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02-416
Board of Social Worker Licensure
2002-2003 Regulatory Agenda

AGENCY UMBRELLA-UNIT NUMBER: 02-416
AGENCY NAME: Department of Professional and Financial Regulation, Office of Licensing & Registration, Board of Social Worker Licensure

CONTACT PERSON: Elaine Thibodeau - Administrator, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8420

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2002-2003 RULEMAKING ACTIVITY: A complete repeal and replacement will occur.

CHAPTER 1: Introduction
STATUTORY AUTHORITY: 32 M.R.S.A., §7030(2)
PURPOSE: This Chapter sets forth the general intent and purpose of these rules. This rule will be repealed and replaced.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 2: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A., §§ 7001-A, 7030(2)
PURPOSE: This Chapter sets forth definitions of the terms used by the Board of Social Worker Licensure in these rules. These terms include those provided in the statute itself, as well as additional definitions which add clarity to the rules. "Telepractice" may be defined. This rule will be repealed and replaced.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 3: Licensure
STATUTORY AUTHORITY: 32 M.R.S.A., §§7030(1) and (2), 7051, 7053, 7054-A, 7056, 7060, and 10 MRSA §8003(2-A)(D)
PURPOSE: This Chapter sets forth eligibility criteria for the various licensure levels, the methods of application for social worker licensure, the steps of the examination application process, the criteria for the clinical setting, and the fee structure for all social worker licensure levels. Provisions may be added pertinent to the staff review of applications. Legislation enacted in 2001 (Public law 2001, Chapter 316, "An Act to Change Certain Educational Requirements for Licensed Social Workers") will likely create the need to specify that new entrants to the profession of social Work will be required to have attained a BSW (Bachelor of Social Work or Social Welfare) degree. The Board may repeal existing fee provisions in the event that OLR establishes fees for this board directly pursuant to 10 MRSA §8003(2-A)(D). This rule will be repealed and replaced.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 4: Standards of Practice
STATUTORY AUTHORITY: 32 M.R.S.A., §§7030(1) and (2), 7053-A, 7060
PURPOSE: This Chapter sets forth the standards of social work practice in Maine as determined by the Board of Social Worker Licensure. These standards include: a code of ethics, the functions permitted by law at each social worker licensure level, the criteria for continuing professional education required for licensure renewal, the process to be followed to meet this requirement, and a description of role of the consultant used in licensing procedures. Provisions relating to "Telepractice" over the internet may be introduced. This rule will be repealed and replaced.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Applicants for licensure, licensees, and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 5: Enforcement & Disciplinary Procedures
STATUTORY AUTHORITY: 32 M.R.S.A., §§7030(1) and (2), 7051, 7059
PURPOSE: This Chapter outlines the enforcement and disciplinary procedures used by the Board of Social Worker Licensure. Included are the specific grounds for discipline as well as clarification of the terms used in this chapter. This rule will be repealed and replaced.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Applicants for licensure, licensees, and consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

NEW RULE: CHAPTER 10: Definitions
STATUTORY AUTHORITY: 32 M.R.S.A., §§ 7001-A, 7030(2)
PURPOSE: This Chapter will set forth definitions of the terms used by the Board of Social Worker Licensure in these rules. Greater detail will be provided concerning what constitutes violations of the prohibitions against dual relationships and boundaries violations, the source of the majority of complaints lodged against therapists.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

NEW RULE: CHAPTER 11: Application for Licensure
STATUTORY AUTHORITY: 32 M.R.S.A., §§7030(1) and (2), 7051, 7053, 7054-A, 7056, 7060, and 10 MRSA §8003(2-A)(D)
PURPOSE: This Chapter sets forth eligibility criteria for the various licensure levels, the methods of application for social worker licensure, the steps of the examination application process, the criteria for the clinical setting, and the fee structure for all social worker licensure levels. The Board may repeal existing fee provisions in the event that OLR establishes fees for this board pursuant to 10 MRSA §8003(2-A)(D).
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

NEW RULE: CHAPTER: 12 Licensure
STATUTORY AUTHORITY: 32 M.R.S.A., §§7030(1) and (2), 7051, 7053, 7054-A, 7056, and 7060
PURPOSE: Legislation enacted in 2002 (Public law 2002, Chapter 542, "An Act Regarding Certain Educational Requirements for Licensed Social Workers") will likely create the need to specify that new entrants to the profession of social work will be required to have attained a BSW (Bachelor of Social Work or Social Welfare) degree, as of September 30, 2003. This Chapter will address licensure requirements prior to that date.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

NEW RULE: CHAPTER: 12-A Licensure
STATUTORY AUTHORITY: 32 M.R.S.A., §§7030(1) and (2), 7051, 7053, 7054-A, 7056, and 7060
PURPOSE: Legislation enacted in 2002 (Public law 2002, Chapter 542, "An Act Regarding Certain Educational Requirements for Licensed Social Workers") will likely create the need to specify that new entrants to the profession of social work will be required to have attained a BSW (Bachelor of Social Work or Social Welfare) degree, as of September 30, 2003.
This Chapter will address licensure requirements as of that date.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Applicants for Licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

NEW RULE: CHAPTER: 13 Continuing Professional Education
STATUTORY AUTHORITY: 32 M.R.S.A., §7030 (5)
PURPOSE: This chapter will set forth the continuing education requirements for social workers.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

NEW RULE: CHAPTER: 14 Scope of Practice
STATUTORY AUTHORITY: 32 M.R.S.A., §§7001-A(11) and 7053-A
PURPOSE: This Chapter will contain restrictions on the permissible scope-of-practice applicable to the different categories of licenses issued by the board, and related provisions.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

NEW RULE: CHAPTER 15: Enforcement & Disciplinary Procedures
STATUTORY AUTHORITY: 32 M.R.S.A., §§7030(1) and (2), 7051, 7059
PURPOSE: This Chapter will set forth a licensee's right to appeal certain board actions. This Chapter also will specify the enforcement and disciplinary procedures used by the board and the board's interpretation of certain grounds for discipline contained in 32 M.R.S.A. §7059.
ANTICIPATED SCHEDULE: Fall 2003.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


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