reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-111 - Practice Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Assessment or Diagnosis. A social worker shall base services on an assessment
				or diagnosis. A social worker shall evaluate on an ongoing basis whether the
				assessment or diagnosis needs to be revised.
B. Assessment or Diagnostic Instruments. A
				social worker shall take reasonable steps to ensure that appropriate
				explanations of results are given. A social worker shall ensure that an
				explanation of the results is provided using language that is reasonably
				understandable to the person assessed or to another legally authorized person
				on behalf of the client.
C. Plan. A
				social worker shall develop a plan for services which includes goals based on
				the assessment or diagnosis. A social worker shall evaluate on an ongoing basis
				whether the plan needs to be revised.
D. Mandatory Reporting. All levels of social
				workers are required to report in conformity with all child or elder abuse
				Louisiana and federal laws.
E.
				Supervision or Consultation. A social worker shall obtain supervision or engage
				in consultation when necessary to serve the best interests of a
				client.
F. Informed Consent
1. Social workers shall provide services to
				clients only in the context of a professional relationship with valid informed
				consent. Social workers should use clear and understandable language to inform
				clients of the plan for services, relevant costs, reasonable alternatives, the
				client's right to refuse or withdraw consent, and the time frame covered by the
				consent. Social workers shall provide clients with an opportunity to ask
				questions.
2. If the client does
				not have the capacity to provide consent, the social worker shall obtain
				consent for the services from the client's legal guardian or other authorized
				representative.
3. If the client,
				the legal guardian, or other authorized representative does not consent, the
				social worker shall at the earliest opportunity discuss with the client that a
				referral to other resources may be in the client's best interests.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-113 - Social Work Relationships

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Exploitation. A social worker's duty requires the promotion and advancement of
				the best interests and welfare of clients, students and supervisees with whom
				the social worker has a professional social work relationship. It is a breach
				of this duty for a social worker to use the professional relationship to
				promote or advance the social worker's emotional, financial, sexual or personal
				needs. Examples of exploitative behavior may include, but are not limited to,
				the following:
1. inappropriately disclosing
				aspects of the social worker's life or personal problems;
2. seeking out or accepting advice or
				consultation from a client on financial, personal, real estate or other
				business matters;
3. hiring or
				bartering for services of a personal nature with the client, supervisee or
				student at the social worker's office, home or other location;
4. entering into a sale, lease, or joint
				venture or other business venture with a client, supervisee or
				student;
5. encouraging planned
				social meetings or contacts between the social worker and the client such as
				meals, parties, sporting and recreational events or similar functions; as
				distinguished from unplanned or unavoidable meetings at which both the social
				worker and the client are in attendance; and further distinguished from such
				activities where social workers are legitimately expected to participate in
				such events;
6. inappropriate
				touching, holding, kissing or physical contact between social worker and
				client, supervisee or student;
7.
				giving or exchanging inappropriate gifts, gratuitous services, or personal
				items between the social worker and the client, supervisee or
				student.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-115 - Client Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Written Informed Consent. A social worker shall protect all information
				provided by or obtained about a client. Client information includes the social
				worker's personal knowledge of the client and client records, written or
				electronic. Except as provided herein, client information may be disclosed or
				released only with the client's written informed consent. The written informed
				consent shall explain to whom the client's information will be disclosed or
				released and the purpose and time frame for the release of
				information.
B. Release of Client
				Information without Written Consent. A social worker may disclose client
				information without the client's written consent only under the following
				circumstances:
1. where required by federal
				or state law, including mandatory reporting laws, requiring release of client
				information;
2. where the treating
				social worker has made a clinical judgment that a client has communicated a
				significant threat of physical violence against an identifiable victim(s), with
				the apparent intent and ability to carry out the threat. In such case, the
				social worker has a duty to warn which is discharged by reasonable efforts to
				communicate the threat to the potential victim(s) and to notify law enforcement
				authorities in the vicinity of the client and the victim(s). See
				R.S.
