Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 105.
ALTERNATIVE DENTAL HYGIENE TRAINING PROGRAM
22 TAC §§105.1 - 105.4
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Dental Examiners (Board)
proposes the repeal of 22 TAC Chapter 105, §§105.1 - 105.4, concerning
the Alternative Dental Hygiene Training Program.
These regulations arise from Texas Occupations Code §256.0531, which,
via a confusingly duplicative use of terminology, requires that the Board
adopt and develop an "Alternative Dental Hygiene Training Program" that would
govern "Alternative Dental Hygiene Training Programs" developed and submitted
by dentists or dental hygienists wishing to provide such training. In turn,
House Bill 3507, §3.03, 77th Legislature, 2001, which enacted §256.0531,
also provides that "the program" (presumably meaning any program developed
and submitted to the Board) must be accredited by the Commission on Dental
Accreditation by December 31, 2004, or the "program" (the Board's program)
expires.
As no programs were ever so accredited, any programs and therefore the
Board's program therefore expired on December 31, 2004.
Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that there will be no fiscal implications for local or state
government, anticipated economic cost to persons, anticipated local employment
impact, public benefit, fiscal implications for small or large businesses,
or adverse economic impacts on small or large businesses as a result of the
repeal.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed., Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that the proposal is published in the
Texas Register
.
The repeal is proposed under Texas Government Code §§2001.021,
et seq; Texas Civil Statutes, Texas Occupations Code §254.001, which
provides the Board with the authority to adopt and enforce rules necessary
for it to perform its duties, and House Bill 3507, §3.03, 77th Legislature,
2001, which provides for the expiration of the Alternative Dental Hygiene
Training Program.
The proposed repeal affects Title 3, Subtitle D of the Texas Occupations
Code and Texas Administrative Code, Title 22, Chapters 101 - 125.
§105.1.Definitions.
§105.2.Licensure Qualifications.
§105.3.Requirements for Alternative Dental Hygiene Training Programs.
§105.4.Program Instructors.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 6, 2005.
TRD-200501842
Fread Houston
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 475-0987
Chapter 341.
LICENSE RENEWAL
22 TAC §341.1
The Texas Board of Physical Therapy Examiners proposes amendments
to §341.1, concerning Requirements for Renewal. The changes will update
the rule to reflect the addition of the online renewal application and related
changes to board procedures.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also has determined that, for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be the assurance that licensees have clear guidance on what
to expect regarding renewal procedures. There will be no effect on small businesses,
and no economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by these
amendments.
§341.1.Requirements for Renewal.
(a)
Biennial renewal. Licensees are required to renew their
licenses every two years by the end of the month in which they were originally
licensed. A licensee may not provide physical therapy services without a current
license or renewal certificate in hand. If a license expires after all required
items are submitted, but before the licensee receives the renewal certificate,
the licensee may not provide physical therapy services.
(b)
General requirements. The renewal application is not complete
until all required items are received by the board. The components required
for license renewal are:
(1)
a signed renewal application form
or the online equivalent
, documenting completion of board-approved continuing education (CE),
as described in §341.2 of this title, concerning Continuing Education;
(2)
the renewal fee, and any late fees which may be due; and
(3)
a passing score on the jurisprudence examination.
(c)
Notification of license expiration. The board will
send notification
[
(d)
Late renewal. A renewal application is late if all required
items are not postmarked prior to the expiration date of the license. Licensees
who do not submit all required items prior to the expiration date are subject
to late fees as described.
(1)
If the license has been expired for 90 days or less, the
late fee is one-half of the examination fee for the license.
(2)
If the license has been expired for more than 90 days but
less than one year, the late fee is equal to the examination fee for the license.
Licensees who are more than 90 days late in renewing a license are not included
in the audit, and must submit documentation of continuing education at time
of renewal.
(3)
If the license has been expired for one year or longer,
the person may not renew the license. To obtain a new license, the applicant
must take and pass the national examination again and comply with the requirements
and procedures for obtaining an original license set by §329.1 of this
title (relating to General Licensure Procedure).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 6, 2005.
TRD-200501811
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational
Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 305-6900
22 TAC §341.20
The Texas Board of Physical Therapy Examiners proposes amendments
to §341.20, concerning Licensees Called to Active Military Service. The
changes would extend the waiver of continuing education to all licensees who
are called to active duty while serving in the military reserves, and clarifies
how the waiver will be applied.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also has determined that, for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be the assurance that licensees in the reserves who are called
to active military service will not be penalized for that service. There will
be no effect on small businesses, and no economic cost to persons having to
comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by these
amendments.
§341.20.Licensees Called to Active Military Service.
(a)
Renewal. A licensee who is a member of the reserves and
called to active military service must submit renewal fees within 90 days
after active service has ended if their license expired within the months
of active service. The regular renewal month will not change. The licensee
must submit
official documentation
[
(b)
Continuing education units
(CEUs).
(1)
A licensee who is a member of the reserves and
called to active military service will have his/her CEUs prorated in proportion
to the number of months of documented active service.
(2)
A licensee whose license expires during the
period of active service will be given a complete waiver of CEUs for the past
renewal period, and CEUs for months of documented active service in the current
renewal cycle will be prorated.
(3)
All licensees must take two hours of board-approved
programs in ethics and professional responsibility as part of their total
CE requirement, which cannot be prorated.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 6, 2005.
TRD-200501812
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational
Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 305-6900
Chapter 781.
SOCIAL WORKER LICENSURE
The Texas State Board of Social Worker Examiners proposes the repeal
of §§781.101, 781.102, 781.201 - 781.217, 781.301 - 781.315, 781.401,
781.402, 781.501 - 781.514, 781.601 - 781.610, 781.701 - 781.707, 781.801
- 781.807 and new §§781.101, 781.102, 781.201 - 781.217, 781.301
- 781.317, 781.401 - 781.418, 781.501 - 781.515, 781.601 - 781.610, 781.701
- 781.707, and 781.801 - 781.807, concerning the licensing of social workers.
Government Code, §2001.039, requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Sections 781.101,
781.102, 781.201 - 781.217, 781.301 - 781.315, 781.401, 781.402, 781.501 -
781.514, 781.601 - 781.610, 781.701 - 781.707, and 781.801 - 781.807 have
been reviewed and the board has determined that the reasons for adopting the
sections continue to exist in that rules concerning the licensing and regulation
of social workers are still needed; however, the rules will be repealed and
proposed as new rules as described in this preamble.
The proposed repeals and new sections are a result of comprehensive rule
review undertaken by the board, identified stakeholder groups and the board's
staff as a result of the passage of Senate Bill (SB) 810 in the 78th Regular
Session of the Texas Legislature. This legislation was the result of a taskforce
of stakeholders groups and the board in response to House Bill (HB) 3365 of
the 77th Regular Session of the Texas Legislature regarding the independent
practice of social work. SB 810 created new categories of social worker licensure,
abolishing the Social Worker Associate category, a statute of limitations
on complaints and modified requirements for board membership based on licensing
categories and the creation of independent practices status for all levels
of licensure.
In general, the board and stakeholder group representatives reviewed each
section and proposed the repeal, readoption or revision of each section in
order to ensure appropriate subchapter, section and paragraph organization;
to modify rules in accordance with legislative changes impacting social work
practice; to ensure clarity and improve spelling, grammar and punctuation;
to ensure that the rules reflect current legal and policy considerations;
to ensure accuracy of legal citations, eliminate unnecessary catch-titles,
and eliminate repetitive use of long titles for terms that have been assigned
short titles by definition; to delete repetitive, obsolete, unenforceable
or unnecessary language; to improve draftsmanship; and to make the rules more
understandable and usable.
The following changes are proposed relating to the repeal and readoption
of Subchapter A (relating to General Provisions).
No changes are proposed to §781.102(1) - (5). These definitions are
determined by review as necessary to the regulation of social work and are
proposed for readoption.
Regarding §781.102(6) "Association of Social Work Board (ASWB)" is
proposed as necessary to provide definition of the association which is owner
of the national exam utilized by the board for licensure eligibility. The
definition provides guidance to the public, applicants and stakeholders as
to the meaning of the term.
A substantial revision was made to the following terms defined in §781.102:
Client; Confidential Information; and Exploitive Behavior. The revisions better
define the terms. The definitions provides better guidance and understanding
to the public, applicants, and stakeholders as to the meaning of the terms.
A substantial revision to the definition of "Clinical Social Work" is necessary
and definition §781.102(10) is proposed. The new definition is more in
line with national standards for the definition of clinical social work and
provides better guidance and understanding to the public, applicants, licensees
and stakeholders on clinical social work in Texas.
New definitions of the following terms are proposed in §781.102: Clinical
Supervision; Completed Application; Contested Case; Counseling; Consultation;
Continuing Education; Direct Practice; Endorsement; Examination; Exploitation;
Family System; Formal Hearing; Group Supervision; Health Care Professional;
Home Study; Independent Practice; Indirect Practice; Individual Supervision;
Investigator; LBSW; LCSW; Party; Person; Pleading; Psychotherapy; Reciprocity;
Rules; Social Work Case Management; Social Work Practice; Supportive Counseling;
Supervisor; Supervision Hour; Telepractice; Texas Open Meetings Act; Texas
Public Information Act; and Waiver. The new definitions clarify clinical terms
and provides better guidance and understanding to the public, licensees, applicants
and stakeholders as to the meaning of the term.
The definitions of the following terms in §781.102 were renumbered
to maintain alphabetical order: Detrimental to the Client; Dual Relationship;
Flagrant; Fraud; Full-time Experience; License; Licensee; LMSW; LMSW-ACP;
LMSW-AP; LSW; Non-clinical Social Work; Part-time; Persistently; Recognition;
Sexual Contact; Social Worker; Supervision; SWA; and Termination.
The definition of the "Department of State Health Services" is proposed
to be changed due to the change of name from the "Texas Department of Health"
and is renumbered alphabetically at §781.102(19).
The definition of "Private Independent Practice" is repealed as part of
the creation of independent practice at all levels of licensure.
The definitions of "Professional Social Work Practice" and "Sexually Exploitive
Behavior" are repealed and replaced in §781.102, respectively by the
new definitions of "Social Work Practice" and "Sexual Exploitation." The new
definitions clarify the terms and provides better guidance and understanding
to the public, licensees, applicants, and stakeholders as to the meaning of
the term.
The following changes are proposed relating to the repeal and readoption
of Subchapter B (relating to The Board).
No substantive changes are proposed to §§781.201 - 781.216. These
definitions are determined by review as necessary to the regulation of social
work and are proposed for readoption. The sections and format were standardized.
Section 781.217 is proposed for modification based on new fees and categories
of licensure and the requirement for biennial renewal based on the passage
of HB 2292 in the 78th Legislative Session, Regular Session, 2003.
Section 781.217(2), (3), (4), (5), and (9) are proposed to reflect the
new categories of licensure and biennial renewal of licenses.
Section 781.217(11) and (12) are proposed for the written verification
of licenses and specialty licenses. Members of the public, licensees and stakeholder
groups can verify a license without cost on the board's Internet website.
Section 781.217(16) and (17) are proposed to insure compliance with the
collection of mandated fees required by state law.
Section 781.217(18) is proposed for better tracking of those individuals
providing approved supervisor services and to provide regular contact with
the board regarding those services.
Section 781.217(19) is proposed as part of the requirements of §781.313
of this title.
Section 781.217(20) is proposed as part of the process for approval to
sit for re-examination after failing the required exam. The fee will provide
better guidance to ensure only those applicants who are eligible will be able
to sit for re-examination.
Section 781.217(21) is proposed as a new fee as part of the process to
apply for temporary licensure.
The following changes are proposed relating to the repeal and readoption
of Subchapter C (relating to Licenses and Licensing Process). Several new
subsections are proposed and a reformatting of the Subchapter is proposed
for better paragraph outline and structure.
Section 781.301(a)(1) and (3) create requirements for licensure. The section
outlines the changes of required supervise experience from being tracked in
months to hours and the required supervision to be received for the licensed
clinical social worker license and the licensed master social worker-advanced
practitioner recognition. The section also establishes time frames in which
the supervised experience must occur.
Section 781.301(a)(4) reflects the change in category from licensed social
worker to licensed baccalaureate social worker.
Section 781.301(a)(5) is repealed, as the social worker associate (SWA)
category is no longer included by statute (Occupations Code, Chapter 505).
Section 781.301(a)(5) reflects the changes in the license categories as
well as the authorization for licensees recognized for independent practice
to engage in such practice. The section also defines the independent practice
of an LCSW, LBSW, LMSW and LMSW-AP.
Section 781.302 clarifies the process for supervision and reflects the
new license categories.
New §781.303 is proposed to establish the criteria for achieving the
independent practice recognition including supervision and experience. The
section also establishes time frames in which the supervision must be completed.
The section also establishes the criteria to be used by the board in identifying
independent practice.
New §781.304 concerns the recognition of supervisors at all levels
of licensure. The process outlines the requirements to become an approved
supervisor and the requirements of the supervisory process. The section clarifies
the supervision process for licensees and applicants. New to this process
is the requirement that all approved supervisors complete the approved supervisor-training
course prior to being approved by the board. Additionally the approved supervisor
will pay the required fee.
Section 781.305 proposes changes to reduce the time between when an applicant
applies and when the application lapses to 12 months. This changes reflects
more national standards with social worker licensing application and national
testing guidelines. The section also reflects the changes in licensing categories.
Section 781.311 reflects the changes in license categories.
Section 781.312(c) proposes that an applicant who fails the exam must wait
the required timeframe and petition the board for reexamination.
Section 781.313 outlines changes to the Alternative Method of Examining
Competency Program. These changes include a reduction in fail scores from
10 points of passing to 5 points of passing. The change also outlines the
requirements for the professional portfolio to be created as part of the program
participation. Additionally, minimum and maximum time frames for program participation
are established.
