Part 1 GENERAL INFORMATION
Section 1.1 Administrative Rules
(a) Title 26 Chapter 61 of the Vermont
Statutes Annotated gives the Director of the Office of Professional Regulation
(Director) certain powers and duties regarding licensure and discipline of
licensed master's social workers and licensed independent clinical social
workers to protect the public health, safety, and welfare. The Director has
adopted these rules to aid applicants, licensees, and the general public in
understanding the requirements for these professions.
(b) Copies of these rules and more
information about the regulation of social workers may be obtained by
contacting the Office of Professional Regulation (Office). This information may
also be obtained from the Office of Professional Regulation website at
http://vtprofessionals.org/.
Section
1.2 General Definitions
These words and phrases are defined as follows:
(a) "Accredited Social Work Education
Program" means a program approved by the Council on Social Work Education or
the Council's equivalent.
(b)
"A.S.W.B." means Association of Social Work Boards.
(c) "Completed application" means an
application which shows that the applicant has fulfilled all prerequisites to
licensure.
(d) "Direct service"
means time spent with a client directly regardless of setting, or in consulting
with another professional about the client, for example, the client's physician
or psychiatrist. It may include any phone time or emergency time with the
client, but overall it involves being with the client or the client's other
service providers.
(e) "Indirect
service" means creating case notes, staff meetings, supervision, workshops and
conferences, general consultation, teaching, case management activities,
advocacy and policy work, and any other social work other than direct client
contact.
(f) "Director" means the
Director of the Office of Professional Regulation;
(g) "L.M.S.W." means licensed master's social
worker as set forth in Part 2 of these rules. Per
26 V.S.A. §
3201(2) psychotherapy is not
part of the scope of practice of an L.M.S.W.
(h) "L.I.C.S.W." means Licensed Independent
Clinical Social Worker.
(i)
"N.A.S.W." means National Association of Social Workers.
(j) "N.A.S.W. Vermont" means, the National
Association of Social Workers, Vermont Chapter.
(k) "Office" means the Office of Professional
Regulation (OPR);
(l)
"Psychotherapy is defined in
26 V.S.A. §
3201(4).
(m) "V.S.A." means the Vermont Statutes
Annotated.
Section 1.3
Business Location
The Office's business location is the Office of the Secretary
of State, Office of Professional Regulation, in the City, Center 89 Main
Street, Fl. 3 in Montpelier. Its current mailing address is:
Vermont Secretary of State
Office of Professional Regulation
89 Main St., Fl. 3
Montpelier, VT 05620-3402
Section 1.4 Advisors to the Director of the
Office of Professional Regulation
The Secretary of State appoints two licensed social workers to
serve as advisors to assist the Director of the Office of Professional
Regulation with the regulation of this profession.
Section 1.5 Laws Governing Regulation of the
Profession
The Director of the Office of Professional Regulation is
authorized by Chapter 61 of Title 26 of the Vermont Statutes Annotated to set
standards, issue licenses, and regulate the profession. The statutes are online
at . The Director's authority is also conferred by subchapter III of Chapter 5
of Title 3 "Professional Regulation," the statutes creating and governing the
Office of Professional Regulation ( 3 V.S.A. §§ 121-132 ). In
addition to the "Professional Regulation" statutes, the regulation of this
profession is subject to other state laws including the "Administrative
Procedure Act" ( 3 V.S.A. §§ 801-849 ), the "Open Meeting Law" ( 1
V.S.A. §§ 310-314 ), and the "Access to Public Records Law" ( 1
V.S.A. §§ 315-320 ). In contested cases, the Office follows the
Vermont Rules of Evidence as amended by the Administrative Procedure Act. These
laws set forth the rights of applicants, license holders, and members of the
public. Applicants and licensees should be aware that Chapter 5 of Title 3 of
the Vermont Statutes contains several statutes which govern regulation of
licensed professionals. See among them,
3 V.S.A. §
129a which defines unprofessional
conduct.
Section 1.6
Legislative Changes Affecting Rules
Legislative changes from time to time may create
inconsistencies between statutes and administrative rules. When a statute and
rule are inconsistent, the statute governs.
Section 1.7 No Advisory Opinions
Interpretation of the meaning of this profession's
administrative rules and statutes often occurs in the course of deciding an
unprofessional conduct case. The Office is not authorized to issue advisory
opinions.
Section 1.8 Other
Sources of Information: The Web page
The OPR web site at http://vtprofessionals.org contains
information including periodic newsletters, information about licensing,
discipline, and other matters of interest to practicing social workers.
Practitioners are encouraged to visit the web page regularly.
Part 2 LICENSED MASTER'S SOCIAL
WORKERS: LICENSURE
Section 2.1 Routes to
Licensure
There are three routes to licensure as a master's social
worker:
(a) licensure by
examination;
(b) licensure by
endorsement; and
(c) five year
rule.
Section 2.2
Licensure by Examination
To be eligible for licensure as a licensed master's social
worker (L.M.S.W.) by examination an applicant must:
(a) receive a master's or doctoral degree
from a social work educational program accredited by the Council on Social Work
Education;
(b) successfully
complete the Association of Social Work Boards master's level examination or
its successor examination as selected by the Director taken within five years
of completing all requirements for licensure; and
(c) successfully complete the Vermont
jurisprudence examination.
(d)
There is no supervised practice requirement for an L.M.S.W. license.
Section 2.3 Licensure by
Endorsement
To be eligible for licensure as a licensed master's social
worker by endorsement an applicant must:
a) hold an active license to practice
licensed master's social work or licensed independent clinical social work in
another United States or Canadian province whose requirements for licensure are
substantially equivalent to Vermont's requirements; and
b) successfully complete the jurisprudence
examination.
Section 2.4
Licensed Experience: Five Year Rule
The Director may grant a license to practice as a licensed
master's social worker to a person licensed as a master's social worker in
another United States or Canadian jurisdiction whose licensing requirements are
determined by the Director to be not substantially equivalent to those of this
state if:
(a) the applicant holds an
active unencumbered license and has no disciplinary history in any
jurisdictions currently or previously licensed;
(b) the applicant has practiced 1,200 hours
per year or more for a minimum of five years; and
(c) the applicant has successfully completed
the Vermont jurisprudence examination.
Part 3 LICENSED INDEPENDENT CLINICAL SOCIAL
WORKERS
Section 3.1 Routes to Licensure
There are three routes to licensure as a licensed independent
clinical social worker:
(a) licensure
by examination;
(b) licensure by
endorsement; and
(c) five year
rule.
Section 3.2
Licensure by Examination
To be eligible for licensure as a licensed independent clinical
social worker (L.I.C.S.W.) by examination an applicant must:
(a) receive a master's or doctoral degree
from a social work educational program accredited by the Council on Social Work
Education;
(b) successfully
complete 3,000 hours of supervised practice as specified in Part 5 of these
rules;
(c) successfully complete
the Association of Social Work Boards clinical examination or its successor
examination as selected by the Director; taken within five years of completing
all requirements for licensure; and
(d) successfully complete the Vermont
jurisprudence examination.
Section
3.3 Licensure by Endorsement
To be eligible for licensure as a licensed independent clinical
social worker by endorsement an applicant must:
(a) hold an active license to practice
independent clinical social work or its equivalent in another United States or
Canadian jurisdiction whose requirements for licensure are substantially
equivalent to Vermont's requirements; and
(b) successfully complete the Vermont
jurisprudence examination.
Section
3.4 Licensed Experience: Five Year Rule
The Director may grant a license to practice as a licensed
independent clinical social worker to a person licensed as an independent
clinical social worker in another United States or Canadian Jurisdiction whose
licensing requirements are deemed by the Director to be not substantially
equivalent to those of this state if:
(a) the applicant holds an active
unencumbered license, and has no disciplinary history in any jurisdictions
currently or previously licensed;
(b) the applicant has practiced for at least
1,200 hours per year for a minimum of five years;
(c) the Director, in his or her discretion,
has determined that the applicant's practice experience or education overcomes
any lesser licensing requirements of the other jurisdiction (s); and
(d) the applicant has successfully completed
the Vermont jurisprudence examination.
Part 4 SUPERVISED PRACTICE
Section 4.1 Supervised Practice Toward
Licensure as an L.I.C.S.W
Supervised practice toward licensure as an L.I.C.S.W.
means:
(a) clinical social work that
is supervised by a qualified supervisor who is familiar with the nature of the
applicant's clinical activities and who monitors the quality of the work and
contributes to the enhancement of self-knowledge and of clinical work. The
supervisor is responsible for an applicant's work.