				9:2800.2;
3. where one of the enumerated exceptions to
				the healthcare provider-patient privilege, as specified in Article 510 of the
				Louisiana Code of Evidence is applicable and the social worker is being
				required to give testimony at trial (hearing) or at a legally authorized
				deposition. See Article 510(E) of the Louisiana Code of Evidence;
4. where the social worker is the subject of
				a malpractice or professional negligence claim relating to a client or former
				client who is claiming damage or injury; the social worker may provide such
				information that is directly and specifically related to the factual issues
				pertaining to the social worker's alleged liability. However, in such a case,
				information concerning the client's current treatment or condition may only be
				disclosed pursuant to testimony at trial or legally authorized discovery
				methods. See Article 510(F) of the Louisiana Code of Evidence;
5. where the social worker is required to
				address allegations of a complaint brought by a client or former client which
				are the subject of adjudication or disciplinary hearing involving the social
				worker;
6. where the Louisiana
				State Board of Social Work Examiners issues a lawful subpoena to a social
				worker and the board provides adequate safeguards to maintain confidentiality
				of client information or identify such as prescribed in
				R.S.
				13:3715.1(J).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-117 - Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. Impairment. A
				social worker shall not practice while impaired by medication, alcohol, drugs,
				or other chemicals. A social worker shall not practice under a mental or
				physical condition that impairs the ability to safely practice.
B. Medication and Mind or Mood Altering
				Substances. A social worker shall not dispense medication or controlled
				substances to a client, or accept these substances from a client for personal
				use or gain. In an appropriate setting, a social worker may deliver a
				previously dispensed medication to the client for whom it was specifically
				prescribed or ordered by an authorized prescriber. A social worker may witness
				and verify the client's disposal of the client's medication. Under no
				circumstances shall a social worker offer alcoholic beverages or mood altering
				substances to a client.
C.
				Investigation. All social workers shall cooperate with a social work board
				investigation of any social worker.
D. Responsibility to the Public. A social
				worker shall not knowingly participate in any activity or practice (including
				hiring, supervising, or concealing) by which activity or practice an individual
				engages or continues to engage in a practice of social work which is prohibited
				by R.S.
				37:2709 or which activity or practice aids or
				abets any violation of
				R.S.
				37:2720. A social worker who becomes aware of
				an activity or practice as described herein or of conduct prohibited by
				R.S.
				37:2709 or
				R.S.
				37:2720 shall report such information to the
				board at the earliest opportunity.
E. A social worker shall notify the Louisiana
				state Board of Social Work Examiners within seven business days of any arrests
				or charges, to include DWI and DUI, regardless of final disposition. Minor
				traffic offenses such as speeding and parking tickets do not need to be
				reported.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-119 - Representation to the Public

Current through Register Vol. 50, No. 6, June 20, 2024
A. Use of
				Social Worker Designation. A social worker shall use only the social worker
				designation to which they are entitled. Such designation shall be used after
				the social worker's name and in all written communications relating to social
				work practice, including any advertising, correspondence, and client
				records.
B. Information to Clients
				or Potential Clients. A social worker shall provide accurate and factual
				information concerning the social worker's credentials, education, training,
				and experience upon request from a client, potential client or supervisee. A
				social worker shall not misrepresent directly or by implication the social
				worker's license, certificate, registration, degree, and/or professional
				qualifications in any oral or written communication or permit or continue to
				permit any misrepresentations by others. A social worker shall not
				misrepresent, directly or by implication, affiliations, purposes, and
				characteristics of institutions and organizations with which the social worker
				is associated.
C. Restriction on
				Social Work Designation. Social workers, regardless of the license,
				certificate, or registration, shall not use such designation as a claim,
				promise, or guarantee of successful service, nor imply that the holder has
				competence in another service. A social worker must not misrepresent his/her
				qualifications, training or experience. If a social worker engages in
				advertising, his/her credentials must be presented factually.
D. Display of Credentials. A social worker
				shall conspicuously display a current license, certificate, or registration
				issued by the board at the social worker's place of practice.
E. Mailing Address. A social worker shall
				file a change of address with the board within 15 business days.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-121 - Fees and Billing Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Fees and Payments. A social worker who provides a service for a fee shall
				inform a client of the fee at the initial session or meeting with the client.
				Payment arrangements must be made at the beginning of the professional
				relationship. If other services are necessary during the course of the
				professional relationship, the full fee for those services must be negotiated
				with the client, their legal guardian, or other authorized representative prior
				to the service being rendered. A social worker shall provide, upon request from
				a client, a client's legal guardian or other authorized representative, a
				written explanation of all charges for any services rendered.
B. Necessary Services. A social worker shall
				bill only for services which he/she has provided. A social worker shall provide
				only services which are necessary. If fees are to be charged for cancellation
				or failure to appear for an appointment, a clear description of that policy
				must be provided to the client in advance of its implementation.
