12 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2002-005

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BOARD OF SOCIAL WORK DIRECTOR’S OFFICE

SOCIAL WORK - GENERAL RULES

 

Filed with the Secretary of State on

The rules take effect 7 days after filing with the Secretary of State.

 

(By authority conferred on the board of social workers by section 308 of Act No. 299 of the Public Acts of 1980, as amended, being §339.308 of the Michigan Compiled Laws DIRECTOR OF THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BY SECTION 18501 OF ACT NO. 368 OF THE PUBLIC ACTS OF 1978, AS AMENDED, 1978 PA 368, MCL 333.1101 ET SEQ. AND EXECUTIVE ORDER NO. 1996-1 AND 1996-2, MCL 330.3101 AND 445.2001)

 

R 338.2901, R 338.2906, R 338.2906a, R 338.2908, R 338.2909, and    R 338.2910 of the Michigan

Administrative Code are amended, and R 338.2908a, R 338.2908b, R 338.2908c, and R 338.2908d are added to the Code, and R 338.2905 is rescinded as follows:

 

R 338.2901 Definitions.

Rule 1. (1) As used in these rules:

(a)     "Act" means Act No. 299 of the Public Acts of 1980, as amended, being §339.101 § 1978 PA 368, MCL 333.1101 et seq. of the Michigan Compiled Laws, and known as the occupational PUBLIC HEALTH code.

(b)    "Board" means the board of examiners of social workers SOCIAL WORK.

(2)    As used in section 1604 18507 of the act, "an associate degree in social work at an approved A college APPROVED BY THE BOARD which THAT includes supervised instructional field experience" means an associate degree from a program that requires completion of not less than 15 18 semester HOURS or 24 NOT LESS THAN 27 quarter hours of social work courses and the completion of a SOCIAL WORK field placement or internship of not less than 350 hours under the supervision of a certified social worker. THIS SUBRULE TAKES EFFECT 1 YEAR AFTER THE EFFECTIVE DATE OF THESE AMENDATORY RULES.

(3)   As used in section 1604 18507 of the act, "2 years of college"

means the completion of 60 semester or 90 quarter hours of college-level courses, including not less than 15 18 semester HOURS or 24

NOT LESS THAN 27 quarter hours of social work courses and the completion of a SOCIAL WORK field placement or internship of not less

than 350 hours under the supervision of a certified social worker. THIS SUBRULE TAKES EFFECT 1 YEAR AFTER THE EFFECTIVE DATE OF THESE AMENDATORY RULES.

(4) As used in section 1606 of the act, "equivalent" means a master's degree in any of the following areas:

 

 

(a) Social work. (b) Social welfare.

(c) Social service administration.  (d) Social service.

(e) Social development.

(f)Applied social sciences. (g) Social administration.

(h) Social work and social research. (i) Social work and human services. (j) Social and community services.  (k) Social relations.

(l) Social and health resources.

(5) Terms defined in the act have the same meanings when used in these rules.

 

R 338.2905 Interpretation of recognized agency.RESCINDED.

Rule 5. Recognized agency includes but is not limited to those agencies, organizations or institutions where persons regularly practice social work under adequate supervision. Use of the term recognized agency shall apply to both paid employment and voluntary service. Any other agency or institution will be considered by the board on an individual basis.

 

R 338.2906 Educational standards; adoption by reference.

Rule 6. (1) The board adopts by reference in these rules the standards of the council on social work education for the accreditation of social work education programs as set forth in the publication entitled "Handbook of Accreditation Standards and Procedures, Revised January 1988," 4TH EDITION which is available FOR INSPECTION from the office of the Board of Examiners of Social Workers, Bureau of  Occupational and Professional Regulation, Michigan Department of Commerce, P.O. Box 30018,  Lansing, Michigan 48909, BOARD OF SOCIAL WORK, BUREAU OF HEALTH SERVICES, MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, 611 WEST OTTAWA,

LANSING, MI 48909, or from the Council on Social Work Education, 1744 R Street NW, Washington,  DC 20009, 1725 DUKE STREET, SUITE 500, ALEXANDRIA, VA 22314-3457 at a cost as of the time

of adoption of these rules of $23.00. $35.00. A COPY OF THIS PUBLICATION MAY BE PURCHASED FROM THE COUNCIL ON SOCIAL WORK EDUCATION BY CALLING 1-703-683- 8080 OR VIA THE COUNCIL’S INTERNET WEB-SITE AT HTTP:WWW.CSWE.ORG. Completion

of an accredited social work education program at the level required by the act shall be evidence of completion of a program acceptable to the department and approved by the board. Any other program that is submitted by an applicant shall be evaluated by the board to determine the program's equivalence to the standards of an accredited program.

