Part 34.
TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
Chapter 781.
SOCIAL WORKER LICENSURE
The Texas State Board of Social Worker Examiners (board) adopts amendments
to §§781.102, 781.215, 781.217, 781.301 - 781.304, 781.306, 781.313,
781.314, 781.402, 781.405, 781.409, 781.413, 781.414, 781.508, 781.511 - 781.514,
781.604, 781.605, 781.806 and new 781.516 and 781.517, concerning the licensure
and regulation of social workers. The amendments to §§781.102, 781.217,
781.301, 781.303, 781.402, 781.414, 781.508, 781.512, 781.513 and new 781.516
and 781.517 are adopted with changes to the proposed text as published in
the September 29, 2006, issue of the
Texas Register
(31 TexReg 8176). Sections 781.215, 781.302, 781.304, 781.306, 781.313,
781.314, 781.405, 781.409, 781.413, 781.511, 781.514, 781.604, 781.605, and
781.806 are adopted without changes and, therefore, the sections will not
be republished.
BACKGROUND AND PURPOSE
The adopted amendments and new sections are necessary to complete implementation
of Senate Bill 810, 78th Texas Legislature, 2003, which amended the Occupations
Code, Chapter 505, and required the board to establish independent practice
authorization for all levels of licensure.
Additionally, the board adopts amendments to correct minor errors, improve
the rules, and ensure that the rules reflect current legal, policy, and operational
considerations.
SECTION-BY-SECTION SUMMARY
The amendments to §781.102 adds new definitions of "Conditions of
exchange," "Independent clinical practice," "Independent non-clinical practice,"
and "Sole responsibility for the client," improves the definition of Supervisor;
and renumbers the definitions accordingly.
The amendments to §781.215 clarify what is displayed on the license
certificate. Amendments to §781.217 clarify the fees for changing to
inactive status, the reactivation of a license, and renewal fee for an inactive
license; update terminology used for an approved continuing education provider
and a board approved supervisor; and renumber the section accordingly.
The amendments to §781.301 reflect the new designation of "Bachelors"
for the examination for LBSW; specify the licensure categories and specialty
recognition required to practice independently (and receive remuneration from
direct billing or through contract work); establish August 31, 2007, as a
deadline for licensees to have obtained the appropriate level of licensure
and/or specialty recognition (or be under application for same) in order to
continue practicing independently; clarify that a person may not practice
independently without the proper license or specialty recognition; and reorder
and renumber the section accordingly. The amendments to §781.302 define
two distinct supervised experience tracks, one for clinical licensure and
one for non-clinical independent practice recognition; establish that experience
under a temporary license is not eligible for supervision hours or experience
toward clinical licensure or independent practice recognition; provide clarity
on the process for application for a licensure upgrade or independent practice
recognition and required supervision and experience documentation; and establish
rules for supervision when it is required as a condition of initial or continued
licensure or as a result of disciplinary action or in order to participate
in the AMEC program. The amendments to §781.303 establish a one time
application period ending on August 31, 2007, for a waiver of the experience
requirements for independent practice recognition based on criteria established
in rule; to establish that appeals of denials by staff be reviewed by the
board whose decisions on appeals are final; and establish that a licensee
who applies for the independent practice recognition must cease and desist
independent practice immediately if their application is finally denied (30
days after the denial of the application by staff or an appeal is not granted),
unless they are under a board approved supervision plan for independent practice
recognition. Amendments to §781.304 clarify language referring to a supervisor
as a board approved supervisor, to clarify the application and approval process,
and establish the supervisory functions that are authorized by holding board
approved supervisory status according to license type and specialty recognition
held by the supervisor; add rules that revise the general rules of supervision;
and, reorder and renumber the section accordingly. The amendment to §781.306
deletes obsolete language. The amendments to §781.313 establish that
the criteria for eligibility for the AMEC program is to have scored twice
within five points of passing instead of four points and to require that supervision
required for participation in the AMEC program be provided by a board approved
supervisor. The amendments to §781.314 specify information provided on
a license certificate.
The amendments to §781.402 change the title of the section; add language
describing services that constitute the practice of social work; and revise
the terms used for the independent practice of clinical social work from "private
practice" to "independent clinical practice" and revise the term used for
non-clinical independent practice from "independent practice" to "independent
non-clinical practice." The amendments to §781.405 clarify that sexual
exploitation may occur in an agency setting in addition to an independent
practice setting and revise language to be consistent with the current definition
of independent practice. The amendments to §781.409 clarify the duties
of licensees regarding maintaining compliance with laws concerning confidentiality
of protected health information and the release of mental health records.
The amendments to §781.413 revise language to be consistent with the
current definition of independent clinical and non-clinical practice. The
amendments to §781.414 revise the methods by which a licensee may provide
consumer information to consumers to be consistent with the Occupations Code, §505.252.
The amendments to §781.508 specify that the executive director's decision
regarding a request for a waiver of all or part of continuing education requirements
may be appealed to the board as opposed to the Professional Development Committee.
The amendments to §781.511 change the title of the section; change the
term of continuing education sponsor to a continuing education provider; update
the rule, indicating that the executive director reviews continuing education
provider applications to indicate that the function is provided by department
staff; require that continuing education providers provide a list of subcontractors
upon renewal or upon request; require continuing education providers to maintain
training records for a period of three years as opposed to two years; and
renumber the section accordingly. The amendments to §781.512 revise the
title of the section; change the term of "Continuing education sponsor" to
"Continuing education provider"; define the process of evaluating continuing
education providers; provide for the review by a committee of the board for
possible rescinding of approved continuing education provider status if a
provider is not in compliance with rules regarding continuing education programs;
disallow credit toward approval as a supervisor by the board for a completion
of a course by a provider after the provider's approval status has been rescinded;
and renumber the section accordingly. The amendments to §781.513 change
the term of continuing education sponsor to a continuing education provider
and update the rule to indicate that the decision of the executive director
regarding the acceptability of continuing education from providers approved
by another licensing board may be appealed to the appropriate board committee.
The amendments to §781.514 revise the number of hours that may not be
exceeded during a renewal period for published works and independent study
programs. New §781.516 establishes the criteria for approval and renewal
of a supervisory training course provider and supervisory training program;
establishes rules regarding application for approval; and establishes rules
regarding documentation of participation and retention of the documentation.
New §781.517 establishes a process for the evaluation of supervisor training
course providers and the courses they present; establishes a process for the
board to rescind approval of a supervisor training course provider; establishes
a process for reapplication for approved supervisor training course provider
status once it has been rescinded; and disallows credit toward approval as
a supervisor by the board for a completion of a course by a provider after
the provider's approval status has been rescinded.
