PROPOSED RULEMAKING
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
[40 Pa.B. 2131]
[Saturday, April 24, 2010]The State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board) proposes to amend §§ 47.12c and 47.12d (relating to licensed clinical social worker; and standards for supervisors) and to adopt §§ 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 to 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 the act. The effective date of the act 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 the provisions of the act.
Background and Purpose
The amendments are 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 relating to the number of hours of supervised clinical experience required as a condition of licensure as a licensed clinical social worker.
Description of the Amendments
Hours of Supervised Clinical Experience
The Board proposes to amend § 47.12c(a) to reduce the number of hours of supervised clinical experience from 3,600 to 3,000 hours to conform to the recent amendment to the act. In addition, subsection (b)(2) is proposed to be amended to reduce the number of hours that must be supervised by a licensed clinical social worker or, if the supervision occurred prior to January 1, 2006, by a licensed social worker who practiced as a clinical social worker, from 1,800 hours to no less than 1,500 hours (half of the required hours). Subsection (b)(9) also proportionally reduces the number of hours so that no less than 500 hours and no more than 1,500 may be credited in any 12-month period. These amendments continue the current regulatory scheme, while implementing the reduction in the total number of hours of supervised clinical experience from 3,600 to 3,000 as mandated by the amendment to the act. The Board also proposes to amend subsection (c) to provide for consideration of those applicants that have already completed more than 1,500 hours of supervised clinical experience within a 12-month period prior to the effective date of these regulations in final form. For those applicants, the Board will credit up to 1,800 hours. This will ensure there will be no adverse impact upon the applicant or loss of credit hours for those hours already completed in compliance with the existing regulations.
Section 47.12d was likewise amended to reflect the decrease from 3,600 to 3,000 of supervised experience.
Licensure by Endorsement
The Board proposes to adopt § 47.16 to set forth requirements for licensure by endorsement for clinical social workers. To qualify for licensure by endorsement, a clinical social worker shall: (1) satisfy the general requirements for licensure; (2) hold a master's degree in social work or social welfare or a doctoral degree in social work from an accredited school of social work; (3) have passed a clinical social work examination acceptable to the Board; (4) hold a clinical social work license that is in good standing from another state; and (5) have completed a minimum of 3,000 hours of supervised clinical experience that conforms to the requirements of the state in which the applicant is licensed.
Section 48.17 would set forth similar requirements for licensure by endorsement of marriage and family therapists. To qualify for licensure by endorsement, a marriage and family therapist shall: (1) satisfy the general requirements for licensure; (2) meet the educational requirements set forth in the act and regulations; (3) hold a marriage and family therapy license in good standing from another state; (4) have completed a minimum of 3,000 hours of supervised clinical experience that conforms to the requirements of the state in which the applicant is licensed; and (5) have 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.
Finally, § 49.18 would set forth the requirements for licensure by endorsement for professional counselors. To qualify for licensure by endorsement, a professional counselor shall: (1) satisfy the general requirement for licensure; (2) meet the educational requirements set forth in the act and regulations; (3) hold a professional counselor license in good standing from another state; (4) have completed a minimum of 3,000 hours of supervised clinical experience that conforms to the requirements of the state in which the applicant is licensed; and (5) have been 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.
Fiscal impact and Paperwork Requirements
The proposed amendments will require the Board to create new application forms for licensure by endorsement; however, the proposed amendments should not create additional paperwork for the private sector with the exception of those individuals who apply for licensure by endorsement. The proposed amendments should not result in any 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, no sunset date has 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 these proposed amendments and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Senate Consumer Protection and Professional Licensure Committee and the House 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 any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall 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 these proposed amendments 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. Use reference No. 16A-6916, Licensure by Endorsement; House of Supervised Clinical Experience, when submitting comments.
DONNA A. TONREY, LMFT,
ChairpersonFiscal Note: 16A-6916. 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 at least [3 years or 3,600] 3,000 hours of supervised clinical experience meeting the criteria in subsection (b) after completion of the master's degree in social work. 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, [1,800] at least 1,500 hours shall be supervised by a supervisor meeting the qualifications in § 47.1a(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] at least 500 hours and no more than [1,800] 1,500 hours may be credited in any 12-month period.
(c) [Supervised clinical experience obtained within 5 years prior to March 2, 2002.
(1) For hours of supervised clinical experience obtained within 5 years prior to March 2, 2002, the applicant shall present evidence of having acquired at least one-half of those hours under the supervision of a clinical social worker. The applicant shall also have acquired hours of supervision at a ratio of 2 hours of supervision per 40 hours of supervised clinical experience, one-half of which may be in group supervision and at least one-half of which shall be provided by a clinical social worker.
(2) Supervised clinical experience obtained under this subsection is not subject to § 47.12d (relating to standards for supervisors).] Supervised clinical experience obtained within any 12-month period prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.). An applicant having completed more than 1,500 hours, but not more than 1,800 hours, of supervised clinical experience in a 12-month period prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), will be given credit for up to 1,800 hours of supervised clinical experience actually completed during that 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 [3,600] 3,000 hours of supervised experience.
* * * * * (Editor's Note: The following text is new and has been printed in regular print to enhance readability.)
§ 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 jurisdiction'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 jurisdiction'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 jurisdiction'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. 10-720. Filed for public inspection April 23, 2010, 9:00 a.m.]
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