Professional & Occupational Standards

 Rules, Standards, & Procedures

for Louisiana Social Work Practice Act

CHAPTER VII.  IMPAIRED PROFESSIONAL PROGRAM AUTHORITY

701.  Authority.

A.  The Louisiana State Board of Social Work Examiners recognizes that impairments in the functioning of persons licensed, certified or registered to practice under the auspices of the Louisiana Social Work Practice Act can affect competent delivery of social work services and impair professional judgment.

B.  Therefore, in order to safeguard the public health, safety, and welfare of the people of this state, as mandated by R.S. 37:2701, the Louisiana State Board of Social Work Examiners establishes the Social Work Impaired Professional Program.

703.  Purpose and scope.

A.  The goal of the Social Work Impaired Professional Program is to provide for public protection through monitoring and a remediative course of action applicable to social workers who are functionally impaired in their ability to safely practice social work.  Impairments include, but are not limited to mental, physical, and addictive disorders or other conditions.  The program also supports recovery through preventive measures and allows entrance into the program before harm occurs.

B.  A social worker who meets the requirements of R.S. 37:2706, 2707 or 2708 may enter the program subsequent to voluntary disclosure of impairment via an initial or renewal application for a credential.  Entrance into the program may also occur by determination of the board, following involuntary disclosure of impairment in accordance with R.S. 37:2717 (A) (2) or R.S. 37:2717 (B) (4), or by other circumstances deemed appropriate by the board.  Participation in the program may hence be required as a prerequisite to continued social work practice in accordance with the conditions of any consent order, compliance or adjudication hearing.  A social worker who enters the program will be allowed to maintain his/her social work credential while in compliance with the requirements of their program.

C.  Professionals who participate in evaluation, monitoring or treatment and who are approved or designated by the board to render these services are afforded the immunity provisions of the Social Work Practice Act, La R.S. 37:2723.  The social worker will be responsible for executing all required releases of information and authorizations required for the board or its designees to obtain information from any monitor, treatment or service provider concerning the social worker’s progress and participation in the program.

705.  Program implementation.

A.  The board may utilize its discretionary authority to require or exclude specific components of this program for participants based upon determination of the nature and severity of the impairment.  Participation in the Social Work Impaired Professional Program may consist of all or part of the following components;

  1.  The program participant may be required to submit to an assessment relative to the impairment;

     a.  This assessment will be completed by a licensed professional who is pre-approved by the board.

     b.  The format and content of this assessment will meet the requirements designated by the board, but will at a minimum contain information concerning previous inpatient/outpatient treatment episodes; relapse history; an assessment of the participant’s psychosocial, physical and other needs relative to the impairment, and recommendations for future treatment.

     c.  The assessment will be forwarded to the board by the professional completing the assessment, and received by the board no later than thirty (30) days following the board’s determination of the participant’s eligibility or requirement to participate in the program.

   2.  The participant may be required to submit to ongoing monitoring for a period of up to five (5) years.

     a.  The beginning date of the monitoring period will be the date upon which a consent order is formally signed by the social worker and the board, or the date of the board’s official decision to require program participation in the event of an adjudication hearing.

   3.  During the monitoring period the social worker may be required to submit to random drug and/or alcohol screenings as determined appropriate by the board, or other monitoring requirements which are pertinent and relative to the documented impairment.

     a.  The interval and timing of the required screening will be directed by a Monitor who is pre-approved by the board.  This monitor will be considered to have been duly selected by the board as its agent for the purposes of directing the required screens.

     b.  The results and reports of the results of all screens will be submitted to the board before the final business day of the month following the date of the screen.

   4.  Receipt by the board of any positive, unexplained substance abuse/drug screen or reports of non-compliance or complications relative to the impairment during the monitoring period may result in suspension, or other appropriate action pertaining to the social workers credential as determined appropriate by the board.

   5.  When the impairment is substance related, the social worker may be required to attend Twelve Step meetings on a regular basis as determined appropriate by the designated licensed substance abuse professional, and as approved or required by the board, but should be no less than four (4) times monthly.

     a.  A pre-approved monthly log must be submitted to and received by the board before the final business day of the month following completion of the required meetings.  It is the social worker’s responsibility to ensure that these logs are properly completed and received by the board by the designated date.

     b.  The log requires documentation of the name of the sponsor, and meeting dates and times.

     c.  Submission of logs will be required for at least one year of program participation, but may be required for any period of time up to and including the entire term of monitoring as determined by the designated licensed substance abuse professional and as approved or required by the board.

   6.  During the monitoring period the social worker may be required to participate in professional supervision with a board approved and designated LCSW at a frequency determined by the Board for a period of time up to and including the entire five (5) year period of monitoring.

   7.  In the event that a social worker relocates to another jurisdiction, the social worker will within five (5) days of relocating be required to either enroll in the other jurisdiction’s impaired professional program and have the reports required under the agreement sent to the Louisiana State Board of Social Work Examiners, or if the other jurisdiction has no impaired professional program, the social worker will notify the licensing board of that jurisdiction that the social worker is impaired and enrolled in the Louisiana Social Work Impaired Professional Program.  Should the social worker fail to adhere to this requirement, in addition to being deemed in violation of the program requirements and corresponding consent order or adjudication, the social worker’s social work credential will be suspended.

   8.  The social worker shall notify the board office by telephone within 48 hours and in writing within five (5) working days of any changes of the social worker’s home or work address, telephone number, employment status, employer and/or change in scope or nature of practice.  The social worker may satisfy the notice by telephone requirement by leaving a voice message at the board office at times when the office is closed.

   9.  Other requirements for participation in the program may include but are not limited to limitations of social work practice.

  10.  The board, in addition to other conditions, may require that the social worker obtain regularly scheduled therapy (at a prescribed interval).

     a.  The type and interval of therapy may be recommended by the designated pre-approved licensed professional responsible for program monitoring, as approved by the board.

     b.  The type and interval of therapy may be required by the board.

     c.  The social worker may choose the licensed substance abuse professional, or other qualified professional to provide this therapy, subject to board approval and designation.

  11.  Notification of a violation of the terms or conditions of this agreement, consent order or adjudication order may result in the immediate suspension of the individual’s social work credential to practice in the State of Louisiana.

  12.  The social worker shall be responsible for all costs incurred in complying with the terms of this agreement, including but not limited to therapy, assessments, supervision, drug/alcohol screens and reproduction of treatment or other records.

  13.  The social worker must submit to the board an appropriately notarized statement indicating acceptance of the required conditions of participation in the Social Work Impaired Professional Program as mandated by the board, along with all initial (or updated) releases or authorizations for the board or its designees to obtain information concerning the social worker’s participation and progress in the program.  This statement and the required releases and authorizations must be submitted prior to the issuance of any initial credential or re-issuance of a renewal of a credential.

  14.  The board will, to the full extent permissible under R.S. 44:4 (26), maintain an agreement or consent order relating to the social worker’s participation in the Social Work Impaired Professional Program as a confidential matter.   The board retains the discretion to share information it deems necessary with those persons providing evaluation/assessment, therapy, treatment, supervision, monitoring or drug/alcohol testing or reports.  Violation of any terms, conditions or requirements contained in any consent order, or board decision can result in a loss of the confidential status.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2705. C.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Social Work Examiners, LR 29: