Commerce, Occupational and Professional Licensing

Rule R156-60a

Social Worker Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 34310
Filed: 12/14/2010 09:05:07 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Social Worker Licensing Board reviewed this rule and determined the following changes should be made: clarifying the training requirement for licensure as a licensed clinical social worker (LCSW), and deleting references to a date that is no longer necessary.

Summary of the rule or change:

In Section R156-60a-302c, the Division has long required that an individual be licensed as a certified social worker (CSW) in order to obtain hours of clinical social work training needed to qualify for a LCSW license. Subsection R156-60a-302c(3) establishes this requirement; however the requirement is not as clear as it should be. The proposed amendment adds a subsection that explicitly requires that hours of training be obtained while licensed as a CSW. The remaining subsections have been renumbered. In Section R156-60a-304, the last time this rule was amended references to 10/01/2010 were added to coincide with the beginning of the license renewal cycle for LCSWs and social service workers. Now that this date has passed, the reference to the date serves no purpose and is now being deleted.

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:

The Division will incur minimal costs of approximately $50 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. By amending Section R156-60a-302c, the Division avoids potential costs associated with responding to requests for agency review filed by applicants who may misinterpret the current rule language.

local governments:

The proposed amendments only apply to licensed social workers and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. Licensees may work in a small number of local governments; however, the proposed amendments would not directly affect local governments.

small businesses:

The proposed amendments only apply to licensed social workers and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

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

The proposed amendments only apply to licensed social workers and applicants for licensure in those classifications. The Division anticipates no costs or savings for affected persons associated with the proposed amendments since the amendments only involve a clarification, renumbering and the deletion of a date that has now passed.

Compliance costs for affected persons:

The proposed amendments only apply to licensed social workers and applicants for licensure in those classifications. The Division anticipates no costs or savings for affected persons associated with the proposed amendments since the amendments only involve a clarification, renumbering and the deletion of a date that has now passed.

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

This rule filing more clearly states that the required clinical experience for an LCSW license must be completed while licensed as a certified social worker (CSW). In another provision, it removes a date that has passed and is now unnecessary. No fiscal impact to businesses is anticipated by such clarifying amendments.

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
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 roborn@utah.gov

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:

02/03/2011

Interested persons may attend a public hearing regarding this rule:

• 02/03/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

02/10/2011

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.

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) 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) be completed over a duration of not less than two years;

(3) be completed while licensed as a CSW;

([3]4) be completed while the CSW is an employee of a public or private agency engaged in mental health therapy;

([4]5) be completed under a program of general supervision by an LCSW meeting the requirements of Sections R156-60a-302e and R156-60a-601; and

([5]6) include the following training requirements:

(a) individual, family, and group therapy;

(b) crisis intervention;

(c) intermediate treatment; and

(d) long term treatment.

 

R156-60a-304. Continuing Education.

(1) Required Hours. In accordance with Subsection 58-60-105(1) and Section 58-60-205.5, during each two year renewal cycle commencing on October 1 of each even numbered year:

(a) An LCSW shall be required to complete not fewer than 40 hours of continuing education. [Beginning October 1, 2010, a]A minimum of three of the 40 hours shall be completed in ethics and/or law.

(b) [Beginning October 1, 2010, a]An SSW shall be required to complete not fewer than 20 hours of continuing education of which a minimum of three contact hours shall be completed in ethics and/or law.

(c) The required number of hours of continuing education for an individual who first becomes licensed during the two year renewal cycle shall be decreased in a pro-rata amount.

(d) The Division may defer or waive the continuing education requirements as provided in Section R156-1-308d.

(2) A continuing education course shall meet the following standards:

(a) Time. Each hour of continuing education course credit shall consist of not fewer than 50 minutes of education. Licensees shall only receive credit for lecturing or instructing the same course up to two times. Licensees shall receive one hour of continuing education for every one hour of time spent lecturing or instructing a continuing education course;

(b) Course Content and Type. A course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the course;

(i) The content of the course shall be relevant to the practice of social work and shall be completed in the form of any of the following course types:

(A) seminar;

(B) lecture;

(C) conference;

(D) training session;

(E) webinar;

(F) internet course;

(G) distance learning course;

(H) specialty certification; or

(I) lecturing or instructing of a continuing education course;

(ii) The following limits apply to the number of hours recognized in the following course types during a two year license renewal cycle:

(A) a maximum of ten hours for lecturing or instructing of continuing education courses meeting these requirements; and

(B) a maximum of 15 hours for online, distance learning, or home study courses that include examination and issuance of a completion certificate;

(c) Course Provider or Sponsor. The course shall be approved by, conducted by, or under the sponsorship of one of the following:

(i) a recognized accredited college or university;

(ii) a community mental health agency or entity providing mental health services under the auspices of the State of Utah;

(iii) a professional association or society involved in the practice of social work; or

(iv) the Division of Occupational and Professional Licensing;

(d) Objectives. The learning objectives of the course shall be clearly stated in course material;

(e) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training and experience;

(f) Documentation. Each licensee shall maintain adequate documentation as proof of compliance with this Section, such as a certificate of completion, school transcript, course description, or other course materials. The licensee shall retain this proof for a period of three years after the end of the renewal cycle for which the continuing education is due; and

(i) At a minimum, the documentation shall contain the following:

(A) date of the course;

(B) name of the course provider;

(C) name of the instructor;

(D) course title;

(E) number of hours of continuing education credit; and

(F) course objectives.

(3) Extra Hours of Continuing Education. If a licensee completes more than the required number of hours of continuing education during a two year renewal cycle specified in Subsection (1), up to ten hours of the excess over the required number may be carried over to the next two year renewal cycle. No education received prior to a license being granted may be carried forward to apply towards the continuing education required after the license is granted.

 

KEY: licensing, social workers

Date of Enactment or Last Substantive Amendment: [July 8, 2010]2011

Notice of Continuation: August 31, 2009

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