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NEW JERSEY REGISTER
VOLUME 35, NUMBER 2
TUESDAY, JANUARY 21, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF SOCIAL WORK EXAMINERS
STATE BOARD OF SOCIAL WORK EXAMINERS RULES

 

Proposed Readoption with Amendments: N.J.A.C. 13:44G

Authorized By: State Board of Social Work Examiners, Kay McCormack, Executive Director.

Authority: N.J.S.A. 45:15BB-1 et seq.
Calendar Reference: See Summary below for explanation to exemption to calendar requirement.
Proposal Number: PRN 2003-45.

Submit written comments by March 22, 2003 to:

Kay McCormack, Executive Director

State Board of Social Work Examiners

PO Box 45033

Newark, NJ 07101

The agency proposal follows:

Summary

Pursuant to the sunset provisions of Executive Order No. 66(1978), the State Board of Social Work Examiners (the Board) has evaluated the rules at N.J.A.C. 13:44G which are scheduled to expire on June 21, 2003, pursuant to N.J.S.A. 52:14B-5.1c. The Board has determined that the rules are still necessary, reasonable, and proper for their intended purposes, with the exception of minor amendments to benefit both the consumer who receives social work services and the regulated community.

The Social Workers' Licensing Act of 1991 (the Act), N.J.S.A. 45:15BB-1 et seq. established the State Board of Social Work Examiners in the Division of Consumer Affairs. The Act established qualification, education, training, and experience standards for persons seeking to practice as social workers, and required all individuals engaged in the practice of social work, except those specifically exempt, to obtain a license or certificate from the Board.

Subchapter 1 sets out the purpose and scope of the rules and relevant definitions, and delineates the class of persons requiring licensure or certification which are specifically contained in N.J.A.C. 13:44G-1.3. Proposed amendments to N.J.A.C. 13:44G-1.2 add the terms "LCSW," "LSW" and "CSW" and defines them as they are used in this chapter. The Board defines "LCSW" as licensed clinical social worker, "LSW" as licensed social worker, and "CSW" as certified social worker. The Board has elected to replace the following terms throughout the chapter where they appear: "licensed clinical social worker" with "LCSW," "licensed social worker" with "LSW," and "certified social worker" with "CSW."

Subchapter 2 describes the composition of the Board. N.J.A.C. 13:44G-2.1 is amended in order to streamline the regulations and eliminate the description of the Board's composition, manner of appointment of members, and manner of appointment of executive director from the regulations and directs the reader to N.J.S.A. 45:15BB-1 et seq. for that information.

Subchapter 3 details the scopes of practice for a licensed clinical social worker, licensed social worker, and certified social worker. Technical changes replacing "American Association of State Social Work Boards" with ASWB due to a name change for the organization are made to this subchapter and throughout the chapter where it appears. "ASWB" is added as a defined term in N.J.A.C. 13:44G-1.2.

Subchapter 4 delineates the eligibility requirements for the licensed clinical social worker, licensed social worker and certified social worker. The proposed amendment to N.J.A.C. 13:44G-4.1 clarifies that the supervisor's certification for a LCSW applicant is to indicate that the applicant has acquired two years of satisfactory supervised full-time clinical social work experience. N.J.A.C. 13:44G-4.1 is further amended to require that an applicant who cannot provide a supervisor's certification must show the Board that the supervisor is unavailable, and to further require an affidavit from the applicant explaining why it is not possible to submit the supervisor's certification.

The proposed amendment to N.J.A.C. 13:44G-4.5 adds the statutory citation for the educational and experiential requirements and deletes the reference to the Act by name. The amendment to N.J.A.C. 13:44G-4.5 also provides that applicants who seek admission through endorsement must have passed an examination which is similar to the Board required examination.

The subchapter also sets forth the grounds upon which the Board may refuse to issue or renew, suspend, or revoke any license or certification. Technical changes are made to this subchapter.

Subchapter 5 is reserved.

Subchapter 6 sets forth the Board's continuing education requirements. Technical amendments to include continuing education courses as well as continuing education programs are made throughout the subchapter. The proposed amendment to N.J.A.C. 13:44G-6.1 removes the reference to the biennial period commencing September 1, 1998, and simply requires that applicants for renewal confirm that they have completed the continuing education courses or programs of the type and number of credits specified in N.J.A.C. 13:44G- 6.2, 6.3 or 6.4.

The proposed amendments to N.J.A.C. 13:44G-6.2, which the Board has elected not to apply until the biennial registration period beginning on September 1, 2004 (the existing requirements remain in effect for the current biennial period), also change the number and types of continuing education credits that applicants for renewal must complete. Each applicant for renewal shall complete five continuing education credits in ethics related courses. A LCSW applying for renewal is required to have completed a minimum of 40 continuing education credits. A minimum of 20 of those credits shall be in courses or programs directly related to clinical practice. If the LCSW earns more than 40 continuing education credits in a biennial registration period, a maximum of eight surplus credits may be carried into the succeeding biennial registration period, two of which may be in clinical practice. The existing continuing education requirement will apply until the new standards take effect.

A LSW applying for renewal shall have completed a minimum of 30 continuing education credits. If the LSW earns more than 30 continuing education credits in a biennial registration period, a maximum of six surplus credits may be carried into the succeeding biennial registration period.

A CSW applying for renewal shall have completed a minimum of 20 continuing education credits. If the CSW earns more than 20 continuing education credits in a biennial registration period, a maximum of four surplus credits may be carried into the succeeding biennial registration period.

If an applicant obtains an initial license or certification in the second year of a biennial registration period when the applicant renews, he or she must have completed not fewer than one-half of the minimum required continuing education credits, three of which must be in ethics related courses. A LCSW shall complete at least 10 credits in programs directly related to clinical practice.