The following changes are proposed relating to the repeal and readoption
of Subchapter D (relating to Code of Conduct and Professional Standards of
Practice). Several new subsections are proposed and a reformatting of the
Subchapter is proposed for better paragraph outline and structure. The renaming
of §781.401 and complete revision of §781.402, change the current
litany of standards to better define subsections clarifying the standards
of practice.
It is proposed to change the title of Subchapter D to "Code of Conduct
and Professional Standards of Practice" in lieu of "Code of Ethics and Professional
Standards of Practice" to better reflect the actions of the subchapter along
with other proposed changes.
Section 781.401 will, by the change of name to "Code of Conduct," distinguish
the board's code apart from the "Code of Ethics" of any professional, public,
licensee, or stakeholder group. The term clarifies the section and provides
better guidance and understanding to the public, licensees, applicants and
stakeholders as to the meaning of the term. No change to content of the code
is proposed.
New §781.402 is titled the "Standards of Practice of Professional
Social Work." The section clarifies the practice of social work at each category
of licensure. The section also repeats the definitions of independent practice
and private practice as proposed in §781.102 to assist the public, licensees
and stakeholders in their meaning in relation to the standards of practice
of professional social work.
New §781.403 regards the general standards of social work practice.
The section provides general standards for practice of social work at all
levels and in all environments.
New §781.404 regards the relationships between social workers and
clients. The section defines the length of time client records shall be retained
and places structure and limits on the relationships between social workers
and their clients.
New §781.405 defines sexual misconduct. The section clarifies the
prohibition of sexual relationship between social workers and clients and
provides requirements to report such actions in accordance with state law.
New §781.406 regards professional representation. The section clarifies
the actions of fraud or deceptive or misleading services of social workers.
New §781.407 regards the use of diagnostic devices aiding in the assessment,
diagnosis and treatment of clients.
New §781.408 defines the use of alcohol and drugs in the scope of
professional practice of social work.
New §781.409 regards the client record and the retention of the client
record. The section better defines the responsibility of the social worker
regarding the creation, maintenance and retention of client records.
New §781.410 regards billing and financial relationships. The section
clarifies the fiduciary relationship of social work practice and the responsibilities
of social workers in billing practices.
New §781.411 regards client confidentiality. The section clarifies
the social workers responsibility in complying with confidentiality requirements
of various laws and practice standards. The section also clarifies reporting
requirements regarding child abuse, abuse of elderly or disable persons and
sexual exploitation by a mental health services provider. The section further
clarifies opportunities to report to medical or law enforcement personnel
the probability of imminent harm or danger in compliance with state law.
New §781.412 regards the relationship between licensees and the board.
The section requires reports to the board and timeframes for those reports.
New §781.413 regards assumed names. The section clarifies the use
of business or agency names used in the creation of practice of social work.
New §781.414 regards consumer information. The section mandates information
to be provided to clients of social workers by the social work and the board
for the purpose of complaints.
New §781.415 regards the requirement to display the license of the
social worker. The section restricts the displaying or copying of a license
and places the responsibility of use or misuse of a copied license on the
licensee.
Section 781.416 regards advertising and announcements related to services
of social workers. The section clarifies statements used in advertisements
of social worker regarding their professional services. The section requires
the use of license titles in all advertising or announcements of professional
services.
Section 781.417 regards research and publications. The section establishes
guidance regarding the use of clients in scholarly research or publications
required credit for authorship.
New §781.418 regards the provision of court ordered home studies or
custody evaluations. The section clarifies the social workers role in such
evaluations and maintenance of copies of such evaluations. The section further
clarifies restrictions on the performance of such evaluations.
The following changes are proposed relating to the repeal and readoption
of Subchapter E (relating to License Renewal and Continuing Education). Several
new subsections are proposed and a reformatting of the Subchapter is proposed
for better paragraph outline and structure.
Section 781.501 clarifies the requirement of biennial renewal in compliance
with state law in §781.501(a).
Section 781.501(i) establishes that a license must be in good standing
before it can be upgraded to a different category of licensure.
Section 781.508 is related to changes from continuing education units to
continuing education hours to simplify the mathematics of counting continuing
education credits. The section also clarifies the number of hours needed for
continuing education during biennial renewal cycle.
Section 781.509 concerns types of acceptable continuing education and clarifies
the types of continuing education acceptable for the renewal of a license.
Section 781.510 relates to what is not acceptable as continuing education
for the renewal of a license.
Section 781.511 relates to approval of continuing education sponsors. The
section clarifies the requirements to become and remain an approved sponsor
of continuing education. The sections further clarifies the responsibility
of the sponsor in provision of continuing education to licensees and the reporting
of the completion of the continuing education to the licensee and the board.
The section also clarifies the retention of records related to continuing
education by approved sponsors.
New §781.512 regards the removal of an approved continuing education
sponsor and the sponsor's right of due process.
Section 781.513 regards continuing education approved by another board
and its possible acceptance as social work continuing education. This section
assists those social workers working in multi-professional or non-traditional
settings of social work practice.
Section 781.514 clarifies credit hours granted and the maximum hours to
be received in any single activity of continuing education.
The following changes are proposed relating to the repeal and readoption
of Subchapter F (relating to Complaints and Violations). New rules are proposed
and a reformatting of the Subchapter is proposed for better paragraph outline
and structure.
Section 781.603 relates to complaint procedures. Section 781.603(c) establishes
a statute of limitations on the filing of a complaint in accordance with SB
810 passed in the 78th Regular Session of the Texas Legislature. The rule
establishes a 5-year date from termination for the filing of the complaint.
Section 781.603(d) relates to complaint procedures. The rule establishes
the right of the board to waive the statute of limitations in complaints of
egregious acts or continuing threats to public health and safety.
Changes are proposed relating to the repeal and readoption of Subchapter
G (relating to Formal Hearings) and Subchapter H (relating to Sanction Guidelines).
No new rules are proposed. The proposed changes include a reformatting of
the Subchapters for better paragraph outline and structure.
Andrew T. Marks, LMSW, Executive Director, has determined that for the
first five years the sections are in effect, there will be fiscal implications
as a result of enforcing or administering the sections as proposed. The effect
on state government will be an increase in revenue of $563,488 for the first
calendar year due to two-year license requirement. Additionally, an increase
of $37,680 will result from the fees generated from the temporary license,
supervisor approval and AMEC fees. For year two, there will be an estimated
increase of $56,348 due to the two-year license fee. An additional $6,750
will result from the fees generated from the temporary license, supervisor
approval and AMEC fees. It cannot be determined whether, if adopted, there
would be fiscal implications for state or local governments as it is unknown
if these entities pay any of the required fees for their employees.
