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DEPARTMENT OF HEALTH
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Health, pursuant to the authority set forth under § 302(14) of the District of Columbia Health Occupation Revision Act of 1985 (Act), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02 (14) (2007 Repl.)), and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of his intent to take final rulemaking action to adopt the following amendments to Chapter 70 of Title 17 of the District of Columbia Municipal Regulations (DCMR) in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
The purpose of the amendments is to clarify the requirements for supervision of social work students: to clarify the continuing education requirements and approved continuing education activities; to correct a typographical error in § 7010 in which references to § 7009.6 were intended to reference § 7009.3; to include the random audit provisions, to clarify that holders of expired licenses must reinstatement the license as opposed to applying for a new license if the license is still eligible for reinstatement; to limit the time period in which the board will accept supervised practice hours; to remove the provisions related to the supervised practice of students; to clarify the supervised practice requirements; and to clarify that all first time renewal applicants are exempt from continuing education requirements.
Chapter 70, SOCIAL WORK, of title 17, BUSINESS, OCCUPATIONS, AND PROFESSIONS, is amended as follows:
Section 7000, GENERAL PROVISIONS, is amended by adding a new subsection 7000.3 to read as follows:
7000.3 All applicants for issuance, renewal, reinstatement, or reactivation of a social work license in the District of Columbia shall undergo a criminal background check in accordance with Chapter 85 of Title 17 of the District of Columbia Municipal Regulations.
Section 7001, TERM OF LICENSE, is amended by adding a new subsection 7001.2 to read as follows:
7001.2 A holder of an expired or sanctioned license under this chapter shall not be granted a new license at the same level. He or she shall only be eligible to apply for renewal or reinstatement of the license, if the license is still eligible for reinstatement or renewal, by meeting the requirements under this chapter in addition to the requirements set forth in any applicable order of the Board.
Section 7004, NATIONAL EXAMINATION, is amended as follows:
Subsection 7004.2 is amended to read as follows:
7004.2 Beginning January 1, 2013, an applicant seeking to take the Advanced (Independent clinical social worker) level of the national examination clinical examination shall have completed twelve (12) academic credits of clinical course work from an accredited program with a minimum of six (6) of the twelve (12) academic credits having been obtained in a Master's of Social Work program.
New subsections 7004.9 through 7004.11 are added to read as follows:
7004.9 The Board may require an applicant who fails to pass the examination after four (4) consecutive attempts to complete a Board approved review course prior to being approved to retake the examination.
7004.10 The Board may require an applicant who fails to pass the examination after six (6) consecutive attempts to complete an additional one (1) year of supervised practice under the supervision of a licensed independent social worker or licensed independent clinical social worker, as appropriate, prior to being approved to retake the examination.
7004.11 The Board shall not accept any review courses or supervised practice hours completed prior to the date of the last failed examination in satisfaction of the requirements set forth in § 7004.9 and 7004.10.
Section 7006, LICENSE BY EXAMINATION, is amended as follows:
Subsection 7006.3(a) is amended to read as follows:
(a) Proof satisfactory to the Board that:
(1) The applicant has completed the applicable supervised practice requirements of the Act under the supervision of a qualified supervisor as set forth under § 7013;
(2) At least one hundred (100) hours of the applicant’s three thousand (3000) hours of supervised practice was completed under the immediate face-to- face supervision of a qualified supervisor as set forth under § 7013 of this chapter; and
(3) That the three thousand (3000) hours of supervised practice were completed not more than five (5) years prior to the application date.
A new subsection 7006.8 is added to read as follows:
7006.8 An applicant for licensure by examination who has completed the required three thousand (3000) hours of supervised post-master’s or postdoctoral experience more than five (5) years prior to the application date shall be required to obtain licensure under the Act at the next lower level, for which the applicant is qualified, and complete an additional three thousand (3000) hours of supervised post-master’s or postdoctoral experience before qualifying for licensure at the licensed independent or licensed independent clinical level in the District of Columbia.
Section 7008, CONTINUING EDUCATION REQUIREMENTS, is amended as follows:
Subsections 7008.2 through 7008.12 are amended to read as follows:
7008.2 Section 7008 shall not apply to applicants for an initial District of Columbia license or to applicants for the first renewal of each licensure level.
7008.3 Continuing education credits (CEUs) may be granted only for programs or activities approved by the Board pursuant to § 7009.
7008.4 Beginning with the renewal period ending July 2013, all applicants for renewal of a license shall have completed forty (40) hours of approved continuing education credit during the two (2)-year period preceding the date the license expires, which shall include:
(a) A minimum of six (6) hours of continuing education credits in live, face-to-face ethics course(s);
(b) A minimum of three (3) hours of continuing education credits in Human Immunodeficiency Virus (HIV) training;
(c) Completion of the Mandatory DC Social Work Laws and Regulations Review Course; and
(d) A maximum of twelve (12) continuing education hours in independent home studies, distance learning continuing education activities, or internet courses.
7008.5 An applicant for renewal of a license shall:
(a) Have completed the continuing education requirements as set forth in § 7008.4 during the two (2) year period preceding the date the license expires;
(b) Attest to completion of the required continuing education credits on the renewal application form; and
(c) Be subject to a random audit.
7008.6 A licensee who is selected to participate in the Board’s continuing education audit
shall, within thirty (30) days after receiving notice of the selection, submit proof
pursuant to § 7008.13 of having completed the required approved continuing education credits during the two (2)-year period immediately preceding the date the license expires.
7008.7 To qualify for a license, an applicant in inactive status, within the meaning of § 511 of the Act ( D.C. Official Code § 3-1205.11 (2007 Repl. & 2011 Supp.)), for two (2) years or less who applies for reactivation shall submit proof of completing forty (40) hours of approved continuing education credit during the two (2) years immediately preceding the application date, which shall include:
(a) A minimum of six (6) hours of continuing education credits in live, face-to-face ethics course(s);
(b) A minimum of three (3) hours of continuing education credits in Human Immunodeficiency Virus (HIV) training; and
(c) A maximum of twelve (12) continuing education hours in independent home studies, distance learning continuing education activities, or internet courses.
7008.8 To qualify for a license, an applicant in inactive status within the meaning of § 511 of the Act ( D.C. Official Code § 3-1205.11 (200)) for more than two (2) years, but less than five (5) years, who applies for reactivation shall submit proof of completing sixty (60) hours of approved continuing education credit during the two (2) years immediately preceding the application date; which shall include:
(a) A minimum of twelve (12) hours of continuing education credits in live, face-to-face ethics course(s);
(b) A minimum of three (3) hours of continuing education credits in Human Immunodeficiency Virus (HIV) training; and
(c) A maximum of twelve (12) continuing education hours in independent home studies, distance learning continuing education activities, or internet courses.
7008.9 To qualify for a license, an applicant in inactive status within the meaning of § 511 of the Act (D.C. Official Code § 3-1205.11 (2007 Repl. & 2011 Supp.)), for more than five (5) years, who applies for reactivation shall:
(a) Submit proof of completing eighty (80) hours of approved continuing education credit during the two (2) years immediately preceding the application date; which shall include:
(1) A minimum of sixteen (16) hours of continuing education credits in live, face-to-face ethics course(s);
(2) A minimum of three (3) hours of continuing education credits in Human Immunodeficiency Virus (HIV) training; and
(3) A maximum of twelve (12) continuing education hours in independent home studies, distance learning continuing education activities, or internet courses; and
(b) A minimum of ninety (90) days, as determined by the Board based upon the applicant’s experience and education, of supervised practice under the supervision of a licensed independent social worker or licensed independent clinical social worker, as appropriate to his or her scope of duties.
7008.10 To qualify for a license, an applicant for reinstatement of a license whose license has been expired for two (2) years or less, shall submit proof of having completed a minimum of forty (40) hours of approved continuing education credit during the two (2) years immediately preceding the application date, which shall include:
(a) A minimum of six (6) hours of continuing education credits in live, face-to-face ethics course(s);
(b) A minimum of three (3) hours of continuing education credits in Human Immunodeficiency Virus (HIV) training; and
(c) A maximum of twelve (12) continuing education hours in independent home studies, distance learning continuing education activities, or internet courses.
7008.11 To qualify for a license, an applicant for reinstatement of a license whose license has been expired for more than two (2) years and less than five (5) years, shall submit proof of having completed sixty (60) hours of approved continuing education credit during the two (2) years immediately preceding the application date, which shall include:
(a) A minimum of twelve (12) hours of continuing education credits in live, face-to-face ethics course(s);
(b) A minimum of three (3) hours of continuing education credits in Human Immunodeficiency Virus (HIV) training; and
(c) A maximum of twelve (12) continuing education hours in independent home studies, distance learning continuing education activities, or internet courses.
7008.12 An applicant whose license has been expired for five (5) or more years shall not be eligible for reinstatement of licensure. The applicant shall be required to apply for a new license and shall meet the requirements as they exist at the time that the applicant applies for licensure.
New subsections 7008.13 through 7008.19 are added to read as follows:
7008.13 Except as provided in § 7008.14, an applicant under this section shall prove completion of the required continuing education credits by submitting with the application the following information with respect to each program for which continuing education credit is claimed, and shall maintain for a period of at least five (5) years the following information with respect to each program:
(a) The name and address of the sponsor of the program;
(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;
(c) The dates on which the applicant attended the program;
(d) The hours of credit claimed; and
(e) Verification by the sponsor of completion, by signature or stamp.
7008.14 Applicants for renewal of a license shall only be required to prove completion of the required continuing education credits by submitting proof pursuant to § 7008.13 if requested to do so as part of the random audit, or if otherwise requested by the Board to do so.
7008.15 An applicant for renewal of a license who fails to submit proof of having completed the continuing education requirements by the date the license expires may renew the license up to sixty (60) days after the expiration by submitting proof of completing the continuing education requirements and paying the required additional late fee.
7008.16 Upon submission of proof and payment, the applicant shall be deemed to have possessed a valid license during the period between the expiration of the license and the submission of the proof and payment.
7008.17 If an applicant for renewal of a license fails to submit proof of completion of continuing education requirements or pay the late fee within sixty (60) days after the expiration of the applicant’s license, the license shall be considered to have lapsed on the date of expiration.
7008.18 The Board may, in its discretion, grant an extension of the sixty (60) day period to renew after expiration if the applicant’s failure to submit proof of completion was for good cause.
7008.19 An applicant under this section shall prove completion of continuing education course work which was audited under § 7010.3 by submitting with the application a verification of registration from the office of the registrar of the institution at which the course was audited.
Section 7009, APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES, is amended as follows:
Subsection 7009.3 is amended to read as follows:
7009.3 The Board may approve the following independent home studies and distance learning continuing education activities:
(a) Serving as an instructor or speaker at a conference, seminar, or workshop;
(b) Publication of an article in a professional journal, publication of a book or a chapter in a book, or publication of a book review in a professional journal or bulletin;
(c) Internet courses, video courses, telecourses, videoconferences, and teleconferences offered by accredited colleges or universities, or pre-approved by local or national professional social work organizations; and
(d) Independent study programs directly related to social work approved by accredited college or university schools of social work, local or national professional social work organizations, the Association of Social Work Boards (ASWB), or the Board, and peer study groups sanctioned by local or national social work organizations.
Subsection 7009.5 is amended to read as follows:
7009.5 Independent study programs and distance learning continuing education activities, including internet courses, shall not be used to satisfy the continuing education ethics requirement.
A new subsection 7009.10 is added to read as follows:
7009.10 The Board shall not grant continuing education credits for:
(a) Work done in the course of an applicant’s normal occupation or incident to the performance of his or her regular professional duties, such as teaching, research, or course preparation in the case of a teacher or professor whether on a full-time or part-time basis;
(b) Meetings and activities not related to the practice of social work which are required as part of an applicant’s professional activities such as job orientations, and agency required administrative trainings;
(c) Individual or group supervision; or
(d) Other activities, which are not of the type of activities approved by the Board.
Section 7010, CONTINUING EDUCATION CREDITS, is amended as follows:
Subsections 7010.4 through 7010.6 are amended to read as follows:
7010.4 The Board may grant a maximum of six (6) continuing education credits per year for completing continuing education activities under § 7009.3.
7010.5 The Board may grant credit for preparation and presentation time to an applicant who serves as an instructor or speaker at an approved program under § 7009.3(a) subject to the following restrictions:
(a) The maximum amount of credit that may be granted for preparation time shall be twice the amount of the associated presentation time, not to exceed six (6) CEU’s;
(b) If an applicant has previously received a credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject; and
(c) The presentation was completed during the period for which credit is claimed.
7010.6 The Board may grant continuing education credit under § 7009.3(b) only if the applicant proves to the Board’s satisfaction that the work has been published or accepted for publication during the period for which credit is claimed.
Section 7012, SUPERVISION OF PRACTICE BY STUDENTS, APPLICANTS, AND SOCIAL WORKERS, is repealed and replaced with:
7012 SUPERVISION OF PRACTICE
7012.1 The following persons may practice under supervision:
(a) A licensed social work associate;
(b) A licensed graduate social worker; or
(c) A social worker licensed under the Act, who is obtaining the required three thousand (3000) hours of post-master’s or postdoctoral experience pursuant to § 803 or § 804 of the Act (D.C. Official Code § 3-1208.03(a) (2007 Repl.) or D.C. Official Code § 3-1208.04(a) (2007 Repl.)).
7012.2 A person who has been denied a license or disciplined, or who is the subject of a pending denial or disciplinary action, in the District or other jurisdiction shall not practice pursuant to this section unless authorized by the Board in writing to do so.
7012.3 An applicant, licensed social work associate, or licensed graduate social worker shall not establish an independent practice, and shall not receive compensation of any nature, directly or indirectly, from a patient, except for a salary based on hours worked under supervision.
7012.4 Only a supervisor, meeting the qualifications as set forth in § 7013, shall be authorized to supervise the practice of social work in the District of Columbia.
7012.5 A supervisor shall be responsible for ensuring that the individual(s) under his or her supervision is authorized to practice under supervision and may be subject to disciplinary action for supervising unlicensed or unauthorized personnel.
7012.6 An applicant or social worker shall practice social work under supervision only in accordance with the Act and this chapter.
7012.7 All supervised practice shall take place under supervision, and shall meet the following requirements:
(a) At least one (1) hour of every thirty-two (32) hours of supervised practice shall be under immediate supervision;
(b) The supervision relationship shall include daily in-person, telephone, video conference, or internet communication between supervisor and supervisee, as well as regular personal observation, evaluation, oversight, review, and correction of services provided by the supervisee;
(c) The supervisor shall have sufficient knowledge of all social work contacts of the supervisee’s social work practice, including face to face contact with the client when necessary, to develop and to monitor effective service delivery procedures and the supervisee’s treatment or service plan; and
(d) All decisions by a supervisee which require the special skill, knowledge, or training of a social worker shall be made in collaboration with and with the approval of the supervisor. Such decisions may include, but are not limited to: type, duration, effectiveness, and method of services provided; fees and billing procedures; and approval of cases.
7012.8 Where the supervisor is located off-site or practices in a different location from the supervisee for more than two (2) days a week, in addition to the requirements of this chapter, the supervisor and supervisee shall:
(a) Establish a written contract for supervision prior to initiating the supervision relationship;
(b) Maintain documentation, for at least five (5) years, of supervisory sessions including dates, duration, and focus of supervision, which shall be available for review upon request of the Board or its agent; and
(c) Be subject to auditing by the Board to ensure compliance with the supervision requirements.
7012.9 A signed copy of the supervision contract shall be maintained by both the supervisor and supervisee for the duration of the supervision relationship, and for an additional three (3) years following the termination of the supervision relationship, and shall contain the following:
(a) The names and contact information of the supervisor and supervisee;
(b) The supervision plan and process for providing written evaluation of the supervisee’s progress to the supervisee;
(c) The location(s) of supervision;
(d) Emergency supervision arrangements or planned absences by supervisor, such as when on vacation; and
(e) The signatures of the supervisor and supervisee, and date signed.
7012.10 A supervisor shall be fully responsible for the supervised practice of an applicant or social worker during the period of supervision, and is subject to disciplinary action for any violation of the Act or this chapter by the person being supervised.
7012.11 An applicant shall identify himself or herself as such before practicing as a social worker.
7012.12 An applicant shall be subject to all applicable provisions of the Act and this chapter. The Board may deny an application for a license by, or take other disciplinary action against, an applicant who is found to have violated the Act or this chapter, in accordance with chapter 41 of this title.
7012.13 If the Board finds that an applicant has violated the Act or this chapter, the Board may, in addition to any other disciplinary actions permitted by the Act, revoke, suspend, or restrict the privilege of the applicant to practice.
Section 7013, SUPERVISOR QUALIFICATIONS, is amended as follows
7013.1 REPEALED
Section 7099, DEFINITIONS, subsection 7099.1 is amended as follows:
The following terms are amended to read as follows:
Immediate Supervision – one-to-one supervision in which the supervisor is physically present with the supervisee and either discussing or observing the supervisee’s practice; and shall not include telephone communication, video conferencing, or internet communication.
Supervisee – an applicant or social worker authorized to engage in supervised practice under § 7012.
The following term with the ascribed meaning is added, in alphabetical order, to read as follows:
Mandatory D.C. Social Work Laws and Regulations Review Course – the one (1) hour, on-line course that the D.C. Board of Social Work offers consisting of a comprehensive review of the laws and regulations governing the practice of social work in the District of Columbia.
All persons desiring to comment on the subject matter of this proposed rulemaking action shall submit written comments, not later than thirty (30) days after the date of publication of this notice in the D.C. Register, to Kenneth Campbell, General Counsel, the Department of Health, Office of the General Counsel, 899 North Capitol Street, N.E., 4th Floor, Washington, D.C. 20002. Copies of the proposed rules may be obtained between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, at the address listed above.