N.J.A.C. 13:44G-6.2(c) is deleted since the carry over of continuing education credits into a succeeding biennial period is now addressed in subsection (a).

The proposed amendments to N.J.A.C. 13:44G-6.3 remove the requirement that continuing education programs or courses receive preapproval from the Board before continuing education credits would be granted. The Board will still accept applications for preapproval of continuing education courses or programs by continuing education sponsors not included on the list of preapproved sponsors in N.J.A.C. 13:44G-6.4(b). The proposed amendment to N.J.A.C. 13:44G-6.3 lists the content areas that are acceptable and unacceptable for continuing education credit.

The proposed amendment to N.J.A.C. 13:44G-6.4 lists the number of continuing education credits the applicant will receive depending on the type of program or course taken. It also lists non-course or program work for which a licensee or certificate holder can receive continuing education credit, and the number of credits that will be awarded.

The proposed amendment to N.J.A.C. 13:44G-6.7(a) clarifies that only continuing education sponsors not included in N.J.A.C. 13:44G-6.4(b) must seek Board approval of continuing education courses.

Subchapter 7 outlines the standards for biennial license and certification renewal and reinstatement of expired licenses. The proposed amendments in this subchapter are consistent with the Uniform Enforcement Act, N.J.S.A. 45:1-14 et seq. The proposed repeal and new rule at N.J.A.C. 13:44G-7.1 provides that all licenses and certificates issued by the Board shall be for a two-year biennial period. Renewal of a license or certificate is to be accomplished by the submission of a renewal application and the renewal fee set in N.J.A.C. 13:44G-14.1 prior to the expiration date of the license or certificate. If the licensee or certificate holder does not renew the license or certificate prior to its expiration date, they may renew the license or certificate within 30 days of its expiration by submitting the renewal application, renewal fee, and the late fee set forth in N.J.A.C. 13:44G-14.1. The proposed new rule provides that a license or certificate that is not renewed within 30 days of its expiration date shall be automatically suspended. An individual who continues to practice with a suspended license or certificate shall be deemed to be engaged in unlicensed practice.

Further, proposed new rule N.J.A.C. 13:44G-7.1 provides the applicant with the option of selecting either active or inactive status on their renewal application. A licensee or certificate holder who selects inactive status shall submit the inactive license or certificate fee set forth in N.J.A.C. 13:44G- 14.1 and shall not engage in the practice of social work.

The proposed repeal and new rule at N.J.A.C. 13:44G-7.2 contains the requirements for the return to active status for a licensee or certificate holder who has been on inactive status. A licensee or certificate holder who has been on inactive status for less than five years may be reinstated by the Board when the licensee or certificate holder has paid the reinstatement fee; completed the continuing education units required for each biennial registration period for which they were on inactive status; and submitted an affidavit of employment listing each job they held during the period they were on inactive status.

Proposed new rule N.J.A.C. 13:44G-7.2 further provides that a licensee or certificate holder who was on inactive status for more than five years who wishes to return to the practice of social work shall reapply for licensure or certification and shall fulfill all of the initial licensure or certification requirements.

Proposed new rule N.J.A.C. 13:44G-7.3 provides the manner in which an individual whose license or certificate was suspended for nonpayment of a biennial renewal fee may apply for reinstatement. A licensee or certificate holder who has been automatically suspended for nonpayment of a biennial renewal fee for less than five years may be reinstated by the Board when the licensee or certificate holder has paid the reinstatement fee and all past renewal fees for the period during which they failed to pay renewal fees; completed the continuing education units required for each biennial registration period for which they were suspended; and submitted an affidavit of employment listing each job they held during the period they were on suspended status.

Proposed new rule N.J.A.C. 13:44G-7.3 further provides that a licensee or certificate holder who was automatically suspended for nonpayment of a biennial renewal fee for more than five years who wishes to return to the practice of social work shall reapply for licensure or certification and shall fulfill all of the initial licensure or certification requirements.

Subchapter 8 contains the Board's clinical supervision standards for all licensed social workers engaging in clinical social work practice. The proposed amendment to N.J.A.C. 13:44G-8.1 clarifies the requirement that LSWs engaged in clinical social work practice are to do so under clinical supervision according to the requirements of this rule by adding the statement that "LSWs shall not engage in independent private clinical social work practice."

The proposed amendment to N.J.A.C. 13:44G-8.1, which will not become operative until one year after the effective date of the amendment, will require that clinical supervision of a LSW shall be rendered only by a LCSW who has a minimum of three years of licensure as a LCSW and has completed 20 continuing education credits of post-graduate course work related to supervision. LSWs who have already begun a supervisory relationship before the amendment becomes operative will be allowed to continue their supervisory relationship with that supervisor for a period which will end four years from the effective date of the amendment. Four years from the effective date of the amendment, all clinical supervision of LSWs is to be provided by a LCSW who has a minimum of three years of licensure as a LCSW and has completed 20 continuing education credits of post-graduate course work related to supervision. The Board believes that the public is best served when clinical supervision is provided by experienced LCSWs. Thirty-four states have already adopted regulations requiring that clinical supervision be provided by LCSWs.

The proposed amendments to N.J.A.C. 13:44G-8.1 would require each supervisor to verify licensure of the supervisee before they commence the supervisory relationship and to provide written progress reports to the supervisee.

Subchapter 9 sets forth general obligations of licensees including the steps which a licensee or certificate holder must take to notify the Board of a change of address, guidelines concerning service of process, and a specific list of the activities which the Board considers the unlicensed practice of social work. A technical change is proposed to the heading of N.J.A.C. 13:44G-9.1 to indicate that notice of disciplinary action in another jurisdiction is included in the rule.

