Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work (amending 18VAC140-20-10, 18VAC140-20-40, 18VAC140-20-45, 18VAC140-20-50, 18VAC140-20-51, 18VAC140-20-60, 18VAC140-20-70, 18VAC140-20-100, 18VAC140-20-106).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 11, 2013.

Effective Date: September 26, 2013.

Agency Contact: Catherine Chappell, 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 catherine.chappell@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia establishes the general powers and duties of the Board of Social Work, including the responsibility to promulgate regulations, and § 54.1-3705 of the Code of Virginia provides for the specific powers and duties of the board.

Purpose: The amendments are in response to the Governor's Regulatory Reform Initiative and are intended to ease some of the burdens of applying for licensure and obtaining supervised experience. The goal is to eliminate any requirement that is not necessary to ensure that the board is licensing qualified individuals for protection of health and safety. Several problems encountered with applications, registration of supervision, and receiving credit for hours of supervised experience have been addressed during the review of regulations. Additionally, the unnecessary burden of obtaining and maintaining documentation of category II continuing education hours has been eliminated.

Rationale for Using Fast-Track Process: The amendments are less restrictive or clarifying, and they are not controversial. The board was responsive to comments contributed during the Notice of Periodic Review and did not include any changes that could be considered more burdensome or were not fully supported.

Substance: Amendments are adopted pursuant to the Governor's Regulatory Reform Initiative to: (i) allow certain electronic face-to-face supervision; (ii) facilitate online submission of application packages; (iii) permit practice in an exempt setting to count towards the active practice requirement for licensure by endorsement; (iv) accept qualified practitioners from out of state to provide supervision; (v) list the required examinations in the regulation; and (vi) eliminate required documentation of category II continuing education.

Issues: The primary advantages to the public are more timely resolution of applications that may be submitted electronically and less burdensome rules for supervision that may facilitate completion of licensure requirements. There are no disadvantages to the public. The advantage to the Commonwealth is facilitation of online applications.

Small Business Impact Report of Findings: This regulatory action serves as the report of findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Social Work (Board) proposes to amend its Regulations Governing the Practice of Social Work to 1) allow supervision through the use of real-time technology that allows visual contact between supervisors and supervisees, 2) facilitate online application submission, 3) permit practice in an exempt setting to count toward the active practice requirements for licensure by endorsement, 4) allow qualified individuals from other states to provide supervision and 5) eliminate required documentation for category II continuing education.

Result of Analysis. Benefits likely outweigh costs for these proposed changes.

Estimated Economic Impact. Current regulations require that both clinical social workers and social workers who are seeking licensure complete a certain number of supervised experience hours with a set number of those hours being supervised face-to-face. Current regulations define face-to-face supervision as the physical presence of the individuals involved in the supervisory relationship during either individual or group supervision. The Board now proposes to revise this definition so that individuals who are completing their experience requirements can be supervised face-to-face using real-time visual technology like webcams. All individuals in supervisory relationships are likely to benefit from this change as it gives them greater flexibility to complete the experience requirement in the way that is most efficient for all involved parties. Because hours of face-to-face supervision are not changing, this requirement should remain as effective a means of training as it currently is. Consequently, no entity should be harmed or incur additional costs on account of this change.

Current regulations require that all documents for an application be submitted at once, that they be submitted 90 days before an applicant takes the licensure exam, that the licensure application be notarized and that school transcripts be delivered in the schools original sealed envelope. The Board proposes to eliminate all of these requirements for submission of application so that applications can be submitted online. No entity is likely to incur any additional costs on account of these regulatory changes. Applicants for licensure will benefit from being able to submit their applications electronically which will likely be both cheaper and more efficient.

Current regulations for licensure by endorsement require that applicants provide verification of active licensed practice in another political jurisdiction for 36 of the 60 months immediately prior to application. The Board proposes to also allow active practice in a setting that was exempted from licensure requirements in the political jurisdiction where they applicant formerly practiced to count toward this active practice requirement so long as the exempt practice was at the same level as the Virginia license being sought. For example, applicants for licensure as licensed clinical social workers would have to have been practicing as clinical social workers in an exempt setting for their exempt experience to count. No entity is likely to incur any costs on account of this regulatory change. Applicants for licensure are likely to benefit from this change as it will increase the likelihood that individuals who have been practicing their craft in another state will qualify for licensure by endorsement in Virginia rather than having to be licensed by examination (which would take longer and be more costly) because their experience accrued in an exempt setting did not count.