Mr. Marks has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing or administering the rules will be to ensure the appropriate regulation
of social workers, continue to identify competent practitioners to ensure
public safety, health and welfare and to ensure compliance of eligibility
criteria and settings in which licensed social workers can work. There will
be an economic impact to individuals who are required to comply with the rules
imposing fees mandated by statute. There is no cost for small business or
micro-business as fees unless such businesses pay the licensing fees of their
employees. Applicants and licensees will be required to pay additional fees
for processing applications and renewal applications through Texas Online
and for funding the Office of Patient Protection. There is anticipated impact
on local employment.
Comments on the proposed rule changes may be submitted to Andrew T. Marks,
LMSW, Executive Director, Texas State Board of Social Worker Examiners, 1100
West 49th Street, Austin, Texas 78756-3183, telephone (800) 232-3162 or (512)
719-3521, (512) 834-6785 (fax). Comments will be accepted for 30 days following
publication of this proposal in the
Texas Register
.
Subchapter A. GENERAL PROVISIONS
22 TAC §781.101, §781.102
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Social Worker Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The repeals affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.101.Purpose and Scope.
§781.102.Definitions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 9, 2005.
TRD-200501859
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §781.101, §781.102
The new rules are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The new rules affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.101.Purpose and Scope.
(a)
The purpose of this chapter is to implement the provisions
in the Social Work Practice Act (Act), Occupations Code Chapter 505, concerning
the licensure and regulation of social workers.
(b)
The Act restricts the use of the titles "social worker,"
"licensed master social worker," "licensed social worker," "licensed baccalaureate
social worker," "licensed clinical social worker" or "social work associate"
or any other title that implies licensure or certification in professional
social work services.
(c)
A person not represented to the public, directly or indirectly,
as a social worker is exempt from this chapter.
(d)
This chapter covers the organization, administration, and
general procedures and policies of the Texas State Board of Social Worker
Examiners.
(e)
The Act and this chapter apply to every licensee even if
the licensee is involved in activities or services exempt under the Act, §505.003.
§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)
APA--The Administrative Procedure Act, Government Code,
Chapter 2001.
(6)
Association of Social Work Boards (ASWB)--National organization
representing regulatory boards of social work. Administers the national examinations
utilized in the assessment for licensure.
(7)
Board--Texas State Board of Social Worker Examiners.
(8)
Case record--Any information related to a client and the
services provided to that client, however recorded and stored.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
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).
(14)
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.
(15)
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.
(16)
Consultation--To provide advice, opinions and to confer
with other professionals regarding social work practice.
(17)
Continuing education--Formal or informal education or
trainings, which are oriented to maintain, improve or enhance social work
practice.
(18)
Council on Social Work Education (CSWE)--The national
organization that accredits social work education schools and programs.
(19)
Department--Department of State Health Services.
(20)
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.
(21)
Direct practice--The provision of services, research,
system linkage, system development, maintenance and enhancement of social
and psychosocial functioning of clients.
(22)
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.
(23)
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.
(24)
Examination--A standardized test or examination of social
work knowledge, skills and abilities, which has been approved by the board.
(25)
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.
(26)
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.
(27)
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.
(28)
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.
(29)
Flagrant--Obviously inconsistent with what is right or
proper as to appear to be a flouting of law or morality.
(30)
Fraud--Any misrepresentation or omission by a social worker
related to professional qualifications, services, or related activities or
information that benefits the social worker.
(31)
Full-time experience--Social work services totaling 30
or more hours per week.
(32)
Group supervision--Supervision that involves a minimum
of two and no more than six supervisees in a supervision hour.
(33)
Health care professional--A licensee or any other person
licensed, certified, or registered by the State of Texas in a health related
profession.
(34)
Home study--A formal written evaluation or social study
to determine what is the best interest of a minor child or other dependent
person.
(35)
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 in exchange for direct payment or third party reimbursement.
(36)
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.
(37)
Individual supervision--Supervision of one supervisee
during the supervision session.
(38)
Investigator--A professional utilized by the board in
the investigation of allegations of professional misconduct.
(39)
LBSW--Licensed Baccalaureate Social Worker.
(40)
LCSW--Licensed Clinical Social Worker.
(41)
License--A regular, provisional, or temporary license
or recognition issued by the board unless the content of the rule indicates
otherwise.
(42)
Licensee--A person licensed or recognized by the board
to perform professional social work practice.
(43)
LMSW--Licensed Master Social Worker.
(44)
LMSW-ACP--Licensed master social worker-advanced clinical
practitioner.
(45)
LMSW-AP--Licensed master social worker-advanced practitioner.
(46)
LSW--Licensed social worker.
(47)
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.
(48)
Part-time--Social work services totaling less than 30
hours per week.
(49)
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.
(50)
Persistently--Existing for a long or longer than usual
time or continuously.
(51)
Person--An individual, corporation, partnership, or other
legal entity.
(52)
Pleading--Any written allegation filed by a party concerning
its claim or position.
(53)
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.
(54)
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.
(55)
Recognition--Authorization from the board to engage in
the independent or specialty practice of social work services.
(56)
Rules--Provisions in this chapter specifying the implementation
of statute and operations of the board and individuals affected by the Act.
(57)
Sexual contact--Any touching or behavior that can be construed
as sexual in nature.
(58)
Sexual exploitation--A pattern, practice or scheme of
exploitative behavior, which may include sexual contact.
(59)
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.
(60)
Social worker--A person licensed under the Act.
(61)
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.
(62)
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.
(63)
SWA--A person licensed as a social worker associate.
(64)
Supervisor--A person meeting the requirements set out
in §781.302 of this title (relating to Supervisor Requirements), to supervise
a licensee towards the LCSW, LMSW-AP or Independent Practice recognition.
(65)
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.
(66)
Supervision hour--A supervision hour is a minimum of 60
minutes in length.
(67)
Telepractice--Interactive service delivery where the client
resides in one location and the professional in another.
(68)
Termination--The end of professional services, meetings,
and billing for services.
(69)
Texas Open Meetings Act--Government Code, Chapter 551.
(70)
Texas Public Information Act--Government Code, Chapter
552.
(71)
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 proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501860
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.201 - 781.217
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Social Worker Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The repeals affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.201.Board Rules.
§781.202.Board Meetings.
§781.203.Board Training.
§781.204.Transaction of Official Board Business.
§781.205.Board Agendas.
§781.206.Board Minutes.
§781.207.Elections.
§781.208.Officers of the Board.
§781.209.Committees of the Board.
§781.210.Executive Director.
§781.211.Reimbursement for Expenses.
§781.212.Official Records of the Board.
§781.213.Impartiality and Non-discrimination.
§781.214.Applicants with Disabilities.
§781.215.The License.
§781.216.Roster of Licensees.
§781.217.Fees.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501861
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.201 - 781.217
The new rules are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The new rules affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.201.Board Rules.
(a)
The purpose of this section is to delineate the board's
procedures for the submission, consideration, and disposition of a petition
to the board to adopt a rule.
(b)
Submission of the petition.
(1)
Any person may petition the board to adopt a rule.