Subchapter 10 sets forth a licensee's and certificate holder's business practices and standards concerning professional conduct including the requirements for display of notice of licensure or certification standards concerning financial arrangements with clients, standards concerning termination of services, prohibition on sexual misconduct, solicitation and excessive fees, and the requirement that social workers report violations by other licensees.

The proposed amendment to N.J.A.C. 13:44G-10.5 requires that the notification to a client or their legal guardian that the disclosure of confidential information may be required be given in writing.

The proposed amendment to the heading of N.J.A.C. 13:44G-10.7 is meant to clarify that the rule deals with sexual misconduct.

Subchapter 11 sets forth the Board's standards concerning advertising by social workers.

Subchapter 12 addresses client records and confidentiality, and sets forth the Board's standards concerning preparation and maintenance of client records, use of a personal computer to prepare client records, and release of client records. The proposed amendment to N.J.A.C. 13:44G-12.1 removes the requirement that social workers comply with the recordkeeping requirements when their employer's recordkeeping requirements are different than those required in this section.

The proposed amendment to N.J.A.C. 13:44G-12.3 extends the social worker's responsibility to preserve the confidentiality of information obtained from a client after the death of a client. There is also an amendment proposed to N.J.A.C. 13:44G-12.3 to clarify that a social worker is not violating client confidentiality by disclosing confidential information when the client would present a clear and present danger to the health or safety of an individual if the social worker fails to disclose the information.

The proposed amendment to N.J.A.C. 13:44G-12.4 requires a written request of the client or their authorized representative before a social worker is required to release the client's records.

Subchapter 13 is reserved.

Subchapter 14 sets forth the Board's fee schedule. The proposed amendment to N.J.A.C. 13:44G-14.1 includes an inactive fee, which is to be set by the Director by regulation, and a duplicate license fee, which is set at $25.00.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is exempted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The present rules which have been in effect for the past five years have protected the health and welfare of the citizens of New Jersey by identifying those individuals qualified and legally authorized to engage in social work practice, and by establishing high standards of care for those who engage in the practice. The amendments which the Board proposes upon readoption will enhance the effectiveness of the rules and will continue to have a positive impact upon the health, safety, and welfare of each client who receives social work services. The rules will positively affect the regulated community by clarifying different areas for the benefit of licensees and certificate holders as well as applicants for licensure of certification.

Readoption of the subchapter and adoption of the proposed amendments is essential for the Board to continue to identify those individuals who are qualified to render social work services, to establish high standards of care for the profession, and to ensure that every license and certificate holder and every applicant is aware of procedures and professional responsibilities in the social work field.

Economic Impact

The rules have had, and will continue to have, a direct economic impact upon all licensees and certificate holders by imposing fees for application, licensure, renewal and late renewal, reinstatement, endorsement, duplicate wall certificate, change of address, and verification of licensure, certification, and continuing education credits.

The proposed increase in continuing education hours for LSWs and LCSWs in N.J.A.C. 13:44G-6.2 will have a direct economic impact on LSWs and LCSWs as they will have to take additional continuing education courses in order to satisfy the new requirements. However, the Board believes that the financial impact on LSWs and LCSWs will be minimal and that the benefit to their clients outweighs the cost that will be incurred by LSWs and LCSWs.

The proposed new fees, the inactive license fee, which will be set by the Director in the future, will result in a savings for the licensee who opts for inactive status over paying the renewal fee, and the duplicate license fee, are not expected to result in any financial hardship for licensees or certificate holders.

Federal Standards Statement

A Federal standards analysis is not necessary as the rules proposed for readoption with amendments involve no Federal standards. The Board proposes to readopt the rules pursuant to the rulemaking authority set forth in the State statute governing the social work profession.

Jobs Impact

The Board believes that the rules proposed for readoption and the proposed amendments will not result in the generation or loss of jobs. The Board proposes to readopt the rules and adopt the amendments to continue to protect the members of the public who utilize social workers.

Agriculture Industry Impact

The rules proposed for readoption with amendments will not have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed readoption will apply. If social workers are considered "small businesses" for the purposes of the Act, then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposed readoption including the kinds of professional services likely to be necessary to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs of the proposed readoption with an indication of the varying impact on small businesses of differing types and sizes. In addition, the Act requires the Board to outline the manner in which it designed the proposed readoption to minimize any adverse economic impact upon small businesses.

The rules which the Board proposes for readoption will continue to impose reporting, recordkeeping, and compliance requirements upon social workers.

Pursuant to N.J.A.C. 13:44G-1.3, all persons acting within the respective scope of practice of licensed, licensed clinical, or certified social workers must continue to ensure that they obtain licensure or certification with the Board in order to engage in practice.

To comply with the standards set forth in subchapter 3, all social workers must adhere to the scopes of practice which the rules delineate for each category of licensure.

For ongoing compliance with subchapter 4, each applicant for licensure or certification must supply the Board with certain information in order to be eligible for licensure or certification.

All licensees and certificate holders must adhere to the biennial renewal standards, and the reinstatement standards, if applicable, contained in subchapter 7.

Subchapter 8 imposes ongoing compliance requirements by requiring any social worker engaged in a supervisory relationship to adhere to the provisions contained in the rules.

Subchapter 9 will continue to impose a reporting requirement upon each licensee or certificate holder who undergoes an address change. Those social workers must report the address change to the Board.