Under current regulations individuals who are seeking approval to be supervisors for licensure applicants who are completing their supervised experience requirements must hold an active, unrestricted license as a licensed clinical social worker with at least three years of post-licensure work experience, must have completed the required hours of training in supervision and may not supervise family members or anyone that they have another relationship with (friends, business relationship, etc.). The Board now proposes to also allow unlicensed individuals from other states that do not require licensure to be supervisors so long as they have done the job of a clinical social worker for the required amount of time and have training in supervision. No entity is likely to be harmed or incur any costs on account of this regulatory change. Individuals who wish to act as supervisors, but who have practiced in a state that does not require licensure for clinical social workers, will benefit from this change as it will allow them to work at a job from which they are currently barred. Applicants for licensure in the Commonwealth will likely also benefit as this change may broaden the pool of available supervisors making it somewhat easier or cheaper to get the supervision the applicants require.

Current regulations require licensees who are renewing their licenses to provide documentation proving the completion of both Category I and Category II continuing education (CE). Board staff reports that Category I CE consists of education that is verifiable by transcripts and/or certificates of completion whereas Category II CE is intended to be self-study or independent learning activities which are harder to verify. Consequently, the Board proposes to eliminate the requirement to document Category II CE and instead require licensees to attest that they have completed any claimed activities. No entity is likely to incur any costs on account of this regulatory change. Individuals who are renewing their licenses will likely benefit from this change as they will no longer have to incur costs for documenting Category II CE and getting that documentation to Board staff.

Businesses and Entities Affected. The Department of Health Professions (DHP) reports that the Board currently regulates 5,639 licensed clinical social workers and 460 licensed social workers. All of these entities, as well as any individuals who may wish to become licensed in the future, will be affected by these proposed regulations.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. The loosening of restrictions such as those on experience for individuals applying to be licensed by endorsement and on allowances for electronic supervision in this regulatory action may slightly increase the number of individuals who are eligible for licensure as licensed clinical social workers and licensed social workers. These actions may increase the pool of individuals who are eligible to practice these professions.

Effects on the Use and Value of Private Property. To the extent that a professional license can be considered valuable private property that entitles an individual to work at a job that unlicensed individuals may not, eliminating or loosening some limitations that then make obtaining licensure easier or less costly will likely slightly increase the value of licensees' private property.

Small Businesses: Costs and Other Effects. Affected small businesses are unlikely to incur costs on account of these proposed changes.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Affected small businesses are unlikely to incur costs on account of these proposed changes.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Board of Social Work concurs with the analysis of the Department of Planning and Budget on amendments for 18VAC140-20, Regulations Governing the Practice of Social Work, relating to regulatory reform.

Summary:

Amendments are adopted pursuant to the Governor's Regulatory Reform Initiative to (i) allow certain electronic face-to-face supervision; (ii) facilitate online submission of application packages; (iii) permit practice in an exempt setting to count towards the active practice requirement for licensure by endorsement; (iv) accept qualified practitioners from out of state to provide supervision; (v) list the required examinations in the regulation; and (vi) eliminate required documentation of category II continuing education.

Part I
General Provisions

18VAC140-20-10. Definitions.

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-3700 of the Code of Virginia:

Board

Casework

Casework management and supportive services

Clinical social worker

Practice of social work

Social worker

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Accredited school of social work" means a school of social work accredited by the Council on Social Work Education.

"Active practice" means post-licensure practice at the level of licensure for which an applicant is seeking licensure in Virginia and shall include at least 360 hours of practice in a 12-month period.

"Ancillary services" means activities such as case management, recordkeeping, referral, and coordination of services.

"Clinical course of study" means graduate course work which includes specialized advanced courses in human behavior and social environment, social policy, research, clinical practice with individuals, families, groups and a clinical practicum which focuses on diagnostic, prevention and treatment services.

