Social Work Profession Regulation

Social Work Profession Regulation, M.R. 256/2014 The Social Work Profession Act , C.C.S.M. c. S169 Regulation 256/2014 Registered November 7, 2014 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions PART 2 REGISTRATION 2 Registers and classes of membership 3 Information included in registers 4 Application to register — all applicants 5 Applicants without a social work degree 6 Applicants practising without academic credentials when Act comes into force 7 Applicants who are internationally educated 8 Applicants for temporary registration 9 Student applicants 10 Repealed 11 Changes to be reported 12 Renewal of certificate of practice 13 Cancellation of certificate of practice 14 Certificates are the board's property PART 3 PRACTICE OF SOCIAL WORK 15 Standards of practice 16-19 Continuing competence 20 Practice directives 21 Use of titles 22 Professional liability insurance PART 4 COMING INTO FORCE 23 Coming into force PART 1 DEFINITIONS Definitions 1 The following definitions apply in this regulation. "adult abuse registry check" means an adult abuse registry check under The Adult Abuse Registry Act . (« relevé concernant les mauvais traitements infligés aux adultes ») "Canadian Association for Social Work Education" means the Canadian Association of Schools of Social Work that is referenced in The Social Work Profession Act . (« Association canadienne pour la formation en travail social ») "child abuse registry check" means a child abuse registry check under The Child and Family Services Act . (« relevé concernant les mauvais traitements infligés aux enfants ») "Indigenous peoples" means the First Nations, Inuit and Métis people of Canada. (« peuples autochtones ») "registered social worker" means an individual whose name has been entered on the register of social workers and who has been issued a certificate of registration and a certificate of practice. (« travailleur social autorisé ») M.R. 28/2021 PART 2 REGISTRATION REGISTERS Registers and classes of membership 2 The registrar must maintain the following registers and categories of membership: Register title Category Social Worker Practising Temporary Non-practising Member Non-practising Social Work Student Student Social Work Corporation Corporate permit Information included in registers 3 In addition to the information specified in subsection 9(2) of the Act, a register must also contain the following information for each member: (a) the member's registration date; (b) the name of the educational institution from which the member graduated and the graduation date, if applicable; (c) whether the member holds a certificate of practice; (d) [repealed] M.R. 28/2021 . M.R. 28/2021 APPLICATION TO REGISTER — ALL APPLICANTS Content of application 4(1) An individual who is applying for registration must submit the following to the registrar in a manner acceptable to the registrar: 1. A signed application in the form approved by the board. 2. The fees provided for in the by-laws. 3. Proof of identity and current legal name. 4. Evidence of good standing in each jurisdiction in Canada or elsewhere in which the applicant is or has been authorized to practice social work. 4.1 Any records of membership, certification or registration currently or previously held in relation to the practice of social work or another profession in any other jurisdiction. 5. A criminal record check, child abuse registry check and adult abuse registry check satisfactory to the registrar. 6. Evidence satisfactory to the registrar that the applicant meets the requirements for registration under section 10 or 11 of the Act. 7. Information as to whether the applicant (a) is the subject of a current investigation or proceeding relating to the applicant's suitability to practise social work in Canada or elsewhere; (b) is or has been the subject of a finding of conduct unbecoming or professional misconduct or incompetence related to the practice of social work in Canada or elsewhere; (c) has been denied registration to practise social work in Canada or elsewhere; or (d) has outstanding charges in respect of an offence that is relevant to the person's suitability to practise social work. 8. Any other information requested by the registrar. Additional requirements 4(2) An applicant for registration as a member must also (a) satisfy the registrar that the applicant's past and present conduct affords reasonable grounds to believe that the applicant will engage in professional practice safely, competently and ethically; (b) be legally entitled to work in Canada; and (c) fully disclose in their application any personal or professional conditions that may create a risk to the public. 4(3) [Repealed] M.R. 28/2021 M.R. 28/2021 APPLICANTS WITHOUT SOCIAL WORK DEGREE Applicants without a social work degree 5(1) In addition to the requirements of section 4, an applicant for registration under subclause 10(1)⁠(a)⁠(iii) of the Act must (a) be currently employed in a capacity consistent with the applicant's functioning in the role of a social worker based on the guidelines set out in subsection (3); (b) have been employed in a capacity consistent with the applicant's functioning in the role of a social worker for at least 5,600 hours in the five years prior to submitting a complete application for registration; and (c) provide documentation from their current employer — and if requested by the registrar, any other employer within the last five years — in the form required by the board, in which the employer confirms to the registrar's satisfaction that the applicant (i) functions or functioned in the role of a social worker in performing their duties and responsibilities, and (ii) practises or practised social work safely, competently and ethically. Volunteer experience 5(2) Employment under subsection (1) may be volunteer work and hours of work referred to in clause (1)⁠(b) may be as a volunteer. Guidelines 5(3) In determining whether an applicant referred to in subsection (1) is qualified to be registered, the registrar must consider the following criteria: (a) the extent to which the