Response: The board disagrees that the new language unnecessarily expands or limits the practice of social work but rather acknowledges various forms of practice that currently exist and in which licensees engage. The board disagrees that adding "social work education" makes any significant change to regulations because "teaching" has been in the definition for many years, many textbooks recognize social work education as a method of social work intervention, and this addition does not require any individual to become licensed who would not have already been required to be licensed. Persons who engage in the practice(s) described in this definition are only required to be licensed if they are subject to the title protection provisions of Occupations Code, Chapter 505. No change was made as a result of the comment.

Comment: Concerning §781.102(57), the definition of "Supervision," one commenter supports the proposed language and one commenter offers modified language.

Response: The board disagrees that modification is required. No change was made as a result of the comment.

Comment: Concerning §781.201(a)(1), two commenters recommended adding additional groups in the non-discrimination language, by including the language "gender identity and expression" and "immigration status." One commenter opposes inclusion of "immigration status" and while the commenter supports the inclusion of "gender identity and expression," the commenter recommends the board make decisions in consideration of the political climate.

Response: The board disagrees that adding these two new phrases to the non-discrimination language is required because the existing language includes gender and nationality, which can be broadly interpreted, and because inclusion of these phrases may not be legally enforceable. No change was made as a result of these comments.

Comment: Concerning §781.201(a)(2), one commenter suggested replacing the word "which" to "that."

Response: The board disagrees with this suggestion. No change was made as a result of the comment.

Comment: Concerning §781.201(a)(2), one commenter opposed the limitation of the board using a singular American accrediting body and recommended modified language, and one commenter supported the proposed language.

Response: The board affirms its recognition of the Council on Higher Education (CHEA), as consistent with other state statutes and regulations, for use in imposing limitations on what degrees a licensee may advertise so as not to mislead the public. No change was made as a result of the comment.

Comment: Concerning §781.201(a)(10), two commenters supported modified language to include "medical condition" instead of "physical or mental health issues."

Response: The board agreed in part and deleted "physical or mental health issues" and added in its place, "physical health, mental health, medical condition..."

Comment: Concerning §781.202(c), one commenter suggested the addition of the phrase, "under a board-approved supervision plan."

Response: The board agrees and added this language.

Comment: Concerning §781.202(f), two commenters offered modified language, one commenter supported the proposed language, and one commenter disagreed with a portion of the subsection related to "assessment, treatment, and diagnosis" that does not represent a change from previous rules.

Response: The board agreed in part and added the word "may" to the language of the rule.

Comment: Concerning §781.202(g), one commenter requested clarification related to whether an individual using the National Association of Social Workers' credential, ACSW, would be in violation of the rule. The commenter proposed modified language.

Response: The board agreed in part and incorporated the substance of the modification into what it believes is a more appropriate subsection. The board clarified that the public protection issue relates to using a statement or credential that is considered deceptive, inaccurate, incomplete, or out of context; that would intentionally mislead the public; or that implies that the person holds a license in social work. The board included the language, "that is deliberately intended to" (mislead the public) in §781.216(d). With regard to other representations, the board makes determinations of violations of title protection on a case-by-case basis, considering the totality of facts and circumstances.

Comment: Concerning §781.203(2), one commenter recommended modified language.

Response: The board disagrees that modification is required. No change was made as a result of the comment.

Comment: Concerning §781.203(4), one commenter offered modified language, and one commenter requested clarification.

Response: The board agrees and changed "may" to "shall."

Comment: Concerning §781.203(7), one commenter offered modified language.

Response: The board agrees and replaced "provider's" with "licensee's."

Comment: Concerning §781.203(8), one commenter offered modified language.

Response: The board disagrees that modification is required. No change was made as a result of the comment.

Comment: Concerning §781.204, one commenter suggested reorganization of the subsection.

Response: The board disagrees. No change was made as a result of the comment.

Comment: Concerning §781.204(a), one commenter supports the proposed language.

Response: The board agrees.

Comment: Concerning §781.204(b), one commenter recommended modified language, and one commenter supported the proposed language.

Response: The board agreed in part and added, "Payment of credentialing or other fees to insurance companies or other third party payers to be part of an approved provider list shall not be considered as a violation of this chapter."

Comment: Concerning §781.204(f), three commenters recommended increasing the minimum number of years for record retention in board rules to seven or according to other state and federal laws.

Response: The board disagrees that the board needs to change its minimum requirements because other, more restrictive requirements exist elsewhere. The licensee is responsible to follow all laws and rules governing practice. The board's minimum requirement does not prevent any licensee from retaining records for a longer period of time, in compliance with other laws and rules. No change was made as a result of the comment.

Comment: Concerning §781.204(l), one commenter recommended adding "services or intervention."

Response: The board agreed and added the language.

Comment: Concerning §781.204(m), one commenter requested clarification for the deletion of "follow agency policy."

Response: The board believes that the change to "comply with the employer's policy" relating to gifts in excess of $25 is not substantially different but provides clarity. No change was made as a result of the comment.

Comment: Concerning §781.204(q), three commenters recommended modified language.

Response: The board disagrees that modification is required. No change was made as a result of the comment.

Comment: Concerning §781.206, one commenter suggested deletion of this rule as repetitive.

Response: The board disagrees. No change was made as a result of the comment.

Comment: Concerning §781.206(a), one commenter asked for clarification about how National Association of Social Worker (NASW) credentials fit in to representing professional qualifications or associations.

Response: The board does not believe that use of NASW credentials misrepresents qualifications. The public protection issue relates to using a statement or credential that is considered deceptive, inaccurate, incomplete, or out of context; that would intentionally mislead the public; or that implies that the person holds a license in social work. The board included the language, "that is deliberately intended to" (mislead the public) in §781.216(d). With regard to other representations, the board makes determinations of violations of title protection on a case-by-case basis, considering the totality of facts and circumstances.

Comment: Concerning §781.209(4), three commenters recommended increasing the minimum number of years for record retention in board rules to seven or according to other state and federal laws. One commenter recommended consistency in language with previous sections of the board's rules, which would represent no change to proposed language.

Response: The board disagrees that the board needs to change its minimum requirements because other, more restrictive requirements exist elsewhere. The licensee is responsible to follow all laws and rules governing practice. The board's minimum requirement does not prevent any licensee from retaining records for a longer period of time, in compliance with other laws and rules. No change was made as a result of the comment.

Comment: Concerning §781.209(6), one commenter recommended additional language.

Response: The board disagrees that additional language is necessary. No change was made as a result of the comment.

Comment: Concerning §781.210(a), one commenter recommended adding language related to credentialing fees, and one commenter supported proposed language.

Response: The board agrees and added "Payment of credentialing or other fees to insurance companies or other third party payers to be part of an approved provider list shall not be considered as a violation of this chapter."

Comment: Concerning §781.210(c), one commenter offered modified language.

Response: The board disagrees that modification is required. No change was made as a result of the comment.

Comment: Concerning §781.210(d), two commenters requested clarification about the meaning of "any collateral service."

Response: The board disagreed that clarification in the language of the rule is required. No change was made as a result of the comment.

Comment: Concerning §781.210(e), one commenter offered modified language.

Response: The board agrees in part and revised the rule by moving the phrase "with the exception of a missed appointment" to the middle of the subsection.

Comment: Concerning §781.211(a), two commenters recommended deletion of "court room."

Response: The board agrees and deleted the phrase.

Comment: Concerning §781.211(c), one commenter recommended additional language.

Response: The board disagrees that additional language is required. No change was made as a result of the comment.

Comment: Concerning §781.211(e), one commenter offered modified language.

Response: The board agrees in part and changed the language from "six" months to "twelve" months.

Comment: Concerning §781.211(g), one commenter recommended deletion of subsection (g) as redundant.

Response: The board agrees and deleted subsection (g) and renumbered subsection (h) as new (g).

Comment: Concerning §781.215, one commenter requested clarification about where to display license if one has a home office and works as a contractor in multiple locations over which there is not control over office space to accommodate displaying of a license.

Response: The board clarifies that if one is an independent contractor who operates in multiple locations and does not have control over office space to accommodate displaying a license, one is not in violation of law or rule related to practice at locations in which the independent contractor cannot display a license for failure to display the license. No change was made as a result of the comment.

Comment: Concerning §781.216(d), one commenter asked for clarification related to individuals who hold membership in professional organizations but who are not members of the specific profession that the organization represents, and also asked for modified language related to deliberate intention to mislead the public.

Response: The board disagrees that clarification regarding membership in professional associations by individuals who are not members of that profession is required in rule, and agrees but has revised the subsection with reference to certification in a field outside of social work that is deliberately intended to mislead public

Comment: Concerning §781.305(a), one commenter recommended modified language.

Response: The board disagrees. No change was made as a result of the comment.

Comment: Concerning §781.312(a), two commenters recommended adding additional groups in the non-discrimination language, by including the language "gender identity and expression" and "immigration status. One commenter opposes inclusion of "immigration status" and while supports the inclusion of "gender identity and expression" recommends the board make decisions in consideration of the political climate.

Response: The board disagrees that adding these two new phrases to the non-discrimination language is required because the existing language includes gender and nationality, which can be broadly interpreted, and because inclusion of these phrases may not be legally enforceable. No change was made as a result of the comment.