C. Referrals
1. A social worker shall neither accept nor
				give a commission, rebate, fee split or other form of remuneration for the
				referral of a client.
2. A social
				worker shall not solicit a private fee or other remuneration for providing
				services to clients who are entitled to such available services through the
				social workers' employer or agency without employer or agency
				approval.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-123 - Evaluation and Research

Current through Register Vol. 50, No. 6, June 20, 2024
A. Protocol.
				When undertaking research activities, the social worker shall abide by accepted
				protocols for protection of human subjects.
B. Informed Consent. A social worker must
				obtain a client's or a client's legal guardian's written informed consent for
				the client to participate in a study or research project. The researcher should
				explain in writing the purpose of the study or research, as well as the
				activities to be undertaken by the client, should the client agree to
				participate in the study or research project. The social worker must inform the
				client of the client's right to withdraw from the project at any
				time.
C. Participant Protection and
				Confidentiality. The social work researcher should protect participants from
				unwarranted harm or damage as a result of the research, and should avoid
				conflict of interest or dual relationships with participants. The participant's
				confidentiality or anonymity should also be fully explained and
				protected.
D. Evaluation Reports.
				Social work researchers must report evaluation and research findings accurately
				and truthfully. Participants in research should be informed of the results of
				the research in which they have participated if they so desire.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-303 - Practice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Social Work
				Practice. Any person practicing social work without license, certification, or
				registration is subject to the provisions of
				R.S.
				37:2720, including injunctive proceedings and
				prosecution.
B. Independent and
				Private Practice. Only a licensed clinical social worker may engage in the
				independent and private practice of social work.
C. Registered Social Workers shall not:
1. contract directly with individuals,
				couples, families, agencies or institutions for clinical services,
				consultation, supervision or educational services;
2. bill for services rendered;
3. receive direct payment for
				services;
4. claim to be licensed
				or in private practice.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-305 - Qualifications for Registration, Certification, Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Registered Social Worker (RSW)
1. Must be of good moral character. As one
				element of good moral character, the board shall require each applicant to
				submit a full set of fingerprints for the purpose of obtaining state and
				federal criminal records check, pursuant to authorizing state statute and
				applicable federal law. The state agency responsible for managing fingerprint
				data may submit fingerprints to and exchange data with the FBI. All good moral
				character information, including the information obtained through criminal
				records checks, shall be considered in licensure decisions to the extent
				permissible by all applicable laws.
2. The applicant shall have his/her
				university submit official transcript indicating the receipt of a bachelor of
				social work, bachelor of arts, or bachelor of science degree from an
				undergraduate social work program, accredited by the Council on Social Work
				Education, or a master's degree of social work from a graduate social work
				program, accredited by the Council on Social Work Education.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-307 - Administration of Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Examination
1. The social work examination
				shall be administered at least once per calendar year at a time and place
				designated by the board.
2. The
				Louisiana State Board of Social Work Examiners recognizes the examinations of
				the Association of Social Work Boards as the national examination for social
				workers.
3. Examination Pass Point.
				The board shall administer and grade a written examination or employ a national
				recognized testing firm to do the same. Whichever method is used, the board
				will consistently strive to improve reciprocity with other states having
				licensure comparable to Louisiana. A pass score of 70 will be used to grade the
				examination for the licensed clinical social worker and the licensed master
				social worker.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-311 - Renewals and Cancellation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Renewal
				notices are mailed on or before July 1 of each year. All licenses, certificates
				and registrations lapse annually on August 31.
B. Licensed clinical social workers must list
				those licensed master social workers and certified social workers under their
				supervision for licensure requirements and agency setting on their renewal
				form.
C. Twenty clock hours of
				continuing education in programs approved by the board shall be obtained prior
				to June 30 of each year (see
				§317 for rules on acceptable continuing
				education). Applications for renewal may be subject to denial if continuing
				education requirements are not fulfilled.
D. A lapsed license, certificate or
				registration may be renewed without the lapsed fee between September 1 and
				November 30. Payment must be postmarked on or before November 30.
E. A lapsed license fee shall be paid between
				December 1, and February 28, of each year and the license, certificate or
				registration will be renewed. The lapsed fee equals twice the amount of the
				renewal fee.
F. Without payment of
				the lapsed fee, the license, certification or registration is canceled after
				February 28, and a certified notice of cancellation is mailed. Payment must be
				postmarked on or before February 28.
