Current through Register Vol. 49, No. 9, September, 2024
RULES OF THE ARKANSAS SOCIAL WORK LICENSING BOARD
Pursuant to Ark. Code Ann. §
17-103-203. the Arkansas
Social Work Licensing Board hereby establishes and promulgates the following
rules.
I. Board Meetings:
A. Regular meetings of the Board shall be
held once each month at a time established by a majority vote of the Board. A
special meeting may be called at any time by the chair or by any officer of the
Board upon written request of three or more of the members.
B. All regular meetings of the Board are open
to the public. Any person desiring to appear before the Board at any of its
regular meetings shall submit a written request to the Board at least 15 days
prior to the meeting. The request must state in detail the nature and purpose
of the appearance. The Chair of the Board has the right to determine when and
if such a request can be honored.
C. Written minutes of each meeting shall be
kept and distributed to the members with the notice for the next
meeting.
II. Application
Procedures:
A. Pre-Licensure Background Check
1. Pursuant to Act 990 of 2019, an individual
may petition for a pre-licensure determination of whether the individual's
criminal record will disqualify the individual from licensure and whether a
waiver may be obtained.
2. The
individual must obtain the pre-licensure criminal background check petition
form from the Board.
3. The Board
will respond with a decision in writing to a completed petition within a
reasonable time.
4. The Board's
response will state the reasons for the decision.
5. All decisions of the Board in response to
the petition will be determined by the information provided by the
individual.
6. Any decision made by
the Board in response to a pre-licensure criminal background check petition is
not subject to appeal.
7. The Board
will retain a copy of the petition and response and it will be reviewed during
the formal application process.
B. Application for licensure may be submitted
online on the Board's website. Paper applications shall be submitted to the
Board on the form designated by the Board and shall be accompanied by the
application fee.
C. The applicant
must request an official transcript from his/her college or university with the
social work degree posted. The transcript must be received by the Board
directly from the college or university. A transcript on file with the
Association of Social Work Boards ("ASWB") will also be accepted.
D. An applicant shall sign a release of
information to the Board for a state and federal criminal background check to
be administered by the Identification Bureau of the Arkansas State Police. The
applicant shall be responsible for payment of any fee associated with the
background check.
E. Waiver Request
for Offenses on Background Check
1. If an
individual has been convicted of an offense listed in A.C.A. §
17-2-102(a), except those permanently disqualifying offenses found in A.C.A.
§
17-2-102(e), the Board may waive disqualification of a potential
applicant or revocation of a license based on the conviction if a request for a
waiver is made by:
a. An affected applicant
for a license: or
b. An individual
holding a license subject to revocation.
2. The Board may grant a waiver upon
consideration of the following, without limitation:
a. The age at which the offense was
committed;
b. The circumstances
surrounding the offense;
c. The
length of time since the offense was committed:
d. Subsequent work history since the offense
was committed;
e. Employment
references since the offense was committed;
f. Character references since the offense was
committed;
g. Relevance of the
offense to the occupational license; and
h. Other evidence demonstrating that
licensure of the applicant does not pose a threat to the health or safety of
the public.
3. A request
for a waiver, if made by an applicant, must be in writing and accompany the
completed application and fees.
4.
The Board will respond with a decision in writing and will state the reasons
for the decision.
5. An appeal of a
determination under this subsection will be subject to the Administrative
Procedure Act §
25-15-201
et seq,
F. An applicant applying for licensure as a
Licensed Certified Social Worker ("LCSW") must provide documentation of LCSW
Supervision.
G. Licensure for
Active Duty Service Members. Returning Military Veterans, and their Spouses
1. As used in this subsection:
a. "automatic licensure" means the granting
of occupational licensure without an individual's having met occupational
licensure requirements provided under Title 17 of the Arkansas Code or by these
Rules.
b. "returning military
veteran" means former member of the United States Armed Forces who was
discharged from active duty under circumstances other than
dishonorable.
2. The
Board shall grant automatic licensure to an individual who holds a
substantially equivalent license in another U.S. jurisdiction and is:
a. An active duty military service member
stationed in the State of Arkansas;
b. A returning military veteran applying for
licensure within one (1) year of his or her discharge from active duty;
or
c. The spouse of a person under
Section G(2) a and b above.
3. The Board shall grant automatic licensure
upon receipt of all of the following:
a.
Payment of the initial application and licensure fee;
b. Evidence that the individual holds a
substantially equivalent license in another state: and
c. Evidence that the applicant is a qualified
applicant under Section E(ii) above.
H. Applications will be reviewed by the Board
after all the required information is received. Applicants will be notified by
mail of the action taken on the application. If approved, the applicant will be
notified of his/her eligibility to take the examination. If the Board
determines that the applicant has not met all the requirements and the
application is denied, the applicant may request a hearing before the
Board.
I. An application is valid
for six (6) months from the date of the application.