(b) Provision of psychotherapy must comprise
2,000 direct service hours of the required 3,000 hours of supervised practice.
The definition of "psychotherapy" is found in
26 V.S.A. §
3201(4).
Section 4.2 Registration
Requirements
(a) For L.I.C.S.W. applicants
already licensed as master's social workers: No supervised practice toward
licensure within the State of Vermont and no psychotherapy services may be
provided as part of any supervised practice in Vermont until and unless the
licensed master's social worker has registered for supervised practice with the
Office. This registration shall be renewed with the license during the period
of supervised practice. A licensee who provides psychotherapy services without
registering with the Office is engaged in unauthorized practice and subject to
disciplinary action. No unauthorized practice of psychotherapy will be counted
toward the supervised practice requirement.
(b) For L.I.C.S.W. applicants not already
licensed as master's social workers: No supervised practice toward licensure
within the State of Vermont and no psychotherapy services may be provided in
Vermont as part of supervised practice in Vermont until and unless the
applicant is registered on the roster of non-licensed and non-certified
psychotherapists. Applicants are required to remain on the roster for the
duration of the supervised practice.
Section 4.3 Unlicensed or Un-Rostered
Practice: Responsibilities and Penalties
(a)
Both the supervisor and person engaged in supervised practice are responsible
for verifying that the applicant is properly registered with the
Office.
(b) Supervisors should have
a copy of the supervision form before supervision begins. Both the supervisor
and applicant are expected to be familiar with these administrative rules at
the beginning of the supervised practice.
(c) Unlicensed, unregistered, or un-rostered
supervised practice is unauthorized practice and may subject the applicant and
the supervisor to disciplinary action.
(d) Unauthorized practice in Vermont will not
be counted toward the supervised practice requirement.
Section 4.4 L.I.C.S.W Supervised Practice
Disclosure Requirements
Individuals engaged in supervised practice in Vermont toward
independent clinical social worker licensure must comply with the disclosure
requirements of Part 7 of these rules.
Section 4.5 Supervisors: Experience and
Standing Requirements
Supervised practice beginning after the effective date of these
rules must occur under a supervisor who:
(a) has acquired 4,500 hours licensed
practice in no fewer than three years; and
(b) at all times during the period of
supervision holds an unencumbered license in a permitted supervisory licensed
profession in the jurisdiction where the supervised practice occurs.
Section 4.6 Verification of
Supervisor Credentials
If the supervised practice occurred in a Canadian province or a
state other than Vermont, the supervisor must submit verification of his or her
licensure, registration, or certification directly to the Office. The
verification must come from the licensing or certifying authority of the other
state or province. Supervision reports will be reviewed only after the
verification is received.
Section
4.7 Areas of Practice
An applicant will receive credit in an area of practice only if
the clinical supervisor is knowledgeable and experienced in that area, and only
for work that is acceptable to the supervisor and satisfies the requirements of
these rules.
Section 4.8
Frequency and Nature of Supervision
An applicant must have one hour of supervision for each thirty
(30) hours of supervised practice. The supervision must occur in a face-to-face
setting. Face-to-face supervision via HIPAA compliant electronic media is
acceptable.
Section 4.9
Supervision Settings
Face-to-face supervision may be in either an individual
setting, between the supervisor and the applicant, or in a group setting,
including the supervisor and up to eight individuals. Of the total hours of
supervision, at least half must be in an individual setting.
Section 4.10 Supervisor Prerequisites
For supervised practice commencing after the effective date of
these rules, a supervisor of anyone engaged in supervised practice toward
licensure as an independent clinical social worker must be currently engaged in
licensed practice and have no less than three years' and 4,500 hours experience
in licensed practice as:
(a) a
licensed independent clinical social worker;
(b) a licensed clinical mental health
counselor;
(c) a licensed
psychologist;
(d) a licensed
physician or a licensed osteopathic physician who has completed a residency in
psychiatry; or
(e) a person
licensed or certified in another state or Canada in one of these professions or
its substantial equivalent.
