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[Utah Administrative Code Table of Contents]
[Title R156. Table of Contents]
R156-60a-101 Title.
These rules are known as the "Social Worker Licensing Act Rules".
R156-60a-102 Definitions.
In addition to the definitions in Title 58, Chapters 1 and 60, as used in Title 58, Chapters 1 and 60, or these rules:
(1) "AASSWB" means the American Association of State Social Work Boards."
(2) "CSW" means a licensed certified social worker.
(3) "Clinical social work concentration and practicum", "clinical concentration and practicum" "case work", "group work", or "family treatment course sequence with a clinical practicum", "clinical practicum" or "practicum", as used in Subsections 58-60-205 (1)(g) and (2)(d)(ii), means a track of professional education which is specifically established to prepare an individual to practice or engage in mental health therapy.
(4) "LCSW" means a licensed clinical social worker.
(5) "SSW" means a licensed social service worker.
(6) "Supervised practice of mental health therapy by a clinical social worker", as used in Subsection 58-60-202 (3)(a), means that the CSW is supervised by a LCSW meeting the requirements of Sections R156-60a-302e and R156-60a-601.
R156-60a-103 Authority - Purpose.
These rules are adopted by the division under the authority of Subsection 58-1-106 (1) to enable the division to administer Title 58, Chapter 60.
R156-60a-104 Organization - Relationship to Rule R156-1.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.
R156-60a-302a Education Requirements for Licensure as a SSW.
In accordance with Subsection 58-60-205 (3)(d)(ii), a master's degree qualifying an applicant for licensure as a SSW shall be in a field of social work, psychology, marriage and family therapy, or professional counseling.
R156-60a-302b Experience Requirements for Licensure as a SSW.
In accordance with Subsection 58-60-205 (3)(d)(iii) and (iv), the 2000 hours of supervised social work activity or the one year of qualifying experience for licensure as a SSW shall:
(1) be performed as an employee of an agency providing social work services and activities; and
(2) be performed according to a written social work job description approved by the LCSW or CSW supervisor.
R156-60a-302c Training Requirements for Licensure as a LCSW.
In accordance with Subsections 58-60-205 (1)(d),(e),(f) and (g), and 58-60-202 (3)(a), the 4000 hours of clinical social work and mental health therapy training qualifying an applicant for licensure as a LCSW shall:
(1) be obtained after completion of the education requirement set forth in Subsections 58-60-205 (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 the CSW is an employee of a public or private agency engaged in mental health therapy;
(4) be completed under a program of supervision by a LCSW meeting the requirements of Sections R156-60a-302e and R156-60a-601; and
(5) include the following training requirements:
(a) individual, family, and group therapy;
(b) crisis intervention;
(c) intermediate treatment; and
(d) long term treatment.
R156-60a-302d Examination Requirements.
(1) In accordance with Subsection 58-60-205 (1)(h), the examination requirements for licensure as a LCSW include passing the Clinical Examination of the AASSWB 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 Intermediate, Advanced, or Clinical Examination of the AASSWB.
(3) In accordance with Subsection 58-60-205 (3)(e), the examination requirements for licensure as a SSW shall include passing the Basic Examination of the AASSWB.
(4) In accordance with Section 58-1-309 , all applicants for licensure as a SSW, CSW and LCSW shall pass the Utah Social Work Law, Rules and Ethics Examination with a passing score of 75%.
R156-60a-302e Requirements to Become a LCSW Supervisor.
In accordance with Subsections 58-60-202 (2)(c), 58-60-202 (3)(a) and 58-60-205 (1)(e) and (f), in order for an LCSW to supervise a CSW, the LCSW shall:
(1) be currently licensed in good standing as a LCSW; and
(2) have engaged in active practice as a LCSW, including mental health therapy, for a period of not less than two years prior to supervising a CSW.
R156-60a-303 Renewal Cycle - Procedures.
(1) In accordance with Subsection 58-1-308 (1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 60, is established by rule in Section R156-1-308.