applicant is able to demonstrate practical experience in the core functions of social work as set out in section 2 of the Act; (b) the extent to which the applicant is able to demonstrate that the length, quality and nature of their practical experience is sufficient for the registrar to determine competency to practise social work, having regard to (i) the applicant's prior practice of social work in Manitoba or elsewhere, and (ii) the applicant's theoretical knowledge of social work as a basis for their practice; (c) the applicant's educational qualifications relevant to social work; (d) the extent to which the applicant has participated in regular training and professional development relevant to social work; (e) the extent to which the applicant is able to demonstrate familiarity with culturally relevant knowledge for practising social work with respect to Indigenous peoples or other cultural groups, which may include knowledge of (i) historical events and trends of social, economic and political change involving ethnic or cultural groups in Manitoba, (ii) cultural and social characteristics of individuals, families and communities, including matters related to cultural identity and helping, (iii) preparations that are necessary for working with individuals, families and groups of a different ethnic or cultural background, and (iv) the unique work carried out by ethnic and cultural organizations within their own communities. Additional activities 5(4) Before determining whether an applicant has sufficient education or training, and work or volunteer experience, to qualify for registration, the registrar may require the applicant to complete additional activities approved by the board, which may be one or more of the following: (a) a paper credentials review; (b) completion of a college training module or modules; (c) oral interviews; (d) peer review; (e) performance review; (f) providing professional references. Documentation 5(5) Before determining whether an applicant is qualified to be registered under this section, the registrar may require the applicant to provide any additional information and documentation in accordance with any directions of the board. Registrar to consult re applications 5(6) If requested by the applicant, the registrar must consult with persons with specialist professional or cultural knowledge to provide advice concerning information provided by the applicant for purposes of this section. M.R. 28/2021 APPLICANTS PRACTISING WITHOUT ACADEMIC CREDENTIALS WHEN ACT COMES INTO FORCE Applicants practising when Act comes into force 6(1) In addition to the requirements of section 4, an applicant for registration under section 11 (existing practitioners without academic credentials) of the Act must (a) apply for registration within three years after the Act comes into force; (b) on the date of the application, be functioning as a social worker in Manitoba as their principal occupation; (c) produce documentation in the form required by the board that they have functioned as a social worker for at least 4,400 hours in the previous five years; and (d) produce documentation from their current employer, in the form required by the board, in which the employer confirms to the registrar's satisfaction that the applicant (i) is currently performing the duties of a social worker, and (ii) practices social work safely, competently and ethically. Volunteer experience 6(2) Employment referred to in subsection (1) may be volunteer work and hours functioning as a social worker referred to in clause (1)⁠(c) may be as a volunteer. Guidelines 6(3) In determining whether an applicant referred to in subsection (1) should be registered, the registrar must consider the length, quality and nature of the applicant's practical experience functioning as a social worker based on the following criteria: (a) the extent to which the applicant has worked to accomplish the core functions of social work as set out in section 2 of the Act; (b) the extent to which the applicant is able to demonstrate that their practical experience is sufficient to allow the registrar to determine the applicant's competency to practice social work; (c) the extent to which the applicant has participated in regular training and professional development relevant to social work. Additional activities 6(4) Before determining whether an applicant referred to in subsection (1) should be registered, the registrar may require the applicant to complete additional activities approved by the board, which may be one or more of the following: (a) a paper credentials review; (b) completion of a college training module or modules; (c) oral interviews; (d) peer review; (e) performance review; (f) providing professional references. Renewal of registration 6(5) For the purpose of clause 11(2)⁠(c) of the Act (other requirements for renewal), the following additional requirements must be met by a member registered under this section who wishes to renew their registration: (a) the member must have completed all requirements of the continuing competence program; (b) the member must have completed any social work training or education program that the registrar has directed; (c) the member must be practising and have practised in accordance with any conditions or limitations placed on their certificate of practice. M.R. 28/2021 APPLICANTS WHO ARE INTERNATIONALLY EDUCATED Applicants who are internationally educated 7(1) In addition to the requirements of section 4, if an applicant for registration has completed an education program that is not accredited by the Canadian Association for Social Work Education or approved by the board, the applicant must apply to the Canadian Association of Social Workers, or a credentials assessment service approved by the board, for an evaluation of the education program the applicant completed. Additional activities 7(2) Before determining whether an applicant under subsection (1) has sufficient education or training, and work or volunteer experience, to qualify for registration, the registrar may require the applicant to complete additional activities