(2)   THE BOARD ADOPTS BY REFERENCE THE RECOGNITION STANDARDS AND CRITERIA OF THE COUNCIL FOR HIGHER EDUCATION ACCREDITATION (CHEA), EFFECTIVE JANUARY 1999, AND THE PROCEDURES AND CRITERIA FOR RECOGNIZING POSTSECONDARY ACCREDITING AGENCIES OF THE U.S. DEPARTMENT OF EDUCATION, EFFECTIVE JULY 1, 2000. COPIES OF THE STANDARDS AND CRITERIA OF THE COUNCIL FOR HIGHER EDUCATION ACCREDITATION AND THE U.S. DEPARTMENT OF EDUCATION ARE AVAILABLE FOR INSPECTION AT THE BOARD OF SOCIAL WORK, BUREAU OF HEALTH SERVICES, DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, 611 WEST OTTAWA, P.O. BOX 30670, LANSING, MI 48909. THE CHEA RECOGNITION STANDARDS ALSO    MAY    BE    OBTAINED    FROM    THE    COUNCIL    FOR    HIGHER    EDUCATION

 

 

ACCREDITATION, ONE DUPONT CIRCLE NW, SUITE 510 WASHINGTON, DC 20036-1110, OR FROM THE COUNCIL’S WEBSITE AT HTTP:WWW.CHEA.ORG AT NO COST. THE FEDERAL RECOGNITION CRITERIA MAY BE OBTAINED FROM THE U.S. DEPARTMENT OF EDUCATION, OFFICE OF POSTSECONDARY EDUCATION, 1990 K STREET NW, WASHINGTON, DC 20006 OR FROM THE DEPARTMENT’S WEBSITE AT HTTP:WWW.ED.GOV/OFFICES/OPE AT NO COST.

(3)      THE BOARD ADOPTS BY REFERENCE THE STANDARDS OF THE FOLLOWING POSTSECONDARY ACCREDITING ORGANIZATIONS, WHICH MAY BE OBTAINED FROM THE INDIVIDUAL ACCREDITING ORGANIZATION AT THE IDENTIFIED COST:

(A)      THE STANDARDS OF THE MIDDLE STATES ASSOCIATION OF COLLEGES AND SCHOOLS, COMMISSION ON HIGHER EDUCATION, 3624 MARKET STREET, PHILADELPHIA, PA 19104, SET FORTH IN THE DOCUMENT ENTITLED “CHARACTERISTICS OF EXCELLENCE IN HIGHER EDUCATION: ELIGIBILITY REQUIREMENTS AND STANDARDS FOR ACCREDITATION”, 2002 EDITION, WHICH IS AVAILABLE FREE OF CHARGE ON THE ASSOCIATION’S WEBSITE AT HTTP:WWW.MSACHE.ORG OR FOR PURCHASE AT A COST OF $6.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(B)       THE STANDARDS OF THE NEW ENGLAND ASSOCIATION OF SCHOOLS AND COLLEGES, INC., COMMISSION ON INSTITUTIONS OF HIGHER EDUCATION, 209 BURLINGTON ROAD, BEDFORD, MA 07130, SET FORTH IN THE DOCUMENT ENTITLED “STANDARDS FOR ACCREDITATION”, 2001 EDITION, WHICH IS AVAILABLE FREE OF CHARGE ON THE ASSOCIATION’S WEBSITE AT HTTP:WWW.NEASC.ORG OR FOR PURCHASE AT A COST OF $5.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(C)  THE STANDARDS OF THE NORTH CENTRAL ASSOCIATION OF COLLEGES AND SCHOOLS, THE HIGHER LEARNING COMMISSION, 30 NORTH LASALLE STREET, SUITE 2400, CHICAGO, IL 60602, SET FORTH IN THE DOCUMENT ENTITLED “HANDBOOK OF ACCREDITATION”, SECOND EDITION, WHICH IS AVAILABLE FOR PURCHASE THROUGH THE ASSOCIATION’S WEBSITE AT HTTP:WWW.NCAHIGHERLEARNINGCOMMISSION.ORG AT A COST OF $18.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(D)   THE STANDARDS OF THE NORTHWEST ASSOCIATION OF SCHOOLS, COLLEGES, AND UNIVERSITIES, THE COMMISSION ON COLLEGES AND UNIVERSITIES, 8060 165TH AVENUE NE, SUITE 100, REDMOND, WA 98052, SET FORTH IN THE DOCUMENT ENTITLED “ACCREDITATION HANDBOOK”, 1999 EDITION, WHICH IS AVAILABLE FOR PURCHASE THROUGH THE ASSOCIATION’S WEBSITE AT HTTP:WWW.NWCCU.ORG AT A COST OF