"Clinical social work services" include the application of social work principles and methods in performing assessments and diagnoses based on a recognized manual of mental and emotional disorders or recognized system of problem definition, preventive and early intervention services and treatment services, including but not limited to psychotherapy and counseling for mental disorders, substance abuse, marriage and family dysfunction, and problems caused by social and psychological stress or health impairment.

"Exempt practice" is that which meets the conditions of exemption from the requirements of licensure as defined in § 54.1-3701 of the Code of Virginia.

"Face-to-face supervision" means the physical presence of the individuals involved in the supervisory relationship during either individual or group supervision or the use of technology that provides real-time, visual contact among the individuals involved.

"Nonexempt practice" is that which does not meet the conditions of exemption from the requirements of licensure as defined in § 54.1-3701 of the Code of Virginia.

"Supervisee" means an individual who has submitted a supervisory contract and has received board approval to provide clinical services in social work under supervision.

"Supervision" means a professional relationship between a supervisor and supervisee in which the supervisor directs, monitors and evaluates the supervisee's social work practice while promoting development of the supervisee's knowledge, skills and abilities to provide social work services in an ethical and competent manner.

Part II
Requirements for Licensure

18VAC140-20-40. Requirements for licensure by examination as a licensed clinical social worker.

Every applicant for examination for licensure as a licensed clinical social worker shall:

1. Meet the education requirements prescribed in 18VAC140-20-49 and experience requirements prescribed in 18VAC140-20-50.

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

a. A completed notarized application;

b. a. Documentation, on the appropriate forms, of the successful completion of the supervised experience requirements of 18VAC140-20-50 along with documentation of the supervisor's out-of-state license where applicable. Applicants 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;

c. b. The application fee prescribed in 18VAC140-20-30;

d. c. Official transcript or transcripts in the original sealed envelope submitted from the appropriate institutions of higher education directly to the applicant; and

e. d. Documentation of applicant's out-of-state licensure or certification where applicable.

3. Provide evidence of passage of the examination prescribed in 18VAC140-20-70. If the examination was not passed within five years preceding application for licensure, the applicant may qualify by documentation of providing clinical social work services in an exempt setting for at least 360 hours per year for two of the past five years.

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

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 social work licensure in good standing obtained by standards required for licensure in another jurisdiction as verified by the out-of-state licensing agency on a board-approved form. 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 as established by the board on a board-approved national exam at the level for which the applicant is seeking licensure in Virginia.

4. Verification of active practice in another jurisdiction or practice in an exempt setting at the level for which the applicant is seeking licensure for 36 out of the past 60 months or evidence of supervised experience requirements substantially equivalent to those outlined in 18VAC140-20-50 and 18VAC140-20-60.

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

18VAC140-20-50. Experience requirements for a licensed clinical social worker.

A. Supervised experience. Supervised post-master's degree experience in all settings obtained in Virginia without prior written board approval will not be accepted toward licensure. Supervision begun before November 26, 2008, that met the requirements of this section in effect prior to that date will be accepted until November 26, 2012.

1. Registration. An individual who proposes to obtain supervised post-master's degree experience in Virginia shall, prior to the onset of such supervision:

a. Register on a form provided by the board and completed by the supervisor and the supervised individual; and

b. Pay the registration of supervision fee set forth in 18VAC140-20-30.

2. Hours. The applicant shall have completed a minimum of 3,000 hours of supervised post-master's degree experience in the delivery of clinical social work services. A minimum of one hour and a maximum of four hours of face-to-face supervision shall be provided per 40 hours of work experience for a total of at least 100 hours. No more than 50 of the 100 hours may be obtained in group supervision, nor shall there be more than six persons being supervised in a group unless approved in advance by the board. The board may consider alternatives to face-to-face supervision if the applicant can demonstrate an undue burden due to hardship, disability or geography.

a. Experience shall be acquired in no less than two nor more than four years.

b. Supervisees shall average no less than 15 hours per week 40 hours of work experience in face-to-face client contact for a minimum of 1,380 hours. The remaining hours may be spent in ancillary duties and activities services supporting the delivery of clinical social work services.

3. An individual who does not complete the supervision requirement after four years of supervised experience shall submit evidence to the board showing why the training should be allowed to continue.