approved by the board, which may be one or more of the following: (a) a paper credentials review; (b) completion of a college training module or modules; (c) oral interviews; (d) peer review; (e) performance review; (f) providing professional references. M.R. 28/2021 TEMPORARY REGISTRATION BY PERSONS REGISTERED IN OTHER JURISDICTIONS Temporary registration 8 An applicant for registration as a temporary member must (a) establish that they are registered as a practising social worker in good standing in another jurisdiction in Canada or elsewhere; (b) give the registrar a signed declaration that they will have direct client contact only for one or more of the following purposes: (i) to conduct a training course or presentation related to professional practice, (ii) to conduct or engage in a research program related to professional practice, (iii) to engage in professional practice for any other purpose approved by the board; and (c) meet the requirements of items 1, 2 and 3 of subsection 4(1). M.R. 28/2021 REGISTRATION BY SOCIAL WORK STUDENTS Registration by social work students 9(1) An applicant for registration as a student must (a) be currently enrolled in a social work program approved by the Canadian Association for Social Work Education or the board; (b) apply in a form acceptable to the board; (c) pay the fees provided for in the by-laws; and (d) meet any criteria specified by the board. When student entitled to full registration 9(2) A person registered on the student register is entitled to become a registered social worker if they apply in a form approved by the board and satisfy the requirements of section 4. M.R. 28/2021 GENERAL REQUIREMENTS FOR REGISTRATION 10 [Repealed] M.R. 28/2021 Changes to be reported 11 If there is a change in the information that a member has provided under sections 4 to 9 or section 12, the member must submit the new information to the registrar as soon as possible. M.R. 28/2021 RENEWAL OF CERTIFICATE OF PRACTICE Renewal of certificate of practice 12(1) Each member must annually renew their certificate of practice at such time as is required by the board. Requirements for renewal 12(2) A member is entitled to have their certificate of practice renewed if the member (a) applies for renewal in the form and at the time required by the college; (b) provides a criminal record check, child abuse registry check and adult abuse registry check satisfactory to the registrar, at the end of each five-year period during which the member holds a certificate of practice; (c) provides information as to whether the member has outstanding charges in respect of an offence that is relevant to their suitability to practise social work; (d) satisfies the registrar (i) that their past and present conduct affords reasonable grounds for the belief that the member will engage in professional practice safely, competently and ethically, and (ii) that the member has fulfilled the requirements of the continuing competence program established by this regulation; (e) pays the fee provided for in the by-laws; and (f) provides any other information the registrar may request. M.R. 28/2021 Cancellation for non-compliance with renewal requirements 13(1) If a member fails to meet the requirements to renew their certificate of practice, the registrar must, before cancelling the certificate, notify the member of the failure in accordance with the by-laws. Reinstatement where cancelled for non-payment of fees 13(2) If a member's certificate of practice has been cancelled for non-payment of fees, the member is entitled to have it reinstated if they pay the fees provided for in the by-laws and satisfy any other requirements of the by-laws. Notice 13(3) If a member's certificate of practice is cancelled, the registrar must notify both the member and the member's employer in accordance with the by-laws. M.R. 28/2021 Certificate of registration is the board's property 14 A certificate of registration, certificate of practice or corporate permit is the property of the board and must be surrendered to the board if suspended or cancelled. When a certificate or permit is cancelled, the registrar must remove the name of the affected member or corporation from the register. PART 3 PRACTICE OF SOCIAL WORK STANDARDS OF PRACTICE Standards of practice 15(1) In addition to the standards described in subsections (2) to (4), the standards of practice for members are those established and published by the college. Each member must comply with the standards of practice. Diversity 15(2) In providing professional services, a member must recognize and affirm the diversity of people receiving the professional services and the diversity of the community in which the member is practising. Confidentiality of information 15(3) A member must ensure that the confidential nature of the professional relationship with a client, and the information obtained as a result of the relationship, is safeguarded. A member must inform clients early in the professional relationship of the limits of client confidentiality. Compliance with statutes 15(4) In providing professional services, a member must comply with the requirements of The Child and Family Services Act , The Child and Family Services Authorities Act , The Freedom of Information and Protection of Privacy Act , The Personal Health Information Act and any other applicable legislation. CONTINUING COMPETENCE Continuing competence committee 16(1) The board must establish a continuing competence committee in accordance with the by-laws. Role of committee 16(2) In accordance with policies established by the board, the continuing competence committee must (a) administer the continuing competence program, including determining continuing competency requirements for members; (b) identify measures that promote continuing competence and quality improvement in the provision of social work services; and (c) perform any other activities related to continuing competence as requested by the board. Elements of the program 16(3) The board may establish the number of hours of continuing competence activities that a member must