G. It is the social workers responsibility to
				keep the board informed of his/her current mailing address.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-313 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fees charged
				by the Louisiana State Board of Social Work Examiners shall be as follows.
Application Fee for LCSW
$100
Application Fee for LMSW
75
Application Fee for RSW
50
Application fee for Retake of LCSW
50
Application fee for Retake of LMSW
50
Renewal Fee for LCSW
75
Renewal Fee for LMSW and CSW
50
Renewal Fee for RSW
25
Lapsed Renewal Fee for LCSW (postmarked after
							 November 30)
150
Lapsed Renewal Fee for LMSW and CSW (postmarked after
							 November 30)
100
Lapsed Renewal Fee for RSW (postmarked after November
							 30)
50
Fee for Returned Checks
25
Reissuance of Lost or Destroyed Certificate
25
Reissuance of Lost or Duplicate Identification Card
5
Fee for mailing lists per label plus postage and
							 handling
$0.05
Copy Fee for Documents:
$0.25 per page plus postage and handling
Fax Transmissions:
$5 first page $1 each additional page
Written Verification of License, Certificate or
							 Registration:
$5
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-315 - Board Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. Board Member
				Appointments
1. Whenever possible the board
				office shall notify all social workers of vacancies that occur on the board at
				least 45 days prior to the vacancy.
a. The
				notice to all social workers shall state the requirements for the vacant board
				position(s) and the date by which social workers or members of the public must
				submit a letter of interest and resume.
b. The notice to all social workers shall
				also include the names and addresses of all qualified social work membership
				organizations who meet the legal requirements to submit names for service on
				the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-317 - Continuing Education Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of continuing education is to
				protect the public by:
1. ensuring that the
				practitioner has formal opportunities to upgrade and update professional
				knowledge and skills; and
2.
				encouraging the practitioner to learn from other professionals; and
3. assisting the professional to expand
				his/her professional resource network.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-319 - Reciprocity and Endorsement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Reciprocity with other states and territories having comparable licensure,
				certification or registration is permissible as approved by the
				board.
B. In cases wherein no
				formal reciprocity agreement has been made, the board may endorse the license,
				certification or registration of a social worker moving to Louisiana from a
				state or territory with equivalent license, certification or registration
				standards.
C. The written
				examination may be waived by the board and a Louisiana license or certification
				issued if the following specific requirements are met.
1. The applicant is currently licensed or
				certified to practice social work in another state with standards equivalent or
				greater to those of Louisiana.
2.
				The applicant presents evidence that s/he meets the qualifications of
				R.S.
				37:2701-2723.
3. The applicant has passed the examination
				of the Association of Social Work Boards, or equivalent examination, in order
				to secure current social work license or certification in the state of
				Louisiana. The applicant shall request that the ASWB forward the official score
				report to the Louisiana board.
4.
				The jurisdiction from which the application for a license or certificate comes,
				accords similar privilege for licensure or certification without examination to
				holders of licenses or certificates.
5. The applicant submits the required
				fees.
6. The applicant submits the
				completed application for endorsement along with the required documentation to
				demonstrate good moral character.
7. The verification of license in other state
				form is completed by any jurisdiction in which the applicant has or has held a
				social work credential and submitted to the Louisiana board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-321 - Certificate Lettering

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only the
				individual's name will be placed on the certificate. No degrees, honors, or
				other information shall be added.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 3 - General Provisions › Section XXV-323 - Causes for Disciplinary Action

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Disciplinary action, including denial, suspension, revocation and other
				disciplinary options available to the board are set out in
				R.S.
				37:2717, these rules, standards, and
				procedures and the Louisiana State Administrative Procedure Act.
B. The board will notify the professional
				community within 30 days of any disciplinary action including the discipline,
				the social worker's name, location, offense and sanction imposed. A notice of
				the disciplinary action also will be published in the Louisiana State Board of
				Social Work Examiners' Newsletter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 5 - Minimum Supervision Requirements › Section XXV-501 - The LMSW Who Pursues the LCSW Credential, or Who Provides Services Which Constitute Psychotherapy Must Be Supervised

Current through Register Vol. 50, No. 6, June 20, 2024
A. A LMSW must be a salaried employee of an
				agency, organization, or facility that delivers social work services or a
				contractual employee of a governmental agency. The individual is considered an
				employee if:
1. s/he provides direct or
				indirect social work services;
2.
				s/he receives remuneration from an employer for these services;
3. the non-governmental employer withholds
				federal income taxes and FICA from the salary.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 5 - Minimum Supervision Requirements › Section XXV-505 - The LMSW Not Receiving BACS Supervision or the CSW Not Eligible for BACS Supervision

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LMSW
				who is not receiving BACS supervision or the CSW not eligible for BACS
				supervision, may deliver those clinical services which constitute psychotherapy
				only under the supervision of a LCSW. Supervision under these circumstances
				does not require that the supervising LCSW have the board approved clinical
				supervisor (BACS) designation.
