January, 2000

Inside this Issue:

How Do BCSWs Change Their Status to LCSW

Queries

About Your Address

New email & website address

New Licensees

Elimination of Retired Status

Access to Legal Counsel Unavailable

Board Meeting Dates

Board Vacancies

In Remembrance

 

LSA R.S. 37:2708. C., requires that BCSWs in the State of Louisiana submit an affidavit to the Board office within a one (1) year period between January 1, 2000 and January 1, 2001 stating their desire to secure the Licensed Clinical Social Worker (LCSW) license. LSA R.S. 37:2709 further requires that this license be conspicuously posted in the office(s) or place(s) of business at all times. The Board office will mail an affidavit to each BCSW in mid-January, 2000 or you may download the affidavit from our website at http://www.labswe.org.

The affidavit will allow BCSWs to officially change their status and purchase either a seal to attach to their current BCSW wall certificate indicating that it has changed to the LCSW license or to purchase a new LCSW wall certificate to display in their office. If a BCSW does not submit an affidavit by December 31, 2000, they will be assigned the graduate social work (GSW) status effective January 1, 2001, and shall be subject to the qualifications listed in R.S.37:2708 to change their status after January 1, 2001.

Queries

I work with post-conviction sex offenders under the guidelines of the Department of Public Safety and Corrections. I also work with victims of child abuse who are referred by Child Protection Services. What is my mandatory reporting duty with these clients? What do I do in cases where the victim is not identified? What about when the victim reports previous child abuse when he is now over the age of 18?

Obviously when your client has been referred by the Department of Public Safety and Corrections or by Child Protection Services, there is no need to report the abuse for which they have been referred. Additional evidence elicited in treatment of continued abuse or endangerment of the original victim or other minors would necessitate additional reporting to proper authorities. Under no circumstances should additional abuse of the original victim or any other minors go unreported merely because the abusive offender is in treatment.

When you have information of abuse where the victim’s identity is unknown, it is unlikely that Child Protection or law enforcement will be able to take action. It is recommended that you make the report anyway with as much information as is available and document the fact that the report was made in your own records.

Reporting child abuse of a victim who was a child at the time of the abuse but is now over 18 years of age at the time of the report may not result in an investigation by Child Protection or law enforcement personnel. However, this report may be of great significance if there are additional minors still accessible to the accused perpetrator.

I am a social worker in full time private practice. I am also the author of two "self-help" books, a series of relaxation tapes, a Smoking Cessation Program and computer software designed to help with life organization. All these materials are displayed in my waiting room and may be purchased through my secretary. A colleague recently suggested that this availability of products at my office might be construed as a violation of the new ethical standards. Is he right or is he simply jealous of my accomplishments?

The Board’s new Rules, Standards and Procedures contain several rules that prohibit dual relationships between social workers and their clients. Rule 113(A)(4) offers an example of exploitive behavior as entering into a sale, lease, or joint venture or other business venture with a client, supervisee or student. Rule 113 (B) recognizes the social worker’s affirmative duty "to maintain the best interests of clients and former clients as the predominant consideration during the existence of the social worker/client relationship and thereafter." Rule 113 (C) imposes a "burden of proof" whereby the social worker must be able to fully demonstrate that the client or former client was neither exploited nor harmed by the relationship. Specifically Rule 113(C)(6) requires that "a social worker shall not engage in any type of business relationship other than the provision of social work services, including social work supervision." Although the social worker may purchase from the client necessary goods which the client is providing for the general public, the converse is not true. The Social Work Practice Act does not define the provision of social work services to include the sale of items such as books, programs, software or tapes.

The selling, marketing, brokering or promoting of such materials by the social worker to the client introduces a business relationship other than the provision of social work services. There is a potential for a shift in focus from that which is predominately in the best interest of the client to that which also may be financially beneficial to the social worker.

Social workers who make individualized hypnotic or relaxation tapes for specific clients as part of the treatment process may charge for the tapes according to the time spent in preparation provided these fees are established in the social worker’s usual fee for service explanation prior to initial service delivery.

