Model Social Work Practice Act - ASWB

Section 104. Practice of BaccalaureateSocial Work.Subject to the limitations set forth in Article III, Section 306,the practice of Baccalaureate Social Work means theapplication of social work theory, knowledge, methods, ethics,and the professional use of self to restore or enhance social,psychosocial, or biopsychosocial functioning of individuals,couples, families, groups, organizations, and communities.Baccalaureate Social Work is generalist practice that includesassessment, planning, intervention, evaluation, CaseManagement, information and referral, counseling,Supervision, Consultation, education, advocacy, communityorganization, research, and the development, implementation,and administration of policies, programs, and activities.Section 104. Practice of BaccalaureateSocial Work.The definition of the practice of social work isone of the most important—and most-discussed—clauses in the ASWB Model Act. Social work hasbeen a very dynamic profession, particularly overthe past several years, and any definition of practiceneeds to contain a degree of flexibility that willallow the Board to make necessary adjustmentsfrom time to time to meet a changing health careenvironment, an evolving practice, and the ongoingneeds of consumers. The definitions in sections104, 105, and 106 are purposely broad in order toprovide substantial latitude to the Board in theadoption and implementation of rules. However,the definitions do identify three practicecategories—Baccalaureate Social Workers, Master’sSocial Workers, and Clinical Social Workers—witheach category containing its own definition andrange of acceptable activities at entry level. The rulesprocess would function as an important tool in theBoard’s efforts to adapt the definitions to the needsof its jurisdiction, since any new or amended rulesthat the Board may implement would bepromulgated within the requirements of thejurisdiction’s Administrative Procedures Act, andwould afford all interested parties an opportunity toprovide review and comment.Each practice category includes provisionsfor Independent Practice, but the requirementsfor independent status vary, as does theacceptable range of activities that may beundertaken in each category. Under Article III,Section 306, both the Master’s Social Workersand the Baccalaureate Social Workers areauthorized to engage in Independent Practice [asdefined in Article I, Section 108(q)], aftercompleting two (2) years of full time supervisedpractice.There are no exemptions to social worklicensure in the Model Act, except for studentscurrently participating in an Approved SocialWork Program, when completing an internship,an externship, or other social work experiencerequirements for such programs. Exempting anysocial worker or group of social workers fromregulatory oversight is contrary to the purpose ofthe Act as stated in Section 103.As stated in the Introduction to the Act, “Amodel social work practice act must be4 Association of Social Work Boards

concerned with the protection of the public firstand foremost”. If social workers’ practice isbeyond the purview of legal regulation throughlicensing, the public will have less recourse toprotection from or remedies for incompetent orharmful practice.The Model Act is intended to serve as anideal to which all jurisdictions should aspire.Exempting certain groups of social workpractitioners from regulatory oversight may shiftthe focus from the values, skills andresponsibilities that social workers and the socialwork profession have in common to differencesin categories of practice. In order to adequatelyensure public protection, there must be aminimum level of value, skill and responsibilityfor all who practice social work or who callthemselves social workers.The definitions of practice at theBaccalaureate, Master’s, and Clinical levelsinclude lists of activities in which social workersengage. Accordingly, social workers whoseemployment or position entails any or all ofthese activities must maintain a valid social worklicense authorizing that particular scope ofpractice. Therefore, based on the definitions ofpractice, examples of positions that require socialworkers to maintain a license include, but are notlimited to: Social work services in government Case Managers Program Evaluators Supervisors Social Service Administrators Social Work Educators Community Organizers Policy Makers ResearchersSection 105. Practice of Master’s Social Work.Subject to the limitations set forth in Article III, Section 306,the practice of Master’s Social Work means the application ofsocial work theory, knowledge, methods and ethics, and theprofessional use of self to restore or enhance social,psychosocial, or biopsychosocial functioning of individuals,couples, families, groups, organizations, and communities.Master’s Social Work practice includes the application ofspecialized knowledge and advanced practice skills in the areasof assessment, treatment planning, implementation andModel Social Work Practice Act 5

evaluation, Case Management, information and referral,Counseling, Supervision, Consultation, education, research,advocacy, community organization, and the development,implementation, and administration of policies, programs, andactivities. Under Supervision as provided in this Act, thepractice of Master’s Social Work may include the practicesreserved to Clinical Social Workers.Section 106. Practice of Clinical Social Work.The practice of Clinical Social Work is a specialty within thepractice of Master’s Social Work and requires the applicationof social work theory, knowledge, methods, ethics, and theprofessional use of self to restore or enhance social,psychosocial, or biopsychosocial functioning of individuals,couples, families, groups, organizations and communities. Thepractice of Clinical Social Work requires the application ofspecialized clinical knowledge and advanced clinical skills in theareas of assessment, diagnosis and treatment of mental,emotional, and behavioral disorders, conditions and addictions.Treatment methods include the provision of individual,marital, couple, family and group Counseling andPsychotherapy. The practice of Clinical Social Work mayinclude Private Practice and the provision of ClinicalSupervision.Section 107. Electronic Social Work Services.(a) The practice of Baccalaureate Social Work, Master’sSocial Work, or Clinical Social Work in thisjurisdiction through Electronic Social Work Servicesor other means, regardless of the location of thepractitioner, shall constitute the practice of social workand shall be subject to regulation under this Act.(b) The practice of Baccalaureate Social Work, Master’sSocial Work, or Clinical Social Work by a practitionerin this jurisdiction through Electronic Social WorkServices or other means, regardless of the location ofthe Client(s), shall constitute the practice of socialwork and shall be subject to regulation under this Act.(c) Social workers providing Electronic Social WorkServices shall take all necessary measures to ensurecompliance with relevant practice standards.Section 106. Practice of Clinical SocialWork.Clinical Social Workers are qualified todiagnose using the Diagnostic and Statistical Manualof Mental Disorders (DSM), the InternationalClassification of Diseases (ICD), and otherdiagnostic classification systems in assessment,diagnosis, Psychotherapy, and other activities.Section 107. Electronic Social WorkServicesMany factors, including technologicaladvancements, increase the likelihood of thepractice of social work across jurisdictional lines.While federal legislation or the judiciary mayhave the final word on regulating professionsacross jurisdictional lines, this section is designedto specifically address the issue of where practicetakes place. ASWB adopts the position thatsocial work practice through electronic meanstakes place in both the jurisdiction where theClient is receiving such services (irrespective ofthe location of the practitioner) and in thejurisdiction where the practitioner is located atthe time of providing such services (irrespectiveof the location of the Client). The provision ofElectronic Social Work Services shall constitutesocial work practice as defined in the statute.ASWB recognizes that social work practicevia digital and electronic technology is a realityin the health care and behavioral science fields.In 2015, ASWB published Model RegulatoryStandards for Technology and Social Work Practice toserve as guidance as regulators think throughamending rules and regulations related to socialwork services. Relevant language from these6 Association of Social Work Boards

standards has been integrated into appropriatesections of this Act.Because the Board’s mission is to protectthe public in its jurisdiction, the Act is intendedto provide Board authority over practitioners(regardless of their location) providing servicesto Clients within its borders as well aspractitioners providing service from within itsborders (regardless of the location of Clients).Section 108. Applicability of Terms.(a) Except as otherwise provided in this Act, reference tothe practice of social work shall be applicable to thepractice of Baccalaureate Social Work, Master’s SocialWork, and Clinical Social Work.(b) Except as otherwise provided in this Act, reference tothe term social work shall include Baccalaureate SocialWork, Master’s Social Work, and Clinical Social Work.Section 109. Definitions.(a) Approved Clinical Supervisor means a licensedClinical Social Worker who has met the qualificationsto be a Clinical Supervisor as determined by theBoard.(b) Approved Provider of Continuing Education meansan individual, group, professional association, school,institution, organization, or agency approved by theBoard to conduct educational program(s).Section 109(b). Definitions.See comment to Section 213(a)(4), Section309(b) and section 310 regarding the role in theapproval process of programs and providers.(c) Approved Social Work Program means a school ofsocial work or a social work educational program thathas been approved by the Board.(d) Approved Supervisor means an Approved Clinical Supervisoror licensed social worker who has met the qualifications to be asupervisor as determined by the Board.(e) Baccalaureate Social Worker means a person dulylicensed to practice Baccalaureate Social Work.(f) Board or Board of Social Work means the Board ofSocial Work created under this Act.(g) Case Management means a method to plan, provide,evaluate, and monitor services from a variety of resourceson behalf of and in collaboration with a Client.(h) Client means the individual, couple, family, group,organization, or community that seeks or receivessocial work services from an individual social workeror an organization. Client status is not dependent onbilling or payment of fees for such services.(i) Clinical Social Worker means a person duly licensed topractice Clinical Social Work under this Act.Model Social Work Practice Act 7

