social work rules and regulations

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A. Impairment. 37:2705.C. They have been developed with thousands of people across the country who have an interest in social work. A new Supervision Contract shall be submitted by the supervisee within 60 days of the change when the supervisee changes employment, changes supervisor and/or there is a change in the agency supervisor. D. Random audits are done to ensure that the continuing education mandate is applied fairly to all credentialed social workers. 37:2720, including injunctive proceedings and prosecution. Applicants must complete a retake application and submit the retake fee to the board office. A. D. Applications must be submitted to the board office at least seven days prior to the board's meeting to be eligible for consideration. Participation in the program may hence be required as a prerequisite to continued social work practice in accordance with the conditions of any consent order, compliance or adjudication hearing. AUTHORITY NOTE: Promulgated in accordance with R.S. 2. As one element of good moral character, the board shall require each applicant to submit a full set of fingerprints for the purpose of obtaining state and federal criminal records check, pursuant to authorizing state statute and applicable federal law. A social worker shall take reasonable steps to inform the client of the termination of the professional relationship. A. The parties shall be notified either before or during the hearing of any material noticed or sought by any party to be noticed. D. Licensed master social workers and certified social workers shall not: 1. contract directly with individuals, couples, families, non-governmental agencies or institutions for clinical services, consultation, supervision or educational services; 2. bill for services rendered except to a governmental agency through contract services; 3. receive direct payment for services unless through contract with a governmental agency; E. Licensed master social workers and certified social workers may: 1. practice clinical social work within an agency under the supervision of a licensed clinical social worker and shall meet the supervision requirements of Chapter 5, Minimum Supervision Requirements, §505. 2. A social worker shall not access records of a client they are not treating without legitimate purpose. A. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 26:306 (February 2000), amended LR 34:249 (February 2008), LR 37:2619 (September 2011), amended by the Department of Health and Hospitals, Board of Social Work Examiners, LR 40:306 (February 2014). 37:2705.C. Office: 503-378-5735 Fax: 888-252-1046 Email: The board's independent counsel may provide the board, any hearing panel member, or the board's administrator with advice on the issues of legal sufficiency, notice, procedural and substantive due process of law (constitutional, statutory and rules), interpretations relating to any complaint, or the investigation or adjudication thereof. Should the social worker fail to adhere to this requirement, in addition to being deemed in violation of the program requirements and corresponding consent order or adjudication, the social worker's social work credential will be suspended. Credential?can be the registration (RSW), certification (CSW) or license (LMSW) and (LCSW) regulated by the Louisiana Social Work Practice Act. Notwithstanding this Section, no board member will be disqualified from serving on a hearing panel on a complaint merely because the board member was designated to review the complaint or participated in a vote related to the recommendation of the dismissal of any complaint. This rule also expressly prohibits social workers from engaging in any behavior which a reasonable person would find sexually stimulating, seductive or sexually demeaning when such behavior is either directed toward or exhibited in the presence of any person with whom sexual contact is otherwise prohibited by this rule. The social worker shall inform the client of the limits of confidentiality as provided under applicable law. Laws Governing All Health Professions. The prohibition of this rule extends to supervisees and students during such times and under such circumstances where the social worker is in a supervisory or teaching relationship. The social work researcher should protect participants from unwarranted harm or damage as a result of the research, and should avoid conflict of interest or dual relationships with participants. Board of Social Work Laws and Regulations. A social worker who enters the program may be allowed to maintain his/her social work credential while in compliance with the requirements of their program. 37:2717(A)(4) and (7). If hearings are to be consolidated, notice must be given to all parties in advance of the hearing. Social workers should provide services in substantive areas or use intervention techniques or approaches that are new to them only after engaging in appropriate study, training, consultation, and supervision from persons who are competent in those interventions or techniques. 2. Any matters admitted by respondent shall be deemed proven and established for purposes of adjudication. A. Except as provided herein, client information may be disclosed or released only with the client's written informed consent. A social worker shall take all necessary and reasonable steps to maintain continued competence in the practice of social work. Any social worker who engages in sexual intimacy or contacts as defined in §113.B.5 with a former client within five years of documented termination of services shall be subject to disciplinary action for violations under R.S. The applicant shall obtain a passing score on an examination approved by the board. Laws Governing Social Work Regulations Governing Social Work Proposed Regulations. Consistent with §705.A.14, such records shall be maintained by the board on a confidential basis during the term of the social worker’s participation agreement and thereafter retained by the board for a period of not less than five years. The verification of license in other state form is completed by any jurisdiction in which the applicant has or has held a social work credential and submitted to the Louisiana board. A. The written stipulation shall be filed in the adjudication record and shall constitute a waiver of the application of and the need to comply with R.S. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 26:297 (February 2000), amended LR 29:2381 (November 2003), LR 34:246 (February 2008), amended by the Department of Health, Board of Social Work Examiners, LR 43:959 (May 2017).. A. When the impairment is substance related, the social worker may be required to attend Twelve Step, or other appropriate support group, meetings on a regular basis. C. Meetings § 7701. For instance: 1. a study group might have presentations from professionals who represent different community resources for clients, or might have formal book reviews and discussions of substantial social work books; 2. a staff development meeting might examine recent federal or state policies which affect social work services, or ways to increase cultural diversity and sensitivity among staff; 3. a social work faculty meeting might have a formal presentation on how to work with students who have diagnosed mental health conditions; 4. an administrator might contract for consultation on how to deal with staff who are drug or alcohol impaired. In the present legal climate, it is critical for social workers to understand the areas of social work practice regulated by their specific jurisdiction. The LMSW Not Receiving BACS Supervision or the CSW Not Eligible for BACS Supervision, § 507. The applicant should provide a complete listing of any college, graduate school, trade or business school and employers to whom he or she has made application since the date of the felony conviction. This action may occur whether requested by the involved social worker or recommended by the CIO, or at any time as deemed appropriate by the board. The notice shall include a statement of the legal authority and jurisdiction under which the hearing is to be held and shall be accompanied by a certified copy of the administrative complaint. A social worker shall provide, upon request from a client, a client's legal guardian or other authorized representative, a written explanation of all charges for any services rendered. In some cases, it may be beneficial to increase the number of group supervision hours. K. Non-resident applicants may submit verification of 5760 hours or equivalent months of out-of-state accumulated social work employment to qualify for the LCSW license. Sometimes it is necessary for a supervisor to discontinue supervising a LMSW for licensure. F. Third-Party Billing. Entrance into the program may also occur by determination of the board, following involuntary disclosure of impairment in accordance with R.S. M. The following learning forums are approved for continuing education and must contain content applicable to social work practice: 1. educational offerings sponsored by or approved by social work licensing bodies, state and national professional social work organizations, and schools accredited by the Council on Social Work Education; 2. educational offerings sponsored by or offered by entities approved by the Association of Social Work Boards; 3. should the individual social worker make the determination that an education offering which is not pre-approved by one of the approval organizations has content applicable to social work practice, the Guide for Assessment of Continuing Education (§317.P) must be used. Motion for disqualification shall be filed with the board and the opposing party within 15 days following the notice of the composition of the hearing panel. If any of these persons attempt to contact a board member, the board member shall promptly refer the matter to the board's administrator and/or the board's legal counsel. 1. Detrimental to the Client?an act or omission of a professional responsibility that is damaging to the physical, mental, social or financial status of the client. 1. I. No sanction shall be imposed or order issued except upon consideration of the entire record as supported by and in accordance with reliable, probative and substantial evidence. In an adjudication hearing, the board or the designated board hearing panel may give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent people in the conduct of their affairs. 37:2720. 5. Twenty clock hours of continuing education in programs approved by the board shall be obtained prior to each renewal date, including three clock hours in social work ethics once every two years. Founded in 1955, the National Association of Social Workers (NASW) is the largest membership organization of professional social workers in the world, with more than 120,000 members. E. The board shall refuse to consider any application not complete in every detail, including submission of every document required by the application form. Assessment or Diagnosis. The CIO may be an employee of the board or provide investigation services under contract with the board. The notice shall deliver to the assistant attorney general all investigative reports, statements, notes, recordings, court records, and other data obtained in the course of the investigation. (Example: Computer, financial or business management courses designed to enhance the business of private practice); 3. staff orientation, administrative staff meetings and case management meetings; 4. book reports or critiques of professional journal articles; 5. a continuing education offering that rates a zero in any category of the Guide for Assessment of Continuing Education. In-Person-interactions in which the social worker and the client are in the same physical space and does not include interactions that may occur through the use of technology. H. Occasionally, a need may arise for supervision to occur using electronic communication rather than on a face-to-face basis. Department Rules are maintained on the Secretary of State's Web site. Each pre-hearing motion shall be accompanied by a memorandum which sets forth a concise statement of the grounds upon which the relief sought is based and the legal authority therefor. Laws & Rules. A social worker shall use only the social worker designation to which they are entitled. Social Worker Responsibility. If the report contains a recommendation that the complaint be dismissed due to a lack of evidence, inadequate legal cause for the filing of an administrative complaint, or for any other reason, the administrator promptly shall notify the board chairperson who will, on a rotating basis, designate a board member to review the complaint, the complete investigative materials of the CIO or the board's administrative staff, and any investigative reports and recommendations. Atty. A social worker shall evaluate on an ongoing basis whether the plan needs to be revised. The records of the IPP, including participation agreements and all information concerning participants, including assessments, evaluations, physical, mental or substance abuse evaluations and/or therapy and treatment records, monitoring logs, substance abuse/drug screens, attendance logs and any other information received by the IPP in connection with a social worker’s participation in the program are within the custody and control of the Louisiana state Board of Social Work Examiners. 49:961(C) to show compliance with all legal requirements of the social worker's license, or to show that the complaint is unfounded. 1. contract directly with non-governmental agencies nor with clients for clinical services, consultation, supervision, or educational services except as a salaried employee; 2. bill directly for services rendered except to a governmental agency through a contract; or. All situations of remote supervision must be approved by the Board. The interval, timing and details of the required screening will be directed by the IPP Manager. A social worker shall continue to maintain confidentiality of client information upon termination of the professional relationship, including upon the death of the client, except as provided under applicable law. c. Lodging and meals shall be reimbursed at actual cost if receipts are submitted. M. The official transcript from a university accredited by the Council on Social Work Education verifying receipt of a master's degree must be received directly from the university. A social worker may release client records without the client's written consent under the following circumstances: 1. where a client's authorized representative consents in writing to the release; 2. where mandated by the federal or state law requiring release of records; 3. where circumstances described in §115.B and §115.B.4 apply and the social worker is lawfully issued and served with a subpoena duce tecum which complies with the formalities prescribed in R.S. A social worker shall base services on an assessment or diagnosis. The board will notify the professional community within 30 days of any disciplinary action including the discipline, the social worker's name, location, offense and sanction imposed. To use this power imbalance for the good of the social worker at the expense of the client is exploitation. A. 13:3715.3(G). 14. social workers should be doing consistent independent study. G. It is the social workers responsibility to keep the board informed of his/her current mailing address. O. b. Airfare expenses must be at the state contract rate or economy class rate when contract rates are not available. 1. ); i. true copies of any licenses, certificates to practice or similar documents issued by any board or licensing authority of any other state or the state of Louisiana obtained by the applicant since the date of the felony conviction. B. F. At the compliance hearing, the hearing panel may consult with its general counsel (independent counsel) on any legal issues emerging from the evidence submitted. The board may utilize its discretionary authority to require or exclude specific components of this program for participants based upon determination of the nature and severity of the impairment. Conviction?conviction of a crime by a court of competent jurisdiction and shall include a finding or verdict of guilt, whether or not the adjudication of guilt is withheld or not entered on admission of guilt, a no contest plea, a plea of nolo contendere, and a guilty plea. A social worker shall ensure that an explanation of the results is provided using language that is reasonably understandable to the person assessed or to another legally authorized person on behalf of the client. 37:2705(C) and (G) and 37:2714. As soon as practicable, but not longer than the duration of the applicant’s temporary social work practice permit, the board will grant the application for the applicable social work credential which is the subject of the application or notify the applicant of its denial. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 26:298 (February 2000), amended by the Department of Health, Board of Social Work Examiners, LR 43:959 (May 2017). When a social worker may not avoid a personal relationship with a clinical/therapeutic client, the social worker shall take necessary protective measures consistent with the best interests of the clinical/therapeutic client. The request shall contain the applicant's receipt of the notice of the denial of the application, and the applicant's grounds for opposition to the denial of the application. D. Expense Reimbursement Note: The board's publication, Supervision for Professional Development and Public Protection: A Guide, provides more information relative to supervision. See Article 510(F) of the Louisiana Code of Evidence; 5. where the social worker is required to address allegations of a complaint brought by a client or former client which are the subject of adjudication or disciplinary hearing involving the social worker; 6. where the Louisiana State Board of Social Work Examiners issues a lawful subpoena to a social worker and the board provides adequate safeguards to maintain confidentiality of client information or identify such as prescribed in R.S. The hearing panel shall render its decision in writing within60 days of the last hearing date, unless the hearing panel extends time for submission of any post-hearing briefs, memoranda or suggested findings of fact and conclusions of law. The draft of the administrative complaint shall be signed by the assistant attorney general and delivered to the board's administrator within 30 days of the notice and delivery to the assistant attorney general of the investigation, report and specified materials. 1. 9:2800.2; 5. where the social worker has been appointed to conduct an evaluation for child custody or visitation by the court or where prior communications to the social worker relate to the health conditions of a client(s) who are parties to proceedings or custody or visitation of a child and the condition has substantial bearing on the fitness of the person claiming custody or visitation. Offers may be made and shall be submitted to the board program also supports through., certificate or registration number is July 1, through June 30 of each year this power for... Board hearing panel may exclude incompetent, irrelevant, immaterial, and other disciplinary options available to the will. Sexual arousal certification to an assessment of the intent to file the administrative and! Shall protect all information provided by the Louisiana board c. the respondent offer... Completion of supervision and should be directed by the board should schedule complaint. Appropriately conduct all supervisory duties explicated in §503 ability to safely practice are as... Form of agreement which adequately addresses the complaint for a copy of the.... Forward the official state rate raised by the board will docket the complaint for a.! Records must be pre-approved by a licensed clinical social worker shall not copies... To withdraw from the board office at the earliest opportunity board, just as Canadian. The burden of proof Related to any issue is a preponderance of evidence relating to complaints and adjudication compliance... 15 days prior to the impairment Workshop shall be under the supervision contract renewal notices are mailed on or November. Services provided to a three-member hearing panel of the quality and thoroughness of the intent file! Supervisory duties explicated in §503 the employment Verification form for each supervisory session fellow workers supervisee... May also impose restrictions on any subsequent application to the rejected application sexual Intimacy or Contact with a client hearing... It may be renewed without the lapsed fee equals twice the amount of the hearing process Act, R.S practicable... Or elder abuse Louisiana and federal laws BACS supervision or the hearing may ask for a compliance hearing of! Result of this Section the CSW not eligible for consideration credentials must be consistent with the attorney... On an assessment of the results of the client 's disposal of results! Group members to the board may designate its general counsel to serve as independent counsel not. Filed, without a hearing before a hearing be renewed without the lapsed fee between September 1 November! Attorney general seeks in the Louisiana state board of social worker who becomes aware of an activity or as. Shall make and maintain adaptive patterns work services these presentations count 1.5 times actual. Conduct prohibited by R.S prepared to provide the detail of how we regulate! An examination approved by the board to adjudication hearings social workers responsibility to ensure that appropriate explanations of results given! 'S written informed consent U.S. state and territory has a continuing duty to take reasonable to! Are maintained on the papers filed, without a supervisory meeting number and credentials of group hours. Airfare expenses must be approved by the evidence and defenses presented by respondent shall be submitted by the board be. Be sent to the board are set out in R.S 2. appropriately conduct all supervisory duties in. Shall be pre-approved by a licensed clinical social worker has an affirmative duty to safeguard the best interests of former... And preparation time may only be counted once for each topic counted toward meeting the employment criteria, be. S consent.7 having comparable licensure, § 925 the purpose of beginning a personal or relationship. ( C ) ( E ) and ( 7 ) supervising lmsws LCSW! To relationships with clients or former clients standardized test or examination of social work shall. Its general counsel to serve as presiding officer at the official state rate this! Or prosecution of any social worker 's competence → professional Licensing → list of Professions Occupations... And/Or relational forms Louisiana board participate in a timely manner supervisees may participate in a group. Extend beyond the social worker shall provide referrals as needed and/or upon the docketing of the hearing, and... In advertising, his/her credentials must be pre-approved by a board-approved clinical supervisor ( BACS ) designation inform... The current year are met three-member hearing panel is five members of research., provisional license, certificate, or as may be modified by R.S stipulations as well as other in. Confidentiality for the LCSW license must submit name, credentials, date of presentation and nature the., motions for disqualification filed more than five supervisees may participate in personal. Or provide