Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work (amending 18VAC140-20-45).

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

Public Hearing Information:

September 23, 2022 - noon - Department of Health Professions, 9960 Mayland Drive, Henrico, VA 23233, 2nd Floor Board Room.

Public Comment Deadline: October 12, 2022.

Effective Date: October 27, 2022.

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: Pursuant to § 54.1-2400 of the Code of Virginia, the Board of Social Work has the authority to (i) promulgate regulations to administer the regulatory system; (ii) establish the qualifications for registration, certification, licensure, or the issuance of a multistate licensure privilege in accordance with the applicable law necessary to ensure competence and integrity to engage in the regulated professions; and (iii) promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) that are reasonable and necessary to administer effectively the regulatory system.

Purpose: The amendments are intended to encourage some qualified clinical social workers who have been practicing in other jurisdictions to apply for licensure. The purpose of the amendments is to increase access to care and to protect the public health and safety in the clinical practice of social work by ensuring that clinical social workers who are licensed and have been safely practicing in other states are able to qualify for licensure in Virginia.

Rationale for Using Fast-Track Rulemaking Process: The impetus for this action comes from a petition for rulemaking in which a member of the public requested the board allow endorsement applicants from states that do not or have not always required the national examination for licensure. This action is not controversial because it simply reduces barriers to licensure and potentially access to care.

Substance: The board is proposing an amendment to 18VAC140-20-45 to allow acceptance of evidence that the national examination, which is currently required for licensure in Virginia, was not required in the applicant's state to be initially licensed at the same level as the license being sought in Virginia (i.e., licensed clinical social worker). The amendment would allow persons who passed a state exam or were grandfathered with no exam in a state that did not require passage of a national examination to be licensed in Virginia.

Issues: The advantages to the public include less restrictive licensure by endorsement requirements for experienced social workers, leading to more available social workers to serve the citizens of the Commonwealth. There are no disadvantages for the public. There are no advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia (Code) and Executive Order 14 (as amended, July 16, 2018). The analysis presented below represents DPB's best estimate of these economic impacts.¹

Summary of the Proposed Amendments to Regulation. Pursuant to a petition for rulemaking and a recommendation of the Regulation Committee, the Board of Social Work (Board) proposes to no longer require passage of a board-approved national examination when applying for licensure by endorsement if the applicant either passed a state exam or if a national exam was not required when they initially obtained their license from another state.

Background. This action results from a petition for rulemaking that requested deletion of the requirement that an applicant pass a national exam in order to be licensed by endorsement as a social worker in Virginia.² Currently, the regulation requires "Verification of a passing score on a board-approved national exam at the level for which the applicant is seeking licensure in Virginia." Consequently, applicants for licensure by endorsement from other states who lack such evidence are currently required to take and pass the national examination even if they are fully licensed in the jurisdiction from which they are applying.

According to the Board, licensing in the field of social work is relatively new and requirements in different jurisdictions have varied. It was common for states to offer temporary exceptions to exam requirements when social work laws were first enacted. Similarly, temporary exceptions are often granted when a new category of licensure is added to the regulatory framework. In an effort to reduce barriers to licensure (and employment), there has been a trend for states to accept applicants' credentials for endorsement if they are consistent with the laws in place in their original jurisdiction at the time the applicant obtained a license.

Following the trend in this field, the proposal would allow licensed applicants from other states to be licensed in Virginia by endorsement so long as "a national examination was not required for licensure by the other jurisdiction at the time the applicant was initially licensed."

Estimated Benefits and Costs. Although passage of a national exam was not uniformly required across jurisdictions early on in the field of social work, the Department of Health Professions (DHP) reports that most jurisdictions currently require a national exam. Thus, it is likely that this change would only apply to and benefit a few applicants who were licensed a number of years ago and who either passed a state exam or who were grandfathered by another jurisdiction and thus did not have to pass a national examination. At this time, DHP is aware of only two individuals including the petitioner that would benefit from this proposed change.

The benefits of the proposal would include the avoidance of costs associated with taking the national exam, including the time it takes to prepare, apply, and receive results as well as the associated fees. According to DHP, the exam fee is between $230 and $260 depending on the license type and it takes approximately seven to 10 days to receive results once the exam is taken. On the other hand, there does not appear to be significant risks or costs associated with the proposal in light of the fact that the Board is satisfied that years of practice are adequate evidence of competency and the affected persons held and currently hold unrestricted licenses in other states.

Businesses and Other Entities Affected. The proposed amendment would affect licensed social workers who obtained an unrestricted licenses in other states without taking a national exam and who want to be licensed in Virginia by endorsement. Currently, DHP is aware of only two individuals including the petitioner who would be affected. The number of affected individuals appear to make up a relatively small portion of licensure by endorsement applicants. In 2021, the Board granted 13, 112, and 632 licenses by endorsement respectively to licensed baccalaureate social workers, licensed master's social workers, and licensed clinical social workers. No licensed social workers appear to be disproportionally affected.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. No adverse impact is indicated for this action.

Small Businesses⁴ Affected.⁵ The proposed amendment does not appear to adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendment neither disproportionally affects any particular locality, nor introduce costs for local governments.

Projected Impact on Employment. The proposed amendment would make it easier for a few individuals to be licensed in Virginia by endorsement as a social worker. Thus, a small positive impact on employment may be expected.

Effects on the Use and Value of Private Property. The proposed change does not appear to directly affect the use and value of private property or real estate development costs.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²https://townhall.virginia.gov/l/viewpetition.cfm?petitionid=349

³Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴Pursuant to § 2.2-4007.04, 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."

⁵If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶"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.

⁷Section 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 economic impact analysis of the Department of Planning and Budget.

Summary:

The amendments allow the board to accept evidence that the board-approved national examination, which is currently required for licensure in Virginia, was not required in an applicant's state to be initially licensed at the same level as the license being sought in Virginia. The amendments allow applicants who passed a state exam, or were grandfathered with no exam in a state that did not require passage of national examination, to be licensed in Virginia.

18VAC140-20-45. Requirements for licensure by endorsement.

A. Every applicant for licensure by endorsement shall submit in one package:

1. A completed application and the application fee prescribed in 18VAC140-20-30.

2. Documentation of active social work licensure in good standing obtained by standards required for licensure in another jurisdiction as verified by the out-of-state licensing agency. Licensure in the other jurisdiction shall be of a comparable type as the licensure that the applicant is seeking in Virginia.

3. Verification of a passing score on a board-approved national exam at the level for which the applicant is seeking licensure in Virginia. The board may accept evidence that a national examination was not required for licensure by the other jurisdiction at the time the applicant was initially licensed.

4. Documentation of any other health or mental health licensure or certification, if applicable.

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

6. Verification of:

a. Active practice at the level for which the applicant is seeking licensure in another United States jurisdiction for 24 out of the past 60 months;

b. Active practice in an exempt setting at the level for which the applicant is seeking licensure for 24 out of the past 60 months; or

c. Evidence of supervised experience requirements substantially equivalent to those outlined in 18VAC140-20-50 A 2 and A 3.

7. Certification that the applicant is not the respondent in any pending or unresolved board action in another jurisdiction or in a malpractice claim.

B. If an applicant for licensure by endorsement has not passed a board-approved national examination at the level for which the applicant is seeking licensure in Virginia, the board may approve the applicant to sit for such examination.