If a social worker has produced general marketable products, these would best be offered to the public in a retail setting. Clients can then shop for competitive prices. Even recommending to a client that such materials might be helpful is a questionable practice if the purchase of such materials would financially benefit the social worker. Your colleague is right. Clean up your waiting room.

The Substance Abuse Counselors Certification Act R.S.37:3371 et. seg. defines Substance Abuse Counselor as "any person who, by means of his special knowledge acquired through formal education and practical experience, is qualified to provide substance abuse counseling and who is certified in such in accordance with the provisions of this Chapter." LA R.S. 37:3372 (11). Core functions are defined as "the screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, referral reports, and record keeping activities associated with counseling and consultation with other credentialed professionals." LA R.S. 37:3372(4).

This Practice Act authorizes the Substance Abuse Counselor to render professional guidance to abusers of drugs or alcohol or to those at risk of abuse of alcohol, tobacco or other drugs. The Act was amended in 1977 to include Compulsive Gambling Counseling within the scope of practice. The scope of practice does not authorize Substance Abuse Counselors to practice social work or "to provide counseling for disorders other than substance abuse or compulisive gambling, or for prevention." The Substance Abuse Practice Act also does not exclude social workers from the delivery of social work services to substance abusers and their families.

The new counselor in your agency should be assigned clients with substance abuse or gambling addiction issues after you or another mental health professional has made an assessment and diagnosis in order to determine that other disorders are not present.

No. The new Rules, Standards and Procedures 507. B.2. note that all BACS must "conduct all supervisory duties explicated in the Lousiana State Board of Social Work Examiners’ Supervision for Professional Development and Public Protection - A Guide (available from the board office);" The Guide offers the following in Chapter 2, page 41 under Accountability: "The Board discourages supervision between individuals who are related by blood, marriage, friendship, or prior therapy, due to the confusion and lack of focus which can result when these relationships are mixed with the supervisory relationship." Contact the Board for a list of BACS in your area, select three reputable social workers’ names and encourage your cousin to find her own supervisor.

I am a GSW working towards the LCSW license. If I miss a week of supervision because I am sick, does the Board allow me to count that month towards the licensure requirement?

Yes and No. Under our old Rules and Regulations you were required to accumulate 100 hours of supervision over a period of 24 months. Under the new Rules, Standards and Procedures you must accumulate 36 months of social work experience. 24 of those months must be supervised for a total of 96 hours of supervision at a rate of 4 hours per month. A supervisee and a supervisor must meet at least twice per month to achieve the required total of 4 hours per month. If you and your supervisor are meeting once a week for one hour and miss the last week due to illness, you will not be allowed to count that month of supervision. However, if you had already completed two separate supervisory sessions, totaling at least 4 clock hours earlier in the month, you would have met the supervision requirement for that month even though you miss the last week due to illness. Either way, you will be allowed to count that month of employment towards the 36 months required for licensure.

What you are proposing presents problems in the dual relationship inherent in such an undertaking. You cannot be a psychotherapist for people you already relate to socially within your church congregation. In addition, volunteer work can no longer be used for supervised experience. However, MSWs who received pre-approval from the Board prior to December 31, 1999 for supervised volunteer positions, will be allowed to complete that volunteer work in the year 2000 and count it toward the supervised experience requirement for the LCSW license. No new volunteer positions will be approved consistent with our new Rules, Standards and Procedures, Chapter V.501. A and B: "A GSW must be a salaried employee of an agency, organization or facility that delivers social work services...Volunteer work is not counted toward meeting the employment criteria".

Under the old Rules and Regulations, I began my supervision with a Board Certified Psychiatrist. Can I continue to be supervised by a psychiatrist after January 1, 2000 when the new Practice Act goes into effect?

The new Practice Act requires supervision by an LCSW. If you had already entered into a supervisory contract with a Board Certified Psychiatrist prior to January 1, 2000, you will be allowed to continue. No new supervisory contracts with psychiatrists will be approved consistent with the requirements of our new law.

