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02-416
Department of Professional and Financial Regulation
Board of Social Worker Licensure

2004-2005 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: Penny Vaillancourt, Board Administrator, 35 State House Station, Augusta, Maine 04333-0035. Tel: (207) 624-8420

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2004-2005 RULEMAKING ACTIVITY:

A complete repeal and replacement will occur. The resulting chapters will thereafter appear as below:

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, as well as define "substantially related" degree to social work or social welfare.
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 11: Advisory Rulings
STATUTORY AUTHORITY: 5 M.R.S.A. §8051, 9001(4)
Purpose: This Chapter provides for the discretionary issuance of advisory rulings by the board upon written request of any interested person with respect to the applicability of any statute or rule it administers.
ANTICIPATED SCHEDULE: Summer 2004
AFFECTED PARTIES: Consumers and licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 12: Application for Licensure
STATUTORY AUTHORITY: 32 M.R.S.A., §§7030(1) and (2), 7051, 7053, 7054-A, 7056, 7060, and 10 M.R.S.A. §8003(2-A)(D)
PURPOSE: This Chapter describes the application process for social work licensure. The Board may repeal existing fee provisions in the event that OLR establishes fees for this board pursuant to 10 M.R.S.A. §8003(2-A)(D) and Chapter 10 of the rules of the Office of Licensing and Registration .
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Applicants for licensure and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 13: Licensure
STATUTORY AUTHORITY: 32 M.R.S.A., §§7030(1) and (2), 7051, 7053, 7054-A, 7056, and 7060
PURPOSE: Pursuant to Public law 2003, Chapter 429, "An Act To Change Certain Educational Requirements and Make Title Changes for Licensed Social Workers," this chapter sets forth license criteria for non-BSW applicants who hold a degree substantially related to social work or social welfare. In addition, this chapter sets forth eligibility criteria for the various license levels established by statute and describes the internships that licensees must complete at different levels of licensure.
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 14: 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, including ethics courses.
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 15: 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: Summer 2004.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.

CHAPTER 16: 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: Summer 2004.
AFFECTED PARTIES: Consumers and licensees.
CONSENSUS-BASED RULE DEVELOPMENT: Not expected.


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