(2)
The petition shall be in writing; shall state the petitioner's
name, address, and phone number; and shall contain the following:
(A)
a brief explanation of a justification for the proposed
rule;
(B)
the text of the proposed rule prepared in a manner to indicate
the words to be added or deleted from the current text, if any;
(C)
a statement of the statutory or other authority under which
the rule is to be promulgated; and
(D)
the public benefit anticipated as a result of adopting
the rule or the anticipated injury or inequity which could result from the
failure to adopt the proposed rule.
(3)
The petition shall be filed with the board office.
(4)
The board office may determine the petition does not contain
the information described in paragraph (2) of this subsection and shall return
the petition to the petitioner.
(c)
Consideration and disposition of the petition.
(1)
Except as otherwise provided in subsection (d) of this
section, the executive director shall submit a completed petition to the board
for consideration.
(2)
Within 60 days after receipt of the petition, the board
shall deny the petition or institute rulemaking procedures in accordance with
the APA, the Government Code, Chapter 2001. The board may deny parts of the
petition or institute rulemaking procedures on parts of the petition.
(3)
If the board denies the petition, the board shall give
the petitioner written notice of the board's denial, including the board's
reasons for the denial.
(4)
If the board initiates rule-making procedures, the version
of the rule that the board proposes may differ from the version proposed by
the petitioner.
(d)
Subsequent petitions to adopt the same or similar rules.
All initial petitions for the adoption of a rule shall be presented to and
decided by the board in accordance with the provisions of subsections (b)
and (c) of this section. The board may refuse to consider a subsequent petition
for the adoption of the same or similar rules submitted within six months
after the date of an initial position.
§781.202.Board Meetings.
(a)
The board shall hold at least one meeting each year and
additional meetings as necessary.
(b)
The chairperson may call a meeting after consultation with
board members or by a majority of members so voting at a meeting.
(c)
Meetings shall be announced and conducted under the provisions
of the Texas Open Meetings Act.
(d)
The chairperson may invite comments or statements from
non-board members on all agenda items, but may limit the time allotted to
each individual. The board may not act on comments or statements related to
issues not on the agenda.
(e)
Interpreters and other reasonable accommodations necessary
to facilitate public participation will be made available as requested. The
executive director must receive notice that reasonable accommodations will
be needed at least 10 days in advance of the board or committee meeting.
§781.203.Board Training.
The board adopts the Health Professions Council's approved board member
training as the official training required of all new board members.
§781.204.Transaction of Official Board Business.
(a)
The board may transact official business only when in a
legally constituted meeting with a quorum present. A quorum of the board necessary
to conduct official business is five members.
(b)
The board shall not be bound in any way by any statement
or action on the part of any board or staff member except when a statement
or action is pursuant to specific instructions of the board.
(c)
Robert's Rules of Order Revised shall be the basis of parliamentary
decisions except as otherwise provided in this chapter.
§781.205.Board Agendas.
(a)
The executive director shall be responsible for preparing
and submitting an agenda to each member of the board prior to each meeting
which includes items requested by members, items required by law, and other
matters of board business which have been approved for discussion by the chairperson.
(b)
Requests for items to be placed on the agenda must be submitted
to the executive director at least 30 days in advance of the scheduled meeting.
(c)
The official agenda of a meeting shall be filed with the
Texas Secretary of State as required by law.
§781.206.Board Minutes.
(a)
The minutes of a board meeting are official only when affixed
with the original signature of the chairperson.
(b)
Drafts of the minutes of each meeting shall be forwarded
to each member of the board for review and comments or corrections prior to
approval by the board.
(c)
The official minutes of the board meetings shall be kept
in the office of the executive director and shall be available to any person
desiring to examine them.
§781.207.Elections.
(a)
At the first meeting following the last day of January
of each year, the board shall elect a vice-chair.
(b)
A vacancy, which occurs in the office of vice-chair, may
be filled at any meeting.
§781.208.Officers of the Board.
(a)
Chair.
(1)
The chair shall preside at all meetings of the full board
at which he or she is in attendance and perform all duties prescribed by law
or this chapter.
(2)
The chair is authorized by the board to make day-to-day
decisions regarding board activities in order to facilitate the responsiveness
and effectiveness of the board.
(b)
Vice-chair.
(1)
The vice-chair shall perform the duties of the chair in
case of the absence or disability of the chair.
(2)
In case the office of the chair becomes vacant, the vice-chair
shall serve until a successor is appointed.
§781.209.Committees of the Board.
(a)
The board or the chair may establish committees deemed
necessary to carry out board responsibilities.
(b)
The chair shall appoint members of the board to serve on
committees and shall appoint the committee chairs.
(c)
The chair may appoint non board members to serve as committee
members on a consultant or voluntary basis subject to board approval.
(d)
Committee chairs shall make regular reports to the board
in interim written reports or at regular meetings.
(e)
Committees may direct all reports or other materials to
the executive director for distribution.
(f)
Committees shall meet when called by the committee chair
or when so directed by the board or the board chair.
(g)
Each committee shall consist of least one public member
and one professional member, unless the board authorizes otherwise.
§781.210.Executive Director.
(a)
The executive director of the board shall be an employee
of the department appointed by the Commissioner of Health, as the administrator
of board activities.
(b)
The executive director serves at the will of the board.
(c)
The executive director shall keep the minutes of the meetings
and proceedings of the board and shall be the custodian of the files and records
of the board unless the board designates another custodian.
(d)
The executive director shall exercise general supervision
over persons employed in the administration of the Act. The executive director
may delegate responsibilities to other staff members when appropriate.
(e)
The executive director shall be responsible for the investigation
and presentation of complaints.
(f)
The executive director shall be responsible for all correspondence
for the board and obtain, assemble, or prepare reports and information that
the board may direct, or as authorized or required by the department or other
agency with appropriate statutory authority.
(g)
The executive director shall have the responsibility of
assembling and evaluating materials submitted by applicants for licensure
and renewal. Determinations made by the executive director that propose denial
of licensure are subject to the approval of the appropriate committee of the
board or the board which shall make the final decision on the eligibility
of the applicants.
§781.211.Reimbursement for Expenses.
(a)
A board member is entitled to per diem in the same amount
set for state employees by the General Appropriations Act and travel expenses
to and from meetings.
(b)
Payment to members of per diem and transportation expenses
shall be on official department vouchers.
§781.212.Official Records of the Board.
(a)
Records that are public may be reviewed by inspection or
duplication, or both in accordance with the Texas Public Information Act.
Confidential records will not be made available.
(b)
When any person's request would be unreasonably disruptive
to the ongoing business of the office or when the safety of any record is
at issue, physical access by inspection may be denied and the requester will
be provided the option of receiving copies at the requester's cost.
(c)
Applicable costs of duplication shall be paid by the requester
at the time of or before the duplicated records are sent or given to the requester.
The charge for copies shall be the same as set by the department for copies.
(d)
The rules of procedure for inspection and duplication of
public records contained in the Texas Public Information Act shall apply to
requests received by the board.
§781.213.Impartiality and Non-discrimination.
(a)
The board shall make all decisions in the discharge of
its statutory authority without regard to any person's age, gender, race,
color, religion, national origin, disability, sexual orientation, or political
affiliation.