III. Provisional License: (Ark. Code Ann.
§
17-103-306)
A. Upon application and
satisfactory documentation of all requirements, the Board may issue a
provisional license for the practice of social work to an applicant for
licensure as a Licensed Social Worker or Licensed Master Social Worker.
Provisional licensure as a Licensed Certified Social Worker is
prohibited.
B. The Bachelor's and
Master's level provisional license will be issued only one time per person and
cannot be renewed.
C. The
Bachelor's and Master's level provisional license shall be effective from the
date of issuance and will expire exactly one year from the date of
issuance.
IV.
Examination: (Ark. Code Ann. §
17-103-306(a)(1)(B))
A. The Board shall utilize a nationally
recognized examination service to administer a licensure examination.
B. To be eligible to take the examination, an
applicant must submit the licensure application and all required forms to the
Board for approval.
C. When the
application is approved, the applicant will be provided information regarding
registering for the exam.
D. The
passing score for the examination shall be the same as the national passing
score determined by the examination service.
E. The Board adopts the rules of the
nationally recognized examination service in regards to the ninety-day wait
period before taking additional examinations.
F. The examination may be taken up to three
(3) times per approval period.
V. Endorsement: (Ark. Code Ann. §
17-103-302)
A. The Board may approve
licensure through endorsement with other states, districts, territories, or
Canadian provinces, whose standards are substantially equivalent to those
required by Section 17-103-306 of the Arkansas Code. The Board approved
examination may be waived if an applicant meets the following requirements:
1. The applicant is currently licensed to
practice social work in another state, territory, district, or Canadian
province:
2. The applicant has
passed a social work examination approved by the licensing entity in the state,
territory, district, or Canadian province the applicant is currently licensed
in.
3. The applicant has a social
work degree from a program accredited by the Council on Social Work Education
or the Canadian Association for Social Work Education; and
4. An applicant for LCSW must provide
documentation of twenty-four (24) months of supervision and four thousand
(4.000) hours working in a master's level social work position while under the
supervision of an LCSW. The Board may waive the supervision requirement if:
a. The applicant has practiced social work at
the independent clinical level for the last three (3) years; and
b. The applicant has met the requirements to
be licensed independently at the clinical level in the state they are currently
licensed in.
B. The Board may issue a master's level
provisional license as described in Section III. to an LCSW applicant who has
met the requirements of endorsement except for passage of a social work
examination.
VI.
Supervision:
Supervision is a professional relationship between a supervisor
and a supervisee designed to promote responsibility, competency and
accountability to the agency, clients and community.
A. Supervision for All Licensed Social
Workers:
Once licensed as an LSW or LMSW. including provisional license,
the LSW or LMSW must obtain supervision from a licensed social worker or other
qualified professional from a related field. The supervision may be within or
outside the agency.
1. The social work
practice of an LCSW shall be supervised by an LMSW, an LCSW or other qualified
professional from a related field on a minimum of a weekly basis.
2. The social work practice of an LMSW shall
be supervised by an LMSW. an LCSW or other qualified professional from a
related field on a minimum of a weekly basis.
3. While supervision of the social work
practice of the LCSW is not mandatory, the LCSW should have available, as
needed, consultation provided by an LCSW or other qualified professional from a
related field.
4. An LSW or LMSW,
including provisional licensees, working in a nonclinical position does not
require direct supervision but must report to a supervisor.
5. The supervision required under this
section is independent from any additional supervision requirements placed upon
the licensee by his or her employer.
B. Supervision Required to Obtain LCSW
Licensure:
1. In order to provide supervision,
an LCSW or a social worker whom the Board determines to have the qualifications
equivalent of those required of an LCSW must be fully licensed for three (3)
years.
2. To obtain licensure as a
Licensed Certified Social Worker LCSW). an individual must submit documentation
of twenty-four (24) months postmaster's social work experience, and four
thousand (4,000) hours in a supervised Master's level social work position. The
supervisor may be from inside or outside the agency where the applicant obtains
their experience. For documentation requirements, please see Section C.
below.
3. During this twenty-four
(24) month period, the applicant must have at least one hundred (100) direct
supervision hours, with no more than two (2) hours occurring in any one-week
period. Group supervision is acceptable only if there is a maximum of four in a
group and such supervision does not exceed one-half of the total supervisory
time.
4. Social workers who use
technology to facilitate supervision shall use appropriate precautions to
protect the confidentiality of those communications. Precautions to protect
confidentiality depend on the type of technology being used, and may include
using passwords, firewalls, encryption, and antivirus software: using
electronic service providers that rely on standards of security for data that
are transmitted and stored: and ensuring a private setting when using their
electronic devices. See National Association of Social Workers (NASW),
Association of Social Work Boards (ASWB), Counsel on Social Work Education
(CSWE). & Clinical Social Work Association (CSWA) Standards for Technology
in Social Work Practice.
