Cswmft Rules

ACTION: Original

NOTICE OF PUBLIC HEARING

DATE: 06/09/2011 1'2:46 PM

THE STA'IE OF OHIO — COUNSELOR, SOCIAL WORKER & MARRIAGE AND FAMILYTHERAPIST BOARD, pursuant to CHAPTER 119., OHIO REVISED CODE, hereby givesnotice that it will conduct a public hearing for the purpose of considering: revised rules 4757-5-°2, 4757-9-03, 4757-13-03, 4757-17-01, 4757-19-01, and 4757-23-01 o f t he O hioAdministrative Code.

Revised:4757-5-02

4757-9-03

4757-13-03

4757-17-01

4757-19-01

4757-23-01

New paragraph (G) in rule that modifies the non-discrimination paragraph toinclude focus on diversity training.Modifies renewal for new LSW who previously held related degree licensee; anddiversity addition to ethics 3 hours of CET's.Removes supervision from prior to 1998 from acceptable experience toward PCClicensure since that experience is so far in the past.The PCC-S supervisor shall sign off on all diagnosis, change in diagnosis, ISPs,Treatment plans, and correspondence to any third party outside of the agency.Remove requirement for previously licensed LSW to have 400 hour field workcourse.Documents better the requirement that LSW supervised practice shall be providedby a licensed independent social worker with supervision designation, which hasbeen in place since September 1, 2008.

The public hearing on the proposed actions of the Counselor, Social Worker & Marriage andFamily Therapist Board is scheduled for Tuesday, July 12, 2011. The hearing will begin at 2:00p.m. at the LeVeque Tower, 50 West Broad Street Suite 1075, Columbus, Ohio 43215, and fromtime to time thereafter as may be required by the Board to hear all relevant testimony, oral orwritten, by any person affected by the proposed action, his/her attorney, or both.

The f u l l tex t o f the proposed rules w i l l b e available o n t he Board's website,http://cswmft.ohlo.gov. A l l interested persons will be given an opportunity to be heard. Thosepersons who wish to provide oral testimony at the hearing are encouraged to inform the Boardprior to the hearing date and may be given preference in the order of their testimony. Personsinterested in providing written comments in lieu o f oral testimony may direct them to theattention of James R. Rough, Executive Director, Counselor, Social Worker & Marriage andFamily Therapist Board, 50 West Broad Street Suite 1075, Columbus, Ohio 43215-5919. Thesewritten comments must be received by the Board before the close of the hearing record.

Copies of the proposed Rules will be on file with the Secretary of State, the Legislative ServiceCommission, and the Joint Committee on Agency Rule Review, at least thirty days prior to thepublic hearing, and are available at the Counselor, Social Worker & Marriage and FamilyTherapist Board Offices at the aforementioned address.

PHN p(8300 pueI39419) it(3115771 p r i n t dote: 06109/2011 9:07PM

COUNSELOR, SOCIAL WORKER & MARRIAGE AND FAMILY THERAPIST BOARD

By:James R. Rough, Executive Director

ACTION: Original

4757-5-02 S t a n d a r d s o f ethical prac tice a n d professional conduct:clients/consumers of services.

(A) Responsibility to clients/consumers of services as to competency:

DATE: 06/09/2011 12:46 PM

(1) Licensees and registrants shall be able to present reliable and substantialevidence of competency in the areas in which they practice. Licensees andregistrants shall not misrepresent directly, indirectly or by implication theirprofessional qualifications such as education, specialized training, experience,or area(s) of competence. Licensees or registrants shall not use a doctoratedesignation in their professional capacity unless it is related to the field ofmental health and is from a recognized accredited educational institution.

(2) Licensees and registrants shall practice only within the competency areas forwhich they are qualified by education and training. Licensees and registrantsshall maintain appropriate standards o f care based on their indiv idualprofessional license. Standards of care shall be defined as what an ordinary,reasonable professional with similar training would have done in a similarcircumstance.

(3) While developing new skills in specialty areas, a counselor, social worker, ormarriage and family therapist shall take steps to ensure the competence oftheir work and to protect the clients from possible harm. A counselor, socialworker, or marriage and family therapist shall develop skills in specialty areasonly after appropriate education, training, and while receiving approvedsupervision.

(4) Licensees and registrants do not diagnose, treat, or advise on problems outsidethe recognized boundaries o f their competencies. Licensees and registrantsshall make appropriate referrals when the client's needs exceed thecounselor's, social worker's, or marriage and family therapist's competencelevel or scope of practice. The referrals shall be made in a timely manner.

(5) A l l counselors, social workers and marriage and family therapists shall usetechniques/ procedures/ modalities in diagnosing and treating mental andemotional disorders that are grounded in theory and/or have an empirical orscientific foundation, otherwise, they shall define the techniques/ proceduresas "unproven" or "developing" and explain to their clients the potential risksand ethical considerations of using such techniques/ procedures and take stepsto protect clients from possible harm. Individuals licensed at the level o fprofessional counselor, social worker and marriage and family therapist shalldiagnose and treat mental and emotional disorders only under propersupervision.

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4757-5-02 2

(B) Responsibility to clients/consumers of services as to informed consent:

(1) Counselors, social workers, or marriage and family therapists shall informclients/consumers of services the extent and nature of services available tothem, as well as the limits, rights, opportunities and obligations associatedwith the services to be provided which might effect the clients/consumers ofservices decisions to enter into or continue the relationship.

(2) Licensees and registrants shall provide services to clients only in the context ofa professional relationship based on valid informed consent. Licensees andregistrants shall use clear and understandable language to inform clients ofthe purposes o f services, limit to the services due to legal requirements,relevant costs, reasonable alternatives, the clients rights to refuse or withdrawconsent, and the timeframe covered by the consent.

(3) In instances when clients are unable to read or understand the consent documentor have trouble understanding the primary language contained in the informedconsent document, licensees s hall take steps t o ensure the c lient'scomprehension including providing a detailed verbal explanation or arrangingfor a qualified interpreter or translator as needed. I f a client because of age ormental condition is not competent to provide informed consent, the licenseeshall obtain consent f r om the parent, guardian, o r court appointedrepresentative. Best professional practice dictates that a counselor, socialworker, or marriage and family therapist shall adhere to the court documents.I f a counselor, social worker, or marriage and family therapist does notunderstand the court document, they shall contact the court for clarificationbefore proceeding with treatment.

(4) In situations when clients are receiving services involuntarily, counselors, socialworkers, and marriage and family therapists shall provide information aboutthe nature and extent of the services and about the client's right to refuseservices and the consequences of that refusal.

(5) Counselors, social workers, and marriage and family therapists who provideservices v ia electronic means shall inform the clients and recipients o f thelimitations and risks associated with such services.

(6) When a counselor, social worker, or marriage and family therapist providesservices to two or more clients who have a relationship with each other andwho are aware of each other's participation in treatment (for example couples,family members), a counselor, social worker, or marriage and family therapistshall c lar ify w ith a l l parties the nature o f the licensee's professional

4757-5-02 3

obligations to the various clients receiving services, including limits o fconfidentiality. A counselor, social worker, or marriage and family therapistwho anticipates a conflict of interest among the clients receiving services oranticipates having to perform in potentially conflicting roles (for example alicensee who is asked or ordered to testify in a child custody dispute ordivorce proceeding involving clients) shall clarify their role with the partiesinvolved and take appropriate action to minimize any conflict of interest.

(7) When a counselor, social worker, or marriage and family therapist sees clientsfor individual or group treatment, there may be reason for a third party to jointhe session for a limited purpose. The licensee shall ask the client or legalguardian to provide written authorization that describes the purpose and needfor the third party to join the session and describes the circumstances andextent to which confidential information may be disclosed to the third party.The counselor, social worker, or marriage and family therapist shall make itclear that the third party is not a client and there is no confidentiality betweenthe licensee and the third party. The counselor, social worker, and marriageand family therapist shall make it clear to the third party that he/she shall nothave rights to access any part o f the client's fi le including any session inwhich they participated unless the client signs a release. A counselor, socialworker, or marriage or family therapist shall not make recommendations tocourts, attorneys or other professional concerning non-clients.

(8) When a court or other judicial body orders an evaluation, assessment or otherofficial report, the licensee shall inform the client of the parameters of thecourt order. The counselor, social worker, or marriage and family therapistshall not go beyond the parameters o f the court order without obtainingwritten permission from the court or other judicial body.

(9) A counselor, social worker, or marriage and family therapist shall only makerecommendations to a court, attorney or other professional concerning aclient.

(10) Counselors, soc ial workers, o r marriage and family therapists s hallcommunicate information i n ways that are both developmentally andculturally appropriate. Counselors, social workers, or marriage and familytherapists shall use clear and understandable language when discussing issuesrelated to informed consent. When clients have difficulty understanding thelanguage used by counselors, social workers, o r marriage and familytherapists, they shall provide necessary services (e.g., arranging for aqualified interpreter or translator) to ensure comprehension by clients. Incollaboration with clients, counselors, social workers, or marriage and familytherapists shall consider cultural implications of informed consent proceduresand, where possible, counselors, social workers, or marriage and family

4757-5-02 4

therapists shall adjust their practices accordingly.

(C) Responsibility to clients/consumers of services as to delegation: Counselors, socialworkers, o r marriage a n d fami ly therapists s hall delegate professionalresponsibilities t o another person on ly when the licensee delegating theresponsibilities knows that the task is within the person's scope of practice and theperson qualifies by training, experience and/or licensure to perform them.

(D) Responsibility to clients/consumers of services as to confidentiality:

(1) Counselors, social workers, and marriage and family therapists shall have aprimary obligation to protect the client's right to confidentiality as establishedby law and the professional standards of practice. Confidential informationshall only be revealed to others when the clients or other persons legallyauthorized to give consent on behalf of the clients, have given their informedconsent, except in those circumstances in which failure to do so would violateother laws or result in clear and present danger to the client or others. Unlessspecifically contraindicated by such situations, clients shall be informed andwritten consent shall be obtained before the confidential information isrevealed.

(2) Counselors, social workers, and marriage and family therapists shall discusswith clients and the clients' legally authorized representatives, the nature ofconfidentiality and the limitation of clients' right to confidentiality. Licenseesshall review with clients circumstances where confidential information maybe requested and where disclosure o f confidential information is legallyrequired. This discussion shall occur as soon as possible in the professionalrelationship and as needed throughout the course of the relationship.

(3) When counselors, social workers, and marriage and family therapists providecounseling services to families, couples, o r groups, licensee's shall seekagreement among the parties involved concerning each individual's right toconfidentiality and obligations to preserve the confidentiality of infolinationshared by others. Licensees shall inform participants in family, group, orcouples counseling that the licensee cannot guarantee that all participantsshall honor such agreements.

(4) Counselors, social workers, and marriage and family therapists shall takereasonable and appropriate steps to protect the confidentiality of informationtransmitted to other parties when using computers, electronic mail, facsimilemachines, telephones and telephone answering machines, and other electronicor computer technology.

4757-5-02

(E) Responsibility to clients/consumers of services as to termination:

(I) Counselors, social workers, and marriage and family therapists shall terminateservices only after giv ing careful consideration to factors affecting therelationship and making effort to minimize possible adverse effects. I f aninterruption or termination of services is anticipated, reasonable notificationand appropriate referral for continued services shall be provided to theclient/consumer of services.

(2) Counselors, social workers, and marriage and family therapists employed by anagency or practice, may not solicit or refer a current client of the agency orpractice, to the licensee's private practice. Licensees and registrants whenleaving the employment of an agency or practice may offer referrals to theclient. The referral shall include multiple options for the client to choosefrom, and the agency where the c lient is currently being seen shall beincluded as an option, the licensee's private practice may be one o f themultiple options.

(3) In the event that a licensee or registrant is terminated for cause from a positionas a volunteer or paid licensee, it is not the responsibility of the licensee orregistrant t o provide continuation o f services o r appropriate referrals.Licensees who are terminated for cause shall not contact their ex-clients.

(F) Responsibility to clients/consumers of services as to sexual harassment: Counselors,social workers, and marriage and family therapists shall not sexually harassclients/consumers of services family members of clients, ex-clients or other personsencountered i n professional settings. Licensees s hall n o t sexually harasssupervisees, students, or colleagues. Sexual harassment includes sexual advances,sexual solicitation, requests for sexual favors, and other verbal, non-verbal orphysical conduct of a sexual nature. A client of the agency is considered a client ofeach counselor, social worker, or marriage and family therapist employed orcontracted by the agency for purposes of ethics under the sexual harassment sectionof this chapter. The duty o f the licensee is based on that particular licensee'sknowledge of a client's identity prior to starting a relationship.

(G) Responsibility to clients/consumers o f services as to discrimination: Coun3clors,

(1) Counselors. social workers, and marriage and family therapists shall notpractice, condone, facilitate or collaborate with any form of discrimination on

5

4757-5-02 6

the basis of race, ethnicity, national origin, color, sex, sexual orientation, age,marital status, political belief, veteran status, or mental or physical challenge.

(2) Counselors, social workers, and marriage and family therapists shall obtaineducation about and seek to understand the nature of social diversity withrespect to race, ethnicity, national ori2in, color, sex, sexual orientation,gender identity or expression, age, marital status, political belief, religion,immigration status, and mental or physical disability.

(H) Responsibility to clients/consumers of services as to conduct with clients and otherindividuals:

(I) Counselors, social workers, and marriage and family therapists shall notphysically or verbally abuse or threaten clients family members o f clients,ex-clients or other persons encountered in professional settings. Licenseesshall be aware that any physical touching between the professional and theclient is subject to review for appropriate professional boundaries. Theprofessional shall have the burden of proof to explain why physical touchingwas professionally necessary.

(2) Counselors, social workers, and marriage and family therapists shall not usederogatory language in their written or verbal communications to or aboutclients, ex-clients or family members of clients or ex-clients. Licensees shalluse accurate and respectful language in all communications to and aboutclients and other persons in professional settings.

(I) Licensed independent soc ial workers, professional c linical counselors, andindependent marriage and family therapists shall provide appropriate supervision tolicensees who do not hold an independent license. This shall include ensuring allsupervision documentation is provided to the Board in a timely fashion and meetingwith the supervisee on a regular basis to discuss the specific issues in the dependentlicensee's practice. Supervisors shall be accurate with all supervision reportingissues. Supervisors shall not sign as the training supervisor, i f they did not providedirect supervision.

7/3/97, 8/2/01, 9/20/02, 4/10/04, 1/1106, 11/8/07,10/18/09, 4/1/11

4757-5-02

Effective:

7

R.C. 119.032 review dates: 09/20/2012

Certification

Date

Promulgated Under: 119.03Statutory Authority: 4757.11Rule Amplifies: 4757.11Prior Effective Dates: 9/19/85 (Emer.), 12/19/85, 5/22/86, 6/11/95 (Emer),

ACTION: Original

4757-9-03

DATE: 06/09/2011 12:46 PM

Continuing education requirement for renewal of a certificateof registration as a social work assistant or a license as a socialworker or an independent social worker.

(A) Except as required by paragraph (B) of this rule, all persons who hold a license orcertificate of registration in social work as a condition of renewal of their license orcertificate o f registration, shall complete thir ty c lock hours o f continuingprofessional education in social work as defined in division (C) of section 4757.01of the Revised Code. Content areas for continuing education may include: socialwork theory; social work methods; human development and behavior; socialwelfare and policy; social work values and ethics; social work research; social worksupervision; soc ial wor k administration; and/or soc ial wor k w i t h specialpopulations.

(B) Social workers with a degree from a program related to social work, as defined inrule 4757-19-01 of the Administrative Code, shall complete for credit a social worktheory course and social work methods course at an accredited educationalinstitution. These courses shall be upper division or graduate level courses taken insocial work depal tinents in which the licensee received a grade of C- or higher.Fulfillment of this requirement is mandatory for the first renewal of their license.For subsequent renewals o f their licenses, these individuals shall meet therequirements o f paragraph (A) o f this rule. Newly licensed social workers withrelated degrees who were previously licensed and completed the renewal coursesshall comply with paragraph (A) for their first renewal.

(C) For all renewals three o f the thirty hours shall be taken in social work ethics 91- cultural competency.

(D) For those independent social workers with supervising status, three of the thirty clockhours shall be in supervision.

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print 6 4 : (141091.2011 09M0

4757-9-03

Effective:

R.C. 119.032 review dates: 0 9 / 2 0 / 2 0 1 2

Certification

Date

Promulgated Under:Statutory Authority:Rule Amplifies:Prior Effective Dates:

119.034757.104754.335-22-86; 7-3-97; 9-20-02; 9-20-07; 10-18-09

2

ACTION: Original DATE: 06/09/2011 12:46 PM

4757-13-03 R e q u i r e m e n t s for licensure as a professional clinical counselor.

(A) In addition to meeting educational and other requirements as established in rules4757-13-01 and 4757-13-02 of the Administrative Code, applicants for professionalclinical counselor s hall meet t he following experience and examinationrequirements as a professional counselor:

(1) An applicant with a qualifying master's or other graduate degree which is not adoctorate in counseling shall have completed two years of post professionalcounselor licensure supervised experience in c linical counseling, whichincludes the diagnosis and treatment of mental and emotional disorders whichmast be completed after all of the educational requirements, h a v e b e e n m e t .

(2) An applicant with a doctorate in counseling shall have completed two years ofsupervised experience in clinical counseling, which includes the diagnosisand treatment of mental and emotional disorders. A t least one year and aminimum o f fifteen hundred hours o f supervised experience shall becompleted after the award o f the doctoral degree and as a licensedprofessional counselor and one year and a maximum of fifteen hundred hoursof supervised experience may be completed as a part of a doctoral internshipat a board approved counselor education program.

(3) An applicant licensed as a professional counselor by this board prior to therequirement of sixty semester hours and the clinical coursework in paragraph(A)(5) of rule 4757-13-01 o f the Administrative Code, shall use supervisedexperience as a professional counselor to meet this requirement

At least fifteen hundred hours of work by the applicants shall be in a clinicalsetting, which includes the diagnosis and treatment of mental and emotionaldisorders. Each year of supervised experience in clinical counseling requiredunder section 4757.22 o f the Revised Code and under this rule shall meetparagraphs (A)(4)(-3)(a), (A)k-3)(b) and (B) of this rule unless the committeeapproves experience under paragraph (A)109-)(c) o_17 ( A ) . ( i ) ( - 3 ) ( d ) , ( A ) ( 3 )( e )or (A)(3)(f) of this rule.

(a) A t least fifteen hundred hours o f work, by the applicant, o f which aminimum of fifty per cent of the work consists of face-to-face clientcontact involving the delivery of clinical counseling services, whichinclude the diagnosis and treatment of mental and emotional disorders.Not more than fifteen hundred hours of experience may be accrued inany twelve month period. I f the supervised experience totaled less thanthe fifteen hundred hours, in a twelve month period credit w il l begranted for the fraction o f a year's experience represented by thenumber of hours worked; and

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4757-13-03 2

(b) The experience was under the direct supervision of a professional clinicalcounselor, psychologist, psychiatrist, independent social worker with aclinical area o f competence, or other independently licensed mentalhealth professional acceptable to the counselor professional standardscommittee. A l l supervision obtained in Ohio shall be provided by aprofessional c l in ic a l counselor w i t h superv is ion designation.Exceptions to this rule, due to hardship, shall be made in writing to thecommittee.

: • : " : . ' • Z : : " : ' 4 " : : " . Z " : " " :

licensure supervised experience obtained prior to January 1, 1998,

/1757 17 01 of the Administrative Code;

(ii) The 3upervisce registered the experience with the board on a

the supervised experience;

experience in writing from the committee.

(61)Lej Supervised counseling experience obtained out o f state may counttoward the supervised experience requirement. Applicants shall requestthis consideration in writing from the counselor professional standardscommittee. I f licensed in another state, applicants shall apply under rule4757-13-06 of the Administrative Code.

f e ) 4 Elementary or secondary schools and college or university academicadvising, admissions, and placement centers are not clinical settingswhere diagnosis and treatment of mental and emotional disorders areroutinely within the scope of practice. Applicants who believe that theyare conducting diagnosis and treatment o f mental and emotionaldisorders have the burden o f proving to the counselor professionalstandards committee that their experience meets the requirements asdefined in paragraphs (A)1_4_1(-3)(a) to (A)0_1(3)(e) of this rule.

4757-13-03

the experience meets all the standards set forth in thi3 rule.

(C) An applicant for professional c linical counselor shall successfully complete thelicensure examination prescribed b y t he counselor professional standardscommittee within two years of application. All Ohio professional counselors whowere licensed as professional counselors by taking the single tier Texas-Ohioexamination from January 1, 1999 to December 31, 2004 or Ohio professionalcounselor licensure examination from January 1, 2004 through February 28, 2006are exempt from taking the prescribed examination for professional c linicalcounselor.

3

(B) A n applicant for professional c linical counselor shall pass a field evaluationprescribed by the board to evaluate the applicant's competence in diagnosing andtreating mental and emotional disorders. The applicant shall further providesupervision evaluations within thirty days following the completion o f the firstfifteen hundred hours of supervised experience required under paragraph (A) of thisrule, and again, at the completion of the full three thousand hours of supervisedexperience on forms provided by the board.

(1) The field evaluation shall contain documented evidence of the quality, scopeand nature of the applicant's field experience and competence in diagnosisand treating mental and emotional disorders and be submitted on a formprescribed by the counselor professional standards committee.

(2) The field evaluation shall be completed by the individuals registered with theboard as the applicant's supervising counselors.

(3) The supervision evaluations shall be completed by the registered supervisingcounselor for the applicant within thirty days of the accumulation of fifteenhundred and three thousand total hours o f supervised experience. Theapplicant is responsible for providing the form to the supervisor.

7-10-00; 3-13-06; 9-20-07

4757-13-03

Effective:

R.C. 119.032 review dates: 09/20/2012

5-22-86; 12-18-88; 7-3-97;

4

2-9-98;

Certification

119.034757.10, 4757.224757.222-24-86 (Emer.);

Date

Promulgated Under:Statutory Authority:Rule Amplifies:Prior Effective Dates:

ACTION: Original

4757-17-01 C o u n s e l i n g supervision.

DATE: 06/09/2011 12:46 PM

This rule applies to all professional counselors registered as clinical residents who areworking toward licensure as professional c linical counselors and counselor traineesseeking licensure under rules 4757-13-01 and 4757-13-03 o f the Administrative Code.This rule also applies to professional counselors who are diagnosing and treating mentaland emotional disorders under the work supervision of an independently licensed mentalhealth professional.

(A) Definition of supervision:

(1) "Training supervision" is supervision o f all individuals who are gaining theexperience required for a license as a professional clinical counselor, or alicense as a professional counselor under r u le 4757-13-01 o f theAdministrative Code, or a counselor trainee registered with the board andenrolled in a practicum or internship class under paragraph (E) of this rule.This type of supervision requires extensive time and involvement on the partof the supervisor in order to help supervisees improve their skills and/or learnnew skills. Training supervision shall include an average o f one hour o fface-to-face contact between the supervisor and supervisee for every twentyhours of work by the supervisee.

(2) "Work supervision" is supervision required of professional counselors who areengaging in the diagnosis and treatment of mental and emotional disordersand who are not registered with the board for training purposes. Professionalcounselors shall disclose to their clients in writing that they are engaging inthe diagnosis and treatment o f mental and emotional disorders under thesupervision o f an appropriately licensed mental health professional. Thesupervisee shall also disclose to their clients in writing the name(s) of the saidprofessional(s).