$12.00 AS OF THE TIME OF ADOPTION OF THESE RULES,

(E)    THE STANDARDS OF THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS, COMMISSION ON COLLEGES, 1866 SOUTHERN LANE, DECATUR, GA 30033, SET FORTH IN THE DOCUMENT ENTITLED “CRITERIA FOR ACCREDITATION” 1998 EDITION, WHICH IS AVAILABLE FREE OF CHARGE ON THE ASSOCIATION’S WEBSITE AT HTTP:WWW.SACSCOC.ORG OR FOR PURCHASE AT A COST OF $12.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(F)   THE STANDARDS OF THE WESTERN ASSOCIATION OF SCHOOLS AND COLLEGES, THE ACCREDITING COMMISSION FOR SENIOR COLLEGES AND UNIVERSITIES, 985 ATLANTIC AVENUE, SUITE 100, ALAMEDA, CA 94501, SET FORTH IN THE DOCUMENT ENTITLED “2001 HANDBOOK OF ACCREDITATION”, WHICH IS AVAILABLE FREE OF CHARGE ON THE COMMISSION’S WEBSITE AT HTTP:WWW.WASCWEB.ORG OR FOR PURCHASE AT A COST OF $20.00 AS OF THE TIME OF ADOPTION OF THESE RULES.

(G)    THE STANDARDS OF THE WESTERN ASSOCIATION OF SCHOOLS AND COLLEGES, ACCREDITING    COMMISSION    FOR    COMMUNITY    AND    JUNIOR    COLLEGES,    3402

 

 

MENDOCINO AVENUE, SANTA ROSA, CA 95403, SET FORTH IN THE DOCUMENT ENTITLED “THE HANDBOOK OF ACCREDITATION AND POLICY MANUAL”, 2002 EDITION, WHICH IS AVAILABLE FREE OF CHARGE ON THE COMMISSION’S WEBSITE AT HTTP:WWW.WASCWEB.ORG.

 

R 338.2906a Experience; general requirements; social work technician, social worker, certified social worker.

Rule 6a. (1) In addition to the standards specified in subrules (2) to (4) of this rule, all experience submitted by an applicant for registration at any level shall be in compliance with both of the following requirements:

(a)    The experience shall have been obtained after the completion of the education required for that level.

(b)      The experience shall have been completed under the supervision of a Michigan certified social worker or a person who holds the equivalent license, certificate, or registration from a state that regulates social work. If an applicant presents experience obtained in a state that does not regulate social work, the experience shall have been obtained under the supervision of a person who possesses a master's degree in social work.

(2)    Qualifying experience for an applicant for registration as a social work technician under section  1604 18507 of the act means maintaining familiarity with both professional and self-help systems in the community and the delivery of social WORK services through either of the following:

(a)     Interviewing clients to obtain data and provide information about available services and providing specific assistance to help people utilize community resources.

(b)      Conducting case-finding activities in the community and encouraging and providing linkages to available services.

(3)   Qualifying experience for an applicant for registration as a social worker under section 1605 18509 of the act means any of the following:

(b)    Case management of health and human services.

(c)    Providing information and referring people to resources and monitoring the results.

(d)     Planning and collaborating with communities, organizations, or groups to improve their social or health services.

(4)    Qualifying experience for an applicant for registration as a certified social worker under section  1606 18511 of the act means either of the following:

(a)     Psychosocial assessment, diagnosis, or treatment of mental, emotional, and behavioral disorders or planning and intervention with individuals, couples, families, or groups by providing counseling, psychotherapy, social casework, or social group work. A THERAPEUTIC INTERVENTION WITH AN INDIVIDUAL, A COUPLE, A  FAMILY OR  A GROUP THROUGH  THE PROVISION OF INDIVIDUAL, FAMILY, OR GROUP COUNSELING OR PSYCHOTHERAPY, OR THROUGH SOCIAL CASEWORK OR GROUP WORK.

(b)     Helping communities, organizations, or groups improve their social or health services by utilizing community organization techniques.

 

R 338.2908 LEVEL OF Registration; NONRENEWAL OF REGISTRATION.

Rule 8. (1) If the board determines that the applicant does not qualify for the level applied for, it shall drop the applicant to the proper level. This is not to be construed to deny the applicant his OR HER right to appeal the board decision.

 

 

(2) As soon as possible after a candidate's application for registration has been approved by the board it shall issue a registration which, among other pertinent information, shall bear the date of expiration and the registration number.