(2) Renewal procedures shall be in accordance with Section R156-1-308.
R156-60a-304 Continuing Education Requirements for LCSW.
In accordance with Subsection 58-60-105 (1), the continuing education requirements for LCSWs are defined, clarified and established as follows:
(1) During each two year period commencing January 1st of each even numbered year, a LCSW shall be required to complete not less than 40 hours of continuing education.
(2) The required number of hours of continuing education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.
(3) Continuing education under this section shall:
(a) be relevant to the licensee's professional practice;
(b) be prepared and presented by individuals who are qualified by education, training, and experience to provide social work continuing education; and
(c) have a method of verification of attendance.
(4) Credit for continuing education shall be recognized in accordance with the following:
(a) unlimited hours shall be recognized for continuing education completed in blocks of time of not less than 50 minutes in formally established classroom courses, seminars, lectures, conferences, or training sessions which meet the criteria listed in Subsection (3) above, and which are approved by, conducted by or under sponsorship of:
(i) the National Association of Social Workers;
(ii) community mental health agencies or entities providing mental health services under the auspices of the State of Utah;
(iii) recognized universities and colleges; and
(iv) professional associations, societies and organizations representing a licensed profession whose program objectives relate to the practice of social work; and
(b) a maximum of ten hours per two year period may be recognized for teaching continuing education relevant to clinical social work or mental health therapy; and
(c) a maximum of six hours per two year period may be recognized for continuing education that is provided via Internet or through home study which meets the criteria listed in Subsection (3) above.
(5) A licensee is responsible to complete relevant continuing education, to document completion of the continuing education, and to maintain the records of the continuing education completed for a period of four years after close of the two year period to which the records pertain.
(6) A licensee who documents he is engaged in full time activities or is subjected to circumstances which prevent that licensee from meeting the continuing education requirements established under this section may be excused from the requirement for a period of up to three years. However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.
R156-60a-308 Reinstatement of a LCSW License which has Expired Beyond Two Years.
In accordance with Subsection 58-1-308 (6) and Section R156-1-308e, an applicant for reinstatement for licensure as a LCSW, whose license expired after two years following the expiration of that license, shall:
(1) upon request, meet with the board to evaluate the applicant's ability to safely and competently practice clinical social work and mental health therapy;
(2) upon recommendation of the board, establish a plan of supervision under an approved supervisor which may include up to 4000 hours of clinical social work and mental health therapy training as a CSW before qualifying for reinstatement of the LCSW license;
(3) pass the Utah Social Work Law, Rules and Ethics Examination with a passing score of 75%;
(4) pass the Clinical Examination of the AASSWB if it is determined by the board that examination or reexamination is necessary to demonstrate the applicant's ability to safely and competently practice clinical social work and mental health therapy; and
(5) complete a minimum of 40 hours of continuing education in subjects determined by the board as necessary to ensure the applicant's ability to safely and competently practice clinical social work and mental health therapy.
R156-60a-309 Exemption from Licensure Clarified.
The exemption specified in Subsection 58-60-107 (5) does not permit an individual to engage in the 4000 hours of clinical social work and mental health therapy training without first becoming licensed as a CSW.
R156-60a-502 Unprofessional Conduct.
"Unprofessional conduct" includes:
(1) using the abbreviated title of LCSW unless licensed as a LCSW;
(2) using the abbreviated title of CSW unless licensed as a CSW;
(3) using the abbreviated title of SSW unless licensed as a SSW;
(4) acting as a supervisor or accepting supervision of a supervisor without complying with or ensuring the compliance with the requirements of Sections R156-60a-302d and R156-60a-601.