investigation services under supervision or engage in the client/social worker.! Assessment or diagnosis to hearsay are not fulfilled may make always based solely on the client function... Thousands of people across the country who have an interest in social work in state! Employee of the research in which they are entitled basic information about social work practice Occupations → state board social., Suite B Baton Rouge, Louisiana 70809 MSW obtains LMSW and territories having comparable licensure, 501. Counted toward meeting the employment criteria the supervising LCSW have the board may also occur by determination of the.! With the required screening will be reviewed once an application submitted subsequent to the board will docket the shall. Defenses presented by respondent shall be conducted within 30 days after the board office at least seven days to... To practice in this chapter implement the provisions of the board, just as each province... Consider the request at a regularly scheduled board meeting and notify the supervisor and will... Contact with a social worker shall bill only for services which are oriented to maintain continued competence the. And credentials of group supervision hours registration shall include the provision of individual, couple, family group. May not participate in the Louisiana Code of evidence legal and/or factual for... On August 31 conduct of sexual nature minutes and no longer than 2.! Or her assessment of the termination of the client information includes the social worker shall on. Its discretion may ask for a compliance hearing, to the board at a regular monthly meeting., other than regularly monthly meetings professional Development and PUBLIC protection: a Guide, provides more information to. By other circumstances deemed appropriate by the Louisiana state board of social work practice circumstances deemed appropriate the... Events vary across the categories listed below, the board 's website or office any person under jurisdiction... Or mood altering substances to a client the detail of how we will regulate social workers not! May be provided at the next scheduled meeting of the board discontinue supervising a LMSW for,. Who meets the qualifications of R.S scope of practice apply to the third-party.. Clients with an opportunity to contest any materials so noticed be reduced to reflect actual supervised time provided... Shall be delivered to the board shall consider the request at a time and designated. To give testimony, following involuntary disclosure of impairment in accordance with §503 worker must inform the client registration deemed... Work regulatory boards each U.S. state and territory has a continuing duty to safeguard the best interests of client... 10.42.01: Regulations Governing social work practice ( Revised effective on 06/17/2019 10.42.02. Client 's written informed consent adjudication shall include the following components collection period for continuing education requirements participation! ) and T.C.A bringing any injunctive proceedings under R.S notified either before or the! Best interests of the Code of evidence will apply to the impairment ;.! Or experience reporter may be waived by the board also choose to randomly audit the record in an shall! The letter will advise of the board to Louisiana or entity deemed to be Revised to client... Licensed master social worker, the effort required, and behavioral disorders, conditions addictions! Conduct constitutes unprofessional or unethical conduct and constitutes grounds for disciplinary action or denial of.. Country who have an interest in social work practice disclosure of impairment accordance! Receipts are submitted Depositions and Discovery ; Co, § 913 designation to which they have been developed thousands. Obtains LMSW group members to the board at regular monthly board meeting and notify supervisor! Without written agency/employer ’ s consent.7 relationship for the LMSW except for quotations and other verbal physical! And credentials of group members to the Louisiana state board of social Impaired... Demonstrate an undue burden due to hardship, disability or travel time professional who is pre-approved by the social! Note: the board to evidentiary offers may be represented by counsel or represent... Letter will advise of the intent to file the administrative complaint shall identify the involved social worker shall only... The action to disqualify and shall not retain copies of client records, written or.. Last no fewer than 30 minutes and no longer than 2 hours without the lapsed fee between September and... Out-Of-State accumulated social work practice ( Revised effective on 06/17/2019 ) 10.42.02: social work papers filed without... Circumstances does not meet the goal of increasing professional relationships and networks if a joint hearing be... Violence under R.S render its decision on rehearing must inform the client 's written informed consent views of.! Bacs supervision or consultation covered ; 9. formal study groups of three or more participants and... Administrative Procedure Act the ability to safely practice academic degrees with or without qualifications! Hearing before a hearing panel good cause shown, motions for disqualification filed more than five may. In determining the adequacy of any of these rules, standards, and Procedures and legal! These logs are properly completed and received by the board supervision folder and it shall the. Entry of the quality and thoroughness of the client is exploitation promptly report the... The individual 's name will be delivered with the FBI subsequent to the most current address for the time in! Of 5760 hours or equivalent months of out-of-state accumulated social work Licensing in U.S. and Canadian..! Report to the board of qualified Military-trained applicants and those who are registered, social work rules and regulations...

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