(3) Letters of inquiry from candidates are considered partial or complete applications when received prior to the availability of forms.

(4) The board shall provide a written explanatory statement to any applicant denied registration for any reason.

(2) IF AN INDIVIDUAL WAS ENROLLED IN A GRADUATE PROGRAM IN SOCIAL WORK AT THE TIME OF OBTAINING A SOCIAL WORKER REGISTRATION UNDER SECTION 18509 OF THE ACT BUT DID NOT COMPLETE THE PROGRAM AND WAS NO LONGER ENROLLED IN THE PROGRAM, AND HAD NOT MET THE OTHER REQUIREMENTS OF SECTION 18509, THEN THE INDIVIDUAL NO LONGER IS ELIGIBLE TO RENEW A REGISTRATION UNDER SECTION 18509 OF THE ACT. THE PERSON WHO HOLDS A SOCIAL WORK REGISTRATION IS RESPONSIBLE FOR NOTIFYING THE DEPARTMENT THAT HE OR SHE HAS NOT MET THE ABOVE REQUIREMENTS.

 

R 338.2908A SOCIAL WORK REGISTRATION BY EXAMINATION; REQUIREMENTS; GRADUATES OF SCHOOLS IN COMPLIANCE WITH BOARD STANDARDS.

RULE 8A. (1) AN APPLICANT FOR SOCIAL WORK REGISTRATION BY EXAMINATION SHALL SUBMIT A COMPLETED APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT, TOGETHER WITH THE REQUISITE FEE. IN ADDITION TO MEETING THE REQUIREMENTS OF THE CODE AND ADMINISTRATIVE RULES PROMULGATED UNDER THE CODE, AN APPLICANT FOR SOCIAL WORK REGISTRATION BY EXAMINATION SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS:

(A)   GRADUATION FROM A BACCALAUREATE DEGREE PROGRAM THAT COMPLIES WITH THE STANDARDS SET FORTH IN R 338.2906.

(B)  COMPLETION OF 2 OR MORE YEARS OF SOCIAL WORK EXPERIENCE, AS REQUIRED IN SECTION 18509 OF THE ACT.

(2) FOR AN APPLICATION FILED ON OR AFTER JANUARY 1, 2004, IN ADDITION TO MEETING THE REQUIREMENTS OF SUBDIVISIONS (A) AND (B) OF SUBRULE (1), AN APPLICANT SHALL HAVE PASSED THE BASIC EXAMINATION.

 

R 338.2908B CERTIFIED SOCIAL WORK REGISTRATION BY EXAMINATION; REQUIREMENTS; GRADUATES OF SCHOOLS IN COMPLIANCE WITH BOARD STANDARDS.

RULE 8B. (1) AN APPLICANT FOR CERTIFIED SOCIAL WORK REGISTRATION BY EXAMINATION SHALL SUBMIT A COMPLETED APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT, TOGETHER WITH THE REQUISITE FEE. IN ADDITION TO MEETING THE REQUIREMENTS OF THE CODE AND ADMINISTRATIVE RULES PROMULGATED UNDER THE CODE, AN APPLICANT FOR CERTIFIED SOCIAL WORK REGISTRATION BY EXAMINATION SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS:

(A)      GRADUATION FROM A MASTER’S DEGREE PROGRAM FROM AN ACCREDITED SCHOOL OF SOCIAL WORK THAT COMPLIES WITH THE STANDARDS IN R 338.2906.

(B)   COMPLETION OF 2 OR MORE YEARS OF SOCIAL WORK EXPERIENCE AS REQUIRED IN SECTION 18511 OF THE ACT.

 

 

(2) FOR AN APPLICATION FILED ON OR AFTER JANUARY 1, 2004, IN ADDITION TO MEETING THE REQUIREMENTS OF SUBDIVISIONS (A) AND (B) OF SUBRULE (1), AN APPLICANT SHALL HAVE PASSED THE CLINICAL EXAMINATION.

 

R 338.2908C SOCIAL WORK REGISTRATION EXAMINATION; PASSING SCORES.

RULE 8C. THE BOARD APPROVES AND ADOPTS THE BASIC SOCIAL WORK EXAMINATION DEVELOPED AND SCORED BY THE ASSOCIATION OF SOCIAL WORK BOARDS. A PASSING SCORE ON THE EXAMINATION SHALL BE A CONVERTED SCORE OF NOT LESS THAN 75.

 

R 338.2908D CERTIFIED SOCIAL WORK REGISTRATION EXAMINATION; PASSING SCORES.