(5) engaging in the supervised practice of mental health therapy as a licensed CSW unless:
(a) the licensee has completed a clinical practicum as part of the Council on Social Work Education (CSWE) accredited master's degree program; and
(b) the scope of practice is otherwise within the licensee's competency, abilities and education;
(6) engaging in the supervised practice of mental health therapy when not in compliance with Subsections R156-60a-302c(4) and R156-60a-601(7);
(7) engaging in or aiding or abetting conduct or practices which are dishonest, deceptive or fraudulent;
(8) engaging in or aiding or abetting deceptive or fraudulent billing practices;
(9) failing to establish and maintain professional boundaries with a client or former client;
(10) engaging in dual or multiple relationships with a client or former client in which there is a risk of or potential harm to the client;
(11) engaging in sexual activities or sexual contact with a client with or without client consent;
(12) engaging in sexual activities or sexual contact with a former client within two years of documented termination of services when there is no risk of exploitation or potential harm to the client;
(13) engaging in sexual activities or sexual contact with client's relatives or other individuals with whom the client maintains a personal relationship when there is a risk of exploitation or potential harm to the client;
(14) embracing, massaging, cuddling, caressing, or performing any other act of physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact;
(15) engaging in or aiding or abetting sexual harassment or any conduct which is exploitive or abusive with respect to a student, trainee, employee, or colleague with whom the licensee has supervisory or management responsibility;
(16) failing to exercise professional discretion and impartial judgement required for the performance of professional activities, duties and functions;
(17) failing to render impartial, objective, and informed services, recommendations or opinions with respect to custodial or parental rights, divorce, domestic relationships, adoptions, sanity, competency, mental health or any other determination concerning an individual's civil or legal rights;
(18) exploiting a client or former client for personal gain;
(19) exploiting a person who has a personal relationship with a client for personal gain;
(20) failing to maintain client records including records of assessment, treatment, progress notes and billing information for a period of not less than ten years from the documented termination of services to the client;
(21) failing to provide client records in a reasonable time upon written request of the client, or legal guardian;
(22) failing to obtain informed consent from the client or legal guardian before taping, recording or permitting third party observations of client activities or records;
(23) failing to protect the confidences of other persons named or contained in the client records; and
(24) failing to abide by the provisions of the Code of Ethics of the National Association of Social Workers (NASW) as adopted by the Delegate Assembly of August 1996, which is adopted and incorporated by reference.
R156-60a-601 Duties and Responsibilities of a LCSW Supervisor.
The duties and responsibilities of a LCSW supervisor, are further defined, clarified or established as follows:
(1) be professionally responsible for the acts and practices of the CSW;
(2) be engaged in a relationship with the CSW in which the supervisor is independent from control by the CSW and in which the ability of the supervisor to supervise and direct the practice of the CSW or is not compromised;
(3) be available for advice, consultation, and direction consistent with the standards and ethics of the profession;
(4) provide periodic review of the client records assigned to the CSW;
(5) comply with the confidentiality requirements of Section 58-60-114 ;
(6) monitor the performance of the CSW for compliance with laws, rules, standards and ethics applicable to the practice of social work;
(7) supervise only a CSW who is an employee of a public or private mental health agency;
(8) supervise not more than three individuals who are lawfully engaged in mental health therapy training, unless otherwise approved by the board;
(9) not begin supervision of a CSW until having met the requirements of Section R156-60a-302e; and
(10) in accordance with Subsections 58-60-205 (1)(e) and (f), submit to the division on forms made available by the division:
(a) documentation of the training hours completed by the CSW; and
(b) an evaluation of the CSW, with respect to the quality of the work performed and the competency of the CSW to practice clinical social work and mental health therapy.
R156-60a-602 Supervision - Scope of Practice - SSW.
In accordance with Subsections 58-60-202 (4) and (5), supervision and scope of practice of a SSW is further defined, clarified and established as follows:
(1) supervision of an SSW by a licensed mental health therapist is only required where mental health therapy services are provided; and
(2) the scope of practice of the SSW shall be in accordance with a written social work job description approved by the licensed mental health therapy supervisor, except that the SSW may not engage in the supervised or unsupervised practice of mental health therapy.
[Indexing]
KEY: licensing, social workers
July 19, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
58-60-201
58-1-106
(1)
58-1-202
(1)
Notice of Continuation November 15, 1999
