LAC 46:XXV.301. Definitions

A. For purposes of this Part, the following terms shall have the following meanings: Adjudicative Hearing—a hearing whereby the merits of an administrative complaint are tried before a quorum of the Board for final disposition. Administrative Complaint—the formal charging document prepared by the Prosecuting Officer and filed with the Board as the basis for a disciplinary adjudication. Administrator—the Board Administrator or their successor, provided that the Administrator may delegate any of their duties under this Chapter to their subordinate employees unless strictly prohibited. Applicant—any person who has submitted an application to the Board for any credential recognized by the Practice Act. Board Approved Supervision Workshop―this workshop shall be pre-approved by the board. At least 6 1/2 clock hours required for workshop to be acceptable and shall deal with supervision models, the theory and techniques of supervision, record keeping, ethics and multicultural issues. Chairperson or Chair—the chair of the board. Client—any person or group of persons who seek or receive social work services, including all persons or groups of persons to whom a social worker owes a professional duty of care and ethical practice. The term client is intended to have the broadest possible meaning and may include individuals, couples, families, groups, organizations, communities, and systems. Clinical Social Work Practice―the practice of clinical social work requires the application of specialized clinical knowledge and advanced clinical skills in the areas of prevention, assessment, diagnosis and treatment of mental, emotional, and behavioral and addiction disorders. Treatment methods include the provision of individual, marital, couple, family, and group psychotherapy. The practice of clinical social work may include, but is not limited to, private practice, employee assistance and addiction services. Complainant—the person submitting a complaint to the Board. Compliance Hearing—a hearing conducted before a limited panel that provides a forum for an applicant denied a credential or a licensee denied renewal of a credential to present documentary evidence and sworn testimony to establish that the applicant or licensee meets the legal requirements for the credential or renewal thereof. Consent Discipline—any final order of disciplinary sanctions agreed upon by the prosecuting officer and the respondent, whereby the respondent admits to some or all of the conduct alleged against them and accepts disciplinary sanctions in lieu of an adjudicative hearing Continuing Education―education and training, which are oriented to maintain, improve or enhance social work practice. Continuing Education Contact Hour―a 60-minute clock hour of instruction, not including breaks or meals. Conviction―conviction of a crime by a court of competent jurisdiction and shall include a finding or verdict of guilt, whether or not the adjudication of guilt is withheld or not entered on admission of guilt, a no contest plea, a plea of nolo contendere, and a guilty plea. Counseling―a method used by social workers to assist individuals, couples, families, and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns. Credential―can be the registration (RSW), certification (CSW) or license (LMSW) and (LCSW) regulated by the Louisiana Social Work Practice Act. Detrimental to the Client―an act or omission of a professional responsibility that is damaging to the physical, mental, social or financial status of the client. Electronic Social Work Practiceuse of computers (including the internet, social media, on line chat, text, and email) and other electronic means (such as smart phones, landline telephones and video technology) to: 1. provide information to the public; 2. deliver social work services to clients; 3. communicate with clients; 4. manage confidential information and case records; 5. store and access information about clients; and 6. arrange payment for professional services. En Banc Panel—a panel composed of the entire Board. Examination―a standardized test or examination of social work knowledge, skills, and abilities, which has been approved by the board. Exploitation―an unequal power balance is inherent in the client/social worker relationship. This power imbalance is weighted toward the social worker. To use this power imbalance for the good of the social worker at the expense of the client is exploitation. Exploitation may take financial, business, emotional, sexual, verbal, religious and/or relational forms. Felony―criminal conduct punishable by imprisonment at hard labor or as otherwise defined as a felony by this state or any other state or by federal law. General Counsel—the attorney licensed to practice law in Louisiana independently retained by the Board for the purpose of advising and representing the Board in legal matters. Good Moral Character―the aggregate of qualities evidenced by past conduct, social relations, or life habits, which actually provide persons acquainted with the applicant a basis to form a common favorable opinion regarding the social worker's ethics and responsibility to duty. Gross Negligence―in the practice of social work, means conduct by either act or omission involving a legal or professional duty about which the social worker displays conscious indifference and where the consequences of such conduct could adversely affect the rights or welfare of those persons to whom the social worker owes the duty. Hearing Panel—the five- or three-person panel of board members appointed to render a decision at an adjudicative hearing or compliance hearing, as the case may be. Limited Panel—a three-person hearing panel. Standard Panel—a five-person hearing panel. Independent Practice―practice of social work outside of an organized setting, such as a social, medical, or governmental agency, after completion of all applicable supervision requirements, in which the social worker assumes responsibility and accountability for services provided. LCSWs also engage in independent practice within an agency setting. In-Person—interactions in which the social worker and the client are in the same physical space and does not include interactions that may occur through the use of technology. Interlocutory—any decision on a matter that does not resolve the merits of a complaint, such as rulings on the admissibility of evidence. Licensee—any person holding any credential authorized by the Practice Act. Person—a natural or juridical person, including human beings, business entities, governmental agencies, or any other organization deemed a person by Louisiana Civil Code article 24. Practice Act—the Social Work Practice Act, La. R.S. 37:2701 et seq. Private Practice―an activity characterized by contracting directly and receiving direct payment from clients or agencies to provide clinical services, educational services, consultation, research or supervision, as an autonomous practitioner solely responsible for the welfare of the client and for the services rendered. Prosecuting Officer—the licensed attorney or authority appointed by the Board or the Practice Act to prosecute complaints. Provisional Dismissal—an order of dismissal that requires Board action before the dismissal can become final. Psychotherapy―the use of treatment methods utilizing a specialized, formal interaction between a social worker and an individual, couple, family, or group in which a therapeutic relationship is established, maintained and sustained to understand unconscious processes, intra- personal, interpersonal and psychosocial dynamics. Psychotherapy requires the application of diagnosis and treatment to mental, emotional, and behavioral disorders, conditions and addictions. Remote—provision of social work services where the social worker is not physically located at the site where the services are received. The distance between the social worker and the recipient of services is not a consideration. Respondent—the applicant or licensee made the subject of a complaint filed with the board. Sexual Harassment—sexual advances, sexual solicitation, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Social Work Educator—an individual employed by or under contract or volunteering professional services with an educational institution’s Social Work program for the purpose of educating social work students and who holds a registration, certification, or license in the field of social work. Social Work Employee―such status requires that the social worker provide direct or indirect social work services, receive remuneration from an employer for these services, and that the social worker's employer deduct federal withholding tax, FICA or other retirement benefits from the salary or wages. Social Work Services—those actions or undertakings rendered to a client that constitute “social work practice” as that term is defined by R.S. 37:2703. Supervisee―any person under the supervision of a credentialed social worker. The supervisee may be an applicant for social work credentials, an employee under the supervision of the LCSW, LMSW, CSW or RSW, or a person who contracts with the licensed clinical social worker for supervision. Supervision within an Agency―the professional relationship between a supervisor and a social worker that provides evaluation and direction over the services provided by the social worker and promotes continued development of the social worker's knowledge, skills, and abilities to provide social work services in an ethical and competent manner. Supportive Counseling―the methods used by social workers to help individuals create and maintain adaptive patterns. Such methods may include building community resources and networks, linking clients with services and resources, educating clients and informing the public, helping clients identify and build strengths, leading client and community groups, and providing reassurance and support. B. If a term is defined differently in another Chapter of this Part, that definition shall apply only for the purposes of the Chapter in which it appears. Otherwise, the definitions contained in this Section shall apply generally to this Part.