NEWS
Louisiana Board of Social Work Examiners
Spring, 2001
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Inside this Issue: Many Thanks to Suzanne and Staff Board To Review All Supervision Plans Message From Your Public Member |
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The Disciplinary Process Dorinda Noble, LCSW “I heard that a person I graduated with is coming before the Board in a disciplinary hearing. Has someone made a complaint against me? If you were holding a disciplinary hearing about my practice, would I know it?” These kinds of questions are commonly fielded by LABSWE staff, and they demonstrate that many of the state’s social workers are unclear about how the Board handles complaints and disciplinary matters.
LABSWE’s Rules, Standards, and Procedures lays out the disciplinary process in great detail. The Social Work Practice Act mandates that instances of professional misconduct should be investigated and resolved in order to protect the public from incompetent or unethical practice. The person against whom the complaint is brought (the Respondent) , however, has due process rights which are carefully guarded through the process; the Louisiana Administrative Practices Act helps ensure that the process is fair and impartial. Here is an overview of the disciplinary process:
At the next regularly scheduled Board meeting, Board members will review the complaint in executive session. Board members will ask two questions: 1) Does the Respondent fall under the Social Work Practice Act? and 2) Would the alleged behavior, if proven, rise to the level of a violation of the law or the rules? If the answer to these two questions is yes, the matter is referred for investigation.
The Disciplinary Process ( continued from page 1)The CIO has 60 days to investigate the complaint, though he/she may seek and receive an extension of time if needed. When the investigation is complete, the CIO recommends one of two courses of action to the Board:
This process is complex and time-consuming. The various stages of the process, however, serve to protect the due process rights of the social worker, to protect the public, and to ensure that matters are handled in a fair and objective fashion. |
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Recap of 1999 – 2000 Complaints Received by the Louisiana State Board of Social Work Examiners (July 1, 1999 through June 30, 2000)
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LOUISIANA TAKES TOP HONOR At the Fall Delegate Assembly of the Association of Social Work Boards held in Mesa, Arizona on November 10 and 11, 2000 the Board’s publication, Supervision for Professional Development and Public Protection: A Guide, won the Association’s award for Superior Consumer Publication for the Year 2000. Congratulations to authors Drayton Vincent, LCSW and Dorinda Noble, LCSW. Dorinda Noble received a publication award from Janice James, President of Association of Social Work Boards. |
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The Year of Grace: 2000 The 1999 Social Work Practice Act became law on January 1, 2000. Social workers across the state had the full calendar year of 2000 to comply with the law. LABSWE left no stone unturned to inform social workers in Louisiana about the law and its requirements. To that end, LABSWE sent numerous informative mailings and newsletters to well over 5000 social workers. LABSWE, after surveying United Way agency listings in every community in the state, sent flyers and posters to these agencies to inform employees about the law. Posters, flyers, and letters were also sent to all state agencies. The Board posted all of the new information, regulations, and forms on their webpage (labswe.org). The LABSWE web site received thousands of hits from people seeking information. Board members and staff made presentations to professional and agency groups when requested. LABSWE exhausted every avenue to inform and educate the social work community of the new rules and procedures which social workers should follow to comply with the law. |
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Board Meeting Dates for 2001:
You may contact the board office concerning the
times and places.
LABSWE falls under the Louisiana Open Meetings Act. This
law specifies that every meeting shall be open to the public, unless the
subject of the meeting relates the character and professional competence
of a person, or to the investigation of a complaint or negotiation of
litigation. The schedule for each LABSWE meeting is posted 24 hours ahead
of the scheduled meeting. All votes are public, as are all minutes of the
meetings. |
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MANY THANKS TO SUZANNE AND THE STAFF!!
LABSWE, which shares staff and office space with boards regulating dietitians and speech therapists in Louisiana, is extremely fortunate to have an excellent staff to administer its work. Suzanne Pevey, our able Administrator, has been with this Board almost since the inception in 1972; she has the longest tenure of any social work Board administrator in the nation. She is a wealth of information and insight about professional regulation. Emily Efferson, one of her able assistants, is assigned to LABSWE. All the staff are exceptionally capable and cordial. The work load for them has been crushing over the last year, as they have overseen the implementation of the new law and thousands of social workers coming into compliance with that law. When you have contact with these staff members, please remember; They are not responsible for creating that law; their job is to administer the work of the three Boards which employ them. Tell them you appreciate them and their hard work...LABSWE certainly does!!! |
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MSW/GSW Update If an MSW is working as a social worker, he or she must file an application with the Board office immediately upon graduation.
If an MSW fails the Intermediate Examination, LABSWE will automatically grant them the Provisional GSW and include a letter that lists the conditions for maintaining it. No additional fee will be charged. |
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TESTING FEE INCREASE
The Association of Social Work Boards (ASWB) voted to increase the examination fee for all of the social work examinations on April 1, 2001. The fee will increase from $110.00 per exam to $175.00. The most important consideration in raising the fee was the association’s costs to maintain the examination program. The association is committed to meeting its responsibility to member boards and to examination candidates by maintaining a high quality testing program. |
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BOARD WILL REVIEW ALL SUPERVISION PLANS
Many people do not realize that supervision forms follow professionals thru their careers. Should a professional relocate to another state and attempt to secure licensure there, that state will request those supervision forms. That is why it is critical that supervision forms be done in a thoughtful manner, and be completely legible. LABSWE requires that supervision forms be originals without white-out corrections to eliminate any question of fraud. They must demonstrate that supervision goals and activities have been personalized for the particular GSW seeking licensure.
Starting January 1, 2001 all supervision plans will be reviewed by a board member. All previous plans were reviewed by staff members for accuracy of content. Starting January 1, 2001 all supervision plans submitted to the SBSWE will be reviewed by a Board member. The content of supervision will be the priority, and Board members will be providing feedback. Many supervision plans may be returned for revisions or clarification to the BACS and supervisee. For more information refer to Supervision for Professional Development and Public Protection: A Guide. |
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A Message from the LABSWE Public Member… Louisiana is NOT Last, Janet ZeldenWith the enactment of the 1999 Louisiana Social Work Practice Act, your regulatory board expanded from five members to seven. The law includes a public member on the Board and maintains an odd number of members, (that is odd number...not odd member!) to ensure that no votes are tie votes. Some states have regulatory boards which do not include a public or consumer member. Hence the headline...Louisiana is not last on the list of innovative states!!
It can now be said that the Board has something old and something new...yours truly. I am a retired educator (elementary teacher and principal for 33 years). That makes me OLD, but since I am the first public member, that makes me NEW. I am serving voluntary (no pay) term of three years. My function is to directly represent the public interest on the Board. The Board’s mandate is to protect the consumer by ensuring that Louisiana social workers have supervision and education that ensures professional integrity and competence in practice.
In November I attended a meeting hosted by Citizens Advocacy Center (CAC), a national service organization comprised of public members from licensing boards of various professions across the nation. There I learned that “a healthy Board is one that focuses on the consumer and not on itself”. I think that LABSWE lives out that admonition. I have truly been impressed with the other six members on our Board. Not only are they social workers with a vested interest in the profession, but they also focus on the consumer. Together, we work to keep the profession operating at its highest level for the good of all.
Given my career, it should be no surprise that I believe in education. Just as a car needs fuel to keep running, we need continuing education to perform at our best. Therefore, providing you with practical, high-quality continuing education is one of my interests on the Board. Having worked for numerous years with various social workers, I have the utmost fondness and respect for your profession. I pledge to do my best to keep it that way. |
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Public Member Profile
Public members are often found on professional regulatory boards. Public members:
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BOARD VACANCIES On July 26, 2001, there will be two vacancies on the Louisiana State Board of Social Work Examiners. LSA R.S. 37:2704, mandates the following qualifications for Board members:
One vacancy must be filled by a social worker credentialed at the LCSW level and the other vacancy may be filled by a social worker credentialed at the RSW, GSW or LCSW levels. The remaining Board members and their areas of practice are as follows: E. Taylor Aultman, Jr., LCSW, direct practice, Theresa Earthly, LCSW, direct practice, Robert Showers, RSW, agency practice, Kenna Franklin, GSW, educator, and Janet Zelden, public member.
If you are interested in serving on the Board, you should submit a letter stating your interest and a resume to the Board office or one of the following organizations by May 31, 2001:
Louisiana Association of Clinical Social Workers 5329 Dijon Drive, Suite 105 Baton Rouge, LA 70808
Louisiana Chapter of National Association of Social Workers 700 N. 10th Street, Suite 200 Baton Rouge, LA 70801
Louisiana Council on Social Work Education 311 Huey P. Long Fieldhouse, LSU Baton Rouge, LA 70803
Board members are appointed by the Governor to serve for three (3) consecutive years. You may contact Suzanne Pevey, Administrator, at the Board office (225-763-5470 or 800-521-1941) if you have questions concerning the Board’s activities and the time commitment required of Board members. |
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BOARD MEMBER RESPONSIBILITIES
Members of LABSWE are not paid for their efforts, though they are reimbursed for travel, lodging, and meals incurred during Board meetings and functions. Nor can they profit directly from their Board service. LABSWE is a hard-working unit; it meets once a month for two days (Friday and Saturday), and may meet more often than that. All members are expected to be present for meetings except in unusual circumstances. Because LABSWE oversees a complex practice act, the learning curve is steep for new members. Members are expected to do a good deal of thinking, reading, and studying to fulfill their roles, particularly in the area of administrative law. They are also expected to maintain the highest standards of confidentiality and ethics. Many LABSWE members find it challenging to move out of the role of social worker and into the role of legal administrator. Board members often acknowledge that the most difficult aspect of their role is sitting in judgment of their peers. They also say that service on the LABSWE is a rich and interesting experience which gives them a broader, more comprehensive picture of the profession and its many aspects. |
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LABSWE and Professional Associations
“ Do I have to belong to any professional association in order to be credentialed in Louisiana?” The answer to this frequently asked question is “no”. Neither the 1999 Louisiana Social Work Practice Act nor its 1972 predecessor requires any collateral membership. Many social workers, however, are confused about the connections between professional associations (such as National Association of Social Workers, or Louisiana Clinical Society, or other worthwhile groups), and the state credentialing structure (Louisiana Board of Social Work Examiners, or LABSWE).In order to practice legally in this state, a social worker must be credentialed; every state in the union, as well as many U.S. territories, a number of Canadian provinces, and several foreign countries also credential social workers. A professional has to be credentialed; he/she gets to belong to a professional association. Professional associations and state credentialing bodies differ in several ways.
Both LABSWE and professional associations are committed to protecting the public. LABSWE’s single focus on public protection, however, could conceivably be at odds with association’s interests in professional enhancement, so, during their tenure, LABSWE board members do not serve on professional association boards. (Numerous court decisions have recognized the different purposes of professional associations and state boards, and have held board members to be in violation of their regulatory responsibilities when they are closely associated with professional associations).. Nevertheless, LABSWE is fully committed to working cooperatively with professional associations in matters that can protect the public and values the resources that associations can provide in formulating sound professional principles, supporting worthwhile legislation, and clarifying professional roles and rules. |
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About your address..... The address and telephone number that you list on your application for license and subsequent renewal application is a matter of public record. We do honor written requests to delete addresses and telephone numbers in our annual Directory. However, if a member of the public calls and requests that information, we are required by law to give the most recent information that we have. LCSWs may want to consider listing only their office address and office telephone number on their renewal application. |
In Remembrance: Brooksie B. Kelly, LCSW West Monroe, LA
The Louisiana State Board of Social Work Examiners will publish notification of a licensee’s death following submission of information by a current LCSW or family member |
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Frequently asked questions . . . .by Brenda Trivette, LCSW
1. A social worker is seeing two teenage brothers, ages 16 and 17. The parents have joint custody but the boys live with their father. The mother dropped out of sight several months ago, but is back and wants copies of all the boys’ records. She also does not want the social worker to tell the boys she is giving the records to her. Does the social worker have to give the mother a copy of the boys’ records? How should the social worker handle this matter?