B. Requirements for supervisors.

1. The supervisor shall hold an active, unrestricted license as a licensed clinical social worker in the jurisdiction in which the clinical services are being rendered with at least three years of postlicensure clinical social work experience. The board may consider supervisors with commensurate qualifications if the applicant can demonstrate an undue burden due to geography or disability.

2. The supervisor shall have received professional training in supervision, consisting of a three credit-hour graduate course in supervision or at least 14 hours of continuing education offered by a provider approved under 18VAC140-20-105. The graduate course or hours of continuing education in supervision shall be obtained by a supervisor within five years immediately preceding registration of supervision.

3. The supervisor shall not provide supervision for a member of his immediate family or provide supervision for anyone with whom he has a dual relationship.

4. The board may consider supervisors from jurisdictions outside of Virginia who provided clinical social work supervision if they have commensurate qualifications but were either (i) not licensed because their jurisdiction did not require licensure or (ii) were not designated as clinical social workers because the jurisdiction did not require such designation.

C. Responsibilities of supervisors. The supervisor shall:

1. Be responsible for the social work activities of the supervisee as set forth in this subsection once the supervisory arrangement is accepted;

2. Review and approve the diagnostic assessment and treatment plan of a representative sample of the clients assigned to the applicant during the course of supervision. The sample should be representative of the variables of gender, age, diagnosis, length of treatment and treatment method within the client population seen by the applicant. It is the applicant's responsibility to assure the representativeness of the sample that is presented to the supervisor;

3. Provide supervision only for those social work activities for which the supervisor has determined the applicant is competent to provide to clients;

4. Provide supervision only for those activities for which the supervisor is qualified by education, training and experience;

5. Evaluate the supervisee's knowledge and document minimal competencies in the areas of an identified theory base, application of a differential diagnosis, establishing and monitoring a treatment plan, development and appropriate use of the professional relationship, assessing the client for risk of imminent danger, and implementing a professional and ethical relationship with clients;

6. Be available to the applicant on a regularly scheduled basis for supervision; and

7. Maintain documentation, for five years postsupervision, of which clients were the subject of supervision.

D. Supervisees may not directly bill for services rendered or in any way represent themselves as independent, autonomous practitioners, or licensed clinical social workers. During the supervised experience, supervisees shall use their names and the initials of their degree, and the title "Supervisee in Social Work" in all written communications. Clients shall be informed in writing of the supervisee's status and the supervisor's name, professional address, and phone number.

18VAC140-20-51. Requirements for licensure by examination as a licensed social worker.

A. In order to be approved to sit for the board-approved examination for a licensed social worker, an applicant shall:

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

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

a. A completed notarized application;

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

c. b. Official transcript or transcripts in the original sealed envelope submitted from the appropriate institutions of higher education directly to the applicant.

B. In order to be licensed by examination as a licensed social worker, an applicant shall:

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

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

a. 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;

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

c. Documentation of applicant's out-of-state licensure or certification where applicable.

3. Provide evidence of passage of the examination prescribed in 18VAC140-20-70. If the examination was not passed within five years preceding application for licensure, the applicant may qualify by documentation of providing social work services in an exempt setting for at least 360 hours per year for two of the past five years.

18VAC140-20-60. Education and experience requirements for licensed social worker.

A. Education. The applicant shall hold a bachelor's or a master's degree from an accredited school of social work. Graduates of foreign institutions must establish the equivalency of their education to this requirement through the Foreign Equivalency Determination Service of the Council on Social Work Education.

B. Master's degree applicant. An applicant who holds a master's degree may apply for licensure as a licensed social worker without documentation of supervised experience.

C. Bachelor's degree applicant. Supervised experience in all settings obtained in Virginia without prior written board approval will not be accepted toward licensure. Supervision begun before November 26, 2008, that met the requirements of this section in effect prior to that date will be accepted until November 26, 2012.

1. Hours. Bachelor's degree applicants shall have completed a minimum of 3,000 hours of supervised post-bachelor's degree experience in casework management and supportive services under supervision satisfactory to the board. A minimum of one hour and a maximum of four hours of face-to-face supervision shall be provided per 40 hours of work experience for a total of at least 100 hours.

