Home » 2014 Issues » May 14, 2014 » EDU-07-14-00002-A Continuing Education Requirements for Licensed Master Social Workers and Licensed Clinical Social Workers
EDU-07-14-00002-A Continuing Education Requirements for Licensed Master Social Workers and Licensed Clinical Social Workers
5/14/14 N.Y. St. Reg. EDU-07-14-00002-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 19
May 14, 2014
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-07-14-00002-A
Filing No. 333
Filing Date. Apr. 29, 2014
Effective Date. May. 14, 2014
Continuing Education Requirements for Licensed Master Social Workers and Licensed Clinical Social Workers
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 74.10 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 (not subdivided), 212(3), 6504 (not subdivided), 6507(2)(a), 7710(1), (2) and (3); and L. 2013, ch. 443
Subject:
Continuing education requirements for Licensed Master Social Workers and Licensed Clinical Social Workers.
Purpose:
The purpose of the rule is to conform the Regulations of the Commissioner of Education to Chapter 443 of the Laws of 2013 that added Section 7710 of the Education Law which requires licensed master social workers and licensed clinical social workers to complete 36 hours of mandatory continuing education when registering to practice in New York State, effective January 1, 2015. The rule also establishes standards for the Department’s approval of continuing education providers, defines acceptable continuing education subjects and educational activities, establishes requirements when there is a lapse in practice, institutes requirements for licensees under conditional registration, and sets fees for licensees and providers.
Text or summary was published
in the February 19, 2014 issue of the Register, I.D. No. EDU-07-14-00002-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS. An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the February 19, 2014 State Register, the State Education Department received the following comments:
1. COMMENT:
Several commenters made requests to revise the number of hours of continuing education.
DEPARTMENT RESPONSE:
Education Law section 7710 establishes a mandatory requirement that each licensed master social worker (LMSW) and licensed clinical social worker (LCSW) complete 36 hours of acceptable continuing education during each three-year registration period.
2. COMMENT:
The commenter asked whether the continuing education requirement is the same for LMSWs and LCSWs.
DEPARTMENT RESPONSE:
Yes.
3. COMMENT:
A definition of continuing education hours could not be found in the proposed rule.
DEPARTMENT RESPONSE:
A definition is provided in section 74.10(h) for continuing education courses, including a minimum of 50 minutes for one hour of continuing education credit, and for credit-bearing courses completed in an approved college or university. The definition also provides that continuing education credit for other acceptable educational activities will be awarded as described in section 74.10(c)(2)(ii)(b).
4. COMMENT:
Several commenters asked whether continuing education hours earned in another jurisdiction or from a provider approved by another organization would be acceptable.
DEPARTMENT RESPONSE:
Other jurisdictions and associations must apply for approval in New York State in order for those hours to be acceptable to the Department.
5. COMMENT:
Several commenters expressed the concern that the proposed $900 application fee for prospective approved providers may limit access to continuing education activities.
DEPARTMENT RESPONSE:
Education Law section 7710(3)(b) requires prospective providers to file an application with the Department and pay a fee; the proposed rule implements this statutory requirement. In addition, the proposed fee is the same amount as for entities that offer continuing education in other licensed professions and is only paid triennially.
6. COMMENT:
If a person earned certification as a psychotherapist at an institute, would credit for the classes and hours of practice be denied if the institute did not pay the $900 fee to register with the Department?
DEPARTMENT RESPONSE:
Yes, the psychotherapy institute must be an approved provider to award continuing education credits for coursework.
7. COMMENT:
Several commenters stated that each licensee knows what learning activities he or she needs and expressed concerns that the proposed subjects were too limited.
DEPARTMENT RESPONSE:
The proposed rule defines a variety of acceptable continuing education activities and allows LMSWs and LCSWs the flexibility to complete activities that develop and enhance their ability to practice the profession of social work.
8. COMMENT:
Concern was expressed about whether there will be a sufficient number of providers of continuing education and asked whether organizations not specifically listed in section 74.10(i)(2), such as those providing child welfare, homeless services, and aging services, would qualify to become an approved provider?
DEPARTMENT RESPONSE:
Such entities may apply to become an approved provider if they meet the other requirements in section 74.10(i).
9. COMMENT:
Commenters asked whether a Department-approved provider would be able to approve other providers. In addition, commenters expressed interest in their organization becoming a provider or an approver of other providers.
DEPARTMENT RESPONSE:
Only the Department may approve a provider. A Department-approved provider may offer courses that are developed and taught by the provider’s staff or other qualified instructors and is responsible for compliance with the standards established in law and the proposed rule. The approved provider must apply triennially for approval to offer continuing education and is subject to site visits and information requests by the Department to ensure compliance.
10. COMMENT:
Clarify the circumstances under which an employer could award continuing education credit for employees that complete in-service training or case conferences.
DEPARTMENT RESPONSE:
The organization must be approved by the Department to offer continuing education to social workers. In-service training and case conferences must be clearly related to the enhancement of social work practice, skills, and knowledge and the health, safety, and/or welfare of the public.
11. COMMENT:
Must individual social workers seeking to become approved providers of continuing education be incorporated?
DEPARTMENT RESPONSE:
An individual applying to become an approved provider must meet the requirements set forth in the proposed rule. The rule does not require incorporation or any particular form of business organization or structure.
12. COMMENT:
The commenter has cerebral palsy and believes the regulation should allow a licensee to complete continuing education courses by webinar.
DEPARTMENT RESPONSE:
The regulation does not prevent a licensee from completing continuing education courses by webinar. The law and proposed rule allow a licensee to complete a maximum of 12 hours of self-study in each three-year registration period. A self-study program is one that does not include live instruction, in person or otherwise, during which the student may communicate with the instructor and other students. However, webinars and other continuing education offerings during which the student may communicate and interact with others are not considered self-study and are, therefore, not limited.
13. COMMENT:
The time and energy required to attend continuing education activities would discriminate against licensees with disabilities or special needs.
DEPARTMENT RESPONSE:
The law and proposed rule allow the Department to adjust the continuing education requirement for a licensee who documents good cause that prevents compliance, which includes poor health or a specific physical or mental disability certified by an appropriate health care professional.
14. COMMENT:
The following comments and requests were received regarding the required continuing education hours:
• The proposed rule should not require licensees to complete one hour of acceptable continuing education each month for 36 months.
• Clarify the continuing education hours required for an LMSW or LCSW who has not practiced and wants to register his or her license in New York State.
• Could the Department provide a grace period from compliance for a licensee whose next registration period starts within 90 days of January 1, 2015 since approved coursework cannot be completed prior to that date and such a grace period would help licensees meet the requirements?
DEPARTMENT RESPONSE:
The law and proposed rule phase-in the continuing education requirement starting on January 1, 2015, such that each licensee, including one returning to practice, must complete one hour of acceptable continuing education for each month in his or her registration period, after January 1, 2015. However, the licensee is not required to literally complete one hour in each month of the registration period, but is responsible for completing the number of required hours within the specified time period. The law and proposed rule allow the Department to adjust the requirement for good cause; if providers are not approved and courses are unavailable by January 1, 2015, the Department will explore such an option.
15. COMMENT:
Clarification is needed for social workers who are licensed in another jurisdiction and applying for licensure as to whether continuing education completed in another jurisdiction will be acceptable in New York State.
DEPARTMENT RESPONSE:
An individual who is applying for licensure in New York State and who was licensed and registered in another jurisdiction would have to complete coursework acceptable to New York State starting with his or her first registration period in New York State.
16. COMMENT:
Clarify the process by which a licensee, who has not completed the required activities or whose activities were disallowed by a Department audit, could remedy the deficiency.
DEPARTMENT RESPONSE:
The law and proposed rule allow a licensee who has not met the requirement to apply for a conditional registration, for up to one year, to allow him or her to practice during that period. During this period, the licensee could remedy any deficiency and complete the continuing education hours that would otherwise be required during that period. At the end of the conditional registration, the licensee would be eligible to register for the remainder of the registration period.
17. COMMENT:
The proposed rule to allow a licensee to apply for a one-year conditional registration should be very helpful, assuming a number of licensees will require this.
DEPARTMENT RESPONSE:
The commenter’s support of the proposed rule is noted, however, it is not yet known how many licensees will apply for a conditional registration.
18. COMMENT:
Concern was expressed that the cost of continuing education will be borne by the underpaid social workers.
DEPARTMENT RESPONSE:
The cost of approved continuing education programs will vary based on the types of activities that are offered by approved providers. The proposed rule provides a variety of ways in which licensees can complete approved continuing education activities to provide flexibility and allow individuals to find activities that fit their budgets.
19. COMMENT:
Professional development activities unique to school social workers should be considered acceptable subjects, meet the requirements for mandatory continuing education, and exempt the school from the provider application fee.
DEPARTMENT RESPONSE:
A school district, board of cooperative educational services or other qualified organization could apply to become an approved provider of continuing education for licensed social workers and offer coursework relevant to school social work. The Department has determined that the application fee shall be applied to all prospective providers in a uniform manner.
20. COMMENT:
Given the diversity of New York State and the prevalence of bias in society, the commenter recommends that the list of acceptable subjects specifically include race, diversity, cultural and linguistic competency, and the immigrant experience. A broader listing of cross-disciplinary offerings should also be considered.
DEPARTMENT RESPONSE:
The suggested topics and offerings in other disciplines would be allowed within the proposed rule, if the course is clearly related to the enhancement of social work practice, skills, and knowledge and the health, safety, and/or welfare of the public and as long as the Department approves the provider.
21. COMMENT:
School districts would have to provide time off to allow school social workers to participate in continuing education activities. This may result in districts replacing school social workers with school counselors and school psychologists, who do not have to complete mandatory continuing education.
DEPARTMENT RESPONSE:
The proposed rule implementing Education Law section 7710, requiring mandatory continuing education for LMSWs and LCSWs, is statutory and cannot be changed by regulation.
22. COMMENT:
A commenter states that a list of approved providers should be available before the law takes effect, in order to allow licensees to comply with the requirement.
DEPARTMENT RESPONSE:
The Department will strive to approve providers in advance of the statute’s January 1, 2015 effective date. However, the law and proposed rule require that continuing education activities be taken from approved providers on or after January 1, 2015.
23. COMMENT:
The Department should monitor any effect of the law on the number of licensed social workers registered to practice.
DEPARTMENT RESPONSE:
The Department plans to monitor the effect of the law.
24. COMMENT:
New York State should consider the development of a self-assessment tool that, along with periodic retesting, may represent the next generation of tools to be used in assessing continuing competence.
DEPARTMENT RESPONSE:
The commenter’s suggestions may be considered by the Department in the future.
25. COMMENT:
Several commenters requested clarification of section 74.10(i)(3)(vi) which provides that presenters of didactic instruction may be persons who are not licensed by the State of New York as LMSWs or LCSWs but that the performance of activities that fall within the restricted scope of practice of the LMSW or LCSW must be done by individuals who are licensed and registered under Article 154 of the Education Law.
DEPARTMENT RESPONSE:
An unlicensed instructor may provide didactic instruction, including lectures and the use of role-plays, vignettes, and other activities to simulate professional practice. The instructor must be qualified as defined in section 74.10(i)(3)(ii)(c) of the proposed rule, however. The provision is intended to reinforce the provisions of Article 154 that prohibit an unlicensed person from providing professional services to a consumer.