Section
4.11 Excluded from Supervising
Preface: Successful supervision requires that the future
licensee and supervisor have a full and candid exchange regarding all aspects
of the supervised practice. Treatment issues, including issues of sexual
attraction and other matters between practitioner and client, and work
conditions affecting practice should be fully explored. Because full candor is
needed, conflicts of interest between supervisor and future licensee must be
avoided.
(a) Supervisors and
supervisees must comply with ethical requirements for social workers,
including. those governing conflicts of interest. (See, Rule 9.1.) Social
workers should not engage in any dual or multiple relationships with
supervisees in which there is a risk of exploitation of or potential harm to
the supervisee. (See, NASW Code of Ethics 3.01(c)). Financial relationships
between supervisor and supervisee should be discussed to ensure that both can
be completely candid and so that all issues arising from practice and the
practice setting can be adequately addressed.
(b) Certain persons are excluded from being
supervisors. A ''clinical supervisor" may not include a spouse, life partner,
former spouse, or family member.
(c) The following arrangements are examples
of those which cannot be accepted for clinical supervision toward licensure:
(1) supervision by current or former family
members or any other persons where the nature of the personal relationship
prevents or makes difficult the establishment of a professional
relationship;
(2) administrative
supervision (for example, clinical practice performed under administrative
rather than clinical supervision of an institutional director or
executive);
(3) classes, workshops,
or seminars;
(4) consultation,
staff development, or orientation to a field or program, or role-playing of
family interrelationships as a substitute for current clinical
practice.
Section
4.12 Supervisors Wherever Supervision Occurs
The supervisor must be licensed or otherwise properly
credentialed in the jurisdiction where the supervised practice
occurs.
Section 4.13
Distribution of Supervised Practice Hours
(a)
L.I.C.S.W: Of the 3,000 required practice hours 2,000 hours shall be the
provision of direct service psychotherapy services, with the remaining 1,000
hours in either direct or indirect social work services.
(b) "Direct service" means time spent with a
client directly regardless of setting, or in consulting with another
professional about the client, for example, the client's physician or
psychiatrist. It may include any phone time or emergency time with the client,
but overall it involves being with the client or the client's other service
providers.
(c) "Indirect services"
means creating case notes, staff meetings, supervision, workshops and
conferences, general consultation, teaching, case management activities, and
any other related social work practice other than direct client
contact.
Section 4.14
Time Allowed for Supervised Practice
Supervised practice towards licensure as an independent
clinical social worker may be completed in no less than two
years.
Section 4.15 Current
Competency: Timing of Supervised Practice
(a)
The issuance of a license reflects the applicant's demonstration of current
minimum competence to practice social work. To ensure current competence, no
fewer than half of the supervised practice hours must occur within five years
of completing all requirements for licensure.
(b) No more than 1,500 hours per year may be
credited toward the supervised practice requirement.
(c) Part-time practice of less than 16 hours
per week will not count toward the supervised practice requirement.
Section 4.16 Expiration of
applications
Applications not completed within five years of their filing
expire. They will receive no further action. After five years, a new
application and filing fee will be required for anyone seeking
licensure.
Section 4.17
Supervision Reports
A supervision report must be submitted by a clinical
supervisor. The supervision report shall contain sufficient detail to permit
the Board to evaluate an applicant's supervised practice. The supervision
report must contain, at a minimum:
(a)
applicant's name;
(b) supervisor's
name, signature, address, certification or licensure number, state where
granted, date granted, and area of specialization;
(c) name and nature of the practice setting,
and a description of the client population served;
(d) specific beginning and ending dates of
practice covered;
(e) number of
practice hours during this period listing separately direct service hours and
indirect service hours (to include all duties);
(f) applicant's specific duties;
(g) number of one-to-one supervisory
hours;
(h) number of group
supervision hours with a maximum of eight individuals in a group supervised by
at least one clinical supervisor;
(i) detailed assessment of the applicant's
performance;
(j) ethical practices
reviewed;
(k) an evaluation of the
applicant's ability to provide psychotherapy and practice as an independent
clinical social worker.
Part 6 INFORMATION FOR LICENSEES
Section 6.1 Change of Name or Address
A licensee is responsible for notifying the Office within 30
days if he or she changes name, mailing address or business address.