There are some mistaken notions about the respective authority of parents of minor children relating to healthcare decisions and access to minor’s healthcare records. The joint custody decree of implementation order usually allocates the legal authority of both parents. Generally, the joint custody decree will designate a domiciliary parent (parent with whom the child shall primarily reside) which parent shall be granted decision-making authority unless the order provides otherwise. All major decisions affecting the child are subject to court review on request of the other parent, although the law presumes such decisions made by the domiciliary parent were made in the best interest of the child.
If a domiciliary parent is not designated, both parents have the same decision-making authority as parents living together. Even when a domiciliary parent is designated, the law obligates parents to exchange information concerning the health, education and welfare of the child and to confer with one another in exercising decision-making authority.
The law also makes it clear that access to the minor’s medical, dental and school records as well as other information “shall not be denied to a parent solely because he is not the child’s custodial or domiciliary parent.” La. R.S. 9§ 351. Therefore, under most circumstances, the father’s permission would not be required for the mother to have access to the social work records of her minor teenage sons. The social worker may not agree to shield the mother’s request for her sons’ records from their father or from the boys themselves. Such secrecy not only could be damaging to the therapeutic alliance but also could engender an information power-struggle between the parents concerning the very data they have a legal obligation to exchange.
Social workers treating or evaluating minor children in circumstances of divorce or separation of the parents should become aware of any joint custody decree or orders and may request a copy if there is any uncertainty. Depending upon the subject matter of the social work issues, and the stated ages of the boys, it may be appropriate to obtain a written consent from the boys prior to releasing their social work records to either parent.
2. A social worker is asked to do an assessment of an adult female who has obviously been beaten. The woman has a mental health diagnosis. Is the social worker required to report this matter to the authorities?
An adult client (whether male or female) who has been subjected to an obvious beating requires an assessment to determine if the client is a “disabled person” (one “with a mental, physical, or developmental disability that substantially impairs the person’s ability to provide adequately for his own care or protection”). If the adult is disabled or is of the age of 60 years or older the social worker is required to report the abuse (also neglect and exploitation) to either an adult protection agency or to state and local law enforcement under La. R.S. 14:403.2(D).
If the adult female in this question is under 60 and is not disabled as previously defined, the social worker is not a mandatory reporter and should maintain client confidentiality. Nevertheless, the social worker should assist the client access medical, educational, legal and support services for battered women, if appropriate, and may also encourage the client to report the beating to appropriate law enforcement agencies.
3. If an individual with a bachelor’s or master’s degree in social work continues to work after January 1, 2001 without receiving either the RSW or GSW credential, what happens to them when they do apply for the credential?
They will be required to pass an Open Book Examination on the Louisiana Social Work Practice Act and the Board’s Rules, Standards and Procedures (developed by the Board) if they work for more than 120 days without the proper social work credential. Should the social worker not apply for any credential they will receive a letter from the Board’s Administrator notifying them to cease and desist practicing social work. Should that letter go unheeded, the social worker will be subject to misdemeanor violations under the Social Work Practice Act (La. R.S. 37:2720 (A)(1)) for engaging in the practice of social work without being duly certified or registered. The Board also has the authority to enjoin the social work practice in District Court.
4. How does a GSW working as the salaried employee in an agency determine if he/she is practicing clinical social work?
Rule No. 505. A. of the Board’s Rules, Standards and Procedures requires that GSWs not pursuing LCSW licensure, or who are fulfilling the experience requirement toward licensure, may deliver clinical services which constitute psychotherapy only under the supervision of an LCSW. If you are unsure if you are practicing clinical social work which constitutes psychotherapy, you should review the definition of Clinical Social Work Practice and Psychotherapy listed in Rule No. 301 with your agency administration and/or supervisor to determine if your job description and duties meet the definitions. 5. An MSW working in a nursing home discovers that a patient has been sexually abused by a member of the staff. What is the MSW’s responsibility?
The MSW’s responsibility is to report the incident immediately to the police. Good social work practice includes reporting to your immediate supervisor in the nursing home as well. 6. An LCSW has an adult client who lives at home with parents, and the parents pay for his therapy. The client is in school full-time and has a mental health diagnosis that affects his performance. His parents would like the social worker to write a letter to the dean of the school explaining his condition, so that the dean will allow him some flexibility. Does the social worker need a release from the client, the parents, or both to write the letter?
