marriage and family therapists and Chapter 49, relating to licensure of professional counselors, of 49 Pa. Code. The House Professional Licensure Committee submitted comments on various provisions of this rulemaking. We concur with those comments that are discussed below.
1. Sections 48.51. and 49.51. Definitions relating to child abuse reporting requirements.--Clarity.
These sections contain a definition of ''child abuse'' that differs from the definition found in the Child Protective Services Law (Law). The statutory definition contains three sections. The proposed regulatory definition only contains the first section of the statutory definition. For consistency and clarity, we recommend that the Board add the missing text from the statutory definition to the regulatory definition of ''child abuse.''
2. Sections 48.52 and 49.52. Suspected child abuse--mandated reporting requirements.--Clarity; Possible conflict with existing regulations.
Subsections (a)--General rule
These subsections require marriage and family therapists and professional counselors (licensees) to report suspected child abuse to the Department of Public Welfare (DPW). Section 6313(b) of the Law provides that licensees must orally report suspected child abuse to the DPW and may report suspected child abuse to the appropriate county agency. Section 6313(c) of the Law provides that licensees must report suspected child abuse to the appropriate county agency. The final-form regulation should be amended to reflect the fact that licensees have an obligation to report suspected child abuse to both the DPW and the appropriate county agency.
Subsections (c)--Reporting procedure
These subsections outline the specific reporting requirements for licensees. Subsections (c)(1) require licensees to orally report suspected abuse via telephone to DPW. Subsections (c)(2) require written reports to be made within 48 hours after the oral report is made by telephone. Similar to our concern on Subsections (a), the final-form regulation should clearly state that the written report must also be filed with the appropriate county agency.
Subsections (d)--Written reports
These subsections require written reports to be filed on forms prescribed by DPW. Subsections (d)(10) require the reporter to include: ''Other information which the Department of Public Welfare may require by regulation.'' DPW has promulgated regulations on the filing of written reports by a required reporter (55 Pa. Code Chapter 3490.18), which differ slightly from the proposed rulemaking. In the final-form regulation, the Board should either provide a citation to DPW's regulation or use the exact language contained in that regulation.
3. Chapter 47. State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.--Possible conflict with or duplication of statutes or existing regulation.
If the Board amends the proposed rulemaking as recommended, it will differ from existing regulations of social workers on suspected child abuse found in 49 Pa. Code of Chapter 47. In order to provide consistency for all licensure classifications that fall under the Board's jurisdiction, the following sections of Chapter 47 should be amended: Section 47.51, relating to the definition of child abuse; Section 47.52(a), relating to general rule; and Section 47.52 (c)(2), relating to written report.
In addition, if the Board makes any other changes to the proposed rulemaking, it should make similar changes to the corresponding sections of Chapter 47.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 05-2347. Filed for public inspection December 16, 2005, 9:00 a.m.]
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