Because I began supervision before January 1, 2000, can I continue to work part-time?

The ability to work part-time and be supervised for licensure has been changed by the new Practice Act. All GSWs must now be working at least 30 hours per week to receive credit for supervision. GSWs may work multiple part-time jobs to achieve the necessary 30 work hours per week.

I am a GSW who works in the school system in Pupil Appraisal. I provide clinical services in the interview and evaluation of children and their families but I do not provide direct psychotherapy services to children and their parents. Do I have to be supervised?

Your question requires a complex answer so please read this reply carefully. The Rules, Standards and Procedures Chapter V. 501. state that "The GSW who pursues the LCSW credential, or who provides clinical services which constitute psychotherapy must be supervised." If you are pursuing the LCSW credential, you must be supervised by a BACS for a total of 4 hours per month (meeting at least twice a month for a period of 24 months) and you must accumulate at least 36 months of post-masters social work experience.

If you are not interested in pursuing the LCSW credential or are simply working to accumulate the additional 12 months of required experience and, as you describe, are not involved in clinical services which constitute psychotherapy, you do not have to be supervised. However, your employing agency ultimately is responsible and accountable and may require or provide access to LCSW supervision to ensure quality of services. You may also independently decide to secure LCSW supervision.

Those GSWs who are not pursing licensure or who are working to fulfill the new additional 12 month experience requirement toward licensure, may deliver clinical services which constitute psychotherapy only under the supervision of an LCSW. This would include school social workers who do provide direct psychotherapeutic services for children and their families in the school setting. The supervising LCSW for those not pursuing licensure does not have to be a BACS. Such supervision must total a minimum of 2 hours per month counted in increments of no fewer than 30 minutes. On-site supervision by the LCSW is preferred but supervision may be rendered individually, in a group setting, through telephone contact or by secure electronic media in order to meet the needs of the agency.

 

About your address.....

Board Meeting Dates for 2000:

"Practice Made Perfect (or close enough)"

Welcome New BCSWs

The following social workers have been granted the BCSW license by the Board since the last newsletter:

LSA R.S. 37:2714., requires that all RSWs, GSWs, and LCSWs complete annual continuing education in order to protect the public of the State of Louisiana from unauthorized, unqualified and improper practice of social work. The "Retired Status" was deleted from the Rules, Standards, and Procedures in an effort to assure that any person who possesses an RSW, GSW, or LCSW is qualified to practice as a social worker in the State of Louisiana.

Unavailable

The Board often receives requests for legal guidance from individual licensees. On these occasions, the staff tries to provide social workers with copies of law, rules, and newsletter articles but the Board is unable to provide access to individualized legal counsel for a specific licensee.

Board Vacancies

Effective January 1, 2000 the Louisiana State Board of Social Work Examiners shall consist of the following members:

(1) One registered social worker with at least five years of social work experience.

(2) One certified graduate social worker with at least five years of social work experience.

(3) Three licensed clinical social workers each with at least five years of clinical social work experience.

(4) One member who is either a registered social worker, a certified graduate social worker, or a licensed clinical social worker.

(5) One public member.

There are currently five BCSWs serving on the Board and the Governor’s office has agreed to appoint a registered social worker and public member to the Board in order to fill the seven positions. All statewide social work membership organizations that have bylaws and meet all state and federal laws may submit names, through the coordination process, to the Governor to fill the vacancies for the registered social work position and the public member. In July of 2000, the Governor will appoint a graduate social worker to the Board and designate one of the current BCSW positions as the "floating position." If you are interested in serving on the Board or if you know someone who is interested in serving as the registered social worker or the public member, please submit a letter of interest and a resume to the Louisiana Chapter of the National Association of Social Workers who will be responsible for the coordination of the selection process.

Louisiana Chapter of NASW
700 North 10^th Street, Suite 200
Baton Rouge, LA 70802