5.
Supervision Guidelines
An LMSW who wishes to obtain LCSW licensure must adhere to the
LCSW Supervision Guidelines published on the Board's website.
C. Supervision Plan and
Documentation:
To comply with the documentation in Section B4 above, an
applicant must submit a supervision plan, that is agreed upon by the applicant
and the LCSW supervisor, to the Board. The plan must be on a Board approved
form and must be received in a legible form within sixty (60) days from the
beginning date of the supervision. It is the responsibility of the social
worker receiving supervision to verify the Board's receipt of the supervision
plan.
VII. Fees:
(Ark. Code Ann. §
17-103-205)
A. The
fees charged in connection with social work licensing are as follows:
|
1. Filing of an application
|
$100
|
|
2. Examination fee
|
*
|
|
3. Renewal fee (2 years)
|
$80
|
|
4. Late Renewal fee
|
$80
|
|
5. Replacement of license
|
$20
|
|
6. Endorsement to another state
|
$20
|
|
7. Certificate of Registration Application
|
$25
|
|
8. Certificate of Registration Renewal
|
$10
|
*The examination fee will be the same as the amount charged by
the examination service.
VIII. Issuance, Renewal, Expiration and
Reinstatement (Ark. Code Ann. §1 7-103-304)
A. Issuance:
When the Board determines that all requirements have been met.
a license will be issued for a two-year period.
B. Renewal:
Renewal of a social work license requires thirty (30) hours of
social work education ("SWCE") to have been completed during the renewal
period. Of the thirty (30) SWCE hours, three (3) hours must be in ethics and no
more than fifteen (15) may be independent study.
1. A license renewal reminder will be sent to
licensees approximately two months prior to the expiration date. The social
worker is responsible for submitting a completed renewal application with the
required fee to the Board prior to the expiration date. Renewal applications
may be submitted online or on the renewal application approved by the
Board.
2. When the Board determines
that the requirements for license renewal have been met. the licensee will be
mailed notification of licensure for the next two-year period.
3. If the licensee fails to renew his or her
license prior to the expiration date, the license will expire. Once the license
has expired the individual is no longer eligible to practice social
work.
4. A license that has expired
for less than three (3) months may he renewed by submitting the renewal
application, the required fee. a late penalty fee. an attestation form and a
summary sheet certifying completion of thirty (30) hours of social work
continuing education in accordance with Continuing Education Guidelines found
in Rule IX below, completed during the previous-two year licensure
period.
5. A license that has
expired for three (3) months or longer is not renewable. The licensee shall be
considered as a new applicant and will be subject to all requirements
applicable at the time the new application is received.
6. Extension requests must be submitted to
the Board thirty (30) days prior to the expiration date of the license.
Extension requests will be reviewed by the Board on an individual basis. An
extension request must include the following:
a. A completed renewal application
packet:
b. The renewal
fee;
c. Summary sheet of Social
Work Continuing Education showing SWCE completed so far during the two-year
renewal period;
d. Signed
Attestation Form that he or she will not practice social work or represent
himself or herself as a social worker after the expiration date unless the
extension request has been granted:
e. A letter requesting an extension with an
explanation of the extenuating circumstance which prevented the social worker
from obtaining the required hours:
f. If the extenuating circumstance is health
related, a letter from the physician should accompany the request. The
physician's letter should indicate the time and circumstances under the
physician's care and how this prevented the social worker from obtaining their
required hours;
g. A work history
for the renewal period showing any time not worked due to the extenuating
circumstances; and
h. A plan to
complete the additional hours required.
C. Expiration:
The license will be effective from the date issued and shall
expire on the last day of the month exactly two years from the date of issuance
or if applicable, the last renewal date.
D. Reinstatement:
A license will be reinstated if an applicant can demonstrate
all of the following requirements:
1.
They were previously licensed to practice social work in Arkansas;
2. They were in good standing when the
previous license expired or was not renewed;
3. Their license was not revoked for an act
of bad faith nor for a violation of the laws, rules, or ethical rules that
govern social workers:
4. They were
not suspended or placed on probation in any state, district, territory,
jurisdiction or Canadian province;
5. They are sufficiently competent in their
field;
6. They pay the application
fee required by law; and
7. They
complete the required background check.
E. Duty to provide accurate information:
The licensee has the responsibility to provide and update the
Board with accurate information of any change in their name or address and must
do so within thirty (30) days of the change.
IX. Continuing Education Guidelines: (Ark.
Code Ann. §
17-103-203)
A. Definition:
1. Social Work Continuing Education (SWCE)
has been defined as those formalized activities that are directed at developing
and enhancing an individual's social work knowledge base and service delivery
skills in applicable area of planning and administration, education, research
or direct service with individual, couples, families, and groups.