(3) "Group supervision" is board approved supervision that consists of not morethan six supervisees for one supervisor.

(B) Purposes of training supervision:

(1) To provide for the protection of consumer and client welfare;

(2) To provide that supervisees function within the limits of their competence; and

(3) To provide training in activities relevant to the supervisee's position andacademic background,

(C) Requirements pertaining to training supervision:

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4757-17-01 2

(1) A professional c linical counselor o r professional counselor prov idingsupervision shall:

(a) Have demonstrated competence in the area in which they are supervising;

(b) Have training in supervision theory and practice;

(c) Have training in legal and ethical issues relevant to counseling;

(d) Have training in multicultural counseling competencies as defined by theboard;

(e) Have a board issued supervision designation; and

(f) Complete and forward to the board all supervision evaluation formsrequired by the board within thirty days of receipt of the form from asupervisee.

(2) Training supervisees may not choose a supervisor who is a family member orwho is related to them in any way.

(3) Professional counselors who are registered with the board for trainingsupervision and engaging in the supervised diagnosis and treatment of mentaland emotional disorders shall not collect fees in their own names. All billingsshall be in the name of the employing agency or the licensed supervisor.

(4) A l l supervi3ec reports dealing with client welfare shall be co signed by thesupervisor.The professional clinical counselor with supervision designationshall sign off on all diagnosis, change in diagnosis, individualized servicesplans, and correspondence to any third party outside of the agency.

(5) Professional counselors who engage in the diagnosis and treatment of mentaland emotional disorders shall do so under the work supervision o f aprofessional c linical counselor, a psychologist, a psychiatrist, o r a nindependent social worker with a clinical area of competence. A l l clinicalresidents engaging in training supervision for licensure as professionalclinical counselors shall be under the supervision of a professional clinicalcounselor with supervision designation. A l l counselor trainees engaging intraining supervision for licensure as professional counselors shall be underthe supervision of a professional counselor with supervision designation orprofessional clinical counselor with supervision designation except that a

4757-17-01 3

professional clinical counselors with supervision designation shall supervisethe counselor trainee when diagnosing and treating mental and emotionaldisorders. Requests for exceptions to this rule for training supervision, due tohardship, shall be made in writing to the board. A board approved supervisorshall not supervise more than six supervisees who are registered at one timewith this board. Training supervision provided under paragraph (E)(1) of thisrule shall count toward the six supervisee limit.

(6) Individuals in the process of completing the supervised experience required forlicensure may be employed on a paid basis as long as they are practicingwithin the scope of practice of the license for which they are applying, andare properly licensed or registered with the board.

(7) Supervisees presenting supervision experience from another state shall providethe vita of their supervisors to demonstrate that their supervisors are licensedto supervise the diagnosis and treatment of mental and emotional disordersand thus are acceptable to the board.

(8) In the event that a supervisee is practicing under work supervision whileregistered for training supervision, the rules for training supervision shallsupersede the rules for work supervision.

(9) Nothing in this rule shall prevent professional counselors from practicingindependently within their scope of practice.

(D) Registration of training supervision for those seeking professional clinical counselorlicensure:

(I) A written training supervision agreement, on a form designated by the board,shall be fi led with the board at the beginning the training experience. A l lapplications for clinical resident shall be made per procedures established bythe counselor professional standards committee. Changes per paragraph(D)(4) of this rule to the clinical resident status shall be made in the mannerrequired by the counselor professional standards committee. The status o fthese applications shall not be "active" until the supervision documentation iscomplete in its entirety and shall be verified from the board online licenseverification system.

(2) This form shall be used to obtain "c linical resident" status as defined inparagraph (S) o f rule 4757-3-01 o f the Administrative Code to enable theclinical resident to accumulate and document hours toward professionalclinical counselor lieensure.

4757-17-01

(3) Filing of the written training supervision agreement with the board shall be thesole responsibility of the licensee or registrant.

(4) Records of training supervision shall be maintained by the supervisee and madeavailable to the board upon request. The supervision records shall containinformation concerning the dates/times o f supervision (e.g. "8-19-08 from2:00-3:00 p.m,"), content and goals of supervision and shall be signed by thesupervisor at least quarterly.

(5) In the event that it is necessary for the supervisee to change or add supervisors,sites or duties the supervisee shall be responsible to contact the board withinthirty days of such a change and provide the following information:

(a) Notification of a change or addition to supervisors, sites, duties, licensure,or registration renewal status of either supervisor, clinical resident orprofessional counselor license of the clinical resident; and

(b) Clinical residents shall partially complete a "supervision evaluation andverification" fonn with data elements required from supervisee withinthirty days o f changing supervisors and provide that form for finalcompletion by their former supervisor to document hours accrued. Thesupervisor shall complete that form and submit it to the board withinthirty days of receipt from the supervisee.

(E) Registration of training supervision for practicum or internship for counselor traineestatus:

(1) Students enrolled in a practicum or internship prior to receiving their counselingdegree are eligible for "counselor trainee" status as defined in paragraph (T)of rule 4757-3-01 o f the Administrative Code, if they are doing so in Ohio.Students are not required by the board to have counselor trainee status tocomplete their practicum or internship requirements, including the provisionof supervised counseling services, but may be required to obtain registrationas a counselor trainee by the supervising agency as a condition of acceptancefor practicum or internship. A student may also voluntarily choose to applyfor registration as a counselor trainee. Applicants for counselor trainee statusshall:

(a) Be of good moral character;

(b) Provide criminal records checks per paragraph (E) of rule 4757-1-04 ofthe Administrative Code;

4757-17-01 5

(c) Apply on a form specified by the board and comply with rule 4757-4-01of the Administrative Code;

(d) Provide proof of enrollment in a master's or doctoral-level level practicumor internship course. A copy o f the university's online enrollmentdocument shall be acceptable; or a letter, email or facsimile from theprofessor, counseling office or registrar stating the applicant is enrolled;

(e) Applicants shall document proof of counselor trainee status using theboard's online license verification system at https://license.ohio.gov.Trainee status shall be active only within the dates displayed on thatsystem. The dates of that registration shall be up to a month past theend of the tem enrolled;

(f) Provide proof of enrollment as specified in paragraph (E)(1)(c) of this rulefor their existing registration to be extended through the dates of thatcourse. A separate application may be required for practicum andinternship;

(g) Have the same scope o f practice as a professional counselor in rule4757-15-01 o f the Administrative Code, but require much closersupervision during the training process; and

(h) Counselor trainee status is not a substitute for licensure and is only validat the school approved field placement site(s) where the student iscompleting his or her field placement, and through the dates listed onthe board's online license verification system.

