DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE BILL NO. 314

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF SOCIAL WORK EXAMINERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3902, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3902. Definitions.

As used in this chapter:

(20) “Master’s social work” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. “Master’s social work” is the application of generalist practice, specialized knowledge, and advanced practice skills, and includes supervision. skills.

Section 2. Amend § 3907, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3907. Qualifications of applicants; licensure tiers; report to Attorney General; judicial review.

(b) Licensed clinical social worker. —

An applicant who is applying for licensure as a licensed clinical social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements:

(4) Has Subject to § 3907C of this title, has completed 2 years of supervised experience that the Board has approved, under the supervision of a licensed clinical social worker, after receiving a master’s or doctoral degree described in paragraph (b)(2) of this section. If an applicant demonstrates to the Board’s satisfaction and in compliance with the Board’s rules and regulations that a licensed clinical social worker was not available for supervision, the applicant may complete 2 years of supervised experience supervised by a master’s social worker, licensed psychologist, licensed psychologist or licensed psychiatrist, if the supervision meets all other requirements established in the Board’s rules and regulations.

Section 3. Amend Chapter 39, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3907C. Supervision requirements for licensed clinical social worker; grandfathering.

(a) An applicant or licensed clinical social worker who has started or completed supervision by a master’s social worker on or before [the enactment date of this Act] will satisfy the supervision requirement under § 3907(b)(4) of this title if the applicant or licensed clinical social worker is otherwise in compliance with § 3907(b)(4) of this title.

(b) Notwithstanding the removal of a master’s social worker’s supervision authority under § 3907(b)(4) of this title, a master’s social worker who is supervising an applicant as of [the enactment date of this Act] may continue to supervise the applicant until that applicant completes the 2-year supervised experience requirement.

SYNOPSIS

This Act removes “supervision” from the scope of practice of a master’s social worker. This Act also prohibits a master’s social worker from providing supervision to a licensed clinical social worker applicant. The Board of Social Work Examiners (Board) determined that a master’s social worker lacks the education and experience needed to provide clinical supervision. Under this Act, an applicant for licensure as a licensed clinical social worker may still obtain supervision from a licensed psychologist or licensed psychiatrist where a licensed clinical social worker is not available, under the Board’s rules and regulations.

This Act also adds a grandfathering provision so that an applicant or licensed clinical social worker who started or completed supervision with a master’s social worker on or before the enactment date of this Act satisfies the supervision requirement under § 3907(b)(4) of this title as long as the applicant or licensed clinical social worker is otherwise in compliance with § 3907(b)(4) of this title.

The grandfathering provision also allows a master’s social worker who is supervising an applicant as of the enactment date of this Act to continue supervision under the applicant completes the 2-year supervised experience requirement.

Author: Senator Pinkney