2. A SWCE Credit Hour represents one clock
hour (60 minutes) of a SWCE activity. A credit hour represents actual time of
the SWCE activity. For example, a workshop that begins at 9:00 a.m. and ends at
3:00 p.m. with one-hour lunch break would provide five (5) credit hours for the
participant.
3. Credits must be a
minimum of fifteen (15) minutes or more to qualify.
4. Academic Credit Hour: One academic credit
hour is equivalent to fifteen (15) clock hours for the purpose of license
renewal. Credit for auditing an academic course will be for the actual number
of clock hours in attendance, not to exceed the academic clock hour equivalent.
Academic credit hours will not apply towards license renewal until the
completion of the course.
B. Basic Requirements:
1. Each licensee is required to complete
thirty (30) credit hours of SWCE during each two-year licensure period. Of the
thirty (30) hours, a minimum of three (3) hours must be in professional ethics
with no more than fifteen (15) hours of independent study.
2. SWCE may be documented on the form for
reporting continuing education supplied by the Board or any other form provided
the same information is presented. A typed or computerized list of training
that is kept by the social worker's employer is acceptable for documentation.
The list must include the same information as the form for reporting SWCE and
the employer's name, address and phone number. The licensee and the licensee's
supervisor or employer must sign the list certifying that the social worker
attended all the sessions listed.
3. Documentation of the SWCE must be
maintained by the licensee for a period of two (2) years following the renewal
date.
4. After each renewal period,
the Board will, at its discretion, audit a percentage of the renewal
applications to ensure that the continuing education requirements have been
met. Each audited licensee will be required to provide documentation of all the
continuing education hours listed on his/her summary sheet.
5. A continuing education course will not he
allowed more than once during the two-year renewal period. If the course name
is the same, the social worker has the responsibility to make sure the content
has changed since the last date the course was taken. The social worker may be
required to provide documentation of the changes.
C. Examples of Acceptable Social Work
Continuing Education (SWCE):
1. Seminars,
workshops, or courses oriented to the enhancement of social work practice,
values, skills and knowledge.
a.
Cross-disciplinary offerings from medicine, law, administration, education and
the behavioral sciences are acceptable if they are clearly related to the
enhancement of social work practice.
b. Clock hour credit will be given for the
actual number of hours in attendance.
c. In-service training provided by the
employer using presenters from the staff or from outside agencies.
d. Training specifically related to policies
and procedures of an agency may not be counted.
2. Academic social work courses or social
work- related courses such as mental health, administration, health and social
research, psychology, sociology, and human growth and development, child and
family development, counseling and guidance taken for credit or audited. An
official transcript may be used to verify courses taken for credit. One
academic credit hour is equhalent to fifteen (15) clock hours for the purpose
of license renewal. Credit for auditing will be for actual clock hours in
attendance, not to exceed the academic the academic clock hour
equivalent.
3. Presentation for the
first time of an academic social work course, in-service training, workshop or
seminar, or other professional seminar. A copy of the course syllabus and
verification that the course, workshop or seminar was presented may be used as
documentation. The actual number of hours of presentation plus an equal number
of hours for preparation will be allowed. The total number of clock hours for
both preparation and presentation of all first-time courses shall not exceed
ten (10) hours per renewal period.
4. Preparation for the first publication of a
professional social work paper that has been published in a recognized
professional journal. A copy of the paper and verification of publication must
be submitted to the Board for evaluation and certification of the number of
hours of credit to be allowed. A maximum often (10) clock hours will be allowed
during each two-year licensure period.
5. Independent home studies/online courses
which provide credit directed at developing and enhancing the licensee's
knowledge base and service delivery skills in the applicable areas of social
planning, administration, education, research or direct service with
individuals, couples, families and groups. A maximum of fifteen (15) clock
hours will be allowed during each two-year licensure period.
6. To be considered as face-to-face hours for
credit, webinars must be both live and interactive. If audited, the licensee
must submit sufficient documentation to show that the webinar was live and
interactive.
D. The
Board does not pre-approve continuing education workshops. It is the licensee's
responsibility, using his/her professional judgement, to determine the
workshops that are applicable and appropriate to his/her professional
development as a social worker and that they meet the definition of SWCE. If a
licensee submits documentation for training that is not clearly identifiable as
SWCE, the Board will request a written description of the training and how it
applies to the individual's professional development as a social worker. If the
Board determines that the training cannot be considered SWCE. the individual
will be given three (3) months to replace the disallowed hours. Those hours
will be considered replacement hours and cannot be counted during the next
licensure period.
E. If credit is
not given for the SWCE submitted, the licensee ma\ request a hearing before the
Board.
F. Extenuating circumstances
that prevent licensees from completing the continuing education requirement
will be reviewed on an individual basis. Extension requests must be made prior
to expiration in accordance with Rule VIII(B) (6).