(2) Ensuring the counselor trainee is properly registered and listed on the licensureweb s ite https://license.ohio.gov is pr imarily the responsibility o f thecounselor trainee, but shall be monitored by the work place supervisor oragency at time of placement and subsequent extensions of counselor traineestatus.

(F) Requirements for applying for a supervising counselor designation.

(1) Professional c linical counselors o r professional counselors apply ing fo rsupervising counselor status shall meet the following minimum requirementsafter August 31, 2008.

(a) Document a minimum of twenty-four hours of academic preparation or

4757-17-01 6

board approved continuing education coursework i n counselorsupervision training including training six hours in each area as follows:

(i) Assessment, evaluation and remediation which includes initial,formative and summative assessment of supervisee knowledge,skills a n d self-awareness; components o f evaluation e.g.evaluation criteria and expectations, supervisory procedures,methods for monitoring (both direct and indirect observation)supervisee performance, f o r ma l a n d in for mal feedbackmechanisms, and evaluation processes (both summative andformative), and processes and procedures for remediation o fsupervisee skills, knowledge, and personal effectiveness andself-awareness;

(ii) Counselor development which includes models o f supervision,learning models, stages o f development and transitions i nsupervisee/supervisor development, knowledge and skills relatedto supervision intervention options, awareness o f indiv idualdifferences and learning styles o f supervisor and supervisee,awareness and acknowledgement o f cultural differences andmulticultural competencies needed by supervisors, recognition ofrelational dynamics in the supervisory relationship, and awarenessof the developmental process o f the supervisory relationshipitself;

( iii) Management and administration which includes organizationalprocesses a n d procedures f o r recordkeeping, repor ting,monitoring o f supervisee's cases, collaboration, research andevaluation; agency or institutional policies and procedures forhandling emergencies, case assignment and case management,roles and responsibilities o f supervisors and supervisees, andexpectations o f supervisory process within the institution oragency; institutional processes for managing multiple roles o fsupervisors, and summative and formative evaluation processes;and

(iv) Professional responsibilities which includes ethical and legal issuesin supervision includes dual relationships, competence, dueprocess in evaluation, informed consent, types o f supervisorliability, privileged communication, consultation, etc.; regulatoryissues include Ohio laws governing the practice of counseling andcounseling supervision, professional standards and credentialingprocesses i n counseling, reimbursement e l ig ib i l i t y a n dprocedures, and related institutional or agency procedures.

4757-17-01 7

(b) The board shall waive the requirements in paragraphs (F)(1)(a)(i) to(F)(1)(a)(iv) and (F)(1)(e) o f this r ule f o r existing professionalcounselors and professional c linical counselors who apply pr ior toSeptember 1, 2008 for the supervisory designation i f they meet theother requirements of paragraph (F) of this rule. These applicants shallcomplete a minimum of ten hours o f academic preparation or boardapproved continuing education coursework in counselor supervisiontraining.

(c) Each professional clinical counselor shall obtain a minimum of one yearand fifteen hundred hours o f clinical experience, post professionalclinical counselor licensure, which shall include the diagnosis andtreatment of mental and emotional disorders.

(d) Each professional counselor shall obtain four thousand five hundred hoursexperience post licensure including, but not limited to, work in areassuch as career counseling, personal growth, supervised diagnosis andtreatment o f mental and emotional disorders, etc. A l l supervision ofdiagnosis and treatment of mental and emotional disorders shall be persection 4757.21 o f the Revised Code and rules 4757-15-01 and4757-15-02 of the Administrative Code.

(e) The fifteen hundred hours shall include at least one supervision o fsupervision experience. The professional clinical counselor in trainingshall work with the same supervisor for at least five hours learning theskills to become a supervisor. The professional clinical counselor intraining shall wor k (as a supervisor-in-training) w it h the samesupervisee (licensee who needs supervision) for a minimum o f tenhours while teaming from and working with a professional clinicalcounselor who has a supervising counselor designation. All supervision,and supervision o f supervision addressed i n this r ule shall b eface-to-face.

(f) Comply with all current or future association for counseling education andsupervision "ACES" and American counseling association "ACA"ethical standards pertaining to the supervisory relationship.

(g) Document applicant's familiar ity w ith significant legal, ethical, andclinical issues relevant to the supervisory relationship on a formprescribed by the board.

(2) A l l supervising counselors shall maintain supervising counselor status by

4757-17-01 8

obtaining six hours of counselor professional standards committee approvedcontinuing professional education in supervision. Three of the required sixhours may be met through a minimum of six hours of peer supervision, whichshall address one or more core supervision content requirements and shall bewith other licensed mental health providers, and shall be documented as such,including participants' names, topics discussed and dates met.

(3) Professional clinical counselors engaged in training supervision shall be called"supervising counselors" per paragraph (Q)(9) o f rule 4757-3-01 o f theAdministrative Code. They shall have adequate training, knowledge, and skillto render competent clinical supervision and shall meet the criteria for workand training supervision as defined in paragraphs (A)(1) and (A)(2) o f thisrule. Professional counselors engaged in training supervision shall be called"supervising counselors" per paragraph (Q)(8) o f rule 4757-3-01 o f theAdministrative Code. They shall have adequate training, knowledge, and skillto render competent non-clinical supervision and shall meet the criteria fortraining supervision as defined in paragraph (A)(1) of this rule and shall notsupervise the diagnosis and treatment of mental and emotional disorders.

4757-17-01

Effective:

R.C. 119.032 review dates: 09/20/2012

9

2-9-98;

Certification

119.03RC 4757.10, 4757.22, 4757.234757.22, 4757.232-24-86 (Emer.); 5-22-86; 12-18-88; 7-3-97;8-2-01; 9-20-02; 1-10-08; 11-2-08; 10-18-09

Date

Promulgated Under:Statutory Authority:Rule Amplifies:Prior Effective Dates:

ACTION: Original

4757-19-01

The requirements for licensure as a social worker are generally set forth in division (A) ofsection 4757.28 of the Revised Code. With regard to such applicants, the board herebyprescribes:

(A) That the applicant shall apply for a license in accordance with the provisions of rule4757-1-04 of the Administrative Code; and,

(B) The applicant shall submit the following;

Requirements for licensure as a social worker.

DATE: 06/09/2011 2:46 PM

(1) An applicant for licensure shall submit a completed official application formmade under oath and all requested infolination; and

(2) The applicant's education shall be documented by official college transcriptsreceived by the board directly from the college or university. Educationalrequirements must be met by completion o f educational programs a taccredited colleges or universities; and

(3) Submit w ith the application the required fee per paragraph (D) o f rule4757-1-05 of the Administrative Code; and

(4) Documentation necessary for examination approval as required by rule4757-19-04 of the Administrative Code. Upon completing the examinationapplicants shall submit copies o f their unofficial examination scores v iafacsimile, mail or email; and

(5) Applications will be reviewed by the board after all the required information isreceived. Applicants will be notified by mail or email of the action taken onthe application.

(6) Applicants who are denied admission to the examination will be afforded anopportunity for a hearing pursuant to Chapter 119. of the Revised Code.

(C) That the applicant shall meet one of the following educational requirements:

(1) Have a bachelor's degree in social work or a master's degree in social work, or adoctoral degree in social work from an accredited educational institution;which shows evidence of meeting the following coursework requirements;

(a) Six semester hours or their equivalent of coursework in the area of humandevelopment and behavior which includes: the social, psychological,and physiological growth of an individual, and the effects of growth of

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4757-19-01 2

a personality in the social environment.

(b) Six semester hours or their equivalent of social work practice coursestaught by an indiv idual with an advanced degree in social work.Coursework shall include methods o f social intervention: casework,groupwork, community organization and practice, social research andadministration: in addition, three semester hours of coursework or itsequivalent in the area of social work research shall be required.

(c) Six semester hours or their equivalent in the social welfare and policyarea. Social welfare and policy includes the history of social welfare;policy development and analysis.

(d) Three semester hours or their equivalent shall be required in social worktheory which includes the study o f the principles which demonstratevarious types of bio-psycho-social interventions.

(e) Not less than four hundred clock hours of supervised practicum and/orfield experience, w i t h a pr imary focus o n soc ial interventioncoordinated by a an individual with an advanced degree in social work.

(f) The program shall reflect continuous effort to enrich the educationalexperience by incorporating content on social work professional andlegal ethics, and racial ethnic and cultural diversity as well as women'sissues into the curriculum.

(g) Social work programs which are accredited by "The Council on SocialWork Education" (CSWE) are recognized as qualify ing degrees insocial work.

(2) Have at least a bachelor's degree from an accredited educational institution in aprogram closely related to social work on or before October 10, 1992.

(a) "A program closely related to social work" means a program that showsevidence of coursework totaling twenty semester hours, or thirty quarterhours, in three areas from paragraphs (C)(2)(a)(i) to (C)(2)(a)(iv) of thisrule and field work required in paragraph (C)(2)(a)(v) of this rule withthe exception of social workers previously licensed by the state of Ohiowho let their license expire, who shall be deemed to have met therequirements for field work in paragraph (v) of this rule:

(i) Human development and behavior: The social psychological, and

4757-19-01 3

physiological growth of an individual, and effects on the growthof a personality in a social environment;

(ii) Methods of social intervention: Casework, groupwork, communityorganization and practice, social research and administration;

(iii) Social welfare and policy: The history of social welfare and policy;

(iv) Social work theory: The study of the principles which demonstratevarious types of socio-psychological interventions;

(v) F ield work: Not less than four hundred hours o f supervisedpracticum and/or field experience, with a primary focus on socialintervention, structured or regulated by a department or programin the behavioral or social sciences.

(b) An applicant with a degree from a program closely related to social workshall demonstrate that the applicant's coursework meets the educationalrequirements contained in this rule. I f a course title does not clearlyindicate the content area of coursework named in this rule, the applicantshall provide additional evidence or information about the applicant'scoursework to the board. The committee will not accept introductory orsurvey courses in other disciplines towards meeting the related degreecoursework requirements.

(i) The committee w ill not accept introductory or aVey

requirements.

(c) All applicants with degrees conferred after October 10, 1992 must havebachelor's, master's or doctoral degrees in social work from accreditededucational institutions.

(D) Per division (A) of section 4757.28 of the Revised Code, a social worker license shallclearly indicate each academic degree earned by the person to whom it is issued.Social worker wall certificates shall be prepared using the following acronyms forthe degrees noted and only those earned as of the date of issuance. Licensees orregistrants may not use a doctorate designation in their professional capacity unlessit is related to the field o f mental health and is from a recognized accreditededucational institution. Related degree licensees shall be so noted on their wallcertificates as "Licensed Social Worker - Related Degree."

(1) Bachelor of arts - major social work or a related degree shall be "BA."

4757-19-01 4

(2) Bachelor of social work - major social work shall be "BSW."

(3) Bachelor of science in social work - major social work shall be "BSSW."

(4) Bachelor of science - major social work or a related degree shall be "BS."

(5) Master of social work - major social work shall be "MSW."

(6) Master of arts - major social service administration shall be "MASSA."

(7) Master o f science - in social administration major in social work shall be"MSSA."

(8) Master of arts - major social work related degree shall be "MA."

(9) Master of science - major social work related degree shall be "MS."

(10) Doctorate of social work - major in social work shall be "DSW."

(11) Doctor of Philosophy - major in social work shall be "PhD."

(12) Doctorate o f related area of mental health - related area o f mental healthmajors shall be "PhD-Other."

4757-19-01

Effective:

R.C. 119.032 review dates: 09/20/2012

5-22-86; 7-3-97; 7-10-00;

5

11-4-06;

Certification

119.034757.284757.282-24-86 (Emer.);9-20-07

Date

Promulgated Under:Statutory Authority:Rule Amplifies:Prior Effective Dates:

ACTION : Original

4757-23-01 S o c i a l work supervision.

This rule applies to all social work assistants; to all social workers employed in a privatepractice, partnership, o r group practice; t o a l l social workers engaged in socialpsychotherapy; and to all social workers seeking licensure as independent social workers.

(A) Definitions of social work supervision:

FDATE: 06/09/20 1 12:46 PM

(1) "Clinical supervision" o f social workers performing social psychotherapy andsocial workers employed in a private practice, partnership, or group practicemeans the quantitative and qualitative evaluation o f the supervisee'sperformance; professional guidance t o the supervisee; approval o f thesupervisee's intervention plans and their implementation; the assumption ofresponsibility for the welfare of the supervisee's clients; and assurance thatthe supervisee functions within the limits of their license. The assessment,diagnosis, treatment plan, revisions to the treatment plan and transfer ortermination shall be cosigned by the supervisor and shall be available to theboard upon request.

(2) "Training supervision" means supervision for the purposes o f obtaining alicense and/or development o f new areas o f proficiency while providingservices to clients. Training supervision may be individual supervision orgroup supervision.

(a) "Individual supervision" means face-to-face contact between a supervisorand an individual supervisee in a private session wherein the supervisorand supervisee deal with problems unique to the practice o f thatsup ervisee.

(b) "Group supervision" means face-to-face contact between a supervisor anda small group (not to exceed six supervisees) in a private sessionwherein practice problems are dealt with that are similar in nature andcomplexity to all supervisees in the group.

(B) Clinical supervision requirements.

(1) A social worker engaged in social psychotherapy in an agency setting shall besupervised by an independent social worker, a professional clinical counselor,a psychologist, a psychiatrist or a registered nurse with a master's degree witha specialty in psychiatric nursing.

(2) A social worker working as an employee o f a partnership, group or privatepractice shall be supervised in all practice of social work by a supervisorlisted in paragraph (13)(1) of this rule.

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4757-23-01 2

(C) Training supervision o f licensed social workers by licensed independent socialworkers with a supervision designation requires the supervisor to:

(1) Have demonstrated competence in the area in which they are supervising;

(2) Have training in supervision theory and practice;

(3) Have training in legal and ethical issues relevant to counseling, psychosocialinterventions and social psychotherapy;

(4) Complete and forward to the board all supervision evaluation forms required bythe board within thirty days of receipt of the form from a supervisee.

(D) Requirements fo r social work professional training supervision to qualify forlicensure as an independent social worker:

(1) One hour of individual and/or group supervision for each twenty hours of workby the supervisee with no less than one hundred fifty hours total.

(2) Employment experience obtained after October 10, 1986, that is required forlicensure as an independent social worker, shall be supervised by aindependent social worker. Employment experience obtained • fter September1. 2008,that is required for licensure as an independent social worker, shallbe supervised by an independent social worker with supervision designation.

(3) Records of training supervision shall be maintained by the supervisee and madeavailable to the board upon request. The supervision records shall containinformation concerning the dates o f supervision, content and goals o fsupervision. The supervisor shall s ign the supervision records a t leastquarterly to document their review.

(4) There shall be no direct family relationship between the supervisor and thesupervisee i f the experience is to be counted toward the fulfi llment o f thelicensure requirement.

(5) Certification that the requirements of this rule have been met shall be submittedby the applicant on a form designated by the board at time o f licensureapplication.

(6) I f the training supervision is occurring in Ohio, the supervisee and the

4757-23-01 3

supervisor shall be licensed in Ohio.

(7) Requests for exceptions Exceptions to this rule, due to hardship, shall be madein writing to the committee.

(E) Requirements for social work professional training in supervision to qualify for asupervisory designation:

(1) Only independent social workers who have obtained a supervisory designationshall provide training supervision. Applicants for supervisory designationshall apply on forms required by the board and shall document at least thefollowing requirements.

(a) One year post licensure experience as an independent social worker; and

(b) Training in supervision of at least nine hours of continuing education incommittee approved supervision programs o r one master's lev elsupervision course, which shall be completed as follows: between thedate the applicant received the independent social worker and the datethe applicant is apply ing f o r the supervision designation us ingcontinuing education training; or complete a master's level supervisioncourse from an accredited university within the last three years.

(2) All supervising independent social workers shall maintain supervisory status byobtaining three hours o f social workers professional standards committeeapproved continuing professional education in supervision or a master's levelcourse in supervision each renewal period.

(3) I f the minimum of nine hours of academic preparation is continuing educationcoursework, it shall be board approved. The continuing education courseworkin social work training supervision shall include each area as follows:

(a) The coursework shall total nine clock hours of didactic and interactionalinstruction; and

(b) The coursework shall contain content that satisfies the following learningobjectives.

(i) The participant w il l become familiar with the major models o fsupervision for social work;

4757-23-01 4

(ii) Gain skills to develop a personal model of supervision, drawn fromexisting models of supervision;

(iii) Understand the co-evolving dynamics o f licensee-client andsupervisor-licensee-client relationships;

(iv) Explore distinctive issues that arise in supervision;

(v) Address the contextual variables in practice such as culture, gender,ethnicity, power and economics;

(vi) Become familiar with the ethical, legal and regulatory issues o fsupervision; and

(vii) Understand the role of evaluation in supervision.

4757-23-01

Effective:

R.C. 119.032 review dates: 09/20/2012

5-22-86; 7-3-97; 7-10-00;

5

11-4-06;

Certification

119.034757.284757.282-24-86 (Emer.);9-20-07

Date

Promulgated Under:Statutory Authority:Rule Amplifies:Prior Effective Dates: