NLR 21/18 - Social Workers Regulations under the Social Workers Act

NEWFOUNDLAND AND LABRADOR REGULATION 21/18 Social Workers Regulations under the Social Workers Act Amended by: 35/20 2020 c14 NEWFOUNDLAND AND LABRADOR REGULATION 21/18 Social Workers Regulations under the Social Workers Act (Filed March 14, 2018) Under the authority of section 42 of the Social Workers Act , the Newfoundland and Labrador Association of Social Workers, with the approval of the Minister of Health and Community Services, makes the following regulations. Dated at St. John’s , March 12, 2018. Glenda Webber President of the Newfoundland and Labrador Association of Social Workers Dr. John Haggie Minister of Health and Community Services REGULATIONS Analysis 1. Short title 2. Registration requirements 3. Temporary registration requirements 4. Proof 5. Renewal of registration 6. Renewal of temporary registration 7. Continuing education 8. Re-entry 9. Filing of allegation 10. Appointment of adjudication tribunal 11. Adjudication tribunal hearing date 12. Decision of adjudication tribunal 13. Transitional 14. Commencement Short title 1. These regulations may be cited as the Social Workers Regulations . 21/18 s1 Back to Top Registration requirements 2. (1) The requirements and qualifications for registration as a social worker, in addition to those set out in the Act, are (a) completion of an application in the prescribed form; (b) proof of the educational requirements set out in the Act; (c) proof of identity satisfactory to the registrar; (d) proof of professional liability insurance, where required by the board, of the type and in the amount acceptable to the board; (e) a current Certificate of Conduct satisfactory to the registrar from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency; (f) a current Vulnerable Sector Check satisfactory to the registrar from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency; (g) a declaration by the applicant stating that he or she has never been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or the details of his or her conviction ; (h) a written consent for release of information; (i) proof of proficiency in the English language that the registrar considers sufficient to enable the applicant to practise as a social worker in the province; (j) evidence satisfactory to the registrar that the applicant is of good character; (k) a declaration by the applicant stating that he or she has not been denied registration in another jurisdiction within the 5 year period prior to the date of application, or the details regarding the denial of registration in another jurisdiction; and (l) other documentation requested by the registrar. (2) In addition to the requirements of subsection (1), where an applicant is currently or was previously licensed or registered to practise social work in another jurisdiction, the applicant shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the applicant is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings. (3) Notwithstanding paragraphs (1)(e) and (f), the registrar may register an applicant who does not provide a Certificate of Conduct and a Vulnerable Sector Check where (a) the applicant meets all other requirements for registration; and (b) the registrar is satisfied that a Certificate of Conduct and a Vulnerable Sector Check cannot be obtained within a reasonable period of time. (4) Notwithstanding subsection (2), the registrar may register an applicant that is currently or was previously licensed or registered to practise social work in another jurisdiction and who does not provide a letter of good standing from the other jurisdiction where (a) the applicant meets all other requirements for registration; (b) the applicant provides a declaration stating that he or she (i) has requested a letter of good standing from the licensing or registration body of the other jurisdiction, and (ii) is not or has never been the subject of investigative or disciplinary proceedings in the other jurisdiction or provides the particulars of any investigative or disciplinary proceedings; and (c) the registrar is satisfied that a letter of good standing from the other jurisdiction cannot be obtained within a reasonable period of time. 21/18 s2 ; 35/20 s1 Back to Top Temporary registration requirements 3. The requirements and qualifications for temporary registration as a social worker, in addition to those set out in the Act and section 2, are (a) an education plan; and (b) proof of current employment in a region of the province where a person registered under section 18 of the Act cannot be recruited to practise social work, in a form acceptable to the registrar. 21/18 s3 Back to Top Proof 4. Proof under sections 18 and 19 of the Act shall be in the following form unless otherwise directed by the registrar: (a) for the requirements in paragraphs 18(2)(a) and 19(c), a transcript provided directly to the registrar by the educational institution where the person completed his or her education; and (b) for the requirement in paragraph 19(d), a letter provided directly to the registrar by the educational institution confirming the person's enrolment. 21/18 s4 Back to Top Renewal of registration 5. (1) The requirements and qualifications to renew registration as a social worker are (a) completion of an application in the prescribed form; (b) proof of professional liability insurance, where required by the board, of the type and in the amount acceptable to the board; (c) a declaration by the member stating that he or she has not been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country since the last time he or she applied for registration, or the details of his or her conviction ; (d) a written consent for release of information; (e) a declaration by the member stating that he or she has not been denied registration in another jurisdiction since the last time he or she applied for registration, or the details regarding the denial of registration in another jurisdiction; (f) a declaration by the member stating the number of continuing education hours completed and confirmation that the member meets the requirements for continuing education as required by the board; and (g) other documentation requested by the registrar. (2) In addition to the requirements of subsection (1), where the member was, within the 12 months immediately preceding the application for renewal of registration, licensed or registered to practise social work in another jurisdiction, the member shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the member is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings. (3) Notwithstanding paragraph (1)(f), where a member does not meet the requirements for continuing education, the registrar may renew his or her registration and require the member to complete continuing education within a specified period of time. 21/18 s5 Back to Top Renewal of temporary registration 6. The requirements and qualifications to renew temporary registration as a social worker, in addition to those set out in section 5, are (a) an updated education plan; and (b) proof of continued employment in a region of the province where a person registered under section 18 of the Act cannot be recruited to practise social work, in a form acceptable to the registrar. 21/18 s6 Back to Top Continuing education 7. Every social worker who is registered under section 18 or 19 of the Act shall participate in continuing education as required by the board, including (a) completing a minimum of 40 hours of continuing education approved by the board per year; and (b) maintaining a continuing education log containing information required by the board. 21/18 s7 Back to Top Re-entry 8. (1) Where a person has never been registered and 3 or more years have passed since he or she received his or her last degree in social work from an accredited educational institution approved by the board, he or she shall successfully complete an examination approved by the board as well as comply with the requirements for registration in order to be registered. (2) Where a person is no longer registered but has continuously been a member of the college since he or she stopped being registered and more than 3 years but less than 5 years have passed since he or she was registered, he or she shall successfully complete an examination approved by the board or continuing education, as required by the board, as well as comply with the requirements for renewal in order to be registered. (3) Where a person is no longer registered but has continuously been a member of the college since he or she stopped being registered and 5 or more years have passed since he or she was registered, he or she shall successfully complete an examination approved by the board as well as comply with the requirements for renewal in order to be registered. (4) Where a person is no longer registered and is a member of the college but has not continuously been a member of the college since he or she stopped being registered and 3 or more years have passed since he or she was registered, he or she shall successfully complete an examination approved by the board as well as comply with the requirements for registration in order to be registered. (5) Where a person is no longer a member of the college and 3 or more years have passed since he or she was registered, he or she shall successfully complete an examination approved by the board as well as comply with the requirements for registration in order to be registered. (6) A person who fails an examination 3 times shall not be permitted to write a further examination and shall not be registered. (7) In this section, "registered" means registered under section 18 of the Act. 21/18 s8 ; 2020 c14 s33 Back to Top Filing of allegation 9. (1) Within 30 days of receipt of an allegation under subsection 25(1) of the Act the respondent shall be notified in writing that an allegation has been received. (2) A respondent shall have 30 days from receipt of the notification of the allegation to respond to the complainant’s allegation. (3) The chairperson of the complaints authorization committee shall inform the respondent and the complainant of whether the committee intends to exercise one or more of the powers set out in subsection 27(1) of the Act as soon as practicable but no later than 120 days after receipt of the allegation. 21/18 s9 Back to Top Appointment of adjudication tribunal 10. An adjudication tribunal shall be appointed within 30 days of referral of the complaint to the disciplinary panel. 21/18 s10 Back to Top Adjudication tribunal hearing date 11. (1) An adjudication tribunal shall set a hearing date before the later of (a) 120 days after the decision of the complaints authorization committee that grounds exist to start a disciplinary proceeding; or (b) 90 days after the complaint is referred to the disciplinary panel. (2) With the agreement of the respondent and the college , the chairperson of the adjudication tribunal may extend a period referred to in subsection (1). 21/18 s11 ; 2020 c14 s33 Back to Top Decision of adjudication tribunal 12. The decision and orders of an adjudication tribunal4shall be provided in writing to the registrar, complainant, respondent and respondent's employer in accordance with subsection 33(1) of the Act within 90 days of the completion of the hearing of the complaint by the adjudication tribunal. 21/18 s12 Back to Top Transitional 13. Where a person is a member or is registered immediately before the coming into force of these regulations, he or she continues to be a member or registered until his or her membership or registration expires. 21/18 s13 Back to Top Commencement 14. These regulations come into force on September 28, 2018. 21/18 s14