Code of Massachusetts Regulations 258 CMR - BOARD OF REGISTRATION OF SOCIAL WORKERS
258 CMR – Board of Registration of Social Workers
258 CMR contains the rules and regulations issued by the Massachusetts Board of Registration of Social Workers (BRSW). The purpose of these regulations is to license, regulate, and oversee social workers in the Commonwealth of Massachusetts, ensuring that social work professionals meet certain standards of education, ethics, and practice.
1. Legal Authority
The Board’s authority comes from Massachusetts General Laws (M.G.L.), primarily:
M.G.L. c. 112, § 195–203 – Establishes the Board, licensing requirements, and disciplinary powers.
Under this statutory authority, the Board issues 258 CMR regulations to implement and enforce the law.
2. Key Areas Covered by 258 CMR
A. Licensing
Defines the requirements to become a licensed social worker in Massachusetts.
Includes:
Educational requirements (e.g., Bachelor’s or Master’s degrees in social work from accredited programs)
Supervised experience requirements
Examinations required for licensure
Covers multiple levels:
Licensed Bachelor Social Worker (LBSW)
Licensed Independent Clinical Social Worker (LICSW)
B. Renewal and Continuing Education
Sets rules for license renewal intervals.
Requires continuing education (CE) credits to maintain competency.
C. Professional Conduct and Ethics
Outlines standards of practice and ethical guidelines.
Prohibits:
Misrepresentation of credentials
Sexual misconduct with clients
Breach of confidentiality
Provides a basis for disciplinary action for violations.
D. Disciplinary Procedures
Establishes procedures for complaints, investigations, hearings, and sanctions.
Sanctions can include:
License suspension or revocation
Fines
Probation with conditions
E. Exemptions
Explains when individuals may practice social work without a license, such as certain students or volunteers under supervision.
3. Relationship to Case Law
Massachusetts courts have generally held:
Deference to the Board’s expertise: Courts respect the Board’s professional judgment in licensing and disciplinary matters, especially when evaluating complex social work practice issues.
Due process requirements: The Board must follow proper notice and hearing procedures before disciplining a licensee. Failure to do so may result in judicial invalidation of Board action.
Statutory consistency: Courts enforce the Board’s regulations only to the extent they are consistent with the authorizing statute (M.G.L. c. 112, §§195–203).
Example principles from case law:
Licensees may challenge the Board’s disciplinary decisions if there was lack of evidence, bias, or procedural violations.
Courts recognize the Board’s authority to define professional conduct and ethical standards as part of its regulatory role.
4. Practical Effects of 258 CMR
Licensing: Ensures that social workers meet educational and professional standards.
Ethics enforcement: Protects clients and maintains public trust.
Legal defense: Violations of 258 CMR can be used in legal proceedings as evidence of professional misconduct or negligence.
Professional guidance: Serves as a reference for acceptable social work practices in Massachusetts.
5. Summary
258 CMR regulates licensing, ethics, practice, and discipline of social workers in Massachusetts.
The Board’s regulations are legally binding, but courts review them for reasonableness and statutory compliance.
Compliance with 258 CMR is necessary for practicing legally and ethically in the state.
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