RULE 8D. THE BOARD APPROVES AND ADOPTS THE CLINICAL SOCIAL WORK EXAMINATION DEVELOPED AND SCORED BY THE ASSOCIATION OF SOCIAL WORK BOARDS. A PASSING SCORE ON THE EXAMINATION SHALL BE A CONVERTED SCORE OF NOT LESS THAN 75.

 

R 338.2909 Unprofessional PROHIBITED conduct.

Rule 9. Unprofessional PROHIBITED conduct includes, but is not limited to, the following acts or omissions by a certified social worker, social worker, or social work technician:

(a) Violation of any provision of section 14 18513 of the act, on privileged communication.

(b) In any manner or by any means paying or giving a valuable consideration or gratuity of any kind to a  person or agency in return for the recommending of a client.

(c) In any manner or by any means splitting a fee or charge with a person or participating in fee-  splitting. This does not preclude group practice.

(d)Immoral conduct in the practice of social work.

(e)   (A) Willful or negligent failure to provide or arrange for provision of continuity of necessary service.  (f) Being convicted of committing a crime involving sex offenses and assaults.

(g)   (B) Refusing to provide professional service to a person because of the person's race, creed, color, national origin, age or , sex, SEXUAL ORIENTATION, OR DISABILITY.

(h) Practicing while the registration is suspended or after the registrant has willfully failed to register or  notify the department of any change of name or mailing address.

(i) Using terminology or initials which advertises, states or implies that the registrant has a type of  training and professional status that he does not have, even though the title might have been granted by a national society and the title is registered to the society. The registrant shall not use the title since the title itself is misleading so far as the act is concerned.

(C)    INVOLVEMENT IN A DUAL RELATIONSHIP WITH A CLIENT OR A FORMER CLIENT AND/OR A CLIENT’S OR FORMER CLIENT’S IMMEDIATE FAMILY IN WHICH THERE IS A RISK OF EXPLOITATION OR HARM TO THE CLIENT.

(D)  INVOLVEMENT IN A CONFLICT OF INTEREST THAT INTERFERES WITH THE EXERCISE OF PROFESSIONAL DISCRETION OR MAKES A CLIENT’S INTERESTS SECONDARY.

(E)      TAKING ADVANTAGE OF ANY PROFESSIONAL RELATIONSHIP OR EXPLOITING OTHERS TO FURTHER THE SOCIAL WORKER’S PERSONAL, RELIGIOUS, POLITICAL, AND/OR BUSINESS/FINANCIAL INTERESTS.

(F)    INVOLVEMENT IN OR SOLICITING A SEXUAL RELATIONSHIP WITH A CLIENT OR MEMBER OR MEMBERS OF THE CLIENT’S IMMEDIATE FAMILY.

 

 

(G)     INVOLVEMENT IN OR SOLICITING A SEXUAL RELATIONSHIP WITH A FORMER CLIENT OR MEMBER OR MEMBERS OF A FORMER CLIENT’S FAMILY WITHIN 3 YEARS OF THE TERMINATION OF TREATMENT, IRRESPECTIVE OF WHETHER THE ACTIONS ARE CONSENSUAL OR FORCED. DISCIPLINARY ACTION IS NOT PRECLUDED AGAINST A PERSON WHO BECOMES INVOLVED IN A SEXUAL RELATIONSHIP WITH A FORMER CLIENT OR MEMBER OR MEMBERS OF A FORMER CLIENT’S FAMILY MORE THAN 5 YEARS AFTER THE TERMINATION OF TREATMENT WHEN THERE IS A RISK OF EXPLOITATION OR HARM TO THE CLIENT.

 

R 338.2910 Unprofessional advertising.

Rule 10. Unprofessional advertising by a social worker consists of either of the following: (a) Preparing PREPARING or consenting to the preparation by action or inaction public announcements that fail to conform to the following professional standards:

(i)    (A) Cards or announcements concerning social work practice shall be limited to a statement of the name, highest relevant degree, registration or diplomate status, address and telephone number, office hours and field of specialization.

(ii)   (B) Brochures, or catalogs, OR OTHER FORMS OF ADVERTISING MEDIA which bear the name of the certified social worker, social worker or social work technician announcing any services, fees, or fee ranges being offered shall describe the services accurately, but shall not claim or imply superior professional competence. The brochures or catalogs may be sent to individual potential clients only in  response to inquiries. The brochures or catalogs may be distributed by incorporated, nonprofit organizations to individuals as part of their general public information services.

(b) Soliciting or advertising for personal patronage for social work services by means of handbills,  posters, circulars, slides, motion pictures, radio, television, newspapers, magazines or other articles or  any other printed publications or mediums except as provided in this rule.