April 24, 1990
Walter Schaefer, Acting President
SD Board of Social Work Examiners
P.O. Box 1037
Pierre, South Dakota 57501-1037
OFFICIAL OPINION NO. 90-12
Licensing of Psychiatric Social Workers
Dear Mr. Schaefer:
You have requested an opinion from this office regarding the following factual situation:
FACTS:
A licensed certified social worker wrote to me as Acting President of the Board of Social Work Examiners, requesting an interpretation of a statute concerning qualifications of mental health professionals. The question relates to the last paragraph of SDCL 27A-1-3 and subsection 4 of that statute. The licensee wants to know if a qualified mental health professional has to be licensed at the highest level in his or her profession. For social workers, this would be Certified Social Worker-Private Independent Practice. Under SDCL 36-26, the Board licenses four levels of social workers, none of which are titled psychiatric social worker.
Based on the above facts, you have asked the following question:
QUESTION:
Must a qualified mental health professional be licensed, if a social worker, as a Certified Social Worker-Private Independent Practice?
IN RE QUESTION:
SDCL 36-26-1 defines "social work" as the "professional activity for fee of helping individuals, groups or communities enhance or restore their capacity for social functioning and creating societal conditions favorable for this goal. Social work practice consists of the professional specialized and disciplined application of social work skills secured by formalized education or substitute work experience as permitted under SDCL 36-26-15."
Because the Legislature has determined that the profession of social work "profoundly affects" the lives of people, the Board of Social Work Examiners was created and standards were set for the qualification, education, training and experience for those persons seeking to engage in the practice of social work. The Board must also promote high standards of professional performance for those so engaged.
Among the powers granted to the Board of Social Work Examiners for the above-stated purposes is the licensing of social workers in three categories of decreasing level of qualification: certified social worker, social worker, and social work associate. Additional requirements have been established for a social work professional in order to engage in the private, independent practice of social work--the highest level of the profession recognized by the statutes of South Dakota. Essentially the qualifications for this highest level, commonly known as Certified Social Worker--Private Independent Practice are set forth in SDCL 36-26-17 as follows:
No person may engage in the private, independent practice of social work unless he:
(1) Is licensed under this chapter as a certified social worker;
(2) Has had two years of experience under appropriate supervision in the field of specialization in which the applicant will practice (e.g., psychotherapy, community organization, or planning); and
(3) Has passed an examination prepared by the board for this purpose.
SDCL 27A-1-3 sets forth the requirements necessary for a person to be a "qualified mental health professional".
Specifically, subparagraph (4) of that statute provides that the term qualified mental health professional includes:
(4) any psychiatric social worker with a master's degree from an accredited training program and two years supervised clinical experience in a mental health setting.
SDCL 27A-1-3 goes on to provide that:
Each qualified mental health professional shall meet all licensing and certification requirements promulgated by the State of South Dakota for persons engaged in private practice of the same profession in South Dakota.
As you note the term "psychiatric social worker" is not defined or used in SDCL ch. 36-26, the chapter governing the social work profession, nor in the administrative rules and regulations promulgated under it.
You have asked "if a qualified mental health professional has to be licensed at the highest level in their profession," indicating that for social workers, the highest level of [his or her] profession in South Dakota is Certified Social Worker--Private Independent Practice.
As set forth above, SDCL 27A-1-3 requires that in order for an individual to be a qualified mental health professional, he or she must meet all the licensing and certification requirements promulgated by the State of South Dakota for persons engaged in private practice of the same profession in South Dakota.
With respect to the social work profession, in order to engage in the private practice of that profession, an individual must meet all the licensing and certification requirements of SDCL 36-26-17, as follows:
1. He or she must be a licensed certified social worker;
2. He or she must have two years supervised experience in the field of specialization in which he or she will practice; and
3. He or she must pass an examination prepared by the board of social work examiners for the purpose of licensing private, independent practitioners.
Initially, to be licensed as a "certified social worker", SDCL 36-26-14 requires the individual:
1. To have a doctorate or master's degree from a school of social work accredited by the council on social work education; and
2. To pass an examination prepared by the board of social work examiners for the purpose of licensing certified social workers.
Since an individual who has met the requirements of SDCL 36-26-17, i.e., a Certified Social Worker--Private, Independent Practice, has met all the licensing and certification requirements of the State for a person engaged in private practice of the social work profession in South Dakota, such an individual has satisfied that qualification for a mental health professional under SDCL 27A-1-3.
Moreover, because a qualified mental health professional must meet all licensing and certification requirements promulgated by the State to engage in the private practice of their profession, and since only the highest level of the social work profession, i.e., a Certified Social Worker--Private Independent Practice is authorized to engage in the private practice of the social work profession, only a Certified Social Worker--Private Independent Practice could qualify as a mental health professional under SDCL 27A-1-3.
Therefore, with respect to the social work profession, the answer to your question is yes. A qualified mental health professional has to be licensed at the highest level of the social work profession, i.e., Certified Social Worker--Private, Independent Practice.
However, that answer leaves unresolved the preliminary question of whether a Certified Social Worker--Private, Independent Practice (CSW-PIP) qualifies as a "psychiatric social worker" in accordance with SDCL 27A-1-3(4). Because the term "psychiatric social worker" is not defined in the statutes and regulations, it is necessary to compare the qualification requirements for each.
A CSW-PIP must have a doctorate or master's degree from an accredited school of social work. A psychiatric social worker must have a master's degree from an accredited training program. A CSW-PIP must have two years supervised experience in a field of specialization in which she or he will practice (e.g., psychotherapy, community organization, or planning). A psychiatric social worker must have two years supervised clinical experience in a mental health setting.
It would appear that a CSW-PIP would qualify as a "psychiatric social worker" only if:
1. His or her doctorate or master's degree from a school of social work was in a psychiatric social work course of training; and
2. His or her two years supervised experience was in the specialization of psychotherapy and was obtained in a clinical mental health setting.
I reach this conclusion on the basis that SDCL 27A-1-3's specific use of the term "psychiatric" social worker clearly indicates a legislative intention to require specialization in that field for a qualified mental health professional.
Respectfully submitted,
ROGER A. TELLINGHUISEN
ATTORNEY GENERAL
RAT:cs
