Request By:
Ms. Dorothy A. Miller, Chairman
The State Board of Examiners of Social Work of Kentucky
P.O. Box 456
Frankfort, Kentucky 40602
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: William L. Davis, Assistant Attorney General
This is in response to your letter of February 4, in which you stated the following:
"In specific, the Board wishes to know whether or not the Board is required to approve education and supervision, which was reviewed prior to the promulgation of its laws and regulations, or, if all education and supervision must meet current standards. We have received applications from persons who have received degrees before the accreditation process had been achieved. Further, we have received applications from persons whose supervision was received prior to the promulgation of the original supervision regulations, which have since been amended."
It will be necessary to note from the outset a few basic principles before providing an answer to the aforementioned request. It is fundamental that an administrative agency is a creature of statute and must find within the statute warrant for the exercise of any authority which it claims. Department for Natural Resources and Environmental Protection v. Stearns Coal and Lumber Co., Ky., 563 S.W.2d 471, 473 (1978). Furthermore, administrative regulations which have been duly adopted and properly filed have the full effect of law. However, the power of the agency to adopt such regulations is limited to a direct implementation of administration of functions and duties assigned to the administrative body by statute or executive order. KRS 13.082(1); Kentucky Association of Chiropractors, Inc. v. Jefferson County Medical Society, Ky., 549 S.W.2d 817, 821 (1977). Moreover, regulations of a public administrative agency are considered prima facie, or presumptively, valid and reasonable where they are within the scope of the authority of such agency. Honke v. Commonwealth, Ky., 451 S.W.2d 162, 166 (1970).
Turning our attention to the matter you submitted, the State Board of Examiners of Social Work of Kentucky (hereinafter the Board) was created by KRS 335.050. The power and duties of the Board are outlined in KRS 335.070. KRS 335.070(1) provides that the Board shall administer and enforce the provisions of KRS 335.010 to 335.160 and 335.990, and may adopt rules and regulations consistent with its provisions.
The requirements for issuance of licenses by the Board are controlled in most part by KRS 335.080 to 335.110. KRS 335.080(1) states:
The board shall issue a license as "certified social worker" to an applicant who meets the following requirements:
(a) Is at least eighteen (18) years of age;
(b) Is a person of good moral character;
(c) Has received a master's degree or doctorate degree in social work from an educational institution approved by the board;
(d) Has paid to the board an examination fee fixed by the board;
(e) Has passed an examination prepared by the board;
(f) Has not within the preceding six (6) months failed to pass an examination given by the board; and
(g) Has paid an initial license fee fixed by the board, the fee not to exceed thirty dollars ($30.00).
KRS 335.090(1) states:
The board shall issue a license as "social worker" to an applicant who meets the following requirements:
(a) Is at least eighteen (18) years of age;
(b) Is a person of good moral character;
(c) Has received a baccalaureate degree in a social work or social welfare program approved by the board; or a baccalaureate degree in another field, two (2) years experience in a social work capacity and completion of courses equivalent to a social work or social welfare program approved by the board;
(d) Has paid to the board an examination fee fixed by the board;
(e) Has passed an examination prepared by the board;
(f) Has not within the preceding six (6) months failed to pass an examination given by the board; and
(g) Has paid an initial license fee fixed by the board, the fee not to exceed thirty dollars ($30.00).
KRS 335.100(1) states:
After one (1) year from June 21, 1974, no person shall engage in the independent practice of social work unless he meets the following requirements:
(a) Is licensed under KRS 335.010 to 335.160 and 335.990 as a certified social worker;
(b) Has had a minimum of two (2) years of full-time postmaster's experience, consisting of at least thirty (30) hours per week, or three (3) years of part time, consisting of at least twenty (20) hours per week, postmaster's degree experience acceptable to the board in the use of specialty methods and measures to be employed in independent practice, the experience having been acquired under appropriate supervision;
(c) Has paid to the board an examination fee fixed by the board;
(d) Has passed an examination prepared by the board for this purpose;
(e) Has not within the preceding six (6) months failed to pase an examination given by the board.
And, KRS 335.110 states:
(1) The requirement that an applicant for licensure as certified social worker pass an examination shall be waived from June 21, 1974, for a period of eighteen months. To be licensed without examination during this period an applicant shall meet all of the other requirements set forth in KRS 335.080(1), but shall not be required to pay the examination fee.
(2) The requirement that an applicant for licensure as social worker pass an examination shall be waived from June 21, 1974, for a period of eighteen months. To be licensed without examination during this period an applicant shall either meet all of the other requirements set forth in KRS 335.090(1), except the requirement to pay the examination fee, or provide evidence of employment in a social work capacity for two (2) out of the last four (4) years.
(3) The requirement that an applicant for certificate of qualification for private practice pass an examination shall be waived from June 21, 1974, for a period of eighteen months. To be certified without examination during this period an applicant shall meet all of the other requirements set forth in KRS 335.100(1), but shall not be required to pay the examination fee, and the supervision requirement shall be waived.
But, the exemptions outlined in KRS 335.110 expired after December 21, 1975, eighteen months after it became effective, and the General Assembly repealed it by Acts 1976, Chapter 305, § 5.
Therefore, it is the opinion of this office that a person applying for a license as a certified social worker, social worker, or wishes to be certified for independent practice of social work after eighteen months from June 21, 1974, must meet the standards in effect at the time the application is submitted to the Board.
Please feel free to contact this office if you need further assistance.