(j) Clinical Supervision means an interactionalprofessional relationship between an ApprovedClinical Supervisor and a social worker that providesevaluation and direction over the supervisee’s practiceof Clinical Social Work and promotes continueddevelopment of the social worker’s knowledge, skills,and abilities to engage in the practice of Clinical SocialWork in an ethical and competent manner.Section 109(j). Definitions.Supervisors are legally and ethicallyaccountable for the practice of their supervisees.While providing their supervisees with support,education, and administrative assistance indeveloping competence, Supervisors mustmaintain their paramount focus on the quality ofservices that Clients are receiving fromLicensees. The Model Law's emphasis on thesupervisory relationship as the context forproviding evaluation and direction means thatSupervisors of Licensees must be ready to directinterventions on behalf of Clients' best interestseven when such directions could require thatsupervisors override the decisions, judgment orinterests of the licensee. (In contrast toSupervision, Consultation does not carry thisdegree of legal and ethical accountability since bydefinition the suggestions offered by consultantsare intended for Licensees to use or not use asthe Licensees judge best.)(k) Continuing Education means education and trainingwhich are oriented to maintain, improve, or enhancecompetent social work practice.(l) Continuing Education Contact Hour means a sixty(60) minute clock hour of instruction, not includingbreaks or meals.(m) Consultation means an advisory professionalrelationship between a social worker and a personwith particular expertise, with the social worker legallyand ethically maintaining responsibility for alljudgments and decisions regarding service to theClient.(n) Conviction means conviction of a crime by a court ofcompetent jurisdiction and shall include a finding orverdict of guilt, whether or not the adjudication ofguilt is withheld or not entered on admission of guilt,a no contest plea, a plea of nolo contendere, and aguilty plea.(o) Counseling means a method used by social workers toassist individuals, couples, families, and groups inlearning how to solve problems and make decisionsabout personal, health, social, educational, vocational,financial, and other interpersonal concerns.8 Association of Social Work BoardsSection 109(m). Definitions.See comment on Section 109(j)

(p) Electronic Social Work Services mean the use ofcomputers (including the Internet, social media, onlinechat, text, and email) and other electronic means (suchas smartphones, landline telephones, and videotechnology) to (a) provide information to the public,(b) deliver social work services to Clients, (c)communicate with Clients, (d) manage confidentialinformation and case records, (e) store and accessinformation about Clients, and (f) arrange payment forprofessional services.(q) Examination means a standardized test or examinationof social work knowledge, skills and abilities approvedby the Board.(r) Felony means a criminal act as defined by this state orany other state or by definition under federal law.(s) Final Adverse Action means any action taken or orderentered by the Board, whether through a consentagreement, as the result of a contested hearing, issuedthrough a letter of reprimand/admonition/warning, orother action against a Licensee, applicant or individualwhich is public information under applicable law andwhich impacts the licensure status or record, practicestatus or record, or other related practice privileges. FinalAdverse Actions include, in addition to the above andwithout limitations, denial of licensure applications, denialof licensure renewal applications, and surrender oflicensure. Board actions or orders are Final AdverseActions irrespective of any pending appeals. To theextent applicable, Final Adverse Actions under thisstatute are intended to encompass, at a minimum, allactions that require reporting to state or federalauthorities, including but not limited to the HealthcareIntegrity Protection Databank (HIPDB)/NationalPractitioners Data Bank (NPDB).(t) Independent Practice means practice of social work outsideof an organized setting, such as a social, medical, orgovernmental agency, in which the social worker assumesresponsibility and accountability for services provided.(u) Licensee means a person duly licensed or registeredunder this Act.(v) Master’s Social Worker means a person duly licensedto practice Master’s Social Work.(w) Private Practice means the provision of Clinical SocialWork services by a licensed Clinical Social Worker whoassumes responsibility and accountability for the nature andquality of the services provided to the Client in exchangefor direct payment or third-party reimbursement.(x) Program of Continuing Education means aneducational program offered by an Approved Providerof Continuing Education.Model Social Work Practice Act 9

(y) Psychotherapy means the use of treatment methodsutilizing a specialized, formal interaction between aClinical Social Worker and an individual, couple,family, or group in which a therapeutic relationship isestablished, maintained and sustained to understandunconscious processes, intrapersonal, interpersonaland psychosocial dynamics, and the assessment,diagnosis, and treatment of mental, emotional, andbehavioral disorders, conditions and addictions.(z) Supervision for Licensure means the professionalrelationship between a supervisee and an ApprovedSupervisor who provides oversight, direction, andevaluation over the services provided by the supervisee andpromotes continued development of the supervisee’sknowledge, skills, and abilities to provide social workservices in an ethical and competent manner.10 Association of Social Work BoardsSection 109(y). Definitions.See comment on Section 109(j)

Article II. Board of Social Work.Introductory Comment to Article IIThe state’s first step in regulating the practice of social work is the establishment of a way in which theregulations will be administered—the creation of the Board. Article II of the Act defines and creates the Board byspecifying elements necessary to its formation, organization, and operation. Each section in this article coverselements that ASWB considers necessary to the proper formation and efficient operation of the Board. Several ofthese sections, especially those containing innovative or infrequently used provisions, are supplemented byexplanatory comments.One of the most important guiding principles of this Article, and in fact the Act as a whole, is the philosophy thatthe public is best served when statutes focus on general areas, and provide a framework within which the Boarddevelops rules that effectively respond to the regulatory needs in that jurisdiction. It is impossible for legislatures toenact comprehensive provisions dealing with all the matters with which a Board may be confronted, or to somehowlegislatively anticipate the changing conditions of the professions and the delivery of mental health and social services.Statutes are the best way to articulate the overarching values and intent of regulation, but are extremely impracticaltools for responding to public needs in a timely way. Statutes should create goals, guidelines, and policies in generalareas, and allow the Board to provide specifics in its rules. Consequently, ASWB recommends that Boards be grantedadequate power to adopt and amend rules with the greatest possible flexibility and autonomy. Section 212 of the Actis designed to accomplish this objective.Among the sections of Article II that may be of particular interest are Sections 202 and 203(b), pertaining to theinclusion of public members as Board members; Section 207, which provides ground and procedures for removal ofBoard members; and Section 213(b)(2), which enables Boards to utilize research and study grants and other fundswithout having to deposit these funds in general revenue accounts.Section 201. Designation.The responsibility for enforcement of the provisions of thisAct is hereby vested in the Board of Social Work (Board). TheBoard shall have all of the duties, powers, and authorityspecifically granted by or necessary for the enforcement of thisAct, as well as such other duties, powers, and authority as itmay be granted from time to time by applicable law.Section 202. Membership.The Board shall consist of members, [ ofwhom shall be a representative of the public, and theremainder] [each] of whom shall be social workers whopossess the qualifications specified in Section 203. The Boardshall at all times be comprised of at least one BaccalaureateSocial Worker, Master’s Social Worker, and Clinical SocialWorker.Section 202. Membership.The number of Board members should bedetermined by each individual jurisdictionaccording to its particular requirements.Individual jurisdictions may wish to considerBoard composition that reflects the diversity ofpractice environments and interests within theirborders. Variable factors such as population,number of social workers, and other localconsiderations, may all be relevant indetermining the number of

Baccalaureate Social Work is generalist practice that includes assessment, planning, intervention, evaluation, Case . and Clinical Social Workers—with . If social workers’ practice is beyond the purview of legal regulation thr