B.
				Regardless of the time spent in clinical practice, the LMSW or CSW must be
				supervised in accordance with the following rules.
C. The employing agency ultimately is
				responsible and accountable for services rendered by the LMSW or CSW;
				therefore, the agency may provide access to LCSW supervision to ensure quality
				of services. The LMSW or CSW may independently secure LCSW
				supervision.
D. On-site supervision
				by LCSWs is the preferred method of supervision.
E. Supervision may be rendered through
				individual supervision, group supervision, telephone contact or by secure
				electronic media to meet the needs of the agency and to provide timely services
				to clients in emergencies.
F.
				Supervision for LMSWs or CSWs rendering clinical services constituting
				psychotherapy shall total a minimum of two hours per month, counted in
				increments of no fewer than 30 minutes, for the duration of the time that the
				LMSW or CSW is rendering psychotherapeutic services.
G. The supervisee and supervisor must keep
				accurate records of both the dates of supervision, times and hours spent in
				supervision for potential audit of records. The board at its discretion may ask
				for a copy of the record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 5 - Minimum Supervision Requirements › Section XXV-507 - Board-Approved Clinical Supervisor

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				To qualify for the Board-Approved Clinical Supervisor (BACS) designation, a
				social worker must:
1. hold the LCSW
				license;
2. verify at least three
				years of full-time social work experience at the LCSW level;
3. submit two letters of reference to the
				board from other professionals (one of whom should be an LCSW) who are familiar
				with the licensee's work, including supervision skills;
4. complete a board orientation
				workshop;
5. complete a board
				approved supervision workshop on the theory and techniques of supervision as
				well as procedures used in supervision toward licensure;
6. all requirements must be met before the
				social worker becomes a BACS.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 7 - Impaired Professional Program Authority › Section XXV-701 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				State Board of Social Work Examiners recognizes that impairments in the
				functioning of persons licensed, credentialed or registered to practice under
				the auspices of the Louisiana Social Work Practice Act can affect competent
				delivery of social work services and impair professional judgment.
B. Therefore, in order to safeguard the
				public health, safety, and welfare of the people of this state, as mandated by
				R.S.
				37:2701, the Louisiana State Board of Social
				Work Examiners establishes the Social Work Impaired Professional
				Program.
C. Therefore, in order to
				ensure a quality program with professional oversight, the Louisiana State Board
				of Social Work Examiners establishes the Impaired Professional Program
				Committee. The committee structure and function is directed by the board's
				chairperson.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 7 - Impaired Professional Program Authority › Section XXV-703 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The goal of the
				Social Work Impaired Professional Program is to provide for public protection
				through monitoring and a remediative course of action applicable to social
				workers who are physically or mentally impaired due to mental illness or
				addiction to drugs or alcohol. Impairments include, but are not limited to
				mental, physical, and addictive disorders or other conditions. The program also
				supports recovery through preventive measures and allows entrance into the
				program before harm occurs.
B. A
				social worker who meets the requirements of
				R.S.
				37:2706, 2707, 2708, or 2724 may enter the
				program subsequent to self-disclosure of impairment via an initial or renewal
				application for a credential. Entrance into the program may also occur by
				determination of the board, following involuntary disclosure of impairment in
				accordance with
				R.S.
				37:2717(A)(2) or
				R.S.
				37:2717(B)(4), or by other
				circumstances deemed appropriate by the board. Participation in the program may
				hence be required as a prerequisite to continued social work practice in
				accordance with the conditions of any consent order, compliance or adjudication
				hearing. A social worker who enters the program may be allowed to maintain
				his/her social work credential while in compliance with the requirements of
				their program.
C. Professionals who
				participate in evaluation, monitoring or treatment and who are approved or
				designated by the board to render these services are afforded the immunity
				provisions of the Social Work Practice Act,
				R.S.
