Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work (amending 18VAC140-20-51).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 30, 2020.

Effective Date: October 15, 2020.

Agency Contact: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4406, FAX (804) 527-4435, or email jaime.hoyle@dhp.virginia.gov.

Basis: Regulations are promulgated under the general authority of § 54.1-2400 of the Code of Virginia, which provides the board the authority to promulgate regulations to administer the regulatory system.

Purpose: The proposed amendment is a correction of an oversight from a previous action. The requirements for licensure by examination for a licensed baccalaureate social worker (LBSW) include completion of a degree in social work and passage of a board-approved examination, so public health and safety are adequately protected without the reference to a regulatory section that has been repealed.

Rationale for Using Fast-Track Rulemaking Process: The amendment corrects an oversight in the action previously promulgated to repeal the requirements for hours of supervised practice for licensure as an LBSW. Since this is a housekeeping action, it is not controversial and is appropriate for the fast-track rulemaking process.

Substance: In an action that became effective March 5, 2020, the board eliminated the requirement for hours of supervised practice to qualify for licensure as an LBSW. The requirement for an applicant to submit documentation of supervised practice was overlooked in that action. Therefore, that documentation requirement is deleted for consistency.

Issues: There are no advantages or disadvantages to the public. Persons who are applying for LBSW licensure will not be confused by reference to a requirement that has been removed from the regulations.

There are no advantages and disadvantages to the agency or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Social Work (Board) seeks to amend 18VAC140-20 Regulations Governing the Practice of Social Work in order to correct Section 51 Requirements for licensure by examination as an LBSW (Licensed Baccalaureate Social Worker) or LMSW (Licensed Master's Social Worker). The Board previously repealed the supervised experience requirement for LBSW applicants, but overlooked a reference to the requirement in section 51. Thus, the Board proposes to amend Section 51 to remove the requirement that LBSW applicants submit documentation showing the completion of the supervised work experience.

Background. The Board previously amended the regulation to eliminate the requirement that LBSW applicants undergo 3000 hours of supervised work experience – that action went into effect March 5, 2020.¹ However, the Board overlooked the reference to the requirement in Section 51 at the time. The Board now seeks to amend Section 51 to remove the requirement for LBSW applicants to provide documentation demonstrating completion of the supervised work experience, to make it consistent with the rest of the chapter.

Estimated Benefits and Costs. Since the Board only proposes to correct the regulation to make it conform to changes that have previously been approved and are currently in effect, the proposed amendment would have no substantive effect beyond eliminating potential confusion for readers of the regulation.

Businesses and Other Entities Affected. The correction proposed here, as with the Board's previous action that removed the supervised experience requirement, would affect current and future LBSW applicants.

Small Businesses² Affected. The proposed amendments do not directly affect any small businesses, nor would they face any new costs as a result of the proposed amendments.

Localities³ Affected.⁴ The proposed amendments are not expected to disproportionately affect particular localities or introduce new costs for local governments.

Projected Impact on Employment. The proposed amendments are unlikely to affect total employment in the industry.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to affect the use or value of private property. Real estate development costs are unlikely to be affected.

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¹See https://townhall.virginia.gov/l/ViewStage.cfm?stageid=8766

²Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

³"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁴§ 2.2-4007.04 defines “particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The Board of Social Work concurs with the analysis of the Department of Planning and Budget.

Summary:

The amendment removes the requirement for an applicant to submit documentation of supervised practice to qualify for licensure as a licensed baccalaureate social worker because the requirement for such supervised practice has been eliminated.

18VAC140-20-51. Requirements for licensure by examination as an LBSW or LMSW.

A. In order to be approved to sit for the board-approved examination as an LBSW or an LMSW, an applicant shall:

1. Meet the education requirements prescribed in 18VAC140-20-60.

2. Submit a completed application to the board office to include:

a. The application fee prescribed in 18VAC140-20-30; and

b. Official transcripts submitted from the appropriate institutions of higher education.

B. In order to be licensed by examination as an LBSW or an LMSW, an applicant shall:

1. Meet the requirements prescribed in 18VAC140-20-60; and

2. Submit, in addition to the application requirements of subsection A of this section, the following:

a. Verification of a passing score on the board-approved national examination;

b. Documentation of any other health or mental health licensure or certification, if applicable; and

c. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

3. For licensure as a LBSW, submit documentation, on the appropriate forms, of the successful completion of the supervised experience requirements of 18VAC140-20-60 along with documentation of the supervisor's out-of-state license where applicable. An applicant, whose former supervisor is deceased or whose whereabouts is unknown, shall submit to the board a notarized affidavit from the present chief executive officer of the agency, corporation, or partnership in which the applicant was supervised. The affidavit shall specify dates of employment, job responsibilities, supervisor's name and last known address, and the total number of hours spent by the applicant with the supervisor in face-to-face supervision.