Proposed Legislative Rule Revisions
The WV Board of Social Work has proposed revisions to Legislative Rules 25CSR1, Qualifications for the Profession of Social Work. This rule change is necessary to comply with HB 118 passed in the Special Session on June 17, 2019. The legislation requires Chapter 30 Boards to develop rules to address consideration of prior criminal convictions in initial licensure determinations.
To comply with this requirement, the Board has added a new section 25-1-4 Consideration of Prior Criminal Convictions in Initial Licensure Determination.
Section 4.1 specifies how consideration for a license will be based. Disqualification for licensure may only be considered if the criminal conviction presents a rational nexus to practice. The rule defines factors to consider such as the nature/seriousness of the crime, passage of time, evidence of rehabilitation or treatment and the relationship of the crime to the ability to practice social work.
If an individual has been previously denied licensure, a process for application is defined in section 4.2.
Section 4.3 defines a process for applicants to use in determining eligibility for licensure within the context of the individual's criminal record.
The legislation and rule codifies much of what has already been in practice at the Board of Social Work.
A summary of the changes and the rules are available on the Secretary of State's web page at http://apps.sos.wv.gov/adlaw/csr/ruleview.aspx?document=17143
2) The WV Board of Social Work has proposed revisions to Legislative Rules: 25CSR3,Fee Schedule. No fee increases are proposed but the revision is necessary to comply with SB 396 which passed the Legislature on March 8, 2019. The legislation requires all Chapter 30 Boards to provide an application process for a waiver of initial licensure fees for "low income individuals" and "military families" as defined in SB 396. The Board has chosen to enact this waiver process within the existing fee schedule.
Rule changes include a definition for "initial licensure fee', "local labor market", "low income individual" and "military families" in addition to specifying there will be an application for individuals to utilize when requesting a waiver. A decision on the waiver will be forthcoming within 30 days of receipt of a complete application..
Additionally, the Board included a definition for 'active duty" and added a section (4.3) to better clarify the intent of previously enacted exemptions for inactive and reactivation fees when deployed, and added a new exemption of renewal fees for individuals in this category.
The addition of 3.2.10 is not a new fee, but it was noted that the fee for written license verification was not outlined clearly in the fee schedule. The Board's web site provides free primary source verification but when written verification is requested, the fee has been $25.
The public comment period has ended. A summary of the changes and the rules are available on the Secretary of State's web page at http://apps.sos.wv.gov/adlaw/csr/ruleview.aspx?document=17020