DEPARTMENT OF STATE

Division of Professional Regulation

3900 Board of Clinical Social Work Examiners

24 DE Admin. Code 3900

Statutory Authority: 24 Delaware Code,

Section 3906(1) (24 Del.C. §3906(1))

FINAL

ORDER

After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on June 20, 2005 at a scheduled meeting of the Delaware Board of Clinical Social Work Examiners (“the Board”) to receive comments on its proposal to amend regulation 7.2.1.1 regarding the Definition and Scope of Continuing Education to add that the Board will accept for continuing education credit all courses designated for clinical social workers which are offered by the Clinical Social Work Federation (CSWF). The proposed regulation was published in the Register of Regulations, Vol. 8, Issue 11, May 1, 2005.

Summary of the Evidence and Information Submitted

No written comments were received.

The Board received public comment at the hearing from Candita Weber. Specifically Ms. Weber questioned whether the inclusion Clinical Social Work Federation (CSWF) as an approved provider would exclude a licensee from submitting for approval continuing education credit for courses offered by other providers.

Findings of Fact with Respect to the Evidence and Information Submitted

Based upon the evidence received, the Board finds the following facts to be supported by the evidence:

1. There were no written comments submitted in regard to hearing concerning the proposed amendments to the Regulations.

2. The Board heard public comment from Candita Weber. The addition of the Clinical Social Work Federation (CSWF) as an authorized provider does not make CSWF the exclusive provider for continuing education. Rule 7.2.1 provides that the Board will accept for continuing education those courses designated for social workers offered by the Association of Social Work Boards (ASWB) and the National Association of Social Work (NASW) and the American Psychological Association (APA). In addition, a licensee may have any other course evaluated for acceptability at the time the course is submitted for license renewal. The Board finds that no change is required to the proposed regulation as a result of the public comment.

3. The Board proposed to amend regulation 7.2.1.1 in response to the written request of the CSWF to be designated as an authorized provider in order to have its courses for clinical social workers accepted by the Board for continuing education credit. The CSWF submitted that it is the only national organization that represents clinical social workers exclusively and should be approved as an authorized provider.

4. The Board reviewed the materials submitted by Abigail P. Grant, MSW, President, CSWF, in support of its request. The Board proposed to amend regulation 7.2.1.1 to include CSWF as an approved provider based on its review of the materials.

5. The Board is persuaded that CSWF is an acceptable continuing education provider and therefore approves CSWF as an authorized provider. Courses provided by CSWF will be accepted for continuing education credit provided they are designated for clinical social workers and comply with the remainder of the requirements set forth in Rule 7.2 and its applicable subparts.

Decision and Effective Date

The Board hereby adopts the proposed amendments to its rules and regulations to be effective 10 days following publication of this Order in the Register of Regulations.

Text and Citation

The text of the rule remains as published in Register of Regulations, Vol. 8, Issue 11, May 1, 2005, without any changes and as attached hereto as Exhibit A.

SO ORDERED this 20th day of June, 2005.

BOARD OF CLINICAL SOCIAL WORK EXAMINERS

Dr. Maria Carroll, Professional Member, President

Gloria Ho-Ruggiero, Professional Member, Vice President

Robb H. Carter, Public Member

Ralph F. Robinson, Jr., Professional Member

7.0 Continuing Education

7.1 Required Continuing Education Hours:

7.1.1 Hours Required. All licensees must complete forty-five (45) hours of continuing education during each biennial license period. For license periods beginning January 1, 2005 and thereafter, documentation, as required by Rule 7.4, of all continuing education hours must be submitted to the Board for approval by October 31 of each biennial license period.

7.1.2 Proration. At the time of the initial license renewal, some individuals will have been licensed for less than two (2) years. Therefore, for these individuals only, the continuing education hours will be prorated as follows:

License Granted During First Credit Hours

Year Of Licensing Period Required

January 1 - June 30 35 hours

July 1 - December 31 25 hours

License Granted During Second Credit Hours

Year Of Licensing Period Required

January 1 - June 30 15 hours

July 1 - December 31 5 hours

7.1.3 Hardship. A candidate for license renewal may be granted an extension of time in which to complete continuing education hours upon a showing of good cause. “Good Cause” may include, but is not limited to, disability, illness, extended absence from the jurisdiction and exceptional family responsibilities. Requests for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period, along with payment of the appropriate renewal fee. No extension shall be granted for more than 120 days after the end of the licensing period. If the Board does not have sufficient time to consider and approve a request for hardship extension prior to the expiration of the license, the license will lapse upon the expiration date and be reinstated upon completion of continuing education pursuant to the hardship exception.

2 DE Reg 775 (11/1/98)

7.2 Definition and Scope of Continuing Education:

7.2.1 Continuing Education is defined to mean acceptable courses offered by colleges and universities, televised and internet courses, independent study courses which have a final exam or paper, workshops, seminars, conferences and lectures oriented toward the enhancement of clinical social work practice, values, skills and knowledge, including self-directed activities as described herein. The following types of courses are NOT acceptable for credit: business, computer, financial, administrative or practice development courses or portions of courses.

7.2.1.1 The Board will accept for continuing education credit all courses designated for clinical social workers which are offered by the Association of Social Work Boards (ASWB), the National Association of Social Work (NASW), the Clinical Social Work Federation (CSWF) and the American Psychological Association (APA) approved providers. Other courses will be evaluated for acceptability at the time they are submitted for license renewal. The Board will no longer “pre-approve” continuing education courses.