The amendments to §781.604 allow only the respondent to a complaint
to request an informal hearing, as opposed to allowing any party to a complaint
to request an informal hearing. The amendments to §781.605 reflects the
current name of the board committee that reviews complaints filed with the
board from "Complaints Committee" to "Ethics Committee."
The amendments to §781.806 allow supervision of licensees on probation
by any board approved supervisor with expertise in the licensee's field of
practice, as opposed to only LCSWs and to be consistent with supervisory functions
authorized by proposed changes in §781.304.
COMMENTS
The board has reviewed and prepared responses to the comments received
regarding the proposed rules during the comment period. The commenters were
individuals, associations, and/or groups, including the following: National
Association of Social Workers--Texas Chapter, Texas Society of Clinical Social
Work, Department of State Health Services Children and Pregnant Women program
staff, three licensees of the board and one comment came from a member of
the public. The commenters were not against the rules in their entirety; however,
the commenters suggested recommendations for change as discussed in the summary
of comments. Commenters were generally in favor of the rules.
The following comments were received from the National Association of Social
Workers--Texas Chapter.
Comment: Concerning §781.102(38), the commenter stated that the definition
of clinical social work is too broad. The commenter recommended replacing
the words "for the welfare of the client and the services rendered" with "for
the nature and quality of the services provided to the client."
Response: The board agreed with the comment and modified the definition
of clinical social work. Paragraphs (37) - (39) of the section reflect the
revised language and are renumbered for proper sequence. The board also determined
that paragraph (64) of the section should be deleted as not accurately reflecting
the responsibility of the social worker.
Comment: Concerning §781.402(d) and (e), the commenter recommended
that the definition of independent clinical practice should be modified by
replacing, "welfare of the client and services rendered" with "nature and
quality of the services provided."
Response: The board agreed with the comment and modified the definition
of independent clinical practice.
Comment: Concerning §781.512(e), the commenter stated that it is unclear
what mechanism would be used for licensees to ascertain whether a continuing
education provider's approved status has been rescinded. The commenter suggests
that the board address any gap between a licensee attending an event and learning
that the providers' stratus had been removed.
Response: The board agreed to review this issue more closely and consider
possible process or rule changes which might be needed.
Comment: The commenter also commented on the following rules which were
not proposed for change: §§781.402(b), 781.402(c), 781.508(b), and
781.514. The board could not consider revising rules as a result of the comments,
but did agree to review the comments during a future review of rules for proposed
changes.
The following comments were received from the Texas Society of Clinical
Social Workers.
Comment: Concerning §781.102, the commenter did not concur with the
addition of a definition for, "Conditions of Exchange," as it is unnecessary
and could cause potential problems for social workers in independent practice
with a mixed payor population.
Response: The board disagreed with the comment because the term conditions
of exchange is used in rule §781.304(12). Section 781.304(12) was not
open to a substantive change, therefore the board decided to define the term.
No change was made as a result of this comment.
Comment: Concerning §781.303, the commenter indicated support of the
waiver of the supervised experience requirement for independent practice recognition,
but only if the applicant had two years licensed experience with social work
supervision or four years licensed experience without social work experience.
Response: The board disagreed with the comment and adopted the rule as
proposed, allowing three years licensed social work experience with the supervision
of a licensed mental health professional. No change was made as a result of
this comment.
Comment: Concerning §781.402, the commenter expressed support of the
recommendations for the practice of baccalaureate social work with the exception
of mediation.
Response: The board disagreed with the comment because when a baccalaureate
social worker is performing mediation services in the context of court ordered
family mediation and other related forms of mediation, the baccalaureate social
worker is practicing social work. No change was made as a result of this comment.
Comment: Concerning §781.409, the commenter recommended inclusion
of all applicable state laws pertaining to confidentiality.
Response: The board's proposed rule change already lists the state laws
that most directly relate to the confidentiality and includes all other state
laws not listed. No change was made as a result of this comment.
Comment: Concerning §781.414, the commenter recommended adding the
word, "or" to allow for options in the methods of providing consumer information
to clients.
Response: The board agreed with the comment and revised the rule to provide
clarity of the methods available for social workers to provide consumer information
to their clients.
Comment: Concerning §781.512, the commenter supported the recommended
changes, with the exception that the executive director should have responsibility
for these continuing education provider audits.
Response: The board disagrees with the comments because the department
staff provides the support function of continuing education audits. The executive
director will continue to coordinate the process of board review of audit
results when it is indicated.
Comment: Concerning §§781.508, 781.512(b) - (e), 781.513(b),
781.516(g), and 781.517(d) - (f), the commenter supported the recommendations,
but suggested that the word "committee" be replaced by "board".
Response: The board agreed with and adopted language changes that clarified
responsibilities and the readability of the rule.
Comment: The commenter also commented on several rules which were not proposed
for change. The board could not consider revising rules as a result of the
comments, but did agree to review the comments during a future review of rules
for proposed changes.
The following comment regarding the rules was received from both individuals
and associations:
Comment: Numerous commenters noted that in rule §781.402 the practice
of clinical social work by a Licensed Master Social Worker is authorized only
in an agency setting and only under clinical supervision. The commenters questioned
whether affected social workers are aware of the requirement and, whether
affected social workers have access to supervision and whether affected social
workers/their agencies have resources to comply with the stipulation.
Response: The board could not consider a rule change at this time since
the rule was not proposed for change. The board agreed to review the issue
for possible proposed rule revision in the future.
The following comments were received from individual commenters:
Comment: Concerning §781.303, the commenter noted omissions of the
requirement to be licensed as a social worker in order for social work experience
to qualify a person for the waiver under §781.303(b)(3) and (4) and a
duplication of language in §781.303(b)(3). The commenter recommended
language to clarify the license requirement.
Response: The board agreed with the comments and made changes to clarify
the licensed supervised experience requirement for the waiver.
Comment: Three commenters asked general questions concerning the practice
settings and authorized social work activities as a result of the rules as
proposed.
Response: The board did not make changes as a result of the comments.
DEPARTMENT COMMENTS
Comments were received by the board from department staff and through discussion
during the board rules committee meeting on December 1, 2006. The board agreed
to the following changes to clarify intent and improve accuracy of the sections.
Change: Section 781.217(a)(8)(B) was modified by setting the fee to convert
an active license to inactive at $30 for the transaction and by setting the
fee to reactivate an inactive license at the current renewal fee for the license.
Change: Concerning §781.301(c) - (e) and §781.303(b) and (d),
the board agreed to a staff comment that the effective date did not coincide
with the end of the fiscal year, as intended, and the date of "August 1, 2007"
was changed to "August 31, 2007."
Change: Concerning §781.303(a)(1) and (2), an editorial revision of
"Board" to "board" was made to the paragraphs of this section.
