Rules & Regulations of the State of Tennessee Title 1365 - Social Worker Certification

Tennessee Rules & Regulations — Title 1365: Social Worker Certification

1. Overview

Title 1365 governs social work licensure in Tennessee. It is administered by the Tennessee Board of Social Worker Licensure. The rules outline:

Who may practice social work.

Requirements for licensure at different levels.

Standards of professional conduct.

Continuing education requirements.

Disciplinary procedures.

The goal is to protect the public and ensure that only qualified social workers provide services.

2. Definitions

Some key terms in the regulations:

Applicant: A person applying for licensure.

Board: Tennessee Board of Social Worker Licensure.

Clinical Private Practice: Offering social work services independently for direct payment.

Supervisor: A licensed social worker who oversees a candidate’s supervised experience.

These definitions are important because they determine who must be licensed and under what supervision.

3. Scope of Practice

Title 1365 defines what each type of social worker may legally do:

License LevelScope
L.B.S.W. (Baccalaureate Social Worker)Generalist social work: case management, community work, non-clinical counseling. Cannot diagnose or treat mental illness. Cannot practice privately for pay.
L.M.S.W. (Master’s Social Worker)Advanced generalist work, can provide counseling under supervision. Cannot independently provide clinical services.
L.A.P.S.W. (Advanced Practice Social Worker)Non-clinical advanced practice such as research, policy, teaching, or supervision.
L.C.S.W. (Clinical Social Worker)Only license type that may diagnose, treat mental health issues, and practice independently in private practice.

4. Licensure Requirements

General Requirements

Complete the required education (bachelor’s, master’s, or advanced degree in social work from an accredited program).

Submit an application and fees.

Pass the ASWB (Association of Social Work Boards) exam at the level applied for.

Background checks and disclosure of any prior criminal or disciplinary history.

Supervised Experience

For L.C.S.W. (clinical licensure), candidates must complete two years of supervised post-degree experience, with documentation of hours and supervision.

Reciprocity

Social workers licensed in other states may apply for Tennessee licensure if they meet Tennessee standards.

5. Use of Titles

Only licensed individuals may use the protected titles: L.B.S.W., L.M.S.W., L.A.P.S.W., or L.C.S.W.

Using a title without licensure is illegal and subject to discipline.

6. Continuing Education

To maintain licensure, social workers must complete continuing education (CE) in each 2-year cycle:

L.B.S.W. and L.M.S.W.: 24 hours of CE, including ethics and Tennessee law.

L.A.P.S.W. and L.C.S.W.: 30 hours of CE, including ethics and Tennessee law.

Training in suicide prevention is required every four years.

This ensures social workers stay up-to-date with professional and legal standards.

7. Standards of Conduct

Licensees must follow ethical and professional standards:

Follow the NASW Code of Ethics, except where it conflicts with Tennessee law.

Avoid dual relationships with clients.

Do not misrepresent qualifications or services.

Practice only within the scope of licensure.

Criminal convictions related to professional conduct can lead to discipline.

Violating these standards can result in sanctions by the Board.

8. Disciplinary Actions

The Board can discipline licensees for:

Ethical violations (e.g., dual relationships, boundary violations).

Practicing beyond authorized scope.

Criminal convictions affecting fitness to practice.

Misrepresentation or fraud.

Possible penalties:

Reprimand

Suspension

License revocation

Fines

9. Case Law Example

Robertson v. Tennessee Board of Social Worker Licensure (2007)

Issue: A licensed clinical social worker (Robertson) engaged in a dual relationship with a client. The Board revoked her license.

Court Holding: The Tennessee Supreme Court upheld the Board’s revocation, emphasizing that maintaining professional boundaries is essential for client protection.

Significance: Courts give deference to the Board regarding interpretation of ethical standards. Ethical violations can result in serious consequences, including license revocation.

10. Key Takeaways

Licensure is mandatory for clinical practice and title use.

Scope of practice is strictly defined at each level.

Education, exams, and supervised experience are required for licensure.

Ethics and conduct are enforceable, and violations can lead to license suspension or revocation.

Continuing education ensures professional competence.

Courts uphold Board authority in disciplinary matters.

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