				37:2723. The social worker will be
				responsible for executing all required releases of information and
				authorizations required for the board or its designees to obtain information,
				from any monitor, treatment or service provider concerning the social workers
				progress and participation in the program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 7 - Impaired Professional Program Authority › Section XXV-705 - Program Implementation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may utilize its discretionary authority to require or exclude specific
				components of this program for participants based upon determination of the
				nature and severity of the impairment. Participation in the Social Work
				Impaired Professional Program may consist of all or part of the following
				components.
1. The program participant is
				required to submit to an assessment relative to the impairment.
a. This assessment will be completed by a
				licensed professional who is pre-approved by the board.
b. The format and content of this assessment
				will meet the requirements designated by the board, but will at a minimum
				contain information concerning:
i. previous
				inpatient/outpatient treatment episodes;
ii. relapse history;
iii. an assessment of the participant's
				psychosocial, physical and other needs relative to the impairment;
				and
iv. recommendations for future
				treatment.
c. The
				assessment will be forwarded to the board or its designee by the professional
				completing the assessment, to be received no later than 30 days following the
				board's determination of the participant's potential eligibility or requirement
				to participate in the program.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Consistent with
				the legislative purpose specified in
				R.S.
				37:2701 through 2724, and to protect the
				safety and welfare of the people of this state against unauthorized,
				unqualified and improper practice of social work, the following rules,
				standards, and procedures are established under the board's rule making
				authority of
				R.S.
				37:2705(C), 37:2717(C)(E)
				and R.S.
				49:952.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-903 - Complaint Origination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board is authorized to receive from any person a complaint or complaints
				against social workers licensed, certified, or registered under R.S. 2701 et
				seq., (hereinafter referred to as "social workers"), as well as complaints
				against any level of social work applicant. Throughout these rules, the term
				"license" or "licensed" includes the term certification and registration and
				also applies to any social workers who are certified or registered. The board
				is also authorized to initiate such complaint(s) when the board otherwise
				possesses or obtains information which satisfies the board that such a
				complaint is warranted.
B. Any
				complaint bearing on a social worker's professional competence, conviction of a
				crime, unauthorized practice, the assisting of unauthorized practice, mental
				competence, neglect of practice, or violation of the Social Work Practice Act
				(including these rules and standards), or for any of the causes specified for
				disciplinary action in
				R.S.
				37:2717 shall be submitted to the board in a
				timely manner and in writing.
C.
				The respondent may be represented by an attorney at law duly admitted to
				practice in this state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-909 - Administrative Complaint Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An original of the administrative complaint shall be signed and approved by the
				assistant attorney general and delivered to the board's administrator prior to
				being filed with the board. The board's administrator shall place the
				administrative complaint on the board agenda for the next scheduled meeting of
				the board. When the board receives the administrative complaint, the board will
				docket the complaint under its designated numbering system and schedule a
				hearing.
B. The administrative
				complaint shall identify the involved social worker and any license,
				provisional license, certificate or registration number. In separately numbered
				paragraphs, the complaint shall concisely state the material facts and the
				matters alleged to be proven, including the facts giving rise to the board's
				jurisdiction over the respondent social worker, the facts constituting legal
				cause for the complaint against the respondent under law (including the
				specification of the Practice Act, the Administrative Procedures Act, the
				board's rules, standards, and procedures, or any other statutory law alleged to
				have been violated by the respondent social worker). The complaint shall
				request an administrative sanction or relief which the assistant attorney
				general seeks in the name of the state of Louisiana. It shall bear the name,
				address and telephone number of the assistant attorney general.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-911 - Notice of Administrative Complaint and Hearing Scheduling

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the
				docketing of the administrative complaint, the board should schedule the
				complaint for a hearing before a hearing panel of the board. This hearing shall
				take place not less than 30 days nor more than 150 days of the docketing of the
				complaint, provided that the time for the hearing may be lengthened as the
				board deems necessary or appropriate, or upon good cause shown by motion of the
				attorney general or respondent.
B.
				If the board finds that public health, safety, or welfare imperatively requires
				emergency action and incorporates a finding to that effect in its order, the
				board may enter an order of summary suspension of the respondent social
				worker's license pending proceedings for revocation or other action in
				accordance with
				R.S.
				49:961(C). In that event,
				the scheduled hearing on the summary suspension shall be noticed and scheduled
				not more than 45 days after the order of such summary suspension. Scheduling
				may extend beyond the 45 day period if requested by the involved social
				worker.