X. Code of Ethics/Standards of Practice:
(Ark. Code Ann. §
17-103-203)
The Arkansas Social Work Licensing Board sets forth this
documentation as a Code of Ethics/Standards for Practice for all social workers
within the State of Arkansas pursuant to Ark. Code Ann. §
17-103-203.
Social workers licensed by the Arkansas Social Work Licensing Board must
observe and comply with the following standards. Violations shall be grounds
for disciplinary action pursuant to Ark. Code Ann. §
17-103-305.
Standard A: Confidentiality:
In providing services, a social worker must safeguard
information given by clients. Except when required by law or judicial order or
for the purpose of professional supervision and/or consultation, a social
worker must obtain the client's informed written consent before releasing
confidential information.
Standard B: Responsibility:
A social worker must provide a clear written description of
what the client may expect in regards to services, reports, fees, billing and
schedules, when applicable.
Standard C: Research:
A social worker must obtain the client's or legal guardian's
informed written consent when a client is to be involved in any research
project. A social worker must explain the research, including any risk or
potential consequences, and the subject's right to withdraw from the study at
any time.
Standard D: Misrepresentation:
A social worker must not misrepresent his/her qualifications,
training, experience, or professional affiliations. If a social worker engages
in advertising, his/her education, training and expertise must be presented
factually.
Standard E: Competence:
1. A social worker may not practice beyond
his/her competence. A social worker must make appropriate and timely referrals
when the client's needs exceed the social worker's competency level.
2. A social worker must not provide social
work services while under the influence of alcohol, other mind-altering or
mood-altering drugs, or physical or psychological illness, which impairs
delivery of such services.
Standard F: Fee Splitting:
A social worker must not divide a fee with a referral source.
A social worker must not accept the division of a fee as compensation for a
referral. This provision is intended to assure that referrals are always based
solely on the best interest of the client.
Standard G: Client Relationships:
1. Relationships with clients, former
clients, students and supervisees must not be exploited by the social worker
for personal gain.
2. A social
worker must not violate such positions of trust and dependency by committing
any act detrimental to a client, former client, student or
supervisee.
3. A social worker must
not engage in an inappropriate relationship and/or sexual activity with a
client or with a former client within two years after termination of the
professional relationship.
4. Dual
Relationships:
a. In many communities it may
not be possible for social workers to avoid social or other nonprofessional
contacts with clients, students or supervisees. A social worker must always be
sensitive to the potential harmful effects of social or non-professional
contacts on his/her work and on those persons with whom they interact. A social
worker must refrain from either entering into or promising a relationship with
such persons if it appears the relationship might impair the social worker's
objectivity or his/her ability to effectively perform social work functions. A
social worker must also refrain from either entering into or promising a
relationship with such persons if it appears that the relationship might harm
or exploit the other party.
b.
Likewise, whenever possible, a social worker must refrain from taking on
professional obligations when preexisting relationships would create a risk of
such harm.
c. If asocial worker
finds that, due to unforeseen factors, a potentially harmful dual relationship
has arisen, the social worker must attempt to resolve it with due regard for
the best interest of the affected person and maximum compliance with the Code
of Ethics.
5. A social
worker must not violate client-therapist boundaries.
Standard H: Records:
A social worker will create and maintain records of services
provided to a client. At a minimum, the records will contain a consent form
signed and dated by the client: documentation of the assessment or diagnosis:
documentation of a plan: documentation of any revision of the assessment or
diagnosis or of a plan; any fees charged and other billing information; copies
of all client authorization for release of information and any legal forms
pertaining to the client. The records will be maintained by the licensee or
agency employing the licensee at least for a period of seven years after the
last date of service, or for the time period required by federal or state law.
if longer.
XI.
Definition of Unprofessional Conduct: (Ark. Code Ann. §
17-103-203)
Unprofessional conduct in the practice of social work shall
include, but shall not be limited to the following:
A. Violations of The Social Work Licensing
Act or the Rules published by the Board.
B. Negligence in the practice of social work
or practicing fraudulently or incompetently.
C. Refusing to provide professional services
to a person on the basis of race, religion, creed, color, gender, disability,
age, or national origin.
D.
Permitting, aiding, or abetting an unlicensed person to perform activities
requiring a license.
E.
Misrepresenting type or status of education, training, expertise, licensure, or
professional affiliations.
F.
Impersonation of another by any licensee or applicant for a license, or. in the
case of a license, allowing any other person to use his or her
license.
G. Intentionally or
recklessly causing physical or emotional harm to any client or former
client.
H. Failing to maintain
confidentiality, except as otherwise required or permitted by law, of all
information that has been received from a client in confidence during the
course of treatment and all information about the client which is obtained from
tests or other means.
I. Failing to
keep proper records and documentation of services.
J. Ordering or providing excessive or
unnecessary tests or services.
K.
Neglecting or abandoning a client, including failure to provide sufficient
termination of services.
L.
Violating the Code of Ethics adopted by the Board.
