Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work (amending 18VAC140-20-30, 18VAC140-20-45, 18VAC140-20-60).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: February 19, 2020.

Effective Date: March 5, 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 of Social Work the authority to promulgate regulations to administer the regulatory system.

Purpose: The less burdensome and costly pathway to licensure for a person with a bachelor's degree in social work resulting from the amendments may encourage individuals to seek licensure. And, more people working in the social work field, providing support services and casework, may increase access to mental health services to help protect the public health, safety, and welfare.

Rationale for Using Fast-Track Rulemaking Process: The regulatory action will make licensure as a licensed baccalaureate social worker (LBSW) considerably less burdensome, and since the change is consistent with 35 other states, it is not expected to be controversial.

Substance: The amendments will reduce the fee for initial licensure and for annual renewal of licensure for an LBSW. The application fee is reduced from $115 to $100, and the renewal fee is reduced from $65 to $55. The most significant reduction in regulatory burden is the elimination of the current requirement for an applicant with a baccalaureate degree to have 3,000 hours of supervised experience in order to qualify for licensure as an LBSW.

Issues: There are no primary advantages or disadvantages to the public. There may be more persons working as LBSWs, providing casework and related services, if the cost reduction and elimination of supervised experience leads to an increase in the number of licensed providers. There are no advantages or disadvantages to the agency. Only 13 people are currently licensed as LBSWs, so the $10 reduction in renewal fees will not affect the board's budget.

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 18VAC140-20 Regulations Governing the Practice of Social Work (regulation) in order to reduce the fees and remove the supervised experience requirements for "licensed baccalaureate social workers" (LBSW). The application fee would be reduced from $115 to $100, and the renewal fee would be reduced from $65 to $55. LBSW candidates are currently required to undergo 3,000 hours of supervised experience in order to qualify for licensure; this requirement would be entirely eliminated.

Background. Chapter 451 of the 2018 Acts of Assembly divided the category of "licensed social worker" into two categories of "baccalaureate social workers" (BSW) and "master's social worker" (MSW) based on the education level of the applicants. In response to Chapter 451, the Board amended the regulation to create two categories of licensure by incorporating the definitions of BSW and MSW, and replacing "licensed social worker" with "LBSW and LMSW" in all of the existing fees and requirements for licensure. Apart from these changes, the Board did not revise the content of the requirements.²

Prior to the creation of two separate licenses, the regulatory requirements for licensed social workers were identical for applicants with bachelor's or master's degrees, except with respect to work experience. While applicants with a master's degree were not required to acquire any supervised work experience, those with a bachelor's degree were required to register for 3,000 hours of supervised experience with a licensed social worker. This difference in requirements was maintained when the Board amended the regulation in response to Chapter 451 to create two categories of licensure: LBSW applicants are required to provide documentation of having completed 3,000 hours of supervised experience whereas LMSW applicants face no such requirement.

The board now proposes to revise the content of the requirements. Per the Agency Background Document,³ the Board is interested in increasing the workforce that is able to provide social work services by increasing the number of LBSWs. A survey of requirements in other states found that 32 states do not require supervised experience following the bachelor's degree and 12 states have no equivalent category of licensure. Virginia has required supervised experience for 30 years and is one of only 4 states that requires supervised experience. The Board estimates that it typically takes 18 months to 2 years for a candidate to complete 3,000 hours of supervised experience. Further, the category of BSW is defined as providing basic generalist services under the supervision of an MSW, including casework management, supportive services, consultation and education.⁴ Hence, removing the supervised experience requirement does not change the capacity in which LBSWs perform their professional duties but allows them to become fully licensed more expeditiously upon completing a bachelor's degree in social work.

Finally, the Board also proposes a reduction in the first-time application fee and annual renewal fees for LBSWs; the application fee would be reduced from $115 to $100, and the renewal fee would be reduced from $65 to $55. This is a reduction of the current fees by $15 and $10 respectively and is intended to more clearly distinguish between the two levels of licensure.

Estimated Benefits and Costs. Institutions that hire social workers, such as hospitals, schools, and community services boards may find it easier to fill vacancies for social workers if the number of LBSWs increases. Further, to the extent that employers are able to substitute services provided by LMSWs with services provided by LBSWs, they may be able to lower their operating costs, assuming LBSWs are paid less than LMSWs. However, the ability of employers to substitute LMSWs with LBSWs is limited since LMSWs are required to supervise LBSWs.

Potential LBSWs may benefit from the removal of the 3,000-hour supervised experience requirement by being able to obtain a license and begin employment upon obtaining their degree to the extent that having the license in hand gives them greater flexibility and bargaining power in the labor market for social workers. However, unless there already is a shortage of social workers, such that employers cannot fill positions, an increase in the supply of social workers competing for positions would likely lead to a decline in average wages paid to them.

Potential LMSWs may be affected even though the proposed changes are not directly targeted at them. If the supervised experience requirement was burdensome (difficult to arrange, low-paying, and requiring nearly two years to complete), and ultimately provided the same benefits as obtaining a master's degree, it could have incentivized social work students to obtain a master's degree before applying for licensure altogether. This is indicated by the fact that the Board currently has only 13 LBSWs but 771 LMSWs.⁵ This incentive was likely heightened to the extent that the burden of obtaining a master's degree decreased over the last thirty years as a result of increased access to student loans and the proliferation of online master's programs. Although these incentives will likely interact, the removal of the supervised experience requirement could diminish the perceived additional benefit of obtaining a master's degree in social work. As a result, some of the growth in the number of LBSWs could arise from slower growth, or even a reduction, in the number of LMSWs.

Finally, an overall increase in the supply of qualified and licensed social workers would support the expansion of mental health resources in a variety of institutional settings from schools and hospitals to prisons and rehabilitation facilities. This could lead to increased public safety and well-being in general, although these benefits may be difficult to quantify in precise terms.

Businesses and Other Entities Affected. As mentioned, some social workers with bachelor's degrees may be encouraged to seek licensure. Mental health providers and entities that employ social workers, such as hospitals and nursing facilities, correctional facilities, and child placing agencies, may find it easier to fill vacancies for licensed social workers.

Localities⁶ Affected.⁷ The proposed amendments do not introduce new costs for local governments and are unlikely to affect any locality in particular.

Projected Impact on Employment. The proposed amendments are likely to increase the overall number of social workers that are licensed and employed in a variety of institutional settings, from schools and hospitals to prisons and rehabilitation facilities.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to affect the use and value of private property. Real estate development costs are not affected.

Adverse Effect on Small Businesses.⁸ The proposed amendments are unlikely to have an adverse impact on any small business.

___________________________

²See https://townhall.virginia.gov/l/ViewStage.cfm?stageid=8344, effective August 8, 2019.

³See https://townhall.virginia.gov/l/GetFile.cfm?File=32\5389\8766\Agency Statement_DHP_8766_v1.pdf

⁴Code of Virginia (§ 54.1-3700)

⁵The Department of Health Professions provided this information via email. Unfortunately, they could not provide information on the highest education level of licensed social workers prior to the separation of licensure levels.

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.

⁷§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

⁸Pursuant 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."

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 amendments (i) reduce the fee for initial licensure to $100 and the fee for annual renewal of licensure to $55 for licensed baccalaureate social workers (LBSW) and (ii) eliminate the requirement for an applicant with a bachelor's degree to have 3,000 hours of supervised experience to qualify for licensure as an LBSW.

18VAC140-20-30. Fees.

A. The board has established fees for the following:

1. Registration of supervision	$50
2. Addition to or change in registration of supervision	$25
3. Application processing
a. Licensed clinical social worker	$165
b. LBSW c. LMSW	$115 $100 $115
4. Annual license renewal
a. Registered social worker	$25
b. Associate social worker	$25
c. LBSW d. LMSW	$65 $55 $65
e. Licensed clinical social worker	$90
5. Penalty for late renewal
a. Registered social worker	$10
b. Associate social worker	$10
c. LBSW d. LMSW	$20 $20
e. Licensed clinical social worker	$30
6. Verification of license to another jurisdiction	$25
7. Additional or replacement licenses	$15
8. Additional or replacement wall certificates	$25
9. Returned check	$35
10. Reinstatement following disciplinary action	$500

B. Fees shall be paid by check or money order made payable to the Treasurer of Virginia and forwarded to the board. All fees are nonrefundable.

C. Examination fees shall be paid directly to the examination service according to its requirements.

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.

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 and 18VAC140-20-60 C 2 and C 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.

18VAC140-20-60. Education and experience requirements for an LBSW or LMSW.

A. Education. The applicant for licensure as an LBSW shall hold a bachelor's degree from an accredited school of social work. The applicant for licensure as an LMSW shall hold 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 an LMSW without documentation of supervised experience.

C. Supervised experience requirement for bachelor's degree applicants. Supervised experience without prior written board approval will not be accepted toward licensure, except supervision obtained in another United States jurisdiction may be accepted if it met the requirements of that jurisdiction.

1. Registration. Prior to the onset of supervision, an individual who proposes to obtain supervised experience in Virginia shall:

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. 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.

3. Supervised experience shall be acquired in no less than two nor more than four consecutive years from the beginning of the supervised experience. An individual who does not complete the supervision requirement after four consecutive years of supervised experience may request an extension of up to 12 months. The request for an extension shall include evidence that demonstrates extenuating circumstances that prevented completion of the supervised experience within four consecutive years.

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 post-licensure 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;

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

f. Ensure that the board is notified of any change in supervision or if the supervision has ended or has been terminated by the supervisor.

3. The supervisor shall not provide supervision for a family member or provide supervision for anyone with whom the supervisor has a dual relationship.