Comment: Concerning §781.315, one commenter recommended modified language.

Response: The board agrees in part and deleted, "The roster will include, at a minimum, current licensees' names and addresses."

Comment: Concerning §781.401(a)(1)(A), three commenters support the requirement that individuals with PhDs must have had a field placement in a CSWE-accredited social work program to qualify for LCSW licensure, and one opposed.

Response: The board agrees. No change was made as a result of the comment.

Comment: Concerning §781.401(a)(2)(A), regarding the requirement that individuals with PhDs must have had a field placement in a CSWE-accredited social work program to qualify for LMSW licensure, one commenter opposed, and one commenter made no specific recommendation.

Response: The board disagrees. No change was made as a result of the comment.

Comment: Concerning §781.401(b)(1)(E), one commenter opposed the phase-out of acceptance of new applications for the Advanced Practitioner specialty recognition and recommended instead that it be made into its own licensure category.

Response: The board disagrees. No change was made as a result of the comment.

Comment: Concerning §781.401(c), related to a proposed requirement for faculty licensure for those who are eligible for licensure by 2014, there were thirty-three commenters, of which twenty opposed this requirement, twelve supported, and one did not have an official position but expressed concerns about the board's process related to stakeholder involvement and the board's jurisdiction.

Response: The board withdrew this subsection and renumbered the remaining subsection.

Comment: Concerning §781.402(b) - (e), one commenter suggested reorganization of each subsection and modified language.

Response: The board disagrees and did not incorporate the suggested modifications.

Comment: Concerning §781.402(b)(5), one commenter suggested modified language, changing "moving" to "re-categorizing."

Response: The board agrees and adopted the modified language in the paragraph.

Comment: Concerning §781.402(e), one commenter suggested moving this section to a more appropriate location for the content at §781.806.

Response: The board agrees in part and repeated the language of §781.402(e) in §781.806(1)(L) for clarity.

Comment: Concerning §781.402(f), one commenter suggested moving this section to a more appropriate location for the content at §781.413.

Response: The board disagrees because the language would be redundant in §781.413. No change was made as a result of the comment.

Comment: Concerning §781.403(a), (c), §781.404(a), and (b)(1), commenters suggested to modify the rule language.

Response: The board disagrees. No change was made as a result of the comments.

Comment: Concerning §781.404(b)(2), one commenter suggested to modify the rule language.

Response: The board agrees in part and deleted the phrase "who shall currently be practicing social work and identify him or herself as a social worker, shall take professional responsibility" and inserted "is responsible."

Comment: Concerning §781.404(b)(3), there were three commenters. One commenter disagrees with the board's language related to the requirement that licensees must take a course that is approved by the board in order to become a board approved supervisor. The recommendation for modification was to substitute language that the licensee "must have demonstrated competency in supervision acceptable to the board" and to allow alternative minimum requirements. Another commenter did not suggest a change in the language of the rule but rather in strategies for implementing the rule. Another commenter supported the proposed language.

Response: The board disagrees with the modifications. No change was made as a result of the comment.

Comment: Concerning §781.404(b)(7)(A), one commenter disagrees with the rule that allows LCSWs to provide non-clinical supervision without specific training in non-clinical supervision.

Response: The board disagrees. No change was made as a result of the comment.

Comment: Concerning §781.404(b)(4), one commenter suggested modified language.

Response: The board disagrees. No change was made as a result of the comment.

Comment: Concerning §781.404(b)(11)(G), one commenter requested clarification about the meaning of "document all work experience during the supervisory period."

Response: The board agrees and deleted "The board requires that the supervisee document all work experience."

Comment: Concerning §781.404(b)(11)(P), one commenter suggested modified language. Another commenter opposed this requirement and suggested that this may represent an inappropriate restraint of trade.

Response: The board agrees with the suggestion for modification and deleted "professional development or board-ordered" and "regularly to address the supervisees changing developmental needs and to incorporate varied teaching and supervision methods," and inserted "whenever there is a change in agency of employment, job function, goals for supervision, or method by which supervision is provided." The board disagrees that this requirement represents an inappropriate restraint of trade, and indicated that supervisor status is voluntary, and costs to board-approved supervisors are an ordinary cost of doing business, and costs may be recouped by the licensee in charging fees for supervision services.

Comment: Concerning §781.404(b)(11)(Q), two commenters support the proposed language, and two commenters oppose the proposed language related to the requirement that all board-approved supervisors shall have taken a board-approved supervisor training course by January 1, 2014 in order to renew supervisor status.

Response: The board disagreed with the suggested modification or removal of the rule. No change was made as a result of the comment.