DAR File No. 38979

Commerce, Occupational and Professional Licensing

Rule R156-60a

Social Worker Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38979
Filed: 11/25/2014 10:19:11 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Social Worker Licensing Board reviewed the rule and determined it was necessary to modify the social worker examination and licensed clinical social worker (LCSW) training requirements.

Summary of the rule or change:

In Section R156-60a-302c, the rule currently requires applicants for the LCSW license to hold a certified social worker (CSW) license while they gather 4,000 hours of training. The proposed amendment creates two exceptions to this requirement. The first exception is for an individual who is not licensed as a CSW in Utah because the individual is under an exemption established in Subsection 58-1-307(1)(a) for an individual who works at a federal agency and who is licensed in another state. The second exception is for an individual who gathers training hours outside Utah in a jurisdiction where the individual holds either a license equivalent to the CSW or is trained without a license under the laws of that jurisdiction. Subsection R156-60a-302d(4) is removed because the Division is removing itself from the exam pre-approval process. Under the new process, the Association of Social Work Boards (ASWB) determines who takes the ASWB exam. The new process will dramatically decrease the number of days that a social worker license application is pending with the Division.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-60-201
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

Administering the pre-approval process for the ASWB exams distracts Division staff from their primary responsibility of processing social worker license applications. As a result, the Division will experience savings impact due to removing itself from the exam pre-approval processes under amendments to Section R156-60a-302c. The Division is unable to estimate the extent of savings impact cause by this amendment. The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. No other cost impact to the Division is anticipated.

local governments:

The proposed amendments apply only to social worker license applicants. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments impact social worker license applicants, who may own a small business. Removing the Division from the ASWB exam pre-approval process has cost impact on applicants in Utah seeking to register for the ASWB exam. ASWB charges candidates a $60 fee to perform services related to the exam pre-approval process. The Division is unable to determine an aggregate cost to social worker applicants since the Division does not know how many new applicants will be applying to take the ASWB exam and will thus be subject to the $60 fee. Creation of the two exceptions to the requirement for individuals to hold a CSW license while they fulfill the LCSW training requirement will have savings impact on individuals who fall under the exceptions. The Division is unable to estimate the extent of savings impact caused by this amendment.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments impact social worker license applicants. Removing the Division from the ASWB exam pre-approval process has cost impact on applicants in Utah seeking to register for the ASWB exam. ASWB charges candidates a $60 fee to perform services related to the exam pre-approval process. The Division is unable to determine an aggregate cost to social worker applicants since the Division does not know how many new applicants will be applying to take the ASWB exam and will thus be subject to the $60 fee. Creation of the two exceptions to the requirement for individuals to hold a CSW license while they fulfill the LCSW training requirement will have savings impact on individuals who fall under the exceptions. The Division is unable to estimate the extent of savings impact caused by this amendment.

Compliance costs for affected persons:

The proposed amendments impact social worker license applicants. Removing the Division from the ASWB exam pre-approval process has cost impact on applicants in Utah seeking to register for the ASWB exam. ASWB charges candidates a $60 fee to perform services related to the exam pre-approval process. Creation of the two exceptions to the requirement for individuals to hold a CSW license while they fulfill the LCSW training requirement will have savings impact on individuals who fall under the exceptions. The Division is unable to estimate the extent of savings impact caused by this amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing eliminates existing examination requirements that the Division will no longer seek to enforce. In addition, it allows individuals who have not obtained a Utah certified social worker license to submit an application for a clinical social worker license if they have been approved by another state to work as a certified social worker. It is anticipated that these amendments will affect individuals seeking licensure, with no fiscal impact to businesses.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2015

Interested persons may attend a public hearing regarding this rule:

• 01/07/2015 08:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 403, Salt Lake City, UT

This rule may become effective on:

01/21/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-60a. Social Worker Licensing Act Rule.

R156-60a-302c. Training Requirements for Licensure as an LCSW.

(1)  In accordance with Subsections 58-60-205(1)(e),(f) and (g), and 58-60-202(4)(a), the 4,000 hours of clinical social work and mental health therapy training qualifying an applicant for licensure as an LCSW shall:

([1]a) be obtained after completion of the education requirement set forth in Subsections 58-60-205(1)(d) and (g) and shall not include any clinical practicum hours obtained as part of the education program;

([2]b) be completed over a [duration]period of not less than two years;

([3]c) unless this Subsection (2) applies, be completed while the applicant is licensed as a CSW;

([4]d) be completed while the [CSW is an employee of]applicant is employed by a public or private agency engaged in mental health therapy;

([5]e) be completed under a program of general supervision by an LCSW meeting the requirements of Sections R156-60a-302e and R156-60a-601; and

([6]f) include the following training requirements:

([a]i) individual, family, and group therapy;

([b]ii) crisis intervention;

([c]iii) intermediate treatment; and

([d]iv) long term treatment.

(2) An applicant may apply to the Division for an LCSW license without complying with this Subsection (1)(c) if:

(a) the applicant qualifies for a license exemption under Subsection 58-1-307(1)(a); or

(b) the applicant completed training in another jurisdiction, which training is completed:

(i) while the applicant is licensed as the equivalent of a CSW; or

(ii) while the applicant is not required to be licensed while engaged in the practice of certified social work.

 

R156-60a-302d. Examination Requirements.

(1) In accordance with Subsection 58-60-205(1)(h), the examination requirements for licensure as an LCSW include passing the Clinical Examination of the ASWB or the Clinical Social Workers Examination of the State of California.

(2) In accordance with Subsection 58-60-205(2)(e), the examination requirements for licensure as a CSW shall include passing the Masters, Advanced Generalist, or Clinical Examination of the ASWB.

(3) In accordance with Subsection 58-60-205(4)(e), the examination requirements for licensure as an SSW shall include passing the Bachelors Examination of the ASWB.

(4) [Applicants for any ASWB exam must pass the exam within one year from date of the Division's approval for the applicant to take the exam. If the applicant does not pass the required exam within one year, the pending license application shall be denied.

(5) ]Applicants requesting additional time to complete any ASWB exam in accordance with Subsection 58-60-205(5) shall complete an ASWB application for special arrangements approved by the Division.

 

KEY: licensing, social workers

Date of Enactment or Last Substantive Amendment: [July 9, 2012]2015

Notice of Continuation: August 4, 2014

Authorizing, and Implemented or Interpreted Law: 58-60-201; 58-1-106(1)(a); 58-1-202(1)(a)