Subchapter A. GENERAL PROVISIONS
22 TAC §781.102
STATUTORY AUTHORITY
The amendment is adopted under the Occupations Code, §505.201, which
authorizes the board to adopt rules necessary to perform the board's duties,
and to establish standards of conduct and ethics for license holders; by Occupations
Code, §505.203, which authorizes the board to set fees; and by Occupations
Code, §505.404, which requires the board to establish mandatory continuing
education requirements for license holders.
§781.102.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Accredited colleges or universities--An educational institution
that is accredited by an agency recognized by the Texas Higher Education Coordinating
Board.
(2)
Act--The Social Work Practice Act, Occupations Code, Chapter
505.
(3)
ALJ--A person within the State Office of Administrative
Hearings who conducts hearings under this chapter on behalf of the board.
(4)
Agency--A public or private employer, contractor or business
entity providing social work services.
(5)
AMEC--alternative method of examining competency, as referenced
in Occupations Code, §505.356(3).
(6)
APA--The Administrative Procedure Act, Government Code,
Chapter 2001.
(7)
Association of Social Work Boards (ASWB)--National organization
representing regulatory boards of social work. Administers the national examinations
utilized in the assessment for licensure.
(8)
Board--Texas State Board of Social Worker Examiners.
(9)
Case record--Any information related to a client and the
services provided to that client, however recorded and stored.
(10)
Client--An individual, family, couple, group or organization
that seeks or receives social work services from a person identified as a
social worker who is either licensed or unlicensed by the board. An individual,
family, couple, group or organization remains a client until the formal termination
of services.
(11)
Clinical social work--A specialty within the practice
of social work that requires the application of social work theory, knowledge,
methods, ethics, and the professional use of self to restore or enhance social,
psychosocial, or biopsychosocial functioning of individuals, couples, families,
groups, and/or persons who are adversely affected by social or psychosocial
stress or health impairment. The practice of Clinical Social Work requires
the application of specialized clinical knowledge and advanced clinical skills
in the areas of assessment, diagnosis, and treatment of mental, emotional,
and behavioral disorders, conditions and addictions, including severe mental
illness in adults and serious emotional disturbances in children. Treatment
methods include the provision of individual, marital, couple, family, and
group therapy and psychotherapy. Clinical social workers are qualified to
use the Diagnostic and Statistical Manual of Mental Disorders (DSM), the International
Classification of Diseases (ICD), and other diagnostic classification systems
in assessment, diagnosis, and other activities.
(12)
Clinical supervision--An interactional professional relationship
between a supervisor and a social worker that provides evaluation and direction
over the supervisee's practice of clinical social work and promotes continued
development of the social worker's knowledge, skills, and abilities to engage
in the practice of clinical social work in an ethical and competent manner.
(13)
Confidential information--Individually identifiable information
obtained from a client or records relating to a client, including the client's
identity, demographic information collected from an individual, that relates
to the past, present, or future physical or mental health or condition of
an individual; the provision of social work services to an individual; the
past, present, or future payment for the provision of social work services
to an individual; and identifies the individual or with respect to which there
is a reasonable basis to believe the information can be used to identify the
individual which is not discloseable under applicable law or court rules of
evidence. Client information is "confidential" if it is intended to be disclosed
to third persons to further the interest of the client in the diagnosis, examination,
evaluation, or treatment, or those reasonably necessary for the transmission
of the communication, or those who are participating in the diagnosis, examination,
evaluation, or treatment under the direction of the professional, including
members of the patient's family.
(14)
Completed application--The official social work application
form, fees and all supporting documentation which meets the criteria set out
in this title (relating to Required Application Materials).
(15)
Conditions of exchange--The setting of rates of reimbursement
or fee structure and business rules or policies involving issues such as cancellation
of appointments, office hours, and management of insurance claims.
(16)
Contested case--A proceeding in accordance with the APA
and this chapter, including, but not limited to, rule enforcement and licensing,
in which the legal rights, duties, or privileges of a party are to be determined
by the board after an opportunity for an adjudicative hearing.
(17)
Counseling--A method used by social workers to assist
individuals, couples, families or groups in learning how to solve problems
and make decisions about personal, health, social, educational, vocational,
financial, and other interpersonal concerns.
(18)
Consultation--To provide advice, opinions and to confer
with other professionals regarding social work practice.
(19)
Continuing education--Formal or informal education or
trainings, which are oriented to maintain, improve or enhance social work
practice.
(20)
Council on Social Work Education (CSWE)--The national
organization that accredits social work education schools and programs.
(21)
Department--Department of State Health Services.
(22)
Detrimental to the client--An act or omission of a professional
responsibility that is damaging to the physical, mental, or financial status
of the client.
(23)
Direct practice--The provision of services, research,
system linkage, system development, maintenance and enhancement of social
and psychosocial functioning of clients.
(24)
Dual relationship--Dual or multiple relationships occur
when social workers relate to clients in more than one capacity, whether it
be before, during or after the professional, social, or business relationship.
Dual or multiple relationships can occur simultaneously or consecutively.
(25)
Endorsement--The process whereby the board reviews requirements
for licensure completed while under the jurisdiction of a different regulatory
board from another state. The board may accept, deny or grant partial credit
for requirements completed in a different jurisdiction.
(26)
Examination--A standardized test or examination of social
work knowledge, skills and abilities, which has been approved by the board.
(27)
Exploitation--An unequal balance is inherent in the client/professional
relationship and may be present in the professional/professional relationship.
To use this power imbalance for the personal benefit of the professional at
the expense of the client or another professional is exploitation. Exploitation
may take financial, business, emotional, sexual, verbal, religious and/or
relational forms.
(28)
Exploitive behavior--A pattern, practice or scheme of
conduct that can reasonably be construed as being primarily for the purposes
of meeting the needs or being to the benefit of the social worker rather than
in the best interest of the client or at the expense of another professional.
Exploitation may take financial, business, emotional, sexual, verbal, religious
and/or relational forms.
(29)
Family systems--An open, on-going, goal-seeking, self-regulating,
social system. Certain features such as its unique structuring of gender,
race, nationality and generation set it apart from other social systems. Each
individual family system is shaped by its own particular structural features
(size, complexity, composition, life stage), the psychobiological characteristics
of its individual members (age, race, nationality, gender, fertility, sexual
orientation, health and temperament) and its socio-cultural and historic position
in its larger environment.
(30)
Formal hearing--A hearing or proceeding in accordance
with this chapter, including a contested case as defined in this section to
address the issues of a contested case.
(31)
Flagrant--Obviously inconsistent with what is right or
proper as to appear to be a flouting of law or morality.
(32)
Fraud--Any misrepresentation or omission by a social worker
related to professional qualifications, services, or related activities or
information that benefits the social worker.
(33)
Full-time experience--Social work services totaling 30
or more hours per week.
(34)
Group supervision--Supervision that involves a minimum
of two and no more than six supervisees in a supervision hour.
(35)
Health care professional--A licensee or any other person
licensed, certified, or registered by the State of Texas in a health related
profession.
(36)
Home study--A formal written evaluation or social study
to determine what is the best interest of a minor child or other dependent
person.
(37)
Independent clinical practice--The provision of clinical
social work in independent practice in which the social worker assumes responsibility
and accountability for the nature and quality of the services provided to
clients, pro bono or in exchange for direct payment or third party reimbursement.
(38)
Independent non-clinical practice--The practice of non-clinical
social work outside the jurisdiction of an organizational setting, after completion
of all applicable supervision requirements, in which the social worker assumes
responsibility and accountability for the nature and quality of the services
provided to clients, pro bono or in exchange for direct payment or third party
reimbursement.
(39)
Independent practice--The practice of social work services
outside the jurisdiction of an organizational setting, after completion of
all applicable supervision requirements, in which the social worker assumes
responsibility and accountability for the nature and quality of the services
provided to clients, pro bono or in exchange for direct payment or third party
reimbursement.
(40)
Indirect practice--Work on behalf of the client utilizing
negotiation, education, advocacy, administration, research, policy development
and resource location that does not involve immediate or personal contact
with the clients being served.
(41)
Individual supervision--Supervision of one supervisee
during the supervision session.
(42)
Investigator--A professional utilized by the board in
the investigation of allegations of professional misconduct.
(43)
LBSW--Licensed Baccalaureate Social Worker.
(44)
LCSW--Licensed Clinical Social Worker.
(45)
License--A regular, provisional, or temporary license
or recognition issued by the board unless the content of the rule indicates
otherwise.
(46)
Licensee--A person licensed or recognized by the board
to perform professional social work practice.
(47)
LMSW--Licensed Master Social Worker.
(48)
LMSW-AP--Licensed master social worker-advanced practitioner.
(49)
Non-clinical social work--The areas of social work practice
that include community organization, planning, administration, teaching, research,
administrative supervision, non-clinical consultation and other related social
work activities.
(50)
Part-time--Social work services totaling less than 30
hours per week.
(51)
Party--Each person, governmental agency, or officer or
employee of a governmental agency named by the ALJ as having a justiciable
interest in the matter being considered, or any person, governmental agency,
or officer or employee of a governmental agency meeting the requirements of
a party as prescribed by applicable law.
(52)
Persistently--Existing for a long or longer than usual
time or continuously.
(53)
Person--An individual, corporation, partnership, or other
legal entity.
(54)
Pleading--Any written allegation filed by a party concerning
its claim or position.
(55)
Psychotherapy--The use of treatment methods utilizing
a specialized, formal interaction between a clinical social worker and an
individual, couple, family, or group in which a therapeutic relationship is
established, maintained and sustained to understand intrapersonal, interpersonal
and psychosocial dynamics, and the diagnosis and treatment of mental, emotional,
and behavioral disorders, conditions and addictions.
(56)
Reciprocity--The granting of an official license based
on the current status of licensure in a different jurisdiction. Reciprocity
is granted based on the formal written agreement between the board and regulatory
body in the other jurisdiction.
(57)
Recognition--Authorization from the board to engage in
the independent or specialty practice of social work services.
(58)
Rules--Provisions in this chapter specifying the implementation
of statute and operations of the board and individuals affected by the Act.
(59)
Sexual contact--Any touching or behavior that can be construed
as sexual in nature.
(60)
Sexual exploitation--A pattern, practice or scheme of
exploitative behavior, which may include sexual contact.
(61)
Social Work Case Management--The use of a biopsychosocial
perspective to assess, evaluate, implement, monitor and advocate for services
on behalf of and in collaboration with the identified client.
(62)
Social worker--A person licensed under the Act.
(63)
Social work practice--Services and actions performed as
an employee, independent practitioner, consultant, or volunteer for compensation
or pro bono to effect changes in human behavior, a person's emotional responses,
interpersonal relationships, and the social conditions of individuals, families,
groups, organizations, and communities. For the purpose of this definition,
the practice of social work is guided by special knowledge, acquired through
formal social work education development and behavior within the context of
the social environment, and methods to enhance the functioning of individuals,
families, groups, communities, and social welfare organizations. Social work
practice involves the disciplined application of social work values, principles,
and methods, including psychotherapy, marriage and family therapy, couples
therapy, group therapy, case management, supervision of social work services,
counseling, assessment, and evaluation. Social work practice may also be referred
to as social work services, of social welfare policies and services, social
welfare systems and resources, human services.
(64)
Supportive counseling--The methods used by social worker
to help individuals create and maintain adaptive patterns. Such methods may
include building community resources and networks, linking clients with services
and resources, educating clients and informing the public, helping clients
identify and build strengths, leading community groups, and providing reassurance
and support. This type of social work is not considered clinical social work.
(65)
Supervisor, board approved--A person meeting the requirements
set out in §781.302 of this title (relating to Clinical Supervision for
LCSW and Non-Clinical Supervision for LMSW-AP and Independent Practice Recognition),
to supervise a licensee towards the LCSW, LMSW-AP or Independent Practice
recognition.
(66)
Supervision--The professional interaction between a supervisor
and a social worker in which the supervisor evaluates and directs the services
provided by the social worker and promotes continued development of the social
worker's knowledge, skills and abilities to provide social work services in
an ethical and competent manner.
(67)
Supervision hour--A supervision hour is a minimum of 60
minutes in length.
(68)
Telepractice--Interactive service delivery where the client
resides in one location and the professional in another.
(69)
Termination--The end of professional services, meetings,
and billing for services.
(70)
Texas Open Meetings Act--Government Code, Chapter 551.
(71)
Texas Public Information Act--Government Code, Chapter
552.
(72)
Waiver--The suspension of educational, professional, and/or
examination requirements for applicants who meet the criteria for licensure
under special conditions based on appeal to the board.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700421
Jeannie McGuire, LBSW
Chair
Texas State Board of Social Worker Examiners
Effective date: March 4, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §781.215, §781.217
STATUTORY AUTHORITY
The amendments are adopted under the Occupations Code, §505.201, which
authorizes the board to adopt rules necessary to perform the board's duties,
and to establish standards of conduct and ethics for license holders; by Occupations
Code, §505.203, which authorizes the board to set fees; and by Occupations
Code, §505.404, which requires the board to establish mandatory continuing
education requirements for license holders.
§781.217.Fees.
(a)
The following are the board's fees:
(1)
application fee for all licenses, approved supervisory
status, waiver of the experience requirement for independent practice recognition,
or specialty recognition--$20;
(2)
license fee for LBSW, or LMSW--$60 biennially;
(3)
renewal fee for LBSW or LMSW--$80 biennially;
(4)
license fee for LCSW--$100 biennially;
(5)
renewal fee for LCSW--$100 biennially;
(6)
additional license fee for specialty recognition (AP or
Independent Practice)--$20 biennially;
(7)
additional or replacement license fee--$10;
(8)
fee for late renewal:
(A)
1-90 days--renewal fee plus fee equal to one-half the current
contracted examination fee rounded to the nearest dollar amount; or
(B)
91 days, but less than one year--renewal fee plus fee equal
to the current contracted examination fee rounded to the nearest dollar amount;
(9)
inactive status conversion fee--$30;
(10)
reactivation from inactive status--renewal fee for license
and endorsements;
(11)
inactive status renewal fee--$30 biennially;
(12)
returned check fee--$25;
(13)
written license verification fee--$10 per verification
copy;
(14)
specialty license verification fee--$10 per verification
copy;
(15)
student loan default reinstatement fee--$35;
(16)
continuing education provider application fee--$50 annually;
(17)
delinquent child support administrative fee--$35;
(18)
legislatively mandated fees per licensee for the operation
of the Office of Patient Protection per application and renewal as legislatively
established;
(19)
legislatively mandated fees per licensee for the boards
participation in the Texas On-line per application and renewal as legislatively
established;
(20)
board approved supervisor fee--$25 annually;
(21)
AMEC participant administrative fee--Fee equal to the
current contract examination fee;
(22)
Petition for re-examination fee--$20 per petition; and
(23)
Temporary license fee--$30.
(b)
Fees paid to the board by applicants are not refundable
except in accordance with §781.305 of this title (relating to Application
for Licensure).
(c)
Remittances submitted to the board in payment of fees may
be in the form of a personal check, cashier's check, or money order; however,
repayment of funds after a returned check, including the returned check fee,
must be in the form of a cashier's check or money order.
(d)
A license which is issued by the board, but for which a
check is returned (for example, insufficient funds, account closed, or payment
stopped) is invalid. A license will be considered expired and the licensee
in violation of board rules until the receipt and processing of the renewal
fee and returned check fee by the board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 12, 2007.
TRD-200700422
Jeannie McGuire, LBSW
Chair
Texas State Board of Social Worker Examiners
Effective date: March 4, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§781.301 - 781.304, 781.306, 781.313, 781.314
STATUTORY AUTHORITY
The amendments are adopted under the Occupations Code, §505.201, which
authorizes the board to adopt rules necessary to perform the board's duties,
and to establish standards of conduct and ethics for license holders; by Occupations
Code, §505.203, which authorizes the board to set fees; and by Occupations
Code, §505.404, which requires the board to establish mandatory continuing
education requirements for license holders.
§781.301.Qualifications for Licensure.
(a)
The following education and experience is required for
the specified licenses and specialty recognitions:
(1)
Licensed Clinical Social Worker (LCSW).
(A)
Must be licensed as an LMSW.
(B)
Obtain 3000 hours of Board approved supervised professional
full-time clinical employment experience over a minimum two-year period, but
within a maximum four-year period or its equivalent if the experience was
completed in another state.
(C)
Complete a minimum of 100 hours of face-to-face supervision,
over the course of the 3000 hours of full-time experience, with a board-approved
supervisor. Supervised experience must have occurred within the five previous
calendar years occurring from the date of application.
(D)
Passing score on the clinical exam administered nationally
by ASWB.
(2)
Licensed Master Social Worker (LMSW).
(A)
A doctoral or master's degree in social work from a CSWE
accredited social work program.
(B)
Passing score on the intermediate or master's exam administered
nationally by ASWB.
(3)
Licensed Master Social Worker-Advanced Practitioner (LMSW-AP).
(A)
Must be licensed as an LMSW.
(B)
Obtain 3000 hours of Board approved supervised professional
full-time non-clinical employment experience over a minimum two-year period,
but within a maximum four-year period or its equivalent if the experience
was completed in another state.
(C)
Complete a minimum of 100 hours of face-to-face supervision,
over the course of the 3000 hours of full-time experience, with a board-approved
supervisor. Supervised experience must have occurred within the five previous
calendar years occurring from the date of application.
(D)
Passing score on the advanced or advanced generalist examination
administered nationally by ASWB.
(4)
Licensed Baccalaureate Social Worker (LBSW).
(A)
A baccalaureate degree in social work from a CSWE accredited
social work program.
(B)
Passing score on the basic or Bachelors exam administered
nationally by ASWB.
(b)
Only a person who is licensed and has been recognized by
the board as follows is qualified to provide clinical and non-clinical social
work services in employment or independent practice settings.
(1)
A LCSW may provide any clinical or non-clinical social
work services in either an employment or independent practice setting. A LCSW
may work under contract, bill directly for services, and bill third parties
for reimbursements for services.
(2)
A LMSW-AP may provide any non-clinical social work services
in either an employment or an independent practice setting. A LMSW-AP may
work under contract, bill directly for services, and bill third parties for
reimbursements for services.
(3)
A LBSW or LMSW recognized for independent practice may
provide any non-clinical social work services in either an employment or an
independent practice setting. A LBSW or LMSW recognized for independent practice
may work under contract, bill directly for services, and bill third parties
for reimbursements for services.
(4)
A LBSW or LMSW recognized for independent practice and
a LMSW-AP must restrict his or her independent practice to the provision of
non-clinical social work services.
(c)
After August 31, 2007, a licensee that had not submitted
an application for Independent Practice Recognition and an application for
waiver of supervised experience requirements, along with the appropriate fees
and supporting documentation and whose application is still pending must not
engage in any independent practice that falls within the definition of social
work practice in §781.102 of this title (relating to Definitions) without
being licensed and recognized by the board unless the person is licensed in
another profession and acting solely within the scope of that license. If
engaged in professional practice under another license, the person may not
use the titles "licensed clinical social worker," "licensed master social
worker," "licensed social worker," "licensed baccalaureate social worker,"
or "social work associate" or any other title or initials that states or implies
licensure or certification in social work unless one holds the appropriate
license or independent practice recognition.
(d)
After August 31, 2007, a LBSW or LMSW who is not recognized
for independent practice may not provide direct social work services to clients
from a location that she or he owns or leases and that is not owned or leased
by an employer or other legal entity with responsibility for the client. This
does not preclude in home services such as in home health care or the use
of telephones or other electronic media to provide services in an emergency.
(e)
After August 31, 2007, a LBSW or LMSW who is not recognized
for independent practice or is not exempt under subsection (c) of this section,
may only practice for remuneration in a direct employment or agency setting
and can not work under contract, bill directly to patients or to third party
payers, unless the LBSW or LMSW is under a formal supervision plan approved
by the board.
(f)
Applicants for a license must complete the board's jurisprudence
examination and submit proof of completion at the time of application. The
jurisprudence examination must have been completed no more than six months
prior to the date of application.
§781.303.Independent Practice Recognition.
(a)
A LBSW or LMSW who seeks to obtain board approval for the
recognition of independent practice shall meet requirements and parameters
set by the board.
(1)
To qualify for the recognition of independent practice,
as a LBSW, an individual, after licensure, shall obtain 3000 hours of board
approved supervised full-time experience over a minimum two-year period, but
within a maximum four-year period or its equivalent if the experience was
completed in another state. Supervised experience must have occurred within
the five previous calendar years occurring from the date of application.
(2)
To qualify for the recognition of independent practice,
as a LMSW, an individual, after licensure, shall obtain 3000 hours of board
approved supervised full-time experience over a minimum two-year period, but
within a maximum four-year period or its equivalent if the experience was
completed in another state. Supervised experience must have occurred within
the five previous calendar years occurring from the date of application.
(3)
To qualify for independent practice the licensee must complete
a minimum of 100 hours of face-to-face supervision, over the course of the
3000 hours of full-time experience, with a board approved supervisor. A licensee
who plans to apply for independent practice recognition shall:
(A)
submit a supervisory plan to the board for approval by
the appropriate committee of the board or executive director within 30 days
of initiating supervision. If the licensee fails to submit a supervisory plan,
then the licensee will need to submit documentation regarding dates, times
and summary of all supervisory sessions at the time the licensee makes application
for the upgrade.
(B)
submit a current job description from the agency the social
worker is employed in with a verification of authenticity from the agency
director or their designee on agency letterhead.
(C)
submit a supervision verification form to the board within
30 days of the end of each supervisory plan with each supervisor. If the supervisor
does not recommend the supervisee for recognition as an independent practice,
the supervisor must provide specific reasons for not recommending the supervisee.
The board may consider the supervisor's reservations in its evaluation of
qualifications of the supervisee.
(D)
submit a new supervisory plan within 30 days of changing
supervisors.
(E)
An individual providing supervision to a LBSW shall be
a LBSW, LMSW, LMSW-AP or LCSW. An individual providing supervision to a LMSW
shall be a LMSW, LMSW-AP or LCSW. In addition to the required licensure, the
supervisor shall be board-approved and have attained the recognition of independent
practice.
(4)
A person who has obtained only the temporary license may
not begin the supervision process until the issuance of the regular license.
(5)
The board may use the twenty common law factors developed
by the Internal Revenue Service (IRS) as part of their determination process
regarding whether a worker is an independent contractor or an employee.
(A)
No instructions to accomplish a job.
(B)
No training by the hiring company.
(C)
Others can be hired by the independent contractor (sub-contracting).
(D)
Independent contractor's work is not essential to the company's
success or continuation.
(E)
No time clock.
(F)
No permanent relationship between the contractor and company.
(G)
Independent contractors control their own workers.
(H)
Independent contractor should have enough time available
to pursue other jobs.
(I)
Independent contractor determines location of work.
(J)
Independent contractor determines order of work.
(K)
No interim reports.
(L)
No hourly pay.
(M)
Independent contractor often works for multiple firms.
(N)
Independent contractor is often responsible for own business
expenses.
(O)
Own tools.
(P)
Significant investment.
(Q)
Services available to the public by having an office and
assistants; having business signs; having a business license; listing their
services in a business directory; or advertising their services.
(R)
Profit or loss possibilities.
(S)
Can't be fired.
(T)
No compensation if the job isn't done.
(b)
A LBSW or LMSW who seeks to obtain a waiver of the supervision
and experience requirement for independent practice recognition as set forth
by the board in subsection (a)(1) - (3) of this section must submit an application
for licensure/upgrade/specialty recognition and the Special Application For
Waiver of Supervision and Experience Requirements, along with required documentation
and the application fees no later than August 31, 2007. An application for
waiver will be evaluated and either approved or denied. No partial credit
will be given toward the supervised experience requirement, if an application
for the waiver is denied. In order to be granted the waiver, the LBSW or LMSW
must fully meet the following requirements and parameters set by the board:
(1)
two years full time (paid or voluntary) social work experience
while fully licensed as a social worker under the supervision of a licensed
social worker (LCSW, LMSW-AP, LMSW, LBSW);
(2)
three years full time (paid or voluntary) social work experience
while fully licensed as a social worker under the supervision of a licensed
mental health professional (LCSW, LMSW-AP, LMSW, LBSW, LMFT, LPC, LCDC, Psychologist,
Psychiatrist, Psychiatric Nurse or other mental health professional accepted
by the board);
(3)
four years full time (paid or voluntary) social work experience
while fully licensed as a social worker in an agency setting with or without
the supervision of a licensed mental health professional; or
(4)
four years full time (paid or voluntary) social work experience
while fully licensed as a social worker without supervision in a setting that
meets the criteria in subsection (a)(5) of this section.
(c)
An applicant may appeal staff decision regarding their
qualifications toward the waiver to the appropriate board committee within
30 days of receipt of staff decision. The decision of the board committee
is final.
(d)
A LBSW or LMSW who applies for the independent practice
recognition and the waiver of experience requirements before August 31, 2007,
must cease and desist independent practice immediately if his or her application
for the waiver of the supervised experience requirement is finally denied.
An LBSW or LMSW whose application has been denied may practice independently
when a supervision plan for independent practice has been approved by the
board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 12, 2007.
TRD-200700423
Jeannie McGuire, LBSW
Chair
Texas State Board of Social Worker Examiners
Effective date: March 4, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§781.402, 781.405, 781.409, 781.413, 781.414
STATUTORY AUTHORITY
The amendments are adopted under the Occupations Code, §505.201, which
authorizes the board to adopt rules necessary to perform the board's duties,
and to establish standards of conduct and ethics for license holders; by Occupations
Code, §505.203, which authorizes the board to set fees; and by Occupations
Code, §505.404, which requires the board to establish mandatory continuing
education requirements for license holders.
§781.402.The Practice of Professional Social Work.
(a)
Practice of Baccalaureate Social Work--The application
of social work theory, knowledge, methods, ethics and the professional use
of self to restore or enhance social, psychosocial, or biopsychosocial functioning
of individuals, couples, families, groups, organizations and communities.
Baccalaureate Social Work is basic generalist practice that includes interviewing,
assessment, planning, intervention, evaluation, case management, mediation,
counseling, supportive counseling, direct practice, information and referral,
problem solving, supervision, consultation, education, advocacy, community
organization and the development, implementation, and administration of policies,
programs and activities.
(b)
Practice of Clinical Social Work--A specialty within the
practice of social work that requires the application of social work theory,
knowledge, methods, ethics, and the professional use of self to restore or
enhance social, psychosocial, or biopsychosocial functioning of individuals,
couples, families, groups, and/or persons who are adversely affected by social
or psychosocial stress or health impairment. The practice of Clinical Social
Work requires the application of specialized clinical knowledge and advanced
clinical skills in the areas of assessment, diagnosis, and treatment of mental,
emotional, and behavioral disorders, conditions and addictions, including
severe mental illness in adults and serious emotional disturbances in children.
The practice of Clinical Social Work acknowledges the practitioners ability
to engage in Baccalaureate Social Work practice and Master's Social Work Practice.
Treatment methods include the provision of individual, marital, couple, family,
and group therapy mediation, counseling, supportive counseling, direct practice,
and psychotherapy. Clinical social workers are qualified to use the Diagnostic
and Statistical Manual of Mental Disorders (DSM), the International Classification
of Diseases (ICD), and other diagnostic classification systems in assessment,
diagnosis, and other activities. The practice of Clinical Social Work may
include independent clinical practice and the provision of clinical supervision.
(c)
Practice of Master's Social Work--is the application of
social work theory, knowledge, methods and ethics and the professional use
of self to restore or enhance social, psychosocial, or biopsychosocial functioning
of individuals, couples, families, groups, organizations and communities.
Master's Social Work practice requires the application of specialized knowledge
and advanced practice skills in the areas of assessment, treatment planning,
implementation and evaluation, case management, mediation, counseling, supportive
counseling, direct practice, information and referral, supervision, consultation,
education, research, advocacy, community organization and the development,
implementation, and administration of policies, programs and activities. The
Practice of Master's Social Work may include the Practice of Clinical Social
Work under clinical supervision. The practice of Master's Social Work acknowledges
the practitioners ability to engage in Baccalaureate Social Work practice.
(d)
Independent Non-Clinical Practice --The practice of non-clinical
social work outside the jurisdiction of an organizational setting, after completion
of all applicable supervision requirements, in which the social worker assumes
responsibility and accountability for the nature and quality of the services
provided to clients, pro bono or in exchange for direct payment or third party
reimbursement.
(e)
Independent Clinical Practice--The provision of clinical
social work in independent practice wherein the in which the social worker
assumes responsibility and accountability for the nature and quality of the
services provided to clients, pro bono or in exchange for direct payment or
third party reimbursement.
§781.414.Consumer Information.
(a)
A licensee shall inform each client of the name, address,
and telephone number of the board for the purpose of reporting violations
of the Act or this chapter:
(1)
on each registration form;
(2)
on each application;
(3)
on a written contract for services;
(4)
on a sign prominently displayed in each place of business;
or
(5)
in a bill for services provided.
(b)
The board shall make consumer information available to
the public.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 12, 2007.
TRD-200700424
Jeannie McGuire, LBSW
Chair
Texas State Board of Social Worker Examiners
Effective date: March 4, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §§781.508, 781.511 - 781.514, 781.516, 781.517
STATUTORY AUTHORITY
The amendments and new sections are adopted under the Occupations Code, §505.201,
which authorizes the board to adopt rules necessary to perform the board's
duties, and to establish standards of conduct and ethics for license holders;
by Occupations Code, §505.203, which authorizes the board to set fees;
and by Occupations Code, §505.404, which requires the board to establish
mandatory continuing education requirements for license holders.
§781.508.Hour Requirements for Continuing Education.
(a)
A licensee must complete a total of 30 clock-hours of continuing
education biennially obtained from board approved continuing education providers.
(b)
As part of the required 30 clock-hours, a licensee must
complete a minimum of six clock-hours of continuing education in professional
ethics and social work values during the biennial renewal period.
(c)
A clock-hour is defined as 60 minutes of standard time.
(d)
A licensee may earn credit for ethics as a presenter or
a participant.
(e)
On petition by a licensee, the executive director may waive
part, but not all, of the continuing education renewal requirements for good
and just cause or may permit the licensee an additional period of time in
which to complete all continuing education requirements. In all cases, the
decision of the executive director may be appealed to the board. Should the
board overturn the decision of the executive director, the board may elect
to waive the late fees accrued or determine that the late fees should be paid
by the licensee. Should the decision of the executive director be upheld by
the board and the licensee be denied in the appeal, all late fees accrued
will apply.
§781.512.Evaluation of Continuing Education Providers.
(a)
The board may evaluate any approved provider or applicant
at any time to ensure compliance with requirements of this section.
(b)
Department staff shall audit approved continuing education
providers on a regular basis and shall report the audit results to the board.
During the audit, staff shall request documentation from the continuing education
provider regarding compliance with §781.511 of this title (relating to
Requirements for Continuing Education Providers).
(c)
Department staff shall notify a continuing education provider
of the results of an audit. If the continuing education provider is determined
to be in non-compliance, the provider shall implement a plan of correction
to address audit deficiencies. Documentation that corrective measures have
been taken shall be submitted to the board within 30 days of the date of the
board's notice regarding the need for corrective action.
(d)
The board shall review the approval status of continuing
education providers that are not in compliance and that have not taken corrective
action.
(e)
The board may rescind the approval status of a continuing
education provider.
(f)
Complaints regarding continuing education programs offered
by approved continuing education providers may be submitted in writing to
the executive director. Complaints may result in an audit of a continuing
education provider and may be referred to the appropriate committee of the
board for appropriate action.
(g)
A provider whose approval status has been rescinded by
the board may reapply for approval on or after the 91st day following the
board action. The provider must provide documentation that corrective action
has been taken and that the provider's programs will be presented in compliance
with §781.511 of this title. An appropriate committee of the board shall
review reapplication by a formerly denied continuing education provider.
(h)
Continuing education hours received from a provider whose
approval has been rescinded or denied by the board but accepted by another
licensing or approval entity shall not be acceptable for use of renewal of
the social worker license.
(i)
Continuing education hours received from providers who
failed to meet the renewal requirements of the board shall not be acceptable
for use in the renewal of the social worker's license.
(j)
Fees paid by a provider whose approval has been rescinded
or denied are non-refundable.
§781.513.Acceptance of Continuing Education Approved by Another Licensing Board.
(a)
A licensee may request in writing that the board consider
approval of continuing education hours provided by a non-approved provider.
The licensee shall submit documentation as specified in §781.511(e) of
this title (relating to Requirements for Continuing Education Providers) for
the board to review and a fee equal to the continuing education provider application
fee.
(b)
The executive director will review the documentation and
notify the licensee in writing whether the program(s) are acceptable as credit
hours. In all cases, the decision of the executive director may be appealed
to the board.
§781.516.Requirements of Supervisor Training Course Providers.
(a)
A supervisor training course provider must be an approved
continuing education provider or exempt under §781.511 of this title
(relating to Requirements for Continuing Education Providers) to apply for
approval as a supervisor training course provider.
(b)
A supervisor training course provider must be approved
under this section to offer supervisor training courses.
(c)
A provider seeking approval as a supervisor training course
provider shall file an application on board forms. The board shall maintain
a list of supervisor training course providers and make the list available
to licensees on the board's web site.
(d)
The applicant shall certify on the application that:
(1)
all supervisor training courses offered by the supervisor
training course provider for credit from the board will comply with the criteria
in this section; and
(2)
the supervisor training course provider will be responsible
for verifying attendance at each program and provide a certificate of attendance
as set forth in subsection (j) of this section.
(e)
A supervisor training course offered for credit from the
board shall:
(1)
provide the recipient of the training with the professional
skills and knowledge necessary to for the recipient to fulfill the supervision
duties expected by the board in supervisory roles authorized by the board;
(2)
be developed and presented by persons who are appropriately
knowledgeable in the subject matter of the program and training techniques;
and
(3)
specify the course objectives, course content, and teaching
methods to be used.
(f)
The supervisor training course provider must document each
course's compliance with subsection (d) of this section and maintain that
documentation for a period of three years.
(g)
The board will review the supervisor training course provider
application, notify the applicant of any deficiencies or grant approval, and
indicate the supervisor training course provider approval number to be noted
on all certificates of attendance. In order to be approved, an applicant must
demonstrate compliance with the board's course content guidelines.
(h)
Each supervisor training course shall provide a mechanism
for evaluation of the program by the participants. The evaluation may be completed
on-site immediately following the program presentation or an evaluation questionnaire
may be distributed to participants to be completed and returned to the supervisor
training course provider by mail. The supervisor training course provider
and the instructor, together, shall review the evaluation outcomes and revise
subsequent programs accordingly. The supervisor training course provider shall
keep all evaluations for three years and allow the board to review the evaluations
on request.
(i)
A supervisor training course provider maintains approval
by the board until the provider elects to be removed as an approved provider,
as long as the provider has maintained status as a continuing education provider,
or is exempt, and as long as the provider's approval status has not been rescinded
by the board.
(j)
It shall be the responsibility of a supervisor training
course provider to provide each participant in a program with a legible certificate
of attendance following the completion of the course. The certificate of attendance
shall contain:
(1)
the name of the supervisor training course provider and
approval number;
(2)
the name of the participant;
(3)
the title of the program;
(4)
the date and place of the program;
(5)
the signature of the supervisor training course provider
or its representative; and
(6)
board contact information.
(k)
The supervisor training course provider shall maintain
attendance records for not less than three years.
(l)
The supervisor training course provider shall be responsible
for assuring that no licensee receives credit unless the participant actually
attended the program and demonstrated competency in the training objectives.
§781.517.Evaluation of Supervisor Training Course Providers.
(a)
The board may evaluate any approved supervisor training
provider at any time to ensure compliance with requirements of this section.
(b)
Department staff shall audit approved supervisor training
courses on a regular basis and shall report the audit results to a board committee.
During the audit, staff shall request documentation from the supervisor training
provider regarding compliance with §781.516 of this title (relating to
Requirements of Supervisor Training Course Providers).
(c)
Department staff shall notify supervisor training providers
of the results of the audit. If the supervisor training provider is determined
to be in non-compliance, the provider shall implement a plan of correction
to address audit deficiencies. Documentation that corrective measures have
been taken shall be submitted to the board within 30 days of the date of the
board's notice regarding the need for corrective action.
(d)
The board shall review the approval status of supervisor
training providers that are not in compliance and that have not taken corrective
action.
(e)
The board may rescind the approval status of a supervisor
training provider.
(f)
Complaints regarding supervisor training courses offered
by approved supervisor training providers may be submitted in writing to the
executive director. Complaints may result in an audit of a supervisor training
course provider and may be referred to the board for appropriate action.
(g)
A supervisor training course provider whose approval status
has been rescinded by the board may reapply on or after the 91st day following
the board action. The provider must provide documentation that the corrective
action has been taken and that the provider's courses will be presented in
compliance with §781.516 of this title.
(h)
Supervisory Training received from a provider whose approval
status has been rescinded or denied by the board but accepted by another licensing
or approval entity shall not be acceptable for use toward the requirements
of §781.304 of this title (relating to Recognition as a Board Approved
Supervisor and Supervision Process).
(i)
Supervisory training received from a provider shall not
be acceptable toward the requirements of §781.304 of this title if the
provider has not maintained approval status with the board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 12, 2007.
TRD-200700425
Jeannie McGuire, LBSW
Chair
Texas State Board of Social Worker Examiners
Effective date: March 4, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §781.604, §781.605
STATUTORY AUTHORITY
The amendments are adopted under the Occupations Code, §505.201, which
authorizes the board to adopt rules necessary to perform the board's duties,
and to establish standards of conduct and ethics for license holders; by Occupations
Code, §505.203, which authorizes the board to set fees; and by Occupations
Code, §505.404, which requires the board to establish mandatory continuing
education requirements for license holders.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 12, 2007.
TRD-200700426
Jeannie McGuire, LBSW
Chair
Texas State Board of Social Worker Examiners
Effective date: March 4, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 458-7111 x6972
22 TAC §781.806
STATUTORY AUTHORITY
The amendment is adopted under the Occupations Code, §505.201, which
authorizes the board to adopt rules necessary to perform the board's duties,
and to establish standards of conduct and ethics for license holders; by Occupations
Code, §505.203, which authorizes the board to set fees; and by Occupations
Code, §505.404, which requires the board to establish mandatory continuing
education requirements for license holders.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 12, 2007.
TRD-200700427
Jeannie McGuire, LBSW
Chair
Texas State Board of Social Worker Examiners
Effective date: March 4, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 458-7111 x6972
Chapter 821.
ORTHOTICS AND PROSTHETICS
Subchapter B. THE BOARD
Subchapter C. LICENSES AND LICENSING PROCESS
Subchapter D. CODE OF CONDUCT AND PROFESSIONAL STANDARDS OF PRACTICE
Subchapter E. LICENSE RENEWAL AND CONTINUING EDUCATION
Subchapter F. COMPLAINTS AND VIOLATIONS
Subchapter H. SANCTION GUIDELINES
Part 37.
TEXAS BOARD OF ORTHOTICS AND PROSTHETICS