7.2.1.2 Acceptable Courses, other than those approved pursuant to Rule 7.2.1.1, shall be courses which: increase the licensed clinical social worker’s knowledge about skill in diagnosing and assessing, skill in treating, and/or skill in preventing mental and emotional disorders, developmental disabilities and substance abuse; AND are instructed or presented by persons who have received specialized graduate-level training in the subject, or who have no less than two (2) years of practical application or research experience pertaining to the subject.

7.2.1.2.1 Mental and Emotional Disorders, Developmental Disabilities and Substance Abuse are those disorders enumerated and described in the most current Diagnostic and Statistical Manual including, but not limited to, the V Codes and the Criteria Sets and Axes provided for further study.

7.2.2 The Board may, upon request, review and approve credit for self-directed activities, to a maximum of 10 hours per biennial licensing period. A licensee must obtain pre-approval of the Board prior to undertaking the self-directed activity in order to assure continuing education credit for the activity. Any self-directed activity submitted for approval must include a written proposal outlining the scope of the activity, the number of continuing education hours requested, the anticipated completion date(s), the role of the licensee in the case of multiple participants (e.g. research) and whether any part of the self-directed activity has ever been previously approved or submitted for credit by the same licensee.

7.2.2.1 Self-Directed Activity shall include teaching, research, preparation and/or presentation of professional papers and articles, and other activities specifically approved by the Board, which may include one or more of the following. The Board shall require documentation of each activity as noted below:

7.2.2.1.1 Publication of a professional clinical social work-related book, or initial preparation/presentation of a clinical social work-related college or university course (maximum of 10 hours);

7.2.2.1.1.1 Required documentation shall be proof of publication, or syllabus of course and verification that the course was presented.

7.2.2.1.2 Publication of a professional clinical social work-related article or chapter of a book (maximum of 5 hours);

7.2.2.1.2.1 Required documentation shall be reprint of publication(s).

7.2.2.1.3 Initial preparation/presentation of a professional clinical social work-related continuing education course/program (maximum of 2 hours, in addition to number of hours actually attended at the course/program) (Will only be accepted one time for any specific program);

7.2.2.1.3.1 Required documentation shall be outline, syllabus agenda and objectives for course and verification that the course was presented.

7.2.2.1.4 One year of Field instruction of graduate students in a Council on Social Work Education-accredited school program, in a clinical setting (maximum of 2 hours);

7.2.2.1.4.1 Required documentation shall be a letter of verification from school of social work.

7.2.2.1.5 Participation in formal clinical staffings at federal, state or local social service agencies, public school systems or licensed health facilities and licensed hospitals (maximum of 5 hours);

7.2.2.1.5.1 Required documentation shall be a signed statement from the agency, school system, facility or hospital, from a supervisor other than the licensee, including date and length of staffing.

7.2.3 Any program submitted for continuing education hours must have been attended during the biennial licensing period for which it is submitted. Excess credits may not be carried over to the next licensing period.

7.2.4 An “hour” for purposes of continuing education credit shall mean 50 (fifty) minutes of instruction or participation in an appropriate course or program. Meals and breaks shall be excluded from credit.

7.3 Continuing Education Hourly Requirements:

During each biennial licensing period, licensees shall complete a minimum of forty-five (45) hours of continuing education. At least three (3) of the 45 hours shall consist of courses acceptable to the Board in the area of ethics for mental health professionals.

7.4 Continuing Education Reporting and Documentation

7.4.1 Continuing Education Reporting Periods.

Licenses are valid for 2 year periods, renewing on January 31 of odd numbered years (e.g. January 31, 2005, 2007). Continuing education (CE) reporting periods run from November 1 to October 31 of the preceding two even-numbered years. Beginning with the January 2005 license renewal, all required continuing education shall be completed within the previous two year November to October period (e.g. between November 1, 2002 and October 31, 2004 for January 2005 renewal). The Board shall continue to have the discretion, however, to grant extensions of time in which to complete continuing education in cases of hardship, pursuant to 24 Del.C. §3912 and Rule 7.1.3.

7.4.2 In order to assure receipt of continuing education credits, a licensee must complete and submit the appropriate continuing education form provided by the Division of Professional Regulation no later than October 31st preceding the start of the next biennial licensing period.

7.4.3 In addition to the form, each licensee must submit the following documentation as to each course attended: a certificate of attendance or completion signed by the presenter and attesting to the number of hours the licensee attended and identifying the date and location of the course.

7.4.4 Prior to the end of each renewal period, the Board shall conduct a random audit of licensees to verify compliance with continuing education for that renewal period. Upon request from the Board, an audited licensee will be required to submit, in addition to the documents noted above, copies of agenda, outline and brochure, for each course submitted for credit. Originals or photocopies will be accepted and retained by the Board. The Board reserves its right to request additional documentation to verify CE compliance.

7.4.5 In addition to licensees selected for random audit, the Board also may request additional supporting documentation from any licensee whose renewal materials, as required by Rules 7.4.2 and 7.4.3, raise questions as to the completion or acceptable content of the course(s).

2 DE Reg 1680 (6/1/00)

4 DE Reg 1815 (5/1/01)

7 DE Reg 1667 (6/1/04)

8 DE Reg 880 (12/1/04)

9 DE Reg 265 (08/01/05) (Final)

*Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Clinical Social Work Examiners is available at:

http://dpr.delaware.gov/boards/socialworkers/index.shtml