Title of Regulation: 22VAC40-670. Degree Requirements for Social Work Occupational Group (amending 22VAC40-670-10, 22VAC40-670-20).

Statutory Authority: § 63.2-217 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: January 15, 2014.

Effective Date: February 1, 2014.

Agency Contact: Linda Martin, Policy Analyst Senior, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7803, FAX (804) 726-7027, or email linda.martin@dss.virginia.gov.

Basis: Section 63.2-217 of the Code of Virginia provides the State Board of Social Services the general authority for the development of regulations to carry out the purposes of Title 63.2. Section 63.2-219 of the Code of Virginia gives the board authority to specify the requirements for local departments' personnel administration under Title 63.2.

Purpose: The amendments are necessary to make the regulation consistent with the requirements of state law and to make technical corrections. The amendments are intended to help ensure employees who provide direct services have the education and experience necessary to protect the health, safety, and welfare of clients served by local departments of social services.

Rationale for Using Fast-Track Process: Executive Order 14 (2010) allows state agencies to use a fast-track rulemaking process to expedite regulatory changes that are expected to be noncontroversial. The amendments to the regulation incorporate requirements of state law and make technical corrections. As a result, no objections are anticipated.

Substance: The amendments conform the regulation to restrictions on the use of the title "social worker" pursuant to § 54.1-3709 of the Code of Virginia and incorporate necessary technical changes.

This action is necessary due to Chapter 794 of the 2011 Acts of Assembly, which stipulates that the title of social worker cannot be used by an individual unless he has received "a baccalaureate or master's degree in social work from an accredited social work school or program approved by the Council on Social Work Education or a doctorate in social work."

Issues: The advantage of this regulatory action to the agency and to the public is that it makes the regulation consistent with state law and clarifies the requirements for local department employees. There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. To comply with title protection requirements in Chapter 794 of the 2011 Acts of Assembly, the Board of Social Services (Board) proposes to change the titles of Local Departments of Social Services (LDSS) employed Social Workers and Social Work Supervisors to Family Services Specialists and Family Services Supervisors, respectively.

Result of Analysis. There is insufficient information to ascertain whether benefits will outweigh costs for these proposed changes.

Estimated Economic Impact. In 2011, the General Assembly passed a law that reads, in part, "It shall be unlawful for any person not licensed under this chapter to use the title of 'social worker' in writing or in advertising." This law also makes it a Class I misdemeanor to violate this title protection provision. In response to this change in statute, the Board now proposes to change the titles of Social Workers I, II, III and IV as well as Social Work Supervisors so that these individuals as well as the LDSS that employ them will be in compliance with the law. The Board proposes to change the titles of these workers to Family Services Specialists I, II, III and IV and Family Services Supervisors.

This change will benefit social workers who are licensed through the Department of Health Professions as they will now have sole use of the title of social worker. LDSS will likely incur one-time costs for reprinting business cards for the 2,689 affected workers (approximate cost: $9.50 per box) and will also likely incur some one-time expense for staff time spent going through all electronic information and brochures and changing titles appropriately.

Businesses and Entities Affected. Board staff reports there are currently 2,689 employees of LDSS that will be affected by this proposed regulatory change.

Localities Particularly Affected. All LDSS will be affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action is unlikely to affect employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulatory changes are unlikely to affect the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. No small businesses will be affected by this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. No small businesses will be affected by this regulatory action.

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, a determination of the public benefit, 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 an 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 Department of Social Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments change the occupational titles of social workers and social work supervisors employed by local departments of social services to family services specialists and family services supervisors to conform to the title restriction requirements of Chapter 794 of the 2011 Acts of Assembly.

CHAPTER 670
DEGREE REQUIREMENTS FOR SOCIAL WORK FAMILY SERVICES OCCUPATIONAL GROUP

22VAC40-670-10. Definitions.

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

"Human services field" means the field of social work family services and related degrees, including counseling, gerontology, guidance and counseling, family and child development, psychology, sociology, or other related degrees determined by the Division of Human Resource Management Resources based on the similarity of the curriculum and course content. It is the applicant's responsibility to provide information with the application if the applicant wishes the course content and curriculum to be so evaluated.

"Social Work "Family Services Occupational Group" includes the following occupational titles:

Social Work Family Services Supervisor;

Social Worker Family Services Specialist IV;

Social Worker Family Services Specialist III;

Social Worker Family Services Specialist II; and

Social Worker Family Services Specialist I.

For purposes of this chapter, Social Work Organizational Family Services Occupational Group does not include Social Work Family Services Manager.

22VAC40-670-20. Policy.

Section 63.2-219 of the Code of Virginia requires the board to establish minimum entrance and performance standards.

In order to be evaluated for vacancies in the Social Work Family Services Occupational Group, applicants shall:

1. Possess a minimum of a baccalaureate degree in the human services field; or

2. Possess a minimum of a baccalaureate degree in any field accompanied by a minimum of two years appropriate and related experience in a human services related area; or

3. To be considered for promotion, persons currently employed in the Social Work Family Services Occupational Group by a local agency department prior to September 1, 1990, who do not meet the requirements of subdivision 1 or 2 of this section, shall possess four years of appropriate and related experience in a human services area and must have successfully completed all available competency-based training related to the promotional area.

If an individual does not indicate possession of the requirements in subdivision 1, 2, or 3 of this section on the application, he will not be qualified for the position.

Once the applicant has noted the possession of a baccalaureate degree in the human services field on the application or resume, the evaluation process will continue using knowledge, skill, and ability criteria.

Individuals employed in the Social Work Family Services Occupational Group prior to September 1, 1990, who do not meet the requirements of subdivision 1, 2, or 3 of this section, will be retained in their current occupational title or any lesser occupational title without having to meet the above requirements. This includes the same occupational title in another local agency department. These individuals will be required to meet the requirements of subdivision 1, 2, or 3 of this section for application to any higher occupational title other than their current occupational title.