Rules & Regulations of the State of Tennessee Title 1365 - Social Worker Certification
🔷 Overview: Title 1365 – Social Worker Certification
Title 1365 of the Tennessee Rules and Regulations establishes the standards, procedures, and requirements for the certification of social workers in the state. This title operates under the authority granted by the Tennessee Code Annotated (T.C.A.), particularly sections within Title 63, which governs health professions.
The purpose of these rules is to ensure that social workers in Tennessee are qualified, competent, ethical, and adhere to standards of professional practice to protect the public welfare.
The regulatory body that oversees this area is the Tennessee Board of Social Worker Certification and Licensure, which is part of the Department of Health’s Division of Health Related Boards.
🔑 Key Regulatory Areas Under Title 1365
1. Types of Social Worker Credentials in Tennessee
Under Title 1365, Tennessee recognizes different levels of social work professionals:
Certified Social Worker (CSW)
Licensed Master Social Worker (LMSW)
Licensed Clinical Social Worker (LCSW)
Each level has distinct educational, examination, and supervision requirements.
2. Certification Requirements
To be certified or licensed, an applicant must:
➤ Education
Hold a degree in social work from a program accredited by the Council on Social Work Education (CSWE).
For LCSW: a master’s or doctoral degree is required.
➤ Examination
Pass the appropriate Association of Social Work Boards (ASWB) examination:
Bachelor’s level exam for CSW
Master’s exam for LMSW
Clinical exam for LCSW
➤ Supervised Experience
For LCSW, applicants must complete supervised clinical hours, typically 3,000+ post-master's hours under a qualified supervisor.
➤ Application and Fees
Submit an application, pay applicable fees, and undergo a background check.
3. Continuing Education (CE)
To maintain certification or licensure:
Practitioners must complete a certain number of continuing education hours per renewal cycle (usually 15–30 hours every two years).
At least a portion must be in ethics.
Non-compliance can result in disciplinary actions or non-renewal.
4. Code of Ethics and Professional Conduct
The rules adopt or reflect principles from the NASW Code of Ethics, addressing:
Confidentiality
Professional boundaries
Competency
Dual relationships
Mandatory reporting (e.g., abuse or danger to self/others)
Violations can result in investigation and discipline by the board.
5. Disciplinary Actions
Grounds for disciplinary action include:
Fraud or misrepresentation on application
Criminal conviction (especially involving moral turpitude)
Substance abuse impairing practice
Violation of ethics or negligence
Unlicensed practice
Disciplinary actions may include:
Reprimand
Probation
Suspension or revocation
Fines
⚖️ Legal and Judicial Principles
Though specific published cases in Tennessee under Title 1365 are rare, general administrative and health professional licensing law applies. Courts reviewing disciplinary or licensing decisions of the Social Work Board will use the following principles:
🔸 1. Due Process
Under the Tennessee Uniform Administrative Procedures Act (UAPA), applicants and licensees are entitled to:
Notice of charges or issues
An opportunity to be heard
A fair and impartial hearing
Failure to provide these can lead to reversal of Board decisions.
Hypothetical Case:
Doe v. Tennessee Board of Social Worker Certification
A social worker’s license was revoked for an ethical violation, but no hearing was granted.
Court ruling: The action violated due process; the Board must provide a hearing before such sanctions.
🔸 2. Substantial Evidence Standard
A court will uphold the Board’s decision if it is supported by substantial evidence in the administrative record.
The Board does not need to prove guilt beyond a reasonable doubt, but rather that a reasonable person could conclude that the violation occurred based on the evidence presented.
🔸 3. Deference to Agency Expertise
Courts will generally defer to the Board’s interpretation of its own regulations and the professional standards, unless the interpretation is:
Clearly erroneous
Arbitrary or capricious
In violation of statutory authority
🔸 4. Equal Protection and Fairness
Any disparate treatment in licensing or discipline without rational justification may violate equal protection principles under the U.S. or Tennessee Constitution.
🧑‍⚖️ Illustrative Case Law Context
➤ Tennessee Board of Social Worker Certification v. Smith (Hypothetical)
Facts: Smith, an LCSW, was accused of engaging in a romantic relationship with a former client. The Board investigated and revoked the license for violating ethical boundaries.
Legal Issues:
Whether the relationship occurred within the time frame prohibited by ethical rules.
Whether Smith received adequate notice and a hearing.
Court Analysis:
The Board’s finding was based on written statements, client testimony, and documentation — held to be substantial evidence.
Smith was given notice and attended the hearing — due process satisfied.
Court upheld the Board’s decision.
➤ Brown v. Tennessee Board of Social Worker Certification (Hypothetical)
Facts: Brown applied for certification as a CSW but was denied due to a past criminal conviction for fraud 10 years earlier.
Legal Challenge: Brown argued the denial was arbitrary because the offense was not related to social work.
Outcome:
The court ruled that the Board must consider rehabilitation and relevance of the crime to the profession.
The denial was remanded for reconsideration under fair standards.
âś… Summary Table
| Area | Key Points |
|---|---|
| Credential Levels | CSW, LMSW, LCSW — with increasing education and experience requirements |
| Exams Required | ASWB exams corresponding to credential level |
| CE Requirements | Required for license renewal; ethics hours mandatory |
| Ethical Standards | Reflect NASW Code; violations subject to discipline |
| Discipline | Ranges from reprimand to revocation; must follow due process |
| Legal Review | Substantial evidence, due process, and agency deference govern reviews |
🔚 Conclusion
Title 1365 – Social Worker Certification forms the regulatory foundation for who may practice as a social worker in Tennessee and under what conditions. The rules aim to protect the public by ensuring that practitioners are well-trained, ethical, and accountable.
When decisions made under Title 1365 are challenged, Tennessee courts look for fairness, procedural compliance, and whether the Board acted within its authority — balancing public safety with individual rights.
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