In order to comply with subchapter 10, licensees and certificate holders working in an agency setting must continue to ensure that the appropriate notices appear in the waiting room or other visible areas. All social workers must also continue to ensure that their fees are reasonable, and that they avoid conflicts of interest. The rules also require social workers to notify any parties involved in a conflict of interest if they should identify one, and to affirmatively take action to eliminate it. Finally, to continue to comply with proposed readopted subchapter 10, social workers must adhere to the standards concerning professional interactions, termination of services, professional fees, solicitation, and kickbacks.

Subchapter 10 also imposes ongoing reporting requirements. Pursuant to N.J.A.C. 13:44G-10.8, social workers must keep the Board apprised of inappropriate or unprofessional conduct by other licensees, and obtain the appropriate client authorizations to do so, if necessary.

All social workers must continue to comply with the guidelines and mandatory recordkeeping rules concerning professional advertising set forth in subchapter 11.

The rules proposed for readoption in subchapter 12 also impose ongoing recordkeeping and compliance requirements upon social workers. All licensees and certificate holders must continue to ensure that they memorialize the appropriate information in the client records, adhere to the standards for computerized recordkeeping, if applicable, and maintain client confidentiality pursuant to the standards.

Finally, all licensees, certificate holders and applicants must continue to forward the appropriate fees to the Board pursuant to the proposed readopted fee schedule set forth in N.J.A.C. 13:44G-14.1.

No additional professional services will be necessary for social workers to comply with the rules proposed for readoption. All licensees, certificate holders, and applicants will continue to incur initial and ongoing costs associated with applicationand renewal, as well as late renewal, reinstatement, endorsement, duplicate wall certificate, change of address and verification of status and continuing education credits, as necessary.

The Board has designed the rules proposed for readoption to minimize adverse economic impact upon social workers by imposing only that level of professional fees necessary to defray its expenses pursuant to the legislative mandates of N.J.S.A. 45:1-3.2. Because the Board has designed the rules proposed for readoption to further the health, welfare, and safety of all persons who receive social work services, the rules must be applied uniformly to all practitioners.

Smart Growth Impact

The Board believes that the rules proposed for readoption with amendments will not have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:44G.

Full text of the proposed amendments follows:

<< NJ ADC 13:44G-1.2 >>

13:44G-1.2 Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

<<+"ASWB" means Association of Social Work Boards.+>>

"Clinical social work services" means social work services which may be performed only by a <<-licensed clinical social worker->> <<+LCSW+>> or a <<-licensed social worker->> <<+LSW+>> under supervision pursuant to N.J.A.C. 13:44G-8. Clinical social work services include, but are not limited to, the following:

1. Clinical assessment, defined as the process of evaluation in which a <<- licensed clinical social worker->> <<+LCSW+>> or a <<-licensed social worker->> <<+LSW+>> conducts a differential, individualized and accurate identification of the psychosocial/behavioral problems existing in the life of the individual client, the family or group for the purpose of establishing a plan to implement a course of psychotherapeutic counseling. A clinical social work assessment includes, but is not limited to, a mental status examination and a psychosocial history. The clinical social worker may utilize currently accepted diagnostic classifications including, but not limited to, the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, as amended and supplemented.

2.-5. (No change.)

<<+"CSW" means certified social worker.+>>

<<+"LCSW" means licensed clinical social worker.+>>

<<+"LSW" means licensed social worker.+>>

<< NJ ADC 13:44G-2.1 >>

13:44G-2.1 Description of the Board

<<-(a)->> The State Board of Social Work Examiners, created in the Division of Consumer Affairs, Department of Law and Public Safety, <<+is constituted under N.J.S.A. 45:15BB-1 et seq.+>> <<-pursuant to P.L. 1991, c.134, shall consist of nine members as follows:->>

<<-1. Two public members;->>

<<-2. The Commissioner of Human Services, or his or her designee;->>

<<-3. Three individuals who have been actively engaged in the practice of social work for at least five years immediately preceding their appointment and, except for members first appointed, licensed or certified pursuant to P.L. 1991, c.124, as follows:->>

<<-i. A licensed clinical social worker;->>

<<-ii. A licensed social worker; and->>

<<-iii. A certified social worker; and->>

<<-4. Three individuals who, except for members first appointed, shall be licensed or certified pursuant to P.L. 1991, c.124, as follows:->>

<<-i. A social work educator representing a baccalaureate level program;->>

<<-ii. A social work educator representing a master's level program; and->>

<<-iii. A social worker with a doctorate level degree.->>

<<-(b) The Governor shall appoint all Board members other than the Commissioner of Human Services or his or her designee. Except for members first appointed, all Board members shall be appointed for three-year terms.->>

<<-(c) The Director of the Division of Consumer Affairs shall appoint an Executive Director and may hire any assistants as are necessary to administer the work of the Board.->>

<< NJ ADC 13:44G-3.1 >>

13:44G-3.1 Practice as a <<-licensed clinical social worker->> <<+ LCSW+>>; scope

(a) The scope of practice of a <<-licensed clinical social worker->> <<+ LCSW+>> includes, but is not limited to:

1.-2. (No change.)

<< NJ ADC 13:44G-3.2 >>

13:44G-3.2 Practice as a <<-licensed social worker->> <<+LSW+>>; scope

(a) The scope of practice of a <<-licensed social worker->> <<+LSW+>> includes, but is not limited to:

1. (No change.)

2. Clinical social work services, under the supervision of a <<-licensed clinical social worker->> <<+LCSW+>> or other supervisor acceptable to the Board pursuant to the clinical supervision standards set forth in N.J.A.C. 13:44G-8.1. Clinical social work services include, but are not limited to, clinical assessment, clinical consultation, psychotherapeutic counseling and client centered advocacy. A <<-licensed social worker->> <<+LSW+>> may not, however, provide clinical supervision. These terms are more specifically defined in N.J.A.C. 13:44G-1.2.