3 V.S.A. §
129a(a)(14)
Section 6.2 Continuing
Education Requirements
Continuing education is intended to enhance the licensee's
knowledge and skills toward the goals of safe, ethical, and competent practice
of social work.
(a) With the first
renewal application after two years of licensure, and with each subsequent
renewal application, documentation of completed acceptable continuing education
is required. Only continuing education taken within two years of the renewal
date is counted.
(1) L.I.C.S.W.: Each licensed
independent clinical social worker is required to document and complete twenty
(20) hours of continuing education taken during the concluding licensing
period.
(2) L.M.S.W.: Each licensed
master's social worker is required to document and complete ten (10) hours of
continuing education taken in a formal setting during the concluding licensing
period.
(b) Only actual
time spent in acceptable educational activities may be claimed. Breaks and
meals are excluded.
(c) The
Director recommends, but does not require continuing education for initial
licensees before that time.
Section
6.3 Eligible Continuing Education Subject Areas
Relevant areas of continuing education may include but shall
not be limited to:
(a) clinical theory
and techniques; human growth and development; child and family development;
individual, marital, family and social change;
(b) social and health research; social and
public policy development and implementation (for example, welfare, mental
health laws, health care regulation); social work education and
supervision;
(c) topics in the
fields of medicine, law, administration, education, and behavioral sciences, if
specifically relevant to the safe and competent practice of clinical social
work.
(d) Those who serve as
supervisors are encouraged to take some continuing education training related
to supervision.
Section
6.4 Ethics Requirement
At least one and one half (1.5) hours of the total required
hours shall be in ethics of social work practice, including such issues as
boundaries, confidentiality, and dual relationships.
Section 6.5 Formal Educational Activities
(a) For L.I.C.S.W.'s: At least 15 hours shall
consist of formal in person education.
(b) For L.M.S.Ws: All hours must consist of
formal education. Formal educational activities may include but are not be
limited to:
(1) Conferences, workshops,
seminars, academic courses, in-service programs (regularly scheduled staff
meetings are not eligible);
(2)
Offerings approved or sponsored by national, regional, or state professional
organizations in social work and allied disciplines and accredited social work
universities and colleges.
Section 6.6 Informal or Self-Directed
Educational Activities: For L.I.C.S.W.'s Only
No more than five hours of continuing education may be in
informal or self-directed educational activities. Informal or self-directed
educational activities may include:
(a) eligible study groups and viewing of
educational or training videos, on line offerings or taped programs.
(b) independent study projects or study
groups sponsored by organizations listed in these rules or approved by the
Director.
(c) on line courses or
programs approved by organizations specified in these rules or approved by the
Director that do not allow for a live exchange among participants.
Section 6.7 Ineligible Activities
(a) Lectures, teaching, or other activities
performed for financial remuneration are not eligible for continuing education
credit.
(b) Peer supervision is not
eligible for continuing education credit.
Section 6.8 Pre-Approved Activities and
Sponsors
The Director will accept eligible continuing education
activities offered by the following organizations:
(a) courses and continuing education
activities offered by accredited colleges and universities;
(b) seminars, courses, conferences, or
workshops sponsored or approved by official national, regional, or state social
work professional organizations or state boards;
(c) courses and continuing educational
activities sponsored and approved by the appropriate national, regional, or
state professional organization in the fields of medicine, law, administration,
education, and behavioral sciences;
(d) in-service and continuing education
activities sponsored by hospitals, public and private human service agencies
and schools which have been approved for continuing education credit by the
above organizations.
(e) Credit
hours assigned by sponsoring organizations for independent study projects will
be accepted by the Office.
(f)
Professional development programs, regardless of format, approved by N.A.S.W.,
N.A.S.W. Vermont, Council on Social Work Education, or A.S.W.B. qualify as
approved continuing education programs.
(g) No more than five hours may be claimed
for informal or self-directed educational activities. This includes eligible
study groups and viewing of educational or training videos, on line offerings
or taped programs.
Section
6.9 Documentation and Retention of Records
Licensees maintain the following evidence of continuing
education for four years and shall make available to the Office upon
request:
(a) documentation of formal
educational activities should include programs listing content and speakers,
date offered, actual hours of attendance, certification of attendance, course
outlines, statements of attendance signed by the instructor, pamphlets, brief
summary of work content, and transcripts, if applicable.