M. Giving or receiving, directly or
indirectly, any fee. commission, rebate or other compensation for professional
services not actually and personally rendered. N. Being disciplined in another
jurisdiction based on grounds that are the same or substantially the same as
those which exist under the Arkansas Social Work Licensing Act.
O. Failing to report to the Board any adverse
action taken against the social worker by another licensing jurisdiction or
failing to report to the Board the surrender of a license or authorization to
practice social work in another jurisdiction.
P. Failing to comply with any stipulation or
agreement with the Board involving probation or a settlement of any
disciplinary matters.
Q. Failing to
comply with mandatory reporting laws.
R. Failing to terminate the professional
relationship when it is apparent that the service no longer serves the needs of
the client.
S. Offering medication,
prescription or otherwise, controlled substances or alcoholic beverages to a
client, or accepting these substances from a client.
T. Providing and/or recommending any form of
treatment via telemedicine without first establishing a proper social
worker/client relationship as defined in Rule XIV.
XII. Disciplinary Procedures: (Ark. Code Ann.
§
17-103-305)
A. Complaint:
1. The Board is authorized to receive
complaints against licensees or applicants from any person. Signed complaints
must be submitted in writing to the Board's office. A complaint form may be
obtained from the Board's website or office.
2. The Board may on its own motion, in the
absence of a written complaint, initiate its own complaint and conduct an
investigation of a suspected violation if reasonable cause exists to believe a
violation has occurred.
B. Investigation:
1. The Board shall investigate a complaint if
the complaint states prima facie violations of the Social Work Licensing Law or
Rules. One or more Board members will be appointed to investigate the
complaint.
2. A copy of the
complaint will be sent by certified mail and standard postal mail to the social
worker named in the complaint. The social worker shall submit a written
response to the complaint within a reasonable time as provided by the Board's
instruction. The Board may hire an outside investigator to assist in the
investigation of any complaint.
3.
The Board investigator(s) will review the response to the complaint. Further
investigation will be conducted if deemed appropriate.
4. Upon completion of the investigation and
upon the recommendation of the Board investigators), the Board will determine
whether to conduct a hearing, dismiss the complaint, or take other appropriate
action. All interested parties will he notified of the Board's
decision.
C. Hearings:
1. The Board is authorized to conduct
hearings on complaints in which the investigation reveals evidence that a
violation has occurred. Hearings will be conducted in accordance with the
Arkansas Administrative Procedure Act.
2. Everyone testifying before the Board at
any of its hearings will be first placed under oath. All testimony given or
statements made to or before the Board will be reported and made a part of the
record in such case.
3. Unless the
Board finds exceptional circumstances exist, twenty (20) days" notice will be
given to any licensee or other interested party to appear before the Board at a
hearing. The notice will be mailed by certified mail to the most current
address on file in the Board office and will constitute notice of the hearing.
If the Board finds that exceptional circumstances exist in which public health,
safety or welfare requires more timely action, the Board can give notice,
reasonable under the circumstances, or can enter an emergency order pursuant to
Section 25-12-210(c) of the Administrative Procedure Act.
4. The notice will contain the place and time
of the hearing, a brief and concise statement of the facts forming the basis of
the complaint, the provision of the law or the Rules involved therein, and will
be executed for the Board by its Chairperson, Board Secretary or Director,
dated and sealed with the official seal of the Board.
5. At every hearing of the Board, after being
duly called to order, the Chair or Vice-Chair will then turn the matter over to
the hearing officer presiding over the hearing. The hearing officer will
inquire of the parties present as to whether each is prepared to proceed, and
thereafter the hearing will proceed with the presentation of
evidence.
6. Either oral or written
argument of the issues raised may be presented at the diseretion of the
Board.
7. A written order setting
forth the Board's findings of facts and conclusions of law will be prepared
after each hearing. The written order will be signed by a representative
designated by the Board.
8. The
Board will receive into evidence all affidavits, depositions, certified copies
of documents, copies of official records and exhibits therewith introduced,
together with such other evidence as may be admissible by the Arkansas
Administrative Procedure Act. The Board will give to such evidence weight, as
the Board determines just and proper.
9. Every pleading, motion or other document,
and every request to the Board must be filed with the Social Work Licensing
Board office in writing, signed and dated.
10. Upon the licensee's written request,
subpoenas will be issued for the attendance of witnesses and the production of
documents. Preparation and service of the subpoenas will be the responsibility
of the licensee and will be in the manner provided by statute or rule for the
service of subpoenas in civil cases.
11. Appeals from Board hearings will be made
in accordance with the Arkansas Administrative Procedure Act.