C. The respondent social
				worker will be served written notice of the administrative complaint; the time,
				date, and place of the scheduled hearing; and a copy of the board's rules,
				standards, and procedures by registered, return-receipt-requested mail, as well
				as by regular first class mail. The notice will be sent to the most current
				address for the respondent social worker as reflected in the official records
				of the board. The notice shall include a statement of the legal authority and
				jurisdiction under which the hearing is to be held and shall be accompanied by
				a certified copy of the administrative complaint. If the hearing panel of the
				board has been designated at the time of the notice, the notice shall contain
				the names of the panel members.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-913 - Response to Complaint, Notice of Representation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 15 days of service of the complaint
				(or such longer time as the board may permit, on motion of the respondent
				social worker, hereafter called
respondent
), the respondent
				may answer the complaint, admitting or denying each of the separate allegations
				of fact or law. The respondent may offer any explanation or assert whatever
				defense(s) are applicable. Any matters admitted by respondent shall be deemed
				proven and established for purposes of adjudication. In the event that
				respondent does not file a response to the complaint, all matters asserted in
				the complaint shall be deemed denied.
B. In any adjudication proceeding before the
				board, respondent may be represented by an attorney at law duly admitted to
				practice in this state. Respondent who is represented by legal counsel shall
				personally or through such counsel give written notice to the board of the
				name, address and telephone number of the attorney. Following the board's
				receipt of proper notice of representation, all further notices, complaints,
				subpoenas, orders, or other process related to the proceedings shall be served
				on respondent through his or her designated counsel of record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-915 - Pleadings, Motions; Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				pleading, motions, and other papers permitted or required to be filed with the
				board in a pending adjudication shall be filed by personal delivery at or by
				mail to the board office. Concurrent service by mail or personal delivery shall
				be filed with the assistant attorney general, if filed by or on behalf of the
				respondent, or upon respondent or respondent's counsel of record (if any), if
				filed by the assistant attorney general.
B. All pleadings, motions, discovery, or
				other papers shall be submitted on plain white letter-size (8 1/2" x 11") bond,
				with margins of at least 1" on all sides. The text shall be double-spaced,
				except for quotations and other matter customarily single-spaced. Submitted
				materials shall bear the caption and docket number of the case as it appears on
				the complaint, and shall include a certificate of the attorney or person making
				the filing that service of a copy of the materials has been effected in the
				same manner by regular mail or by personal delivery.
C. The board may refuse to accept for filing
				any pleading, motion or other paper not conforming to the requirements of this
				Section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-917 - Pre-Hearing Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pre-hearing
				motions, including a motion to dismiss, shall be filed not less than 30 days
				following the service of the complaint on the respondent or 15 days prior to
				the hearing, whichever is earlier. Each pre-hearing motion shall be accompanied
				by a memorandum which sets forth a concise statement of the grounds upon which
				the relief sought is based and the legal authority therefor. A motion may be
				accompanied by an affidavit(s) as necessary to present or support factual
				content of the motion. Within 10 days of the filing of any such motion and
				memorandum or such shorter time as the board may order, the party opposing the
				motion (whether the opposing party is the assistant attorney general or the
				respondent or respondent's counsel), may file a memorandum which may be
				supported by affidavit(s) in opposition to or setting forth the opposing
				party's position on the motion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-919 - Motions for Continuance of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A motion for continuance of hearing shall
				be filed within the delay prescribed by
				§917 of these rules, provided that the
				board may accept the filing of a motion for a continuance at any time prior to
				hearing upon a showing of good cause not discoverable within the time otherwise
				provided for the filing of pre-hearing motions.
B. A scheduled hearing may be continued by
				the board only upon a showing by respondent or the assistant attorney general
				that there are substantial legitimate grounds that the hearing should be
				continued. These grounds must balance the respondent's right to a reasonable
				opportunity to prepare and present a defense, with the complaint and the
				board's responsibility to protect the public health, welfare, and safety.
				Except in extraordinary circumstances evidenced by verified motion or
				accompanying affidavit, the board ordinarily will not grant a motion to
				continue a hearing that has been previously continued upon motion of the same
				party. The board may, but is not required to continue a scheduled hearing,
				where both respondent and/or respondent's legal counsel and the assistant
				attorney general jointly request continuance.
C. If an initial motion for continuance is
				not opposed, it may be granted by the board's administrator.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.