(b)
Any board member who is unable to be impartial in the determination
of an applicant's eligibility for licensure or in a disciplinary action against
a licensee shall so declare this to the board and shall not participate in
any board proceedings involving that applicant or licensee.
§781.214.Applicants with Disabilities.
(a)
The board shall comply with applicable provisions of the
Americans with Disabilities Act.
(b)
Applicants with disabilities shall inform the board in
advance of any reasonable accommodations needed.
§781.215.The License.
(a)
The board shall prepare and provide to each licensee a
license, which contains the licensee's name and license number.
(b)
Regular licenses shall be signed by the board chairperson
and executive director and be affixed with the seal of the board.
(c)
Temporary and provisional licenses shall be printed on
board letterhead and signed by the executive director.
(d)
All licenses issued by the board remain the property of
the board and must be surrendered to the board on demand. The board maintains
jurisdiction over a licensee until the license is returned to the board.
§781.216.Roster of Licensees.
(a)
The board shall publish a roster of licensees at its discretion.
(b)
The roster of licensees shall include, but not be limited
to, the name and address of current licensees.
(c)
The board shall mail a copy of the roster to each licensee,
and upon request, copies to other state agencies and the general public.
§781.217.Fees.
(a)
The following are the board's fees:
(1)
application fee for all licenses or specialty recognition--$20;
(2)
license fee for LBSW, or LMSW--$60 biennially;
(3)
renewal fee for LBSW or LMSW--$60 biennially;
(4)
license fee for LCSW--$80 biennially;
(5)
renewal fee for LCSW--$80 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 fee--$30 biennially;
(10)
returned check fee--$25;
(11)
written license verification fee--$10 per verification
copy;
(12)
specialty license verification fee--$10 per verification
copy;
(13)
student loan default reinstatement fee--$35;
(14)
continuing education sponsor application fee--$50 annually;
(15)
delinquent child support administrative fee--$35;
(16)
legislatively mandated fees per licensee for the operation
of the Office of Patient Protection per application and renewal as legislatively
established;
(17)
legislatively mandated fees per licensee for the boards
participation in the Texas On-line per application and renewal as legislatively
established;
(18)
approved supervisor fee--$25 annually;
(19)
AMEC participant administrative fee--Fee equal to the
current contract examination fee;
(20)
Petition for re-examination fee--$20 per petition; and
(21)
Temporary license fee--$30.
(b)
Fees paid to the board by applicants are not refundable
except in accordance with §781.303 of this title (relating to Independent
Practice Recognition).
(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 proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501862
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.301 - 781.315
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Social Worker Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The repeals affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.301.Qualifications for Licensure.
§781.302.Supervision for Specialty Recognition.
§781.303.Application.
§781.304.Required Documentation of Qualifications for Licensure.
§781.305.Fitness of Applicants for Licensure.
§781.306.Materials Considered in Determination of Fitness of Applicants.
§781.307.Finding of Non-fitness.
§781.308.Provisional Licenses.
§781.309.Temporary License.
§781.310.Examination Requirement.
§781.311.Alternate Method of Examining Competency.
§781.312.Issuance of Licenses.
§781.313.Application Denial.
§781.314.Required Reports to the Board.
§781.315.Surrender of License.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501863
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.301 - 781.317
The new rules are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The new rules affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§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 exam administered nationally
by ASWB.
(b)
Only a person who is licensed and has been recognized by
the board for independent practice is qualified for the independent practice
of social work.
(1)
A LCSW may provide any clinical or non-clinical social
work services in either an employment or independent practice setting.
(2)
An LMSW-AP, LBSW or LMSW recognized for independent practice
must restrict his or her independent practice to the provision of non-clinical
social work services.
(3)
A licensee must not engage in any independent practice
that falls within the definition of social work practice (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.
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 recognition.
(4)
A licensee 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.
§781.302.Supervision for LCSW or LMSW-AP.
A LMSW who plans to apply for the LCSW or LMSW-AP must:
(1)
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 LMSW fails to submit a supervisory plan,
then the LMSW will need to submit documentation regarding dates, times and
summary of all supervisory sessions at the time the LMSW makes application
for the LCSW or LMSW-AP;
(2)
submit a current job description from the agency in which
the social worker is employed with a verification of authenticity from the
agency director or their designee on agency letterhead;
(3)
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 AP or LCSW, 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; and
(4)
submit a new supervisory plan within 30 days of changing
supervisors.
(5)
A person who has obtained only the temporary license may
not begin the supervision process until the issuance of the regular license.
§781.303.Independent Practice Recognition.
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.
§781.304.Recognition as an Approved Supervisor and Supervision Process.
A person who wishes to be an approved supervisor must file a request
with the board.
(1)
A supervisor must:
(A)
be a LBSW, LMSW, LCSW or LMSW-AP in good standing or hold
the equivalent social work license or certification in another state;
(B)
take professional responsibility for the social work services
provided within the supervisory plan;
(C)
have completed a supervisor's training program acceptable
to the board;
(D)
currently be engaged in the practice of social work and
self-identified as a social worker;
(E)
submit the required documentation and fee to the board
for approval; and
(F)
pay the annual Approved Supervisor fee as listed in §781.217
of this title (relating to Fees).
(2)
On receipt of the request and verification of qualifications,
the board will issue a letter of approval to a qualified supervisor.
(3)
A supervisor must maintain the qualifications described
in subsection (a) of this section while he or she is providing supervision.
(4)
Supervisory sessions may be in one-on-one sessions or in
a combination of individual and group sessions.
(A)
There can be no more than six individuals in a supervision
group.
(B)
Supervision shall be spread out over the experience of
the supervisee.
(C)
Supervision shall be accomplished in one or two hour blocks
not exceeding 10 hours per month.
(D)
Supervision must be face-to-face meetings between the supervisor
and supervisee unless the executive director of the board or a committee of
the board has granted an exception allowing an alternate form of supervision
due to geographical difficulties or physical disabilities. If an alternate
form of supervision is approved, limits may be set on the amount of alternate
supervision to assure sufficient interaction between the supervisor and supervisee.
(5)
Supervision must extend over a full 3000 hours. Supervision
must average one hour per 30-40 hours of social work services over the full
period. Individuals who work less than 30 hours per week will be credited
for experience and supervision in proportion to the average hours worked per
week.
(6)
A social worker may contract for supervision with written
approval of the employing agency. A copy of the approval must accompany the
supervisory plan submitted to the board.
(7)
A board-approved supervisor may not charge or collect a
fee or anything of value from his or her employee or contract employee for
the supervision services provided to the employee or contract employee.
(8)
The supervisor must be responsible for establishing all
conditions of exchange with the clients served by her or his supervisee.
(9)
Supervision completed before the effective date of this
chapter will be evaluated on the basis of the rules in effect at the time
the supervision plan or verification is submitted to the board.
(10)
A supervisor may not be "employed by" or "under the employment
supervision of" the person whom he or she is supervising.
(11)
A supervisor may not be related within the second degree
by affinity (marriage) or within the third degree by consanguinity (blood
or adoption) to the person whom he or she is supervising.
(12)
During the period of supervised experience, a supervisee
may be employed on a salary basis or volunteer within an established supervisory
setting. The established settings must be structured with clearly defined
job descriptions and areas of responsibility. The board may require that the
applicant provide documentation of all work experience.
(13)
All supervision submitted in fulfillment of the board's
requirements must have been on a formal basis arranged prior to the period
of supervision. Supervisory arrangements must include all specific conditions
agreed to by the supervisor and supervisee.
(14)
No payment for services will be made directly by a client
to the supervisee.
(15)
Client records are the responsibility of the agency and
shall remain the property of the agency and not the property of the supervisee.
(16)
A supervisor shall submit billing reflective of the services
provided and the provider of that service. All billing documents for services
provided by the supervisee shall reflect the license held by the supervisee
and that the licensee is under supervision.
§781.305.Application for Licensure.
(a)
An application for licensure must be on the official form
designated by the board. Application packets, which include the application
form, are available on request.
(b)
The application process begins when the completed application
form and fee are received in the board office.
(c)
Receipt of an application form will be acknowledged by
a letter from the executive director within 15 working days of receipt. The
letter will include:
(1)
the licensing or recognition category requested;
(2)
deficiencies in documented qualifications, if any; and
(3)
additional documentation necessary for examination approval.
This could include transcripts, supervisory references and other documents,
which verify qualifications.
(d)
A letter approving the applicant to sit for the examination
will be mailed within 15 working days of the receipt of all required documentation.
(e)
If an applicant fails to fully document his or her qualifications
and/or fails to pass the examination within 12 months of filing the application,
his or her application will be voided and reapplication may be required. If
the applicant fails the examination, reexamination will be required prior
to the expiration of the application.
(f)
If the applicant passes the examination, the executive
director shall mail a notice of approval stating the fee for initial licensure.
(g)
When the applicant has met all other qualifications for
licensure and on receipt of the license fee in the board office, licensure
for the LCSW, LMSW, LBSW, SWA or specialty recognition will be immediately
granted and the license will be mailed to the licensee within 10 working days.
(h)
In the event an application is not processed in the time
periods stated in this section, the applicant has the right to request reimbursement
of all fees paid in that particular application process. Application for reimbursement
shall be made, in writing, to the executive director. If the executive director
does not agree that the time period has been violated or finds that good cause
existed for exceeding the time period, the request will be denied. The executive
director will respond to the request for refund within 30 days from the date
it is received. Good cause for exceeding the time period is considered to
exist if the number of applications for license or license renewal exceeds
by 15% or more the number of applications processed in the same calendar quarter
the preceding year; another public or private entity relied upon by the board
in the application process caused the delay; or any other condition exists
giving the board good cause for exceeding the time period.
(i)
If a request for reimbursement under this section is denied
by the executive director, the applicant may appeal to the chairperson of
the board for a timely resolution of any dispute arising from a violation
of the time periods. The applicant shall give written notice to the chairperson
at the address of the board that he or she requests full reimbursement of
all fees paid because his or her application was not processed within the
applicable time period. The executive director shall submit a written report
of the facts related to the processing of the application and of any good
cause for exceeding the applicable time period. The chairperson shall provide
written notice of the chairperson's decision to the applicant and the executive
director. An appeal shall be decided in the applicant's favor if the applicable
time period was exceeded and good cause was not established. If the appeal
is decided in favor of the applicant, full reimbursement of all fees paid
in that particular application process shall be made.
§781.306.Required Documentation of Qualifications for Licensure.
(a)
Application form. An applicant for licensure must submit
a completed official application form made under oath with all requested information.
(b)
Education verification.
(1)
The applicant's education must be documented by official
college transcripts. Educational requirements must be met by completion of
educational programs at accredited colleges or universities.
(2)
Degrees for licensure as a LSW or LMSW must be from programs
accredited or in candidacy for accreditation by CSWE. (Current written verification
of a program's CSWE candidacy status must be on file with the board.) College
or university degrees from outside of the United States and its territories
must be from programs judged by the CSWE to be equivalent to a CSWE accredited
program in the United States.
(c)
Experience verification.
(1)
Experience required for licensure as a LCSW, SWA or for
specialty recognition must meet the requirements of §781.301 of this
title (relating to Qualifications for Licensure). Private, independent practice
within the scope of the definition of professional social work practice will
not be counted as experience in this subsection. Required written documentation
includes:
(A)
names and addresses of supervisors;
(B)
beginning and ending dates of supervision;
(C)
job description;
(D)
average number of hours of social work activity per week;
and
(E)
evaluations from each supervisor.
(2)
Written documentation of experience must include verification
of the following:
(A)
administrative authority over the applicant's provision
of social work services;
(B)
the applicant's compensation status for services; and
(C)
the employment status as reflected in all advertising,
informational material, and written policy.
(3)
The board shall credit part-time experience on a prorated
basis.
(4)
Experience must have been in a position with primary responsibility
for providing social work services, under the supervision of a qualified supervisor,
and satisfactorily performed as indicated by written evaluations. Supervised
experience must have occurred within the five previous calendar years occurring
from the date of application.
(5)
The applicant must maintain and upon request, provide to
the board documentation of employment status, pay vouchers, or supervisory
evaluations.
(d)
References. An applicant must list on the official application
the names and addresses of three individuals familiar with the applicant's
professional qualifications. The board may contact the references for verification
of the applicant's qualifications and fitness.
§781.307.Fitness of Applicants for Licensure.
(a)
In determining the fitness of an applicant, the board shall
consider all of the following:
(1)
the skills and abilities of an applicant to provide adequate
social work services to clients;
(2)
the ethical behavior of an applicant in relationships with
other professionals and clients; and
(3)
the applicant's worthiness of public trust and confidence.
(b)
The board may consider a person, who has committed any
act that would have been a violation of the Act or this chapter had the person
been licensed at the time the act was committed, as unworthy of public trust
and confidence.
(c)
Surrender of a social work license within the previous
five years while under investigation for professional misconduct shall be
considered evidence that the person is unworthy of public trust and confidence.
(d)
Revocation of a social work license within the previous
five years for professional misconduct shall be considered evidence that the
person is unworthy of public trust and confidence.
(e)
A surrender or revocation, which occurred more than five
years before application, may also be considered in determining fitness.
§781.308.Materials Considered in Determination of Fitness of Applicants.
In determining the fitness of applicants, the board shall consider
the following:
(1)
evaluations of supervisors or instructors;
(2)
statements from persons submitting references for the applicant;
(3)
evaluations of employers and/or professional associations;
(4)
allegations of clients;
(5)
transcripts or findings from official court, hearing, or
investigative proceedings; and
(6)
any other information which the board considers pertinent
to determining the fitness of an applicant.
§781.309.Finding of Non-fitness.