D. Hearing Officer:
1. Powers and Duties:
If a matter is set for a formal hearing before the Board, a
hearing officer will preside over the hearing and conduct any other business in
accordance with the Board's Rules. The hearing officer will have the following
powers and duties:
a. Administer oaths
and affirmations:
b. Issue
subpoenas in order to
(1) Ensure the presence
of witnesses at a hearing:
(2)
Ensure the presence of books, records or other documents properly related to
the administrative proceedings:
c. Rule upon motions and other evidentiary
matters;
d. Question all parties
and witnesses for the clarification of issues for the record:
e. Maintain order:
f. Rule on all questions arising during the
course of the hearing:
g. Hold
conferences for the settlement or simplification of the issues:
h. Recommend decisions to the
Board;
i. Generally, to regulate
and guide the course of the proceedings.
2. Disqualifications of Hearing Officer:
The hearing officer will conduct himself/herself in an
impartial manner and may withdraw if he/she deems himself/herself disqualified.
Any party may file an affidavit of personal bias or disqualification against
the hearing officer which will be ruled upon by the Board and granted if it is
timely, sufficient, and filed in good faith.
XIII. Certificates of Registration
for Professional Social Work Corporations:
A.
Certificates of Registration:
1. Pursuant to
the Arkansas Professional Corporation Act. Ark. Code Ann. §
4-29-201 et
seq.. one or more persons duly licensed by the laws of the State of Arkansas to
render the same type of professional services, such as social work services,
may form a corporation to own, operate, and maintain a professional corporation
and to engage in the professional services authorized by that
license.
2. In order for a
corporation to open, operate, or maintain an establishment to engage in social
work services, the corporation must obtain a Certificate of Registration from
the Arkansas Social Work Licensing Board (the "Board").
B. Application, Issuance and Denial:
1. Application for a Certificate of
Registration will be made to the Board in writing on a Board approved
application form. The application must be accompanied by a non-refundable
registration fee of $25.
2. Upon
receipt of an application, the Board will investigate the corporation to
determine whether the incorporators, officers, directors, and shareholders are
each licensed by the Board and whether any disciplinary action is pending
before the Board against any of them.
3. If the Board determines that all
incorporators, officers, directors, and shareholders are licensed by the Board,
with no disciplinary action pending against any of them, and that the
corporation will be conducted in compliance with the Arkansas Professional
Corporation Act and the Rules of the Board, the Board will issue a Certificate
of Registration to the corporation.
4. If the Board determines that the applicant
does not meet the requirements established above, the Board will deny the
Certificate of Registration.
5.
Once issued, the Certificate of Registration will be non-assignable and must be
conspicuously posed on the premises of the corporations.
6. The Certificate of Registration will
remain effective until January 1 following the date of issuance of the
Certificate.
C. Change
in Location:
The corporation must notify the Board of any change of
location.
D. Renewal:
The Certificate of Registration must be renewed annually. If
the Board determines that the corporation has complied with applicable laws and
Board Rules, it will renew the Certificate of Registration upon written
application by the holder of the Certificate. The application for renewal will
be made on the form prescribed by the Board and must be accompanied by a
non-refundable fee of $10.
E. Suspension and Revocation:
1. The Board may suspend or revoke the
Certificate after giving written notice to the holder and allowing for a public
hearing in accordance with the Arkansas Administrative Procedure Act. The
Certificate may be suspended or revoked for any of the following reasons:
a. The revocation or suspension of the
license to practice social work of any officer, director, shareholder or
employee not promptly removed or discharged by the corporation;
b. Unprofessional conduct, as defined by the
Rules of the Board, on the part of any officer, director, shareholder or
employee not promptly removed or discharged by the corporation;
c. The death of the last remaining
shareholder; or
d. Upon finding the
holder of the Certificate has failed to comply with the Arkansas Professional
Corporations Act, the Arkansas Social Work Licensing Act or the Rules of the
Board.
F.
Appeal:
Any corporation whose application for a Certificate has been
denied or whose Certificate of Registration has been suspended or revoked may,
within thirty (30) days after notice of the action by the Board, appeal the
decision to the Circuit Court of Pulaski County. The appeal will be in
accordance with the Arkansas Administrative Procedure Act.
XIV. Telemedicine (Ark. Code Ann.
§
17-103-309)
A. Definitions:
1. "Distant site" means the location of the
healthcare professional delivering services through telemedicine at the time
the services are provided. Ark. Code Ann. §
17-80-402(1).
2. "Originating site" means a site at which a
patient is located at the time healthcare services are provided to him or her
by means of telemedicine. Ark. Code Ann. §
17-80-402(2).
3. "Remote patient monitoring" means the use
of synchronous or asynchronous electronic information and communication
technology to collect personal health information and medical data from a
patient at an originating site that is transmitted to a healthcare professional
at a distant site for use in the treatment and management of medical conditions
that require frequent monitoring. Ark. Code Ann. §
17-80-402(5).
4. "Store-and-forward technology" means the
asynchronous transmission of a patient's medical information from a healthcare
professional at an originating site to a healthcare professional at a distant
site. Ark. Code Ann. §
17-80-402(6).
