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Proposed Changes to SW License Regulations in VIRGINIA
A notice of proposed changes to the Virginia social work licensing regulations was posted on-line on October 29, 2007, and will be up until December 28, 2007. Find it via the Virginia Board of Social Work website – click on Laws and Regulations on the home page, then, under Proposed Regulatory Action – Amendments to regulations proposed by the Board, click on Proposed Regulations Governing the Practice of Social Work. The public hearing was November 16, but the Board welcomes public comments in support or opposition of the changes up to December 28.
There are significant changes in the area of supervisory training and registration requirements. There are also changes in record-keeping and confidentiality requirements.
A major change has been proposed for the time period during which a sexual relationship with a client is prohibited after the professional relationship has ended. Originally such a relationship was not permitted at all for licensed social workers, but a few years ago, when the psychologists established a minimum of two years, the social work regulation was changed to match. The current proposal is that the minimum elapsed time be five years, as it is for licensed counselors.
The proposed Virginia regulation adds: “Social workers who engage in such a relationship after five years following a termination shall have the responsibility to examine and document thoroughly that such a relationship did not have an exploitive nature, based on factors such as duration of therapy, amount of time since therapy, termination circumstances, client’s personal history and mental status, adverse impact on the client. A client’s consent to, initiation of or participation in sexual behavior or involvement with a social worker does not change the nature of the conduct nor lift the regulatory prohibition.”
The Code of Ethics for clinical social work printed in the GWSCSW Directory each year stipulates the following: “Clinical social workers do not, under any circumstances, engage in romantic or sexual contact with either current or former clients.” (Clinical Social Work Association Code of Ethics II, 3, b)Another change that could affect clinical social workers concerns the supervision of MSWs who are working toward their 3000 hours for the advanced license. It is proposed that the MSW must sign on with the Board when beginning these hours, and must have a properly licensed LICSW supervisor who has had 14 hours of Supervision (either a graduate school course or a Continuing Education program) within five years of beginning that supervision.
This puts the MSW is in the position of having somehow to confirm that his/her supervisor has indeed had the hours of approved supervision needed. (One possible alternative that could be suggested is the model used in Maryland where a registry of social work supervisors approved by the Md Board of Social Work Examiners is posted on online for anyone to see.) Also, as the proposed regulations are currently written, it appears that a frequent supervisor would be required to have fourteen hours of Supervision training every five years.
GWSCSW members are encouraged to send their written comments and suggestions to Evelyn Brown, executive director of the Virginia Board of Social Work, 9960 Mayland Drive, Ste 300, Richmond, Virginia 23233 or, via email, to elaine.yeatts@dhp.virginia.gov.