complete in a specified time period, and may determine how many of those hours must be formal activities under subsection 17(2) and how many may be informal activities under subsection 17(3). Program does not apply to non-practising, temporary or student members 16(4) The continuing competence program does not apply to non-practising members, temporary members or to individuals registered on the student register. M.R. 28/2021 Continuing competence activities 17(1) A member's continuing competence activities must include the following: (a) formal or informal activities specific to performing the member's type of practice; (b) formal or informal activities related to cultural diversity and the pluralistic nature of Manitoba; (c) formal activities related to (i) the history, culture and spirituality of Indigenous peoples, (ii) Canada's relationship with Indigenous peoples, and (iii) reconciliation, mutually respectful relationships and cultural safety; (d) formal or informal activities related to social and economic justice issues, including systemic barriers and causes of social needs and problems; (e) formal or informal activities related to working with individuals, communities and groups; (f) formal activities related to the college's standards of practice and code of ethics. Formal activities 17(2) For purposes of the program, a registered member may undertake the following formal activities: (a) participating in certificate programs related to social work practice; (b) attending conferences, seminars, conventions, workshops and lectures related to professional practice; (c) participating as a student or lecturer of university or college courses related to professional practice; (d) delivering a presentation as part of a university or college course, conference or seminar; (e) attending workplace in-service training; (f) researching issues relating to the practice of social work and publishing research results; (g) volunteering with community social service organizations in a direct service capacity; (h) volunteering as a board or committee member for a community agency or attend meetings of a board or a committee; (i) attending cross-cultural training; (j) participating as a member of a committee or chapter of the college; (k) attending the annual general meeting of the college; (l) participating in other formal activities that are approved by the committee and the board; (m) participating in traditional sharing circles, teachings or ceremonies. Informal activities 17(3) For purposes of the program, a registered member may undertake the following informal activities: (a) reading journals, books or Internet material that is relevant to the field of social work; (b) viewing videos and webcasts that are relevant to the profession; (c) attending community presentations and learning sessions; (d) participating in organized group discussions; (e) preparing a learning plan; (f) participating in other informal activities that are approved by the committee and the board. 17(4) [Repealed] M.R. 28/2021 M.R. 28/2021 Three-year learning plan 18(1) Every three years, a member required to complete the continuing competence program must complete and submit a learning plan to the college, in a form satisfactory to the college and as required by the board, that (a) includes a self-assessment; (b) identifies goals for knowledge and skills development; and (c) describes learning activities to achieve the identified goals. Annual requirement 18(2) Every year, a member must complete and submit the following, in a form that is satisfactory to the committee: (a) a signed statement noting compliance with the program; (b) a list of continuing competence activities undertaken during the previous year. Records to be maintained 18(3) A member must retain all records relating to continuing competence activities for not less than five years. M.R. 28/2021 Practice audit 19 For the purpose of the continuing competency program, the committee may recommend to the board that a member be required to undergo a practice audit under section 63 of the Act if (a) the member fails to complete the required number of hours of continuing competency activities; (b) the member fails to submit a learning plan under subsection 18(1); or (c) the member fails to retain records as required by subsection 18(3). PRACTICE DIRECTIVES Practice directives 20 The board may issue practice directives respecting the practice of social work, and each member must comply with those directives. USE OF TITLES Use of title by member 21(1) In order to ensure clarity regarding academic qualifications and position title, a member must include the following in their professional signature: (a) the abbreviation of the member's highest post-secondary academic credential; (b) their professional designation; (c) their position title. Use of "doctor" 21(2) A social worker who holds a doctoral degree and who chooses to use the title "doctor" may do so, but must (a) ensure that when using the title, the person indicates that the credential is in the profession of social work so as not to mislead the public, colleagues or others; and (b) if practising in a health care setting or another location in proximity to physicians, ensure that using the title in that setting does not mislead the public, colleagues, or otherwise misrepresent that the designation is that of a Doctor of Medicine. M.R. 28/2021 PROFESSIONAL LIABILITY INSURANCE Professional liability insurance 22 A member who holds a certificate of practice must (a) be covered by professional liability insurance in an amount required by the college; and (b) promptly notify the registrar if they are no longer covered by the required professional liability insurance. M.R. 28/2021 PART 4 COMING INTO FORCE Coming into force 23(1) Subject to subsection (2), this regulation comes into force on the same day that The Social Work Profession Act , S.M. 2009, c. 31, comes into force. Coming into force: sections 16 to 19 23(2) Sections 16 to 19 (continuing competence requirements) come into force one year after the day The Social Work Profession Act comes into force.