5. "Telemedicine" means the use of electronic
information and communication technology to deliver healthcare services,
including without limitation the assessment, diagnosis, consultation,
treatment, education, care management, and self-management of a patient.
Telemedicine includes store-and-forward technology and remote patient
monitoring. Ark. Code Ann. §
17-80-402(7).
B. Establishing a Social Worker/Client
Relationship:
A social worker/client relationship must be established in
accordance with Ark. Code Ann. §§
17-80-402 & 403 and Rule XIV
before the delivery of services via telemedicine. A client completing a
psychosocial history online and forwarding it to a social worker is not
sufficient to establish the relationship, nor does it qualify' as
store-and-forward technology. A social worker exhibits gross negligence if he
or she provides and/or recommends any form of treatment via telemedicine
without first establishing a proper social worker/client relationship.
C. Minimum Requirements for a
Social Worker/Client Relationship:
For the purpose of this Rule, a proper social worker/client
relationship, at a minimum requires that:
1. The social worker performs an "in person"
psychosocial assessment of the client adequate to establish a diagnosis and
develop a treatment plan. OR
2. The
social worker performs a face to face psychosocial assessment using real time
audio and visual telemedicine technology that provides information at least
equal to such information as would have been obtained by an in-person
psychosocial assessment. OR
3. The
social worker knows the client and the client's general psychosocial issues
through a previously established professional relationship; AND
4. Appropriate follow-up be provided or
arranged, when necessary.
D. When a Social Worker/Client Relationship
is Deemed to Exist:
For the purpose of this Rule, a proper social worker/client
relationship is deemed to exist in the following situations:
1. When treatment is provided in consultation
with, or upon referral by. another provider or treatment team who has an
ongoing relationship with the client, and who has agreed to supervise the
client's treatment, including follow up care.
2. On-call or cross-coverage situations
arranged by the client's treating provider or treatment team.
E. Exceptions:
Recognizing a social worker's duty to adhere to the applicable
standard of care and to comply with mandatory reporting laws, the following
situations are excluded from the requirement of this rule by Ark. Code Ann.
§
17-80-403(a)(2):
1. Emergency
situations where the life or health of the client is in danger or imminent
danger.
2. Simply providing
information of a generic nature not meant to be specific to an individual
client.
F. Professional
Relationship Exceptions:
Under Ark. Code Ann. §
17-80-403(c), "Professional
relationship" does not include a relationship between a social worker and a
client established only by the following:
1. An internet questionnaire;
2. An email message;
3. Patient-generated medical
history:
4. Audio-only
communication, including without limitation interactive audio;
5. Text messaging:
6. A facsimile machine; or
7. Any combination thereof.
G. Requirements for Services
Provided Via Telemedicine:
The following requirements apply to all services provided by
social workers using telemedicine:
1.
The practice of counseling via telemedicine shall be held to the same standards
of care as traditional in-person encounters.
2. The social worker must obtain a detailed
explanation of the client's complaint from the client or the client's treating
provider or treatment team.
3. If a
decision is made to provide treatment, the social worker must agree to accept
responsibility for the care of the client.
4. If follow-up care is indicated, the social
worker must agree to provide or arrange for such follow-up care.
5. The social worker must keep a documented
treatment record, including, but not limited to psychosocial history.
6. At the client's request, the social worker
must make available to the client an electronic or hardcopy version of the
client's treatment record documenting the encounter. Additionally, unless the
client declines to consent, the social worker must forward a copy of the record
of the encounter to the client's regular treating provider or treatment team if
that provider or treatment team is not the same social worker delivering the
service via telemedicine.
7.
Services must be delivered in a transparent manner, including providing access
to information identifying the social worker's licensure and other relevant
certifications, as well as client financial responsibilities, in advance of the
encounter.
8. If the client, at the
recommendation of the social worker, needs to be seen in person, the social
worker must arrange to see the client in person or direct the client to their
regular treating provider or treatment team or other appropriate provider if
the client does not have a treating provider or treatment team. Such
recommendation shall be documented in the client's treatment record.
9. Social workers who deliver services
through telemedicine must establish protocols for referrals for emergency
services.
H. Scope of
Practice:
Social workers may practice social work via telemedicine within
the definitions found in Ark. Code Ann. §
17-103-103.
I. Confidentiality:
Social workers who use technology to facilitate supervision,
consultation, or other confidential meetings shall use appropriate precautions
to protect the confidentiality of those communications. Precautions to protect
confidentiality depend on the type of technology being used, and may include
using passwords, firewalls, encryption, and antivirus software; using
electronic service providers that rely on standards of security for data that
are transmitted and stored: and ensuring a private setting when using their
electronic devices. See NASW, ASWB, CSWE, & CSWA Standards for Technology
in Social Work Practice.