<< NJ ADC 13:44G-3.3 >>

13:44G-3.3 Practice as a <<-certified social worker->> <<+CSW+>>; scope

(a) The scope of practice of a <<-certified social worker->> <<+CSW+>> includes, but is not limited to, social work services. Social work services include, but are not limited to, social work assessment, social work consultation, social work counseling, social work planning, social work community organization, social work policy, social work administration, social work research, and social work client-centered advocacy. These terms are more specifically defined in N.J.A.C. 13:44G-1.2.

(b) A <<-certified social worker->> <<+CSW+>> shall not engage in clinical social work services.

<< NJ ADC 13:44G-4.1 >>

13:44G-4.1 Eligibility requirements; <<-licensed clinical social worker->> <<+LCSW+>>

(a) (No change.)

(b) An applicant for licensure as a <<-clinical social worker->> <<+ LCSW+>> shall submit the following, on forms provided by the Board.

1.-3. (No change.)

4. A supervisor's certification<<-, or the applicant's affidavit in lieu of supervisor's certification,->> indicating that the applicant has acquired two years of <<+satisfactory+>> full-time clinical social work experience under supervision within a period of not less than two, and not more than three consecutive years. <<+In the event that the applicant is unable to provide a supervisor's certification, the applicant shall submit to the Board an affidavit explaining the reason(s) why the applicant is not able to obtain the supervisor's certification+>>;

5. Proof that the applicant has successfully completed the clinical examination administered by the <<-American Association of State Social Work Boards->> <<+ASWB+>>; and

6. Proof that the applicant was a <<-licensed social worker->> <<+ LSW+>> at the time that the experience in (a) above was acquired, or proof that the applicant engaged in social work practice in a setting in which licensure is not required pursuant to N.J.S.A. 45:15BB-5.

<< NJ ADC 13:44G-4.2 >>

13:44G-4.2 Eligibility requirements; <<-licensed social worker->> <<+ LSW+>>

(a) An applicant for licensure as a <<-social worker->> <<+LSW+>> shall submit the following, on forms provided by the Board:

1.-4. (No change.)

<< NJ ADC 13:44G-4.3 >>

13:44G-4.3 Eligibility requirements; <<-certified social worker->> <<+ CSW+>>

(a) An applicant for certification as a <<-social worker->> <<+CSW+>> shall submit the following, on forms provided by the Board:

1.-3. (No change.)

<< NJ ADC 13:44G-4.5 >>

13:44G-4.5 Endorsement

(a) An applicant who is licensed or registered under the laws of a state, territory or jurisdiction of the United States and who otherwise meets the requirements of N.J.A.C. 13:44G-4.1 and 4.2 may be exempted from the examination requirements of N.J.A.C. 13:44G-4.1 and 4.2 provided that:

1. The educational and experiential requirements of the state, territory or jurisdiction are substantially the same as the requirements of <<-the Social Workers' Licensing Act of 1991->> <<+N.J.S.A. 45:15BB-1 et seq.+>>; and

2. The applicant has passed an examination <<+which is+>> similar to the Board-<<-approved->><<+required+>> examination.

(b) (No change.)

<< NJ ADC 13:44G-6.1 >>

13:44G-6.1 License and certification renewal and continuing education requirement

Any applicant who applies for a license or certification renewal <<-for the biennial period commencing September 1, 1998 or any following renewal period->> shall confirm on the renewal application that the applicant has completed <<-Board-approved->> continuing professional education programs <<+or courses+>> of the types and number of credits specified in N.J.A.C. 13:44G-6.2, 6.3 and 6.4. The Board shall not issue a license or certification renewal to any applicant who fails to confirm that the applicant has completed the continuing professional education requirements unless the Board issues the applicant a valid waiver pursuant to N.J.A.C. 13:44G-6.6.

<< NJ ADC 13:44G-6.2 >>

13:44G-6.2 Credit-hour requirements

(a) <<-An->> <<+Effective September 1, 2004 (that is, the biennial period beginning September 1, 2004 through August 31, 2006), an+>> applicant for a biennial license or certification renewal <<-for the period commencing September 1, 1998 shall complete, during the preceding biennial period, a minimum of 10 credits of continuing education. A licensed clinical social worker shall complete at least five of the 10 credits in courses or programs directly related to clinical practice. For any biennial renewal period thereafter, an applicant shall complete a minimum of 10 credits of continuing education. A licensed clinical social worker shall complete at least 10 of the 20 credits in courses or programs directly related to clinical practice.->> <<+shall complete the applicable continuing education credits as follows:+>>

<<+1. A LCSW shall complete a minimum of 40 credits of continuing education, of which at least 20 of the 40 credits shall be in courses or programs directly related to clinical practice and five credits must be related to ethics. If the LCSW earns more than 40 credits during a biennial period, the LCSW may carry a maximum of eight surplus credits into a succeeding biennial period, of which two may be in courses or programs directly related to clinical practice;+>>

<<+2. A LSW shall complete a minimum of 30 credits of continuing education, five of which must be related to ethics. If the LSW earns more than 30 credits during a biennial period, the LSW may carry a maximum of six surplus credits into a succeeding biennial period; and+>>

<<+3. A CSW shall complete a minimum of 20 credits of continuing education, five of which must be related to ethics. If the CSW earns more than 20 credits during a biennial period, the CSW may carry a maximum of four surplus credits into a succeeding biennial period.+>>

(b) If an applicant <<-for renewal->> initially obtains a license or certificate within the second year of a biennial license period, the applicant shall complete not fewer than one-half of the minimum required credits of continuing education<<+, three credits of which shall be in ethics related courses+>>. A <<-licensed clinical social worker->> <<+LCSW+>> shall complete a least <<-five->> <<+10+>> of the <<-10->> <<+20+>> credits in programs which directly relate to clinical practice.

<<-(c) If the licensee or certificate holder earns more than 20 credits during a biennial period, the licensee or certificate holder may carry a maximum of five surplus credits into a succeeding biennial period.->>

<< NJ ADC 13:44G-6.3 >>

13:44G-6.3 <<-Approval of course offerings->> <<+Content areas for continuing education credit+>>

<<-(a) Licensees or certificate holders shall obtain pre-approval from the Board in order to receive continuing education credit for all continuing education programs except as follows:->>

<<-1. Coursework which a license or certificate holder completes or is appointed to teach in an educational program accredited, or in candidacy for accreditation, by the Council on Social Work Education (CSWE);->>

<<-2. Programs for which the sponsor has obtained Board approval; and->>

<<-3. Instances where the Board determines that prior approval is not reasonably obtainable.->>

<<-(b)->><<+(a)+>> The Board shall grant continuing education credit only for programs <<+or courses+>> which are directly related to social work practice <<-as noted in (c) below->> and which are advertised and available on a nondiscriminatory basis.

<<-(c)->><<+(b)+>> The following <<+content areas+>> are acceptable <<-content areas->> for continuing education <<+credit+>>:

1.-3. (No change.)

4. Management/administration/social policy; <<+and+>>

5. Social work ethics<<+, including, but not limited to, topics in boundary relationships, conflicts of interest, confidentiality, and recordkeeping+>><<-; and->><<+.+>>

<<-6. Any area which the Board deems to be of current importance.->>

<<-(d)->><<+(c)+>> The following <<+content areas+>> are unacceptable <<-content areas->> for continuing education <<+credit+>>:

1. Personal development; and

2. Supervisory sessions.

<<-(e)->><<+(d)+>> (No change in text.)

<<-(f) All licensees seeking pre-approval for continuing education programs shall forward the appropriate review fee as set forth in N.J.A.C. 13:44G- 14.1.->>

<< NJ ADC 13:44G-6.4 >>

13:44G-6.4 Sources of continuing education credits and credit-hour calculations

(a) The Board shall grant credit only for continuing education programs <<+ or courses+>> that are at least one instructional hour long, and are directly related to social work practice. For purposes of this subchapter, an "instructional hour" represents a 60-minute clock hour with no less than 50 minutes of content within the hour. Programs <<+or courses+>> may include one 10-minute break for each instructional hour.

(b) A licensee or certificate holder shall complete and be able to verify such completion of a continuing education <<-offering->> <<+program orcourse+>> in order to receive <<-any->> continuing education credit. The Board shall grant a licensee or certificate holder continuing education credit for each two year period as follows:

<<-1. Attendance at continuing education programs available at international, national, State, regional or sub-regional conferences: one credit for each hour of attendance;->>

<<-2. Attendance at continuing education programs offered at accredited academic institutions: one credit for each hour of attendance.->>

<<-3. Academic coursework:->>

<<-i. Coursework in an educational program accredited, or in a candidacy for accreditation, by the CSWE: three continuing-education credits for each course credit awarded beyond the required educational standards which the social worker must complete for licensure or certification as set forth in N.J.A.C. 13:44G-4.1(b)3i, 4.2(a)3 and 4.3(a)3.->>

<<-ii. Coursework in an educational program not accredited, or not in candidacy for accreditation by the CSWE: three continuing education credits for each course credit awarded;->>

<<-4. A refereed article published in a professional journal within the preceding biennial period: nine credits per article;->>

<<-5. Teaching appointments for courses offered in accredited institutions: 15 credits for each new course which a licensee or certificate holder teaches. For the purposes of this subsection, "new" represents a course that the licensee or certificate holder has not taught previously in any educational setting;->>

<<-6. Presentations at workshops, training sessions and seminars: one and one-half credits for each hour of a new offering up to a maximum of nine credits; and->>

<<-7. In-service training, excluding job orientation sessions: one credit for each hour of training.->>

<<+1. Attendance at programs or courses approved by the ASWB: one credit for each hour of attendance;+>>

<<+2. Attendance at programs or courses approved by the National Association of Social Workers (NASW): one credit for each hour of attendance;+>>

<<+3. Attendance at programs or courses given at State and national social work association conferences, where the criteria for membership is either licensure or certification as a social worker: one credit for each hour of attendance;+>>

<<+4. Attendance at continuing education programs offered at a regionally accredited institution: one credit for each hour of attendance;+>>

<<+5. Completion of an undergraduate or graduate-level course at a regionally accredited institution: five credits for each course credit, up to a maximum of one-half of the required continuing education credits; and+>>

<<+6. Attendance at in-service training in a subject matter related to the setting in which the licensee works: one credit for each hour of training up to a maximum of six credits. Such in-service training shall not include staff meetings, quality assurance or case reviews or case management.+>>

<<+(c) Licensees or certificate holders shall receive continuing education credit for the following:+>>

<<+1. A refereed article published in a professional journal within the preceding biennial period: nine credits per article;+>>

<<+2. Teaching appointments for courses offered in accredited institutions: 15 credits for each new course which a licensee or certificate holder teaches. For the purposes of this subsection, "new" represents a course that the licensee or certificate holder has not taught previously in any educational setting; and+>>

<<+3. Presentations at workshops, training sessions and seminars: 1.5 credits for each hour of a new offering up to a maximum of nine credits.+>>

<< NJ ADC 13:44G-6.7 >>

13:44G-6.7 Responsibilities of continuing educationproviders

(a) A continuing education sponsor <<+not included in N.J.A.C. 13:44G- 6.4(b)+>> shall obtain Board approval for each course offered and advertised as satisfying continuing education requirements.