The social worker does not need a signed release from the parents unless the client is, for some reason, ruled incompetent. An adult client, regardless of who pays the bills, would have to authorize such action with a signed release.
7. An LCSW has another credentialed social worker as a client in her clinical practice. In the course of therapy, the client (social worker) reveals that she is having an affair and sexual relationship with one of her clients. Does the treating social worker have a duty to mandatory report this matter to the Social Work Board?
No, because the superceding ethical issue in this situation is one of confidentiality. The best interest of the client (the social worker seeking treatment) would not be served by such mandatory reporting of an ethical violation. The practitioner should be urged to 1) end the personal relationships with her own client and 2) provide that client with appropriate referrals for additional treatment opportunities, and 3) self-report the matter to the Board. The social worker (client) should continue to work in her own therapy to determine what led to this ethical infraction in order to ensure that it will not be repeated The affected client, however, has the right to report it to the Board at anytime. |
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Welcome New LCSWs
The following social workers have been granted the LCSW license by the Board since the last newsletter:
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Adams, Glenda Adams, Lori Alikhani, Sarah Allen, Elizabeth Antrobus, Elise Aranda, Brenda Austin, Tanya Bates, Angel Bauer, Elizabeth Beniger, Robin Bennett, Fay Benton, Stephen Bhushan, Madhu Bonitatibus, Jennifer Bowie, Nicole Braud, Janis Breaux, Helene Bruneau, Arianne Burns, Gary Cage, Lori Canterbury, Eddie Cerise, Ashley Chatelain, Jan Chiasson-Breaux, Denise Clark, Bridget Clark, Pauline Claypool, Ann Coffey, Leeann |
Collett, William Collins, Karen Correro, Angela Cuneo, Carlo Dejan, Kellie Dugas, Patsy Dyeson, Timothy Flanagan, Nell Fletcher, Robb Flynn, Melinda French, Allison Gachassin, Johnnie Grayson, Candance Greene, Margaret Groover, Benjamin Guidry, Sandra Guy, Kimberly Haase, Nancy Harper, Valerie Hawley, Patrick Hebert, Andrea Hubert, Rebecca Huval, Angel Johnson, Trenese Jokinen, Alicia Kalifey, Janell Koch, Lynne Leader, Kelli |
Legnon, Renee Lewis, Gail Lyman, Dorothy Maclean, Stephanie Maier, Elizabeth Martin-Clark, Sarosa May, Heather Michels, Janet Millet, Manette Mills, Kerrie Morse, Donna Oliveira, Deborah Outlaw, Stacy Owens, Annie Pickup, Joan Poimboeuf, John Powell, Desarae Richardson, Kimberly Rife, Ryan Robert, Violet Robertson, Lauren Robinson, Alex Romero, Wendy Rovaris, James Ryan, Ximaena Schnitzler, Dan Seiler, Katherine Sevalia, Jr, Robert Sharkey, Lesa |
Simon-Bowie, Sudeeptha Smith, James Snyder, Jr, Thomas Stalls, Amy Tahir, Lisa Thomas, Lora Threatts, Tammy Treigle, Dawn Tyler, Kaye Valiquette, Thomas Walker, Nelwyn Wambsgans, Sylvia Warren, Kim Weiss, Betsy Wellborn, Jennifer Whitlow, Sharon Williams, Annette Willis, Sybil |
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Welcome New
GSWs
The following social workers have been granted the GSW
certification by the Board since the last newsletter:
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Abel, Allison Abel, Mary Ann Acorn-Mcmillan, Jo Ann Adams, Evelyn Adams, Kimberly Adams, Shenicka Adams, Tasha Adcock, Ray Agu, Chinyere Agurcia-Smith, Ester Allison, Joanna Allord, Catherine Alonzo, Tracy Alston, Bonnie Amos, Carlos Anderson, Brian Anderson, Cathleen Anderson, Geraldine Anderson, Kimberly Anderson, Richard Anderson-Hilton, Juanita Ard, Jennie Ardoin, Anthony Arnold, Barbara Aubin, Amy Aubrey, Agnes Aubry, Michael Auguillard-Manego, Marie Austin, Karen Babineaux, Amy Bagalman, Jill Bagley Iii, Edward Bailey, Christopher Baker, Joan |
Baloney, Sr., Carl Banda, Archana Banks, Chalonda Barden, Virginia Barfield, Cathy Barker, Birdel Barker, Jamie Barnett, Cathy Barrett, Robin Bartleson, Kimberly Barton, Cheryl Bassett, Jean Bassett, Nathan Bates, Charlotte Bates, Scott Batiste, Tiffany Beasley, Juanita Beauregard, Christina Beck, Michele Bell, Pamela Belou, Stacy Belser, Mary Jo Benge, Denise Benoit, Judith Ann Bentil, Phyllis Bergeron, Gina Bernard, Sheila Bezet, Sandy Biagi, Debra Billiot, Marleen Bishopric, Sarah Bison, Tracy Black, Jean Black, Kelly |
Blake, Linda Blanchard, Alecia Blanchard, Misty Blanchard, Victor Blanchard, Jr, Edgar Blank, Christina Blayre, Stephanie Blomkalns, Sara Bode, Brian Bongiovani, Gasper Bonura, Christine Bonvillain, R Booker, Aundrial Bordelon, Wanda Bordenave, Tracey Borne, Myra Borne, Nikki Boudreaux, Daniel Boudreaux, Theresa Boutte', Mary Boylan, Gail Brady, Eric Breaux, Danielle Breaux, Melissa Breaux, Shannon Bridges-Worthy, Sharon Brisco, Robert Brittenham, Michelle Brooks, Erica Brooks, Fetinia Brooks, June Brossett, Angela Broussard, Dina Brown, Bernice |
Brown, Danelle Brown, Richard Brown, Steven Bryan, Jean Buck, Jaime Buddington, Steve Burke, Eddie Burns, Lisa Burton, Cynthia Butler, Harold Butler, Mary Butler, Maureen Buxton, Jean-Marie Buxton, Toni Byrd, Donald Cacamo, Aimee Cage, Deborah Cain, Madeline Caldwell, Lynette Calvey, Latonya Cambrice, Trinette Camp, Joy Canone, Kelly Capdeboscq, Stacie Capouch, Patricia Cappello, Valerie Carey, Shangrila Carmouche, Sontra Carter, Alicia Carter, Angela Carter, Ashley Carter, Raegan Castiglione, Brandi Celestine, Gisele |
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Chaney-Baker, Doris Chaplain, Maurine Chapman, Kimberly Charles, Clementine Charrier, Clara Chatman, Ricky Chauvin, Lisa Cheffin, Cassandra Chenevert-Roan, Jean Chiasson, Tina Chrishon, Constance Christophe, Betty Cipriano, Katherine Claiborne, Patrina Clark, Patricia Clark, Yvarra Clary, Deborah Clay, Grace Clay, Terry Cleary, Kristina Clemmer, Chanin Clemons, Kay Cole, Deloris Coleman, Clois Coleman-Ashton, Shontai Coley, Alicia Collins, Cherie Collins, Jessica Collins, Leigh Colston, Consuela Colston, Shirley Comas, Ariadne Conerly, Linnette Conerly, Najla Cook, Ann Coolie, Lorie Cooper-North, Pauline Cormier, Rashied Cormier, Tracy Cornelius, Sheryl Cousan, Varanese Cover, Patricia Coyne, Joseph Crayton, Bonita Crier, Williestine Cross, Karen Crowley, Kimberly Cunningham, Angela Cunningham, Catherine Curran, Lyn Daigle, Brandilyn Daniel, Janine Daniel, Margaret Daniel-Alford, Marcia Daniels, Wade Darrington, Christianna Davidson, Barbara Davis, Randolph Davis, Yvonne Day, Nicola Dear, Charles Dearman, Mary Debeau, Daphne Declouet, Dorothy Del Corral, Emily Dellacroce, Glenda Demontluzin, Beryl Denicola, Christy Dennis, Patricia Devall, James Dicharry, Leslie Dickey, Haley |