Esta ley enmienda la Ley del Colegio de Trabajadores Sociales de Puerto Rico para establecer un requisito mínimo de doce (12) horas contacto anuales o veinticuatro (24) horas en un período de dos (2) años de educación continua para la renovación de la membresía. La ley detalla cómo se debe cumplir este requisito, las excepciones y las responsabilidades del Colegio y la Junta Examinadora de Trabajadores Sociales.
(Approved May 30, 2008)
To amend Section 6 of Act No. 171 of May 11, 1940, as amended, known as the "College of Social of Workers Act," for the purpose of establishing the minimum number of twelve (12) contact hours per year or twentyfour hours in a two (2) year period for continuing education in the Social Work profession as a condition for renewal of membership.
In all modern professions, it is essential that the skills and knowledge of those who practice the same are up to date and reinforced through a continuing education process. As an acknowledgement of this, a continuing education requirement for members of the College of Social Workers of Puerto Rico was established by Act No. 314 of December 28, 2003, as an amendment to Act No. 171 of May 11, 1940, as amended, known as the "College of Social of Workers Act."
There was however certain confusion regarding the language used in said Act No. 314. In the original version of the latter, House Bill 2236 of the $14^{ ext {th }}$ Legislature, February 28, 2002, it was provided that the continuing education requirement would be of "twenty-five hours every three years." However, in the final version which was enacted into law, the wording required "nine credit hours per year." This created a dilemma since "credit hour," a unit of academic achievement of regular course students, is very different from a "contact hour," which is the norm in the professional continuing education programs. In an attempt to clarify this situation, Act
No. 193 of August 4, 2004, was approved, which amended Act No. 171, supra, to redefine the requirement as "twenty-four contact hours per year."
In spite of this, when we see the final result, we find that as the statute is amended, the requirement of continuing education courses turns out to be, three times the proposal of the original bill. This is a requirement of contact hours per year far greater than that of many professions and a number of Social Work professionals have indicated that it constitutes an onerous burden, both financially in terms of work.
It is meritorious to assess if an excessive requirement was imposed for the continuing education program in the field of social work, and what would be the best strategy to strengthen this profession. The wisest thing to do is to establish a point between the eight hours per year initially proposed and the twenty-four hours presently in effect. The Social Workers that called our attention to this issue have proposed that the hours be fixed at twelve (12) contact hours per year, which is accepted as a reasonable proposal, and it inclusively can be made more flexible by covering more than year, so if the person averages that number of contact hours in the course of any two (2) year period, the same is complied with.
Section 1.- Section 6 of Act No. 171 of May 11, 1940, as amended, is hereby amended to read as follows: "Section 6.- Authorization for the issuing of licenses The Board of Examiners of Social Workers shall be the sole body authorized to issue licenses for the practice of social work in Puerto Rico to all persons who meet the requirements specified in Sections 8 and 10 of this Act.
Every person who practices the social work profession in Puerto Rico and holds a permanent or provisional license issued by the Board of Examiners of Social Workers shall also comply with a minimum of twelve (12) contact hours per year of continuing education. In the case of provisional licenses, it shall not be necessary to comply with the requirement of continuing education provided that the person shows that he/she is taking university courses on social work at the time of the renewal of his/her membership. The College of Social Workers of Puerto Rico, in consultation and with approval of the Board of Examiners of Social Workers of Puerto Rico shall establish a continuing education program, in the charge of the Institute of Continuing Education, attached to the College of Social Workers of Puerto Rico. The College is hereby empowered, in consultation and with approval of the Board of Examiners of Social Workers of Puerto Rico, to implement regulations for the aforementioned program and the Board of Examiners of Social Workers of Puerto Rico is hereby empowered, in consultation and with approval of the College to establish by means of regulations any increase or reduction of the hours of continuing education established in this Act, which shall not be less than twelve (12) contact hours per year. The Institute shall be responsible for offering a continuing education program, as well as for the evaluation and certification of any programs offered by other teaching and professional entities. Likewise, the Institute of Continuing Education shall annually certify to the Board of Examiners of Social Workers and the College of Social Workers of Puerto Rico compliance with the continuing education requirement for Social Workers holding permanent and provisional licenses, as well as those who have complied with said requirement. Social workers holding a permanent
license shall present evidence of compliance with the continuing education requirement at the time of the renewal of their membership.
The continuing education requirement may be complied with through training in or out of the agency or public or private institution in which the social worker is employed, provided it is certified by the Institute of Continuing Education of the College of Social Workers of Puerto Rico. Every person licensed as provided in this Act, who renders public or private social work services as direct services, advisor, consultant or who has an administrative position in an agency or public or private institution, or is engaged in teaching or social research shall comply with the requirement of twelve (12) contact hours of continuing education per year. Furthermore, the Board of Examiners is hereby empowered to, in consultation and with approval of the College of Social Workers, establish by regulations any other matter necessary for compliance with the provisions set forth in this Act.
This provision shall not take effect in the case of social workers in public service until the agency or government entity in which the same are employed certifies the existence of a license and a program that defrays the cost of the hours of continuing education.
It shall be the duty of all social workers to present to the College of Social Workers of Puerto Rico the necessary evidence to prove completion of the required hours of continuing education. This requirement however, shall not apply to retired professionals who are no longer practicing the profession of social work and to those who show just cause for not complying and notify the College of Social Workers of Puerto Rico thereof.
For purposes of this section, "just cause" shall mean that a social worker is unemployed at the time of college membership renewal, physically
or mentally disabled for the practice of the profession, not working in a classified position requiring him/her to be a social worker, not practicing the profession due to full-time studies or work or studying outside of the jurisdiction of the Commonwealth of Puerto Rico."
Section 2.- This Act shall not be construed as an express amendment to Act 189 of 2007.
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 75 (H.B. 3832) of the $7^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 6 of Act No. 171 of May 11, 1940, as amended, known as the "College of Social of Workers Act," for the purpose of establishing the minimum number of twelve (12) contact hours per year or twenty-four hours in a two (2) year period for continuing education in the Social Work profession as a condition for renewal of membership, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of June of 2008.
Francisco J. Domenech Director