(b) documentation of informal educational
activities shall include outline of curriculum, objectives, names, addresses
and qualifications of speakers or leaders, names and addresses of other
participating members, and annotated bibliographies as appropriate, and
verification of attendance.
Section
6.10 Continuing Education Audits
(a) The Office will conduct continuing
education audits of randomly selected licensees as well as licensees whose
licenses are conditioned. The Office may also audit late renewing licensees,
and licensees who in any of the preceding two renewal cycles were initially
found to have not met continuing education renewal requirements.
(b) When a licensee appears on the audit
list, the Office will request documentation from the licensee showing a
detailed account of the various credits claimed. The Office will review the
documentation and determine if continuing education requirements have been
satisfied.
(c) Under
3 V.S.A. §
129(k) the Director may give
a licensee 90 days to develop and complete a corrective plan to correct any
deficiencies in his or her continuing education requirements.
(d) Failure to comply with a corrective plan
may result in disciplinary action.
3 V.S.A. §
129a(a)
(4).
Part 7 DISCLOSURE
Section
7.1 Disclosure of Information
(a)
As used in this Part 7 only, the term "Social Worker" includes both an
L.I.C.S.W. and a person in supervised practice toward licensure as a
L.I.C.S.W.
(b) Each social worker
shall disclose to each client the following information, printed or typed in
easily readable format:
(1) The Social
Worker's professional qualifications and experience, including; and
(A) all relevant graduate programs attended
and all graduate degrees and certificates earned, including the full legal name
of the granting institution, and
(B) a brief description of any special
qualifications and areas of practice.
(2) A copy of the statutory definitions of
unprofessional conduct (
26 V.S.A. §
3210, 3 V.S.A. § 129a ).
(3) Information on the process for filing a
complaint with, or making a consumer inquiry to the Director.
(4) Sample disclosure forms are available
from the Office.
(c)
Each master's social worker shall disclose to each client:
(1) a copy of the statutory definitions of
unprofessional conduct (
26 V.S.A. §
3210 and 3 V.S.A. § 129a );
(2) Information on the process for filing a
complaint with, or making a consumer inquiry to the Director.
(3) Sample disclosure forms are available
from the Office.
(d)
Social worker's employed by a designated agency which provides to each client
disclosure regarding:
(1) those actions that
constitute unprofessional conduct;
(2) the method for filing a complaint or
making a consumer inquiry;
(3) the
client's right to receive full individual disclosure as provided for Social
workers are not employed by designated agencies; are not required to make
individual disclosures to each client unless specifically requested by the
client. If requested by the client, the Social Worker must document the
disclosure as required by these rules.
Section 7.2 Definition
Disclosure means, at a minimum:
(a) posting the information and informing the
client where the information is posted, or
(b) having the information printed,
displaying the printed information in an easily accessible location, and
informing the client where the information is displayed, or
(c) having the information printed and
directly handing a copy of the information to the client.
Section 7.3 Timing of Disclosure
(a) Not later than the third office visit,
the Social Worker required to make individual disclosures shall present to the
client for signature a document stating that the information required to be
disclosed above was disclosed to the client. The Social Worker shall also sign
the document and shall retain the signed original. If, by the third office
visit, disclosure cannot be made, or the client declines to sign, the Social
Worker shall prepare and sign a written statement explaining the omission,
which shall be retained in place of the signed copy.
(b) Social Worker who provides psychotherapy
services to an institutionalized client shall not be required under this rule
to repeat information already disclosed to the client pursuant to requirements
of other governmental regulatory agencies such as the Joint Commission on
Accreditation of Healthcare Organizations (JCAHO). However, in such cases, the
Social Worker shall obtain from the client the signed document required in the
paragraph immediately preceding, clearly indicating that the information
required to be disclosed under this rule was disclosed to the client pursuant
to the requirements of this rule or the requirements of another governmental
regulatory agency.
(c) When the
client is not able to understand the disclosure, as in the case of an
institutionalized person, a minor, or an adult who is under the supervision of
a guardian, the disclosure shall be made to a parent or legal
guardian.
(d) The Director may
audit a Social Worker's records of information disclosure. Social Workers to be
audited may be selected at random.
