PROPOSAL
Maryland Register
Issue Date: May 12, 2017
Volume 44 • Issue 10 • Pages 495—497
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 42 BOARD OF SOCIAL WORK EXAMINERS
Notice of Proposed Action
[17-127-P]
The Secretary of Health and Mental Hygiene proposes to amend:
(1) Regulations .03 and .06—.08 under COMAR 10.42.06 Continuing Education Requirements; and
(2) Regulations .02, .04, and .05 under COMAR 10.42.08 Supervision.
This action was considered at a public meeting on January 12, 2017, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/bswe/Pages/Board-Meetings.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Allow the required 3 continuing education units in ethics and professional conduct, including boundary issues, or pertaining to the standards of practice and laws governing the profession of social work in Maryland to count towards the Category II requirement for continuing education units (CEUs) instead of just the Category I requirement;
(2) Require Board-approved supervisors to complete 3 continuing education units in supervision training as part of the Category I or Category II CEU requirement;
(3) Clarify that a State of Emergency is an occurrence for which a licensee may request an extension to complete the requirements or an exception to the requirements of COMAR 10.42.06;
(4) Require the Board to audit licensees who have been granted an exception to the requirements of COMAR 10.42.06;
(5) Provide that a licensee who fails to complete the continuing education requirements within the time frame specified may be subject to informal or formal discipline for failure to meet the requirements;
(6) Clarify that a prolonged illness for which an extension to complete the CEU requirements is being requested must be diagnosed by a health care provider;
(7) Provide that it is a supervisor’s responsibility to demonstrate to the Board completion of 3 CEUs of Category I or Category II activities in a content area focusing on supervision;
(8) Require an approved supervisor to complete the supervision verification form provided by the Board;
(9) Delete regulatory language from the definition of “supervision training”; and
(10) Require, instead of authorize, that supervision training be completed as part of the Category I or Category II CEU requirement.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through June 12, 2017. A public hearing has not been scheduled.
10.42.06 Continuing Education Requirements
Authority: Health Occupations Article, §§19–205 and 19–308, Annotated Code of Maryland
.03 Continuing Education Requirements.
A. The Board shall renew a license for an additional 2-year period if the social worker:
(1) Completes 40 (30 for Licensed Bachelor Social Workers) continuing education units within the renewal period, of which a minimum of:
(a) 20 (15 for Licensed Bachelor Social Workers) continuing education units shall be obtained from approved programs which are Category I; [and]
(b) 3 of the required Category I or Category II continuing education units shall have a content area focusing on ethics and professional conduct, including boundary issues, or pertaining to the standards of practice and laws governing the profession of social work in Maryland; and
(c) For registered and Board-approved supervisors, 3 of the required Category I or Category II continuing education units shall have a content area focusing on supervision as stipulated in COMAR 10.42.08.04A(2)(c);
(2)—(3) (text unchanged)
B. (text unchanged)
.06 Exceptions from Any of the Requirements.
Before attending a program, a social worker requesting an exception from any of the requirements of this chapter shall provide:
A. Official documentation that confirms circumstances beyond the control of the social worker because of:
(1)—(3) (text unchanged)
(4) [Officially] An officially declared [disasters] State of Emergency or disaster; or
(5) (text unchanged)
B.—C. (text unchanged)
D. The Board shall audit a social worker who has been granted an exception from the continuing education requirements.
.07 Reporting, Documenting, and Auditing Compliance with Continuing Education Requirements.
A.—E. (text unchanged)
F. Responsibility for Conducting the Audits.
(1)—(4) (text unchanged)
(5) A licensee who fails to complete the continuing education requirements within the time frame specified under Regulation .03 of this chapter may be subject to informal or formal discipline for failure to meet the requirements.
.08 Extension of Time.
A.—B. (text unchanged)
C. The Board may grant an extension and conditionally renew a license for up to 6 months or reactivate or reinstate a license with an extension not to exceed 1 year if the Board determines that:
(1) Failure to fulfill the requirements is a result of:
(a) Functional impairment or prolonged illness that has been diagnosed by a health care practitioner;
[(b) Prolonged illness;]
[(c)] (b)—[(d)] (c) (text unchanged)
[(e)] (d) An officially declared State of Emergency or disaster; or
[(f)] (e) (text unchanged)
(2) (text unchanged)
D.—F. (text unchanged)
Authority: Health Occupations Article, §§19–101—19–502, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(5) (text unchanged)
(6) [Supervision Training.
(a)] 'Supervision training' means a course or program designed to provide information regarding the supervision process utilized by social workers in a variety of settings as stipulated in Regulation .04A(2)(c) of this chapter.
[(b) 'Supervision training' content areas may include, but are not limited to:
(i) The role and responsibilities of the social work supervisor;
(ii) The needs of the supervisee, supervisor, and the agency setting while maintaining a clear ethical perspective;
(iii) The role of the social work supervisor as gatekeeper to the profession;
(iv) Methods for building effective and appropriate relationships with clients;
(v) Methods for group supervision; and
(vi) Models and modalities for practice intervention.
(c) 'Supervision training' may be obtained in:
(i) Category I; or
(ii) Category II.]
(7)—(8) (text unchanged)
.04 Qualifications, Education, and Responsibilities of a Supervisor.
A. Qualifications.
(1) (text unchanged)
(2) Education.
(a)—(b) (text unchanged)
(c) Supervision training required in §A(2)(a) of this regulation [may] shall be obtained in Category I or Category II and may include, but is not limited to:
(i)—(vi) (text unchanged)
(3) (text unchanged)
B.—C. (text unchanged)
.05 Responsibilities of a Supervisor.
A. Responsibilities. A supervisor shall:
(1)—(5) (text unchanged)
(6) Ensure that a supervisee has read and is knowledgeable about Health Occupations Article, Title 19, Annotated Code of Maryland, and COMAR 10.42.01—10.42.08; [and]
(7) Within a reasonable period of time before termination of supervision, provide the supervisee and employer with a notice of termination to avoid or minimize any harmful effect on the supervisee's clients or patients; and
(8) At the time of license renewal, demonstrate to the Board completion of 3 of the required Category I or Category II continuing education units in a content area focusing on supervision training as stipulated in Regulation .04A(2)(c) of this chapter.
B. Additional Responsibilities. In addition to the requirements of §A of this regulation, the supervisor for advanced licensure shall:
(1)—(2) (text unchanged)
(3) Complete the supervision verification form;
[(3)] (4)—[(5)] (6) (text unchanged)
DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene
