Loading
 

 

Oregon Bulletin

January 1, 2013

Board of Licensed Social Workers, Chapter 877

Rule Caption: Converts LCSWs to 2-year license; updates CE rules, licensee record requirements, adopts AG Model Rules.

Adm. Order No.: BLSW 1-2012

Filed with Sec. of State: 12-14-2012

Certified to be Effective: 1-1-13

Notice Publication Date: 12-1-12

Rules Adopted: 877-001-0009, 877-001-0028

Rules Amended: 877-001-0006, 877-001-0020, 877-001-0025, 877-020-0008, 877-020-0010, 877-020-0055, 877-020-0057, 877-025-0006, 877-025-0011, 877-030-0025, 877-030-0040

Rules Repealed: 877-025-0016, 877-040-0055

Subject: Converts LCSWs to 2-year license with a transition period beginning January 1, 2012 and ending December 31, 2013, without raising fees, prorating current yearly amount due for licensure renewal to the equivalent two-year amount. The Board is required to use the AG Model rules. The rules eliminate conflicts between Board rules and the 2012 AG Model Rules through deletion of OAR 877-040-0055 which contains provisions in conflict with the 2012 AG Model Rules. The rules establish specific requirements for regulated social workers to identify a name of record, address of record, and employer of record, and further require the regulated social worker to report any changes in these three record types to the Board within 30 days. The rules update and clarify CE requirements for renewal. The rules expand the types of mental health professionals that meet Board requirements for a CE study

 group. The rules permit limited CE credit for language courses taken to improve the ability of the regulated social worker to serve clients with increased competency. The rules correct citation errors in Division 20 of OAR Chapter 877.

Rules Coordinator: Martin Pittioni—(503) 373-1163

877-001-0006

Definitions

(1) “Authorization to practice regulated social work” is defined in ORS 675.510 as a certificate or license issued by the State Board of Licensed Social Workers under ORS 675.510 to 675.600.

(2) “Regulated social worker” is defined in ORS 675.510 as a baccalaureate social worker registered under 675.532; a master’s social worker licensed under 675.533; a clinical social work associate certified under 675.537; or a clinical social worker licensed under 675.530.

(3) The term “board” in OAR chapter 877 means the State Board of Licensed Social Workers established by ORS 675.590, unless otherwise specified.

(4) For the purpose of interpreting ORS 675.510(2), “professional practice” is characterized by all of the following:

(a) A client who receives professional services.

(b) Mental health services provided by a person who has or, by offering the services, purports to have specialized training in or knowledge of applying principles and methods listed in or suggested by ORS 675.510(2)(a) to (e).

(c) The organized providing of services in coordination with a volunteer organization or in a setting through which the provider receives remuneration for the services.

(5) For the purpose of interpreting ORS 675.510(2)(f):

(a) “Supervising clinical social work practice” means providing evaluation and direction of the clinical social work practice of the person supervised.

(b) “Administering clinical social work practice” means providing leadership, oversight, or direction to a practitioner who engages in the practice of clinical social work that substantially affects the use by the practitioner of principles and methods listed in or suggested by ORS 675.510(2)(a) to (e).

(c) “Teaching clinical social work practice” means providing instruction to one or more students in an academic or instructional setting by using one of the principles and methods listed in or suggested by ORS 675.510(2)(a) to (e) but does not include the use of such teaching tools as role plays, process recordings, case discussions, or video or audio tapes of client interactions that do not involve providing mental health services to a live client in the class room setting.

Stat. Auth: ORS 675.510 - 675.600, 675.532 - 675.533, SB 177(2009), HB 2345(2009)
Stats. Implemented: ORS 675.571, 675.532, 675.533, 675.990 - 675.994, 675.150
Hist.: BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-001-0009

Name, Address and Employer of Record

(1) Name of Record:

(a) A regulated social worker and applicant for licensure or certification as a regulated social worker shall establish and keep his/her current legal name on file with the board at all times.

(b) The name currently on file with the board shall be considered the name of record.

(c) At the time of a name change, the regulated social worker shall send a signed, written notification of change of name to the board, accompanied by legal proof of that name change. Legal proof shall be in the form of official records such as a birth certificate, marriage certificate or a court order/decree.

(d) Upon receipt of written notification and legal proof of name change, the board will change its records to reflect the regulated social worker’s name change.

(e) The regulated social worker must report any name change to the board within 30 days of the effective date of the name change.

(f) The name of record shall be the same name used for the regulated practice of social work.

(2) Address of Record:

(a) The regulated social worker and applicant for licensure or certification as a regulated social worker shall designate and provide an address of record to the board and keep it current with the board at all times.

(b) The regulated social worker and applicant for licensure or certification as a regulated social worker may designate, at his or her discretion, a current employment address, or home address, or P.O. Box address as an address of record with the board.

(c) Upon receipt of notification from the regulated social worker of a change of address of record, the board will change its records to reflect the regulated social worker’s current address of record.

(d) The board will send all official documents including license or certification renewal notices and Notices of Proposed Disciplinary Action to the regulated social worker ‘s address of record with the board. The board may elect to use electronic means of communication for all other forms communication, including but not limited to rulemaking notices and distribution of news from the board

(e) A Notice of Proposed Disciplinary Action sent to the regulated social worker or applicant for licensure or certification as a regulated social worker at the address of record by certified mail or registered mail, is sufficient notice even if the regulated social worker or applicant for licensure or certification as a regulated social worker fails to or refuses to respond to the postal service “return receipt” and never receives the Notice. Such mailing permits the board to proceed with disciplinary action in the absence of a request for a hearing.

(f) A regulated social worker and applicant for licensure or certification as a regulated social worker must report a change in his/her address of record to the board within 30 days of the effective date of the change.

(3) Employer of Record: Any regulated social worker actively practicing social work shall report his/her current place of employment to the board. Each change in employer and employer’s mailing address must be submitted to the board no later than 30 days after the change.

Stat. Auth: ORS 675.510 - 675.600 & OAR 137-001-0005 - 137-001-0100
Stats. Implemented: ORS 675.510 - 675.600
Hist.: BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-001-0020

Fees for Certification and Licensing

Following are the fees due, without pro ration, as a condition of obtaining and retaining a certificate or license under this division of rules:

(1) The application fee for an initial certificate or license is:

(a) Registered Baccalaureate Social Worker — $50;

(b) Licensed Master’s Social Worker — $50;

(c) Clinical Social Work Associate — $150;

(d) Licensed Clinical Social Worker — $150.

(2) The fee for initial issuance of a certificate or license is:

(a) Registered Baccalaureate Social Worker — $50;

(b) Licensed Master’s Social Worker — $100;

(c) Clinical Social Work Associate — $60;

(d) Licensed Clinical Social Worker — $260.

(3) The fee for the renewal of a certificate or license is:

(a) Registered Baccalaureate Social Worker:

(A) Active — $100;

(B) Inactive — $40.

(b) Licensed Master’s Social Worker:

(A) Active — $200;

(B) Inactive — $80.

(c) Clinical Social Work Associate — $60;

(d) Licensed Clinical Social Worker:

(A) Active — $260;

(B) Inactive — $96.

(4) The late fee for a request for renewal of a certificate or license received by the board after the renewal date of the certificate or license is:

(a) Registered Baccalaureate Social Worker — $50;

(b) Licensed Master’s Social Worker — $50;

(c) Clinical Social Work Associate — $50;

(d) Licensed Clinical Social Worker on active status — $200;

(e) Licensed Clinical Social Workers on inactive status or Licensed Clinical Social Workers renewing a license under the provisions of OAR 877-020-0060 — $50.

(5) The fees in 877-001-0020(1)(b) and (2)(b) are waived for any Clinical Social Work Associate who applies for Licensed Master’s Social Worker licensure after having completed 75 hours of supervision required in 877-020-0010(3)(b)(A).

(6) The Board may waive any fees in sections (1) through (4) of this rule, upon written request, for any active duty military personnel deployed for 90 days or more outside the State of Oregon.

Stat. Auth: ORS 675.510-675.600, 675.532-675.533, SB 177(2009) & HB 2345(2009)
Stats. Implemented: ORS 675.571, 675.532, 675.533, 675.990-675.994 & 675.150
Hist.: BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2011(Temp), f. & cert. ef. 7-5-11 thru 12-31-11; BLSW 2-2011, f. & cert. ef. 12-29-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-001-0025

Renewals of Authorization to Practice Regulated Social Work

(1) Renewal of authorizations to practice regulated social work: The holder of an authorization to practice regulated social work may renew the authorization by submitting the following to the board:

(a) A completed application for renewal that shows that the holder of the authorization has met the requirements for continuing education in division 25 of this chapter of rules.

(b) The fee required by OAR 877-001-0020.

(2) An authorization lapses at the conclusion of the 30th day following the renewal date unless the holder has met the requirements of section (1) of this rule.

(3) The renewal date for an authorization is the final day of the birth month of the holder in the year the authorization expires. An authorization expires as follows:

(a) A certificate of clinical social work associate expires each year.

(b) A master’s social worker license and a certificate of baccalaureate social worker registration and a license as a clinical social worker expire in the month following the first birth month that occurs a minimum of 18 months following the initial issuance and every second year thereafter.

(4) An authorization expires when it lapses under section (2) of this rule.

Stat. Auth: ORS 675.510 - 675.600, 675.532 - 675.533, SB 177(2009), HB 2345(2009)
Stats. Implemented: ORS 675.571, 675.532, 675.533, 675.990 - 675.994, 675.150
Hist.: BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-001-0028

Transition from One Year to Two Year Licensure for Licensed Clinical Social Workers

(1) The fee for active licensure renewal as a Licensed Clinical Social Worker of $260 provided for in OAR 877-001-0020(3)(d)(A) shall be reduced by half, to $130, for even-numbered licenses with renewal dates between January 1, 2013 and December 31, 2013, and the renewal term provided for in 877-001-0025(3)(b) shall be reduced by half for the licenses renewed under the provision of this subsection.

(2) The fee for active licensure renewal as a Licensed Clinical Social Worker under the reduced requirements of OAR 877-020-0060 of $130 provided for in 877-001-0020(3)(d)(A) shall be reduced by half, to $65, for even-numbered licenses with renewal dates between January 1, 2013 and December 31, 2013, and the renewal term provided for in 877-001-0025(3)(b) shall be reduced by half for the licenses renewed under the provision of this subsection.

Stat. Auth: ORS 675.510 - 675.600 & OAR 137-001-0005 - 137-001-0100
Stats. Implemented: ORS 675.510 - 675.600
Hist.: BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-020-0008

Licensing Requirements

To be eligible for an initial clinical social work license, except when the provisions of OAR 877-020-0016 apply, a person must meet the requirements in sections (1) through (5) of this rule:

(1) The person must complete the requirements in OAR 877-020-0009 to receive a certificate of social work associate and must hold a current certificate in good standing, or must have completed the equivalent of this requirement in another state.

(2) The person must be fit to practice social work in Oregon. In making this fitness determination, the board will consider whether the person is subject of an investigation or disciplinary action by a licensing board and the reasons for the action. The board uses the following additional standard and procedure to make a fitness determination:

(a) To be fit to practice social work in Oregon, the person must have demonstrated and must currently have:

(A) Good moral character. For purposes of this rule, lack of “good moral character” may be established by reference to acts or conduct which would cause a reasonable person to have substantial doubt about the individual’s honesty, fairness, or respect for the rights of others or for the laws of the state or nation. The conduct or acts in question should be rationally connected to the applicant’s fitness to practice clinical social work; and

(B) A personal history of conduct that is consistent with the standards contained in division 30 of this chapter of rules.

(b) In the event the person’s history includes conduct that may call into question the person’s fitness, the board will consider, if made available by the person, the amount of time elapsed since the conduct and the person’s relevant conduct since the questioned conduct, including remedial or compensatory actions taken by the person, if appropriate.

(3) The person must complete the requirements of an approved plan of practice and supervision in accordance with the rules in this division of rules.

(4) The person must pass both the examination administered by the board on the subjects listed in section (5)(a) of this rule with a score of not less than 90 per cent and a national examination for clinical social workers administered by an organization approved by the board on the subjects listed in section (5)(b) of this rule. The person may take the national exam any time after having completed 75 hours of supervision required in OAR 877-020-0010(3)(b)(A).

(5) The subjects tested on the exam are:

(a) For the examination on the Oregon statutes and rules:

(A) The contents of ORS 675.510 to 675.600 and OAR chapter 877, which are the Oregon statutes and administrative rules governing the practice standards and responsibilities of a licensed clinical social worker.

(B) Oregon Revised Statutes relating to mental health practice that may be relevant to clinical social work practice.

(b) For the national examination:

(A) Human Development, Diversity and Behavior in the Environment.

(B) Assessment, Diagnosis and Treatment Planning..

(C) Psychotherapy, Clinical Interventions and Case Management

(D) Professional Ethics and Values.

Stat. Auth.: ORS 675.510 - 675.600 & 675.990
Stats. Implemented: ORS 675.535
Hist.: BCSW 2-1990, f. & cert. ef. 7-13-90; BCSW 3-1990(Temp), f. & cert. ef. 10-15-90; BCSW 1-1991, f. & cert. ef. 3-15-91; BCSW 2-1991, f. & cert. ef. 5-30-91; BCSW 1-1992, f. & cert. ef. 6-30-92; BCSW 2-1993, f. & cert. ef. 10-13-93; BCSW 1-1997, f. & cert. ef. 3-25-97; BCSW 1-1999, f. & cert. ef. 4-9-99; BCSW 1-2001, f. & cert. ef. 5-4-01; BCSW 1-2008, f. 6-27-08, cert. ef. 7-1-08; BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2011(Temp), f. & cert. ef. 7-5-11 thru 12-31-11; BLSW 2-2011, f. & cert. ef. 12-29-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-020-0010

Plan of Practice and Supervision

(1) After a person submits an application described in OAR 877-020-0009, the board will inform the person whether the application, including the plan of practice and supervision, is approved.

(2) After an application has been approved, an associate may request a change to a plan of practice and supervision by submitting a request to the board that provides a justification for the change and ensures that the plan, as modified, will meet the requirements of this division of rules.

(3) For the associate to satisfactorily complete a plan of practice and supervision, the following requirements must be met while the associate is working under an approved plan of practice and supervision:

(a) The contact with clients described in OAR 877-020-0009(4)(b) must be direct contact during which the associate practices clinical social work, which is defined in ORS 675.510(2).

(b) The associate must meet with a supervisor identified in the plan, as required in OAR 877-020-0009(4)(d):

(A) For a total of 100 hours over a period of not less than 24 consecutive months nor more than 60 consecutive months, of which a minimum of 50 hours must be individual supervision. The associate must meet at least twice each month with a plan supervisor for a minimum of one hour. If there is a second supervisor for group supervision, the requirement in this paragraph (A) is met by a single one-hour meeting with each supervisor.

(B) After the associate has completed the plan requirements contained in paragraph (A) of this sub-section, the associate must continue to meet at least once each month with a plan supervisor for a minimum of one hour.

(c) All supervision must be accomplished directly, in a professional setting.

(d) The associate must submit to the board, on a form provided by the board, each evaluation by the supervisor (or supervisors in the event two are authorized) required by OAR 877-020-0012(2)(e)(A) of the progress by the associate toward completion of the plan.

(e) The associate must pass the national examination required by OAR 877-020-0008.

(f) The associate must work with each supervisor identified in an approved plan for not less than six months unless

(A) A change in supervision is required by a reason outside the control of the associate and the board approves the change; or

(B) The associate has completed the requirements of the plan.

Stat. Auth.: ORS 675.510 - 675.600 & 675.990
Stats. Implemented: ORS 675.537
Hist.: BCSW 1-1982, f. & ef. 1-29-82; BCSW 1-1986, f. & ef. 7-7-86; BCSW 1-1987, f. & ef. 12-29-87; BCSW 2-1990, f. & cert. ef. 7-13-90; BCSW 2-1991, f. & cert. ef. 5-30-91; BCSW 1-1992, f. & cert. ef. 6-30-92; BCSW 2-1993, f. & cert. ef. 10-13-93; BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2008, f. 6-27-08, cert. ef. 7-1-08; BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2011(Temp), f. & cert. ef. 7-5-11 thru 12-31-11; BLSW 2-2011, f. & cert. ef. 12-29-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-020-0055

Return to Active Status for Licensees

(1) The holder of an inactive certificate or license may submit a written request to the board to return to active status.

(2) As a condition of approving the request, the board may require the holder to complete continuing education in specified topics. Normally, the board will not impose a requirement to complete continuing education if the period of inactive status is less than two years.

(3) As a condition of approving the request, the board may require the holder to work under a plan of practice and supervision, or to meet other requirements that demonstrate the holder’s fitness before re-activating the license. The requirement to work under a plan of practice and supervision is based on the candidate’s circumstances, including the candidate’s practice experience and the duration of the inactive period. Normally, the board will not impose a requirement to work under a plan of practice and supervision if the period of inactive status is less than five years.

(4) The holder of an inactive license must pass the examination on Oregon statutes and rules described in OAR 877-020-0008(5)(a) if the request to return to active status is received by the board more than 36 months after the board notified the holder that the license was inactive.

Stat. Auth.: ORS 675.510 - 675.600
Stats. Implemented: ORS 675.510 - 675.600 & 675.900
Hist.: BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2008, f. 6-27-08, cert. ef. 7-1-08; BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-020-0057

Re-licensing of Former License Holder

(1) A person whose license has lapsed (applicant) may apply to the board to receive a new license.

(2) To be eligible for a license, an applicant:

(a) Must meet the degree requirements in OAR 877-020-0009(2).

(b) Must meet the fitness requirements in OAR 877-020-0008(2) and is subject to the provisions of OAR 877-022-0005 as an applicant for a license.

(c) Must have passed the national examination described in OAR 877-020-0008(5) and (6).

(d) May be subject to requirements of the board, determined on an individual basis, to work under a plan of practice and supervision designed to take into account the experience of the applicant, recency of practice, and other factors that pertain to the applicant.

(e) May be subject to requirements of the board, determined on an individual basis, to complete continuing education in specified topics.

(f) Must pass the examination on Oregon statutes and rules described in OAR 877-020-0008(5)(a).

Stat. Auth.: ORS 675.510 - 675.600
Stats. Implemented: ORS 675.510 - 675.600
Hist.: BLSW 1-2010, f. & cert. ef. 1-15-10; BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-025-0006

Types of Continuing Education

To meet the requirements of this division of rules, continuing education must be one of the following:

(1) A conference, seminar, book, journal article or workshop that:

(a) Addresses subjects related to the regulated social worker’s work practice;

(b) Is attended (or read as applicable) by the regulated social worker in person, on-line or through a web cast; and

(c) Is provided or approved by a credentialing body recognized and approved by the board. The board recognizes and approves a credentialing body based on the following practices of the body:

(A) The body uses an established process for determining which training to provide or approve.

(B) The body uses an established process for determining who will present the training.

(C) The body provides, with respect to the training, written materials that demonstrate the relevance of the training to the field of clinical social work.

(D) The body establishes an appropriate number of continuing education credits for the training.

(E) The body verifies the credentials of the presenters of the training.

(F) The body uses an established system for the evaluation of presenters.

(G) The body provides a certificate of completion to those who attend, based on actual attendance.

(2) A conference, seminar, book, journal article, or workshop that:

(a) Meets the following requirements:

(A) Is related to the field of clinical social work or, in the case of a baccalaureate social worker or master’s social worker, the field of social work;

(B) Addresses subjects related to the regulated social worker’s work practice;

(C) Is not provided or approved by a credentialing body recognized and approved by the board; and

(D) Is attended (or read as applicable) by the regulated social worker in person, on-line, or through a web cast.

(b) Is approved by the Board based on the regulated social worker’s written application that:

(A) Contains the following information:

(i) Name or description of the event.

(ii) Date of the event.

(iii) Brief description of the training sufficient to show that the training meets the requirements of section (2)(a) of this rule.

(iv) Name and credentials of each presenter.

(v) Number of continuing education units requested.

(vi) Copy of the certificate of completion.

(B) Is received by the board not later than the time of the submission of the report required by OAR 877-025-0021 and not later than 45 days prior to the last day of the birth month of the regulated social worker.

(c) No more than 10 hours of continuing education described in OAR 877-025-0006(2) may be credited in a report.

(3) For Registered Baccalaureate Social Workers and Licensed Master’s Social Workers, an in-service, agency-sponsored program that otherwise meets the requirements of subsection (2) of this rule section. CE credit form such a qualifying in-service can be used for up to half the applicable CE hours required for renewal. (4) A course related to social work at an accredited college or university.

(4) A training video or audio recording approved by a credentialing body recognized and approved by the board using the standards provided in section (1)(c) of this rule. Successful completion is demonstrated by award to the regulated social worker by the credentialing body.

(5) Participation in a study group, subject to the following limitations:

(a) The group must contain a minimum of five and a maximum of ten — mental health professionals who meet for a minimum of an hour on a scheduled basis to discuss topics directly related to the field of social work.

(b) The focus of the group’s meeting must be a presentation or discussion of a book or article published by a professional body.

(c) The topics of the group’s discussion must be directly related to established mental health care and relevant to good practice.

(d) A maximum of two hours may be credited for a single group meeting.

(e) Credit for participation in a study group must be approved by the board. To apply for approval, a regulated social worker must submit the names of the group members and discussion topics to the board.

(f) For purposes of this section, mental health professionals is defined as those who:

(A) Hold a current license or certification for mental health service delivery issued by the State of Oregon; or

(B) Are certified under the authority of ORS 430.256 and 430.357 as Certified Alcohol and Drug Counselors to provide alcohol and drug abuse prevention services, intervention services and treatment; or

(C) Are employed by or contracting with an entity that is certified or licensed by the State of Oregon under ORS 430.610 to 430.695 to provide mental health treatment or addiction services, and authorized to use the designation of ‘Qualified Mental Health Professional ‘ or ‘Qualified Mental Health Associate’ under the rules of the State of Oregon.

(6) Development and presentation of a conference, workshop, or seminar that would be countable for credit under section (1) or (2) of this rule.

(7) A language course taken and completed with a passing grade at an accredited college, community college or university for the purpose of improving the regulated social worker’s capacity to serve clients with increased competency. No more than 25% of the continuing education credited in a report can originate from language credit as provided for in this subsection.

Stat. Auth.: ORS 675.510(3), 675.530(1)(3), 675.535(1), 675.537(1)(3), 675.560 (2), 675.571(4), 675.595(3), 675.600(1)(a)
Stats. Implemented: ORS 675.510 - 675.600
Hist.: BCSW 1-2008, f. 6-27-08, cert. ef. 7-1-08; BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2011(Temp), f. & cert. ef. 7-5-11 thru 12-31-11; BLSW 2-2011, f. & cert. ef. 12-29-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-025-0011

Required Hours of Continued Education

(1) Generally.

(a) A regulated social worker is required to report continuing education for all periods during which the person’s registration or license is active except for the period covered by the initial certificate of registration or license, unless a waiver is granted under section (2) of this rule. An initial issuance is the first issuance of the board of a certificate of registration or license to the regulated social worker.

(b) Following the first renewal of a certificate of registration or license, except when the regulated social worker is on inactive status, the regulated social worker must complete continuing education in each reporting period at the times described in OAR 877-025-0021. The holder of an inactive certificate of registration or license is not required to submit the biennial report.

(c) A report covering a two-year period must include:

(A) For a registered baccalaureate social worker, a minimum of 20 hours of creditable continuing education, including a minimum of 6 hours of ethics.

(B) For a master’s social worker, a minimum of 30 hours of creditable continuing education, including a minimum of 6 hours of ethics.

(C) For a licensed clinical social worker, a minimum of 40 hours of creditable continuing education, including a minimum of 6 hours of ethics. A licensed clinical social worker who reports more than 40 hours for a two-year reporting period or 20 for a one-year reporting period may carry over the excess hours to the next required report. No more than 10 hours may be carried over to the next reporting period.

(d) In a report that covers a shorter period than two years, as may happen in the case of the first report by a new regulated social worker or following the reactivation of a registration or license, the number of hours required by sub-section (c) of this section is pro-rated.

(2) Waiver of requirement.

(a) Upon timely written request of a regulated social worker, made as soon as the regulated social worker is aware of the possible need for a waiver, the board may reduce the number of hours required by section (1) of this rule in the event the regulated social worker is unable, due to circumstances beyond the reasonable control of the [licensee] regulated social worker, to complete the number of hours of continued education required by this division of rules.

(b) A reduction authorized by the board would normally reflect the regulated social worker’s ability to attend training during the time not affected by the adverse circumstances leading to the request. For instance, a regulated social worker unaffected by the adverse circumstance during the first year of a two-year reporting period would be expected to obtain 20 hours of credit.

(c) Examples of circumstances that may justify a waiver are:

(A) A circumstance beyond the reasonable control of the regulated social worker makes it impracticable to attend training for an extended time.

(B) The health of the regulated social worker or of another person makes it impracticable to attend training for an extended time.

Stat. Auth.: ORS 675.510(3), 675.530(1)(3), 675.535(1), 675.537(1)(3), 675.560 (2), 675.571(4), 675.595(3), 675.600(1)(a)
Stats. Implemented: ORS 675.510 - 675.600
Hist.: BCSW 1-2008, f. 6-27-08, cert. ef. 7-1-08; BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2011(Temp), f. & cert. ef. 7-5-11 thru 12-31-11; BLSW 2-2011, f. & cert. ef. 12-29-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-030-0025

Applicability

The following rules in this division of rules provide a standard of ethics to be followed by regulated social workers and applicants for licensure or certification to practice as a regulated social worker.

Stat. Auth.: ORS 675.510 - 675.600 & 675.900
Stats. Implemented: ORS 675.595
Hist.: BCSW 1-2001, f. & cert. ef. 5-4-01; BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

877-030-0040

Conduct and Reporting Requirements of Regulated Social Workers

(1) Conduct: The following minimum standards of professional conduct apply to regulated social workers:

(a) Private conduct of regulated social workers is a personal matter to the same extent as with any other person, except when that conduct compromises the fulfillment of professional responsibilities.

(b) Regulated social workers may not participate in, condone, or be associated with dishonesty, fraud, deceit, or misrepresentation.

(c) Regulated social workers may not misrepresent their professional qualifications, education, experience, or affiliations.(2) Reporting Requirements:

(a) Regulated social workers must report to the Board as soon as practicable, but not later than 10 days after:

(A) Being convicted of a misdemeanor or felony;

(B) Being arrested for a felony crime;

(C) Receiving notice of a civil lawsuit that names the regulated social worker as a defendant and makes allegations related to the regulated social worker’s practice of clinical social work or the regulated social worker’s license or certificate;

(D) Becoming an in-patient in a psychiatric hospital or psychiatric day treatment facility; or

(E) Receiving notice of a regulatory action related to the regulated social worker’s license or certificate.

(b) Regulated social workers must report child and elderly abuse as required by ORS 419B.005 to 419B.050 and 124.050 to 124.095.

(c) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a regulated social worker is required to report to the board any information the regulated social worker has that appears to show that a regulated social worker is or may be an impaired professional or may have engaged in unprofessional conduct according to the guidelines of the code of ethics, to the extent that disclosure does not conflict with the requirements of ORS 675.580. A regulated social worker is an impaired professional if the regulated social worker is unable to practice with professional skill and safety by reason of habitual or excessive use or abuse of drugs, alcohol or other substances that impair ability or by reason of a mental health disorder.

(d) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a regulated social worker licensee who has reasonable cause to believe that a licensee has engaged in prohibited or unprofessional conduct is required to report the conduct to the board responsible for the licensee who is believed to have engaged in the conduct. The reporting regulated social worker must report the conduct without undue delay, but in no event later than 10 working days after the reporting regulated social worker learns of the conduct. In this section:

(A) “Licensee” means a health professional licensed or certified by or registered with a board.

(B) “Board” has the meaning given that term in ORS 676.150.

(C) “Prohibited conduct” means conduct by a licensee that:

(i) Constitutes a criminal act against a patient or client; or

(ii) Constitutes a criminal act that creates a risk of harm to a patient or client.

(D) “Unprofessional conduct” means conduct unbecoming a licensee or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the licensee’s profession or conduct that endangers the health, safety or welfare of a patient or client.

(2) Administrative Reporting Requirements: Regulated Social Workers must notify the Board as soon as practicable, but no later than 30 days, after changes in the regulated social workers name of record, address of record, and employer of record, including changes in the mailing address of the employer of record, as defined in OAR 877-001-0009.

Stat. Auth.: ORS 675.510 - 675.600 & 675.900
Stats. Implemented: ORS 675.595
Hist.: BCSW 2-1993, f. & cert. ef. 10-13-93; BCSW 1-2001, f. & cert. ef. 5-4-01; BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2008, f. 6-27-08, cert. ef. 7-1-08; BLSW 1-2010, f. & cert. ef. 1-15-10; BLSW 2-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11; BLSW 1-2012, f. 12-14-12, cert. ef. 1-1-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​