(b)-(f) (No change.)

<< NJ ADC 13:44G-7.1 >>

13:44G-7.1 Biennial license and certification renewal<<+; inactive status+>>

<<-(a) Prior to the expiration of the current biennial period, the licensee or certificate holder shall complete and sign the Board's biennial renewal notice form and shall forward the form to the Board together with the biennial renewal fee.->>

<<-(b) If the licensee or certificate holder fails to renew his or her license or certification on or before the date specified in the biennial renewal notice, the license or certification shall automatically expire and the individual shall immediately cease practice.->>

<<-(c) Each licensee or certificate holder is responsible for license or certificate renewal prior to the applicable expiration date. Failure to receive the renewal notice form shall not be a defense to untimely renewal.->>

<<+(a) All licenses and certificates issued by the Board shall be issued for a two-year biennial licensure period. A licensee or certificate holder who seeks renewal of the license or certificate shall submit a renewal application and the renewal fee set forth in N.J.A.C. 13:44G-14.1 prior to the expiration date of the license or certificate.+>>

<<+(b) Renewal applications shall provide the applicant with the option of either active or inactive status. A licensee or certificate holder electing inactive status shall pay the inactive license or certificate fee set forth in N.J.A.C. 13:44G-14.1, and shall not engage in the practice of social work.+>>

<<+(c) If a licensee or certificate holder does not renew the license or certificate prior to its expiration date, the licensee or certificate holder may renew the license or certificate within 30 days of its expiration by submitting a renewal application, a renewal fee and a late fee, as set forth in N.J.A.C. 13:44G-14.1.+>>

<<+(d) A license or certificate that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who continues to practice with a suspended license or certificate shall be deemed to be engaged in unlicensed practice.+>>

<< NJ ADC 13:44G-7.2 >>

13:44G-7.2 <<-Reinstatement->> <<+Return from inactive status+>>

<<-(a) If a license or certificate expires due to nonpayment of a biennial renewal fee, it may be reinstated within five years upon application to the Board, payment of the biennial license or certification fee and the reinstatement fee as set forth in N.J.A.C. 13:44G-14, and demonstration that any other requirements for license or certificate renewal have been met.->>

<<-(b) The Board will not renew a license or certificate if the renewal application is submitted to the Board more than five years after the date of license or certificate expiration. In such event, the individual shall be required to apply for an initial license and to take the Board-approved examination or to apply for initial certification.->>

<<+(a) A licensee or certificate holder who elected inactive status and has been on inactive status for less than five years may be reinstated by the Board upon completion of the following:+>>

<<+1. Payment of the reinstatement fee;+>>

<<+2. The completion of the continuing education units required for each biennial registration period for which they were on inactive status; and+>>

<<+3. Submission of an affidavit of employment listing each job held during the period they were on inactive status which includes the names, addresses, and telephone numbers of each employer.+>>

<<+(b) A licensee or certificate holder who was on inactive status for more than five years who wishes to return to the practice of social work shall reapply for licensure or certification. The applicant shall fulfill all of the initial licensure or certification requirements found at N.J.A.C. 13:44G- 4.1, 4.2 or 4.3, as applicable.+>>

<< NJ ADC 13:44G-7.3 >>

<<+13:44G-7.3 Reinstatement of suspended license+>>

<<+(a) An individual whose license or certificate has been automatically suspended for up to five years for nonpayment of a biennial renewal fee pursuant to N.J.A.C. 13:44G-7.1(d) may be reinstated by the Board upon completion of the following:+>>

<<+1. Payment of the reinstatement fee and all past delinquent biennial renewal fees pursuant to N.J.A.C. 13:44G-14.1;+>>

<<+2. Completion of the continuing education units required for each biennial registration period for which they were suspended; and+>>

<<+3. Submission of an affidavit of employment listing each job held during the period of suspended license or certification which includes the names, addresses, and telephone numbers of each employer.+>>

<<+(b) A licensee or certificate holder who was suspended for more than five years who wishes to return to the practice of social work shall reapply for licensure or certification. The applicant shall fulfill all of the initial licensure or certification requirements found at N.J.A.C. 13:44G-4.1, 4.2 or 4.3, as applicable.+>>

<< NJ ADC 13:44G-8.1 >>

13:44G-8.1 Clinical supervision

(a) All <<-licensed social workers->> <<+LSWs shall not engage in independent private clinical social work practice and all LSWs+>> engaged in clinical social work practice shall have clinical supervision in accordance with the following standards:

1. (No change.)

2. <<-Clinical->> <<+Until (one year from the effective date of this paragraph), clinical+>> supervision may be rendered by:

i. A clinical social worker licensed by this State;

ii. A Board certified psychiatrist licensed by the New Jersey Board of Medical Examiners;

iii. A psychologist licensed by the New Jersey Board of Psychological Examiners; or

iv. Any other supervisor the Board may deem acceptable.

3. All applicants shall obtain the Board's prior written approval of any person rendering supervision other than a person identified in (a)2i through iii above.

<<+4. Beginning on (one year from the effective date of this paragraph), clinical supervision shall be rendered by a LCSW with a minimum of three years of licensure as a LCSW and who has completed at least 20 continuing education credits of post-graduate course-work related to supervision. Any LSW who has entered into a supervisory relationship with a supervisor pursuant to (a)2 above may continue the supervisory relationship until (four years from the effective date of the regulation).+>>

Recodify existing 4.-6 as <<+5.-7.+>> (No change in text.)

(b) Prior to commencement of this supervisory relationship, each social worker shall provide the supervisor with proof of their licensure <<+and each supervisor shall verify licensure of the supervisee+>>.

(c)-(e) (No change.)

(f) <<-All social workers shall ensure that the->> <<+The+>> supervisor <<+shall+>> provide<<-s->> <<+written+>> progress reports concerning the social worker to the social worker and the employer on at least a quarterly basis.

1. (No change.)

<< NJ ADC 13:44G-9.1 >>

13:44G-9.1 Notification of change of address; service of process<<+; notice of disciplinary action in another jurisdiction+>>

(a)-(c) (No change.)

<< NJ ADC 13:44G-9.3 >>

13:44G-9.3 Unlicensed practice of social work

(a) The following acts or practices shall be deemed to be the unlicensed practice of social work:

1. Offering or rendering social work services by any person other than a <<-licensed clinical social worker->> <<+LCSW+>>, a <<-licensed social worker->> <<+LSW+>> or a <<-certified social worker->> <<+ CSW+>> or any person who is not exempt from licensure under the Social Workers' Licensing Act, N.J.S.A. 45:15BB-5.

2. The use by any person other than a <<-licensed clinical social worker->> <<+LCSW+>>, a <<-licensed social worker->> <<+LSW+>> or a <<-certified social worker->> <<+CSW+>> of any title or designation that includes the words social worker or social work or that may mislead the public, such as, but not limited to, social worker, licensed clinical social worker, licensed social worker, certified social worker, medical social worker, social work technician; and any of the abbreviations SW, LCSW, LSW, CSW, SWT or similar abbreviations. Licensed and certified social workers shall use only the title or designation corresponding to the license or certification held.

3. Engaging in the independent practice of clinical social work for a fee by any person other than a <<-licensed clinical social worker->> <<+ LCSW+>>.

4. Offering or rendering clinical social work services by a <<-licensed social worker->> <<+LSW+>>, unless the <<-licensed social worker->> <<+LSW+>> is under supervision pursuant to N.J.A.C. 13:44G- 3.2 and 8.1.

5. (No change.)

6. Offering or rendering clinical social work services by a <<-certified social worker->> <<+CSW+>>.

<< NJ ADC 13:44G-10.1 >>

13:44G-10.1 Display of notice of licensure or certification; notification of availability of fee information

(a) All <<-licensed or certified social workers->> <<+LSWs or CSWs+>> employed in an agency setting and <<-licensed clinical social workers->> <<+LCSWs+>> conducting independent practice shall ensure that the following notices are prominently displayed in a waiting room or other area where they will be visible to the social worker's clients:

1.-2. (No change.)

<< NJ ADC 13:44G-10.3 >>

13:44G-10.3 <<-Licensed clinical social worker->> <<+LCSW+>>; financial arrangements with clients

(a)-(b) (No change.)

<< NJ ADC 13:44G-10.5 >>

13:44G-10.5 Professional interaction with clients

(a) A social worker shall advise the client or the client's legal guardian, in terms the client or guardian can understand, of the nature and purposes of the services to be rendered and the limits and obligations associated with such services<<-, including, but not limited to,->><<+. In+>> circumstances where the confidential information may be requested and where disclosure of the confidential information may be legally required<<+, the client or the client's legal guardian shall be notified in writing+>>. These disclosures shall occur as soon as possible in the social worker-client relationship and, as needed, through the course of the relationship.

(b)-(d) (No change.)

<< NJ ADC 13:44G-10.7 >>

13:44G-10.7 Sexual <<+mis+>>conduct<<+,+>> harassment; discrimination

(a)-(k) (No change.)

<< NJ ADC 13:44G-12.1 >>

13:44G-12.1 Preparation and maintenance of client records

(a)-(e) (No change.)

<<-(f) All social workers shall comply with this section notwithstanding an employer's recordkeeping requirements.->>

<< NJ ADC 13:44G-12.3 >>

13:44G-12.3 Confidentiality

(a) A social worker shall preserve the confidentiality of information obtained from a client in the course of performing social work services for the client, <<+including after the death of a client,+>> except in the following circumstances.

1. Disclosure is required by Federal or state law or regulation<<-, such as, but not limited to, N.J.S.A. 2A:62A-17, and 42 C.F.R. Part 2->>.

2.-3. (No change.)

4. <<-The social worker's failure to disclose the information presents a clear and present danger to the health or safety of an individual.->> <<+ The client would present a clear and present danger to the health or safety of an individual if the social worker fails to disclose the information.+>>

5.-7. (No change.)

(b)-(c) (No change.)

<< NJ ADC 13:44G-12.4 >>

13:44G-12.4 Release of client record

(a) At the <<+written+>> request of the client or authorized representative, a social worker shall provide the client record or a summary thereof, within 30 days of the request directly to:

1.-3. (No change.)

<<-(b) A social worker may require a record request to be in writing.->>

Recodify existing (c)-(h) as <<+(b)-(g)+>> (No change in text.)

<< NJ ADC 13:44G-14.1 >>

13:44G-14.1 Fees

(a) Charges for licensure, certification and other services:

1.-8. (No change.)

9. Inactive fee .. (To be set by the Director by regulation)

Recodify existing 9.-13 as <<+10.-14.+>> (No change in text.)

15. Duplicate license ................ $25.00

<<-14.->><<+16. +>>(No change in text.)

<<-15.->><<+17.+>> Continuing education fees:

i. Continuing education sponsors (biennial) .. $100.00

35 N.J.R. 380(a)

 

 

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Posted January 21, 2003