2. Experience shall be acquired in no less than two nor more than four years from the beginning of the supervised experience.

D. Requirements for supervisors.

1. The supervisor providing supervision shall hold an active, unrestricted license as a licensed social worker with a master's degree, or a licensed social worker with a bachelor's degree and at least three years of postlicensure social work experience or a licensed clinical social worker in the jurisdiction in which the social work services are being rendered. If this requirement places an undue burden on the applicant due to geography or disability, the board may consider individuals with comparable qualifications.

2. The supervisor shall:

a. Be responsible for the social work practice of the prospective applicant once the supervisory arrangement is accepted by the board;

b. Review and approve the assessment and service plan of a representative sample of cases assigned to the applicant during the course of supervision. The sample should be representative of the variables of gender, age, assessment, length of service and casework method within the client population seen by the applicant. It is the applicant's responsibility to assure the representativeness of the sample that is presented to the supervisor. The supervisor shall be available to the applicant on a regularly scheduled basis for supervision. The supervisor will maintain documentation, for five years post supervision, of which clients were the subject of supervision;

c. Provide supervision only for those casework management and support services activities for which the supervisor has determined the applicant is competent to provide to clients;

d. Provide supervision only for those activities for which the supervisor is qualified; and

e. Evaluate the supervisee in the areas of professional ethics and professional competency.

3. Supervision between members of the immediate family (to include spouses, parents, and siblings) will not be approved.

Part III
Examinations

18VAC140-20-70. Examination requirement.

A. An applicant for licensure by the board as a social worker or clinical social worker shall pass a written examination prescribed by the board.

1. The examination prescribed for licensure as a clinical social worker shall be the licensing examination of the Association of Social Work Boards at the clinical level.

2. The examination prescribed for licensure as a social worker shall minimally be the licensing examination of the Association of Social Work Boards at the bachelor's level.

B. The board shall establish passing scores on the written examination.

C. B. A candidate approved by the board to sit for an examination shall take that examination within two years of the date of the initial board approval. If the candidate has not passed the examination by the end of the two-year period here prescribed, the applicant shall reapply according to the requirements of the regulations in effect at that time.

18VAC140-20-100. Licensure renewal.

A. All licensees shall renew their licenses on or before June 30 of each odd-numbered year and pay the renewal fee prescribed by the board.

B. Beginning with the 2003 renewal, licensees Licensees who wish to maintain an active license shall pay the appropriate fee and document on the renewal form compliance with the continued competency requirements prescribed in 18VAC140-20-105. Newly licensed individuals are not required to document continuing education on the first renewal date following initial licensure.

C. A licensee who wishes to place his license in inactive status may do so upon payment of a fee equal to one-half of the biennial license renewal fee as indicated on the renewal form. No person shall practice social work or clinical social work in Virginia unless he holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in 18VAC140-20-110.

D. Each licensee shall furnish the board his current address of record. All notices required by law or by this chapter to be mailed by the board to any such licensee shall be validly given when mailed to the latest address of record given by the licensee. Any change in the address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

18VAC140-20-106. Documenting compliance with continuing education requirements.

A. All licensees in active status are required to maintain original documentation for a period of five years following renewal.

B. After the end of each renewal period, the board shall conduct a random audit of licensees to verify compliance with the requirement for that renewal period.

C. Upon request, a licensee shall provide documentation as follows:

1. To document completion Documentation of Category I activities licensee shall provide by submission of:

a. Official transcripts showing credit hours earned; or

b. Certificates of participation.

2. Documentation Attestation of completion of Category II activities shall be by:

a. Certificates of participation;

b. Proof of presentations made;

c. Reprints of publications;

d. Letters from educational institutions or agencies approving continuing education program;

e. Letter of confirmation from the school of social work;

f. Official notification from the association that sponsored the item writing workshop or continuing education program;

g. Documentation of attendance at formal staffings shall be by signed affidavit on a form provided by the board; or

h. Identification of the source of material studied, summary of content, and a signed affidavit attesting to completion of the independent study.

D. Continuing education hours required by disciplinary order shall not be used to satisfy renewal requirements.