(a)
The substantiation of any of the following items related
to an applicant may be, as the board determines, the basis for the denial
of a license, license renewal or recognition:
(1)
lack of the necessary skills and abilities to provide adequate
social work services;
(2)
any misrepresentation in the application for licensure
or license renewal or any other materials submitted to the board;
(3)
the violation of any provision of the Act in effect at
the time of application which is applicable to an unlicensed person; or
(4)
the violation of any provision of the code of ethics or
standards of practice which would have applied if the applicant had been a
licensee at the time of the violation.
(b)
The board may require an applicant for licensure or licensure
renewal to obtain a criminal background check from an agency designated by
the board and provide the board an official copy of that report. The board
may consider the information on the report in determining the applicant's
eligibility for licensure or licensure renewal. Failure to obtain the background
check within 30 days of the request from the board is grounds for the denial
of the application for licensure or licensure renewal.
§781.310.Provisional Licenses.
(a)
The board may grant a provisional license as a LMSW, LSW,
or SWA to a person who holds, at the time of application, a license or certificate
as a social worker or social work associate issued by another state, the District
of Columbia, or a territory of the United States that is acceptable to the
board. An applicant for a provisional license must:
(1)
submit a written request for a provisional license along
with a completed application;
(2)
be licensed in good standing as a social worker or social
work associate in another state, the District of Columbia, or territory of
the United States that has licensing requirements that are substantially equivalent
to the regular licensing requirements of the Act;
(3)
have passed an equivalent examination accepted by another
state, District of Columbia, or territory for licensure or certification as
a social worker; and
(4)
be sponsored by a person who holds a license issued by
the board with whom the provisional licensee may practice.
(b)
An applicant for a provisional license may be excused from
the requirement of subsection (a)(4) of this section if the board determines
that compliance with that subsection constitutes a hardship to the applicant.
(c)
The provisional licensee shall use the appropriate licensing
title or initials followed by the word "provisional".
(d)
The provisional license shall be issued for the same category
or level of license or certificate as the applicant held in the other state,
District of Columbia, or territory of the United States.
(e)
The board must complete the processing of a provisional
licensee's application for a regular license not later than the 180th day
after the date the provisional license is issued or at the time licenses are
issued following the successful completion of the examination, whichever is
later. The person holding a provisional license must file all evidence of
his or her academic and experience requirements within this time period. The
board office shall evaluate the information received and may issue a deficiency
letter during this period. If the documentation received during this period
does not show that the person meets the education and experience requirements
set out in this chapter, the application shall be proposed for denial.
(f)
A provisional license is valid until the date the board
issues a license or denies the provisional licensee's application for a license.
(g)
The board shall issue a regular license to the holder of
a provisional license if:
(1)
the provisional licensee passes the examination required
by §505.354 of the Act; and
(2)
the board verifies that the provisional licensee has the
education and experience requirements for a regular license.
(h)
The board shall consider only states, the District of Columbia,
and territories of the United States as acceptable for the purposes of licensure
by endorsement.
§781.311.Temporary License.
(a)
Prior to examination, an applicant for licensure may obtain
a temporary license as a LMSW, LSW, or SWA as long as the applicant meets
all the requirements, with the exception of the examination, for the level
of license sought.
(1)
A person holding a temporary license must take the designated
examination within six months of issuance of the temporary license.
(2)
The temporary license is valid until the results of the
first qualifying examination are made available (i.e., the first examination
taken by the temporary licensee or the end of the six months from issuance
of the license if the examination is not taken, whichever is earlier).
(3)
A person holding a temporary license must display the license
at the licensee's place of business and must use the appropriate licensed
title or initials followed by the word "Temporary" in all professional use
of the licensee's name.
(4)
Should the applicant take and fail the exam, the temporary
license is no longer valid. The applicant must cease and desist from the use
of the temporary license and title immediately.
(5)
Should the applicant pass the exam the board will issue
the license or specialty recognition in accordance with §781.305(g) of
this title (relating to Application for Licensure).
(b)
A person who failed the examination and is without a valid
temporary license may retake the examination under §781.312 of this title
(relating to Examination Requirement).
(c)
A temporary license will not be granted to an applicant
who has held a temporary license for the same license category within the
previous five years.
(d)
An applicant for LCSW or specialty recognition is not eligible
for a temporary or provisional license.
(e)
Applicants requesting a temporary license must submit the
application form and temporary fee required by the board.
§781.312.Examination Requirement.
(a)
An applicant for licensure or recognition must pass an
examination designated by the board.
(b)
If an applicant fails the first examination, the individual
may retake the examination no more than two additional times. An applicant
who has failed the examination three times must request in writing to the
board to retake the examination a fourth time. The board may order the applicant
to complete one or more social work educational courses as a prerequisite
to retaking the examination. The applicant must submit the form and pay the
petition for re-examination fee required by the board prior to each additional
exam administration.
(c)
An applicant who fails the exam must wait the required
timeframe between exam administrations. The board or executive director may
waive the waiting period if petition in writing providing justification of
the waiver in accordance with board policy.
(d)
If an applicant fails the examination on the fourth attempt,
the person's application will be voided and reapplication may be required.
The applicant will not be permitted to reapply for licensure for a period
of not less than one year.
(e)
The board may waive the examination for an applicant with
a valid certificate or license from another state if the certificate or license
was issued before January 1, 1986, if petitioned in writing.
§781.313.Alternate Method of Examining Competency (AMEC) Program.
(a)
An applicant who has taken an examination within the previous
12 months and who has failed the examination on two or more occasions by fewer
than five points may submit a written petition to the board for a probated
license as a LBSW, or LMSW. The last examination must be within the past 12
months. The applicant must complete the application for participation, pay
the administrative fee and submit the memorandum of understanding and the
findings of facts documentation to the board for consideration.
(b)
The board will consider the interest of the public in its
review of the petition and will issue its decision in writing with in 90 days
of receiving all required materials from the applicant.
(c)
The written decision will include the following:
(1)
a statement of the reason(s) the petition for a probated
license is denied; or
(2)
the terms of participation under which the license is granted.
(d)
The participant must complete the professional portfolio,
quarterly reports and other requirements within the required timeframe as
mandated by the board.
(e)
The AMEC program must be completed in no less then 12 consecutive
calendar months and no more then 24 consecutive calendars months from the
date of agreed order issued by the board unless prior approval is received
from the board or its designee.
(f)
An AMEC participant must remain under supervision until
the board has reviewed the required documents submitted and issued a final
order regarding the issuance of a regular license by the board. Continued
reports from the supervisor may be required at the discretion of the board
or its designee.
(g)
The board may grant a regular license to an applicant who
successfully completes the terms of participation to the satisfaction of the
board.
§781.314.Issuance of Licenses.
(a)
The board issues licenses indicating the professional social
work title, whether LBSW, LMSW, LMSW-AP or LCSW, granted to applicants who
have met all of the qualifications established by the board.
(b)
The license title or its initials must be included in all
professional uses of the licensee's name as required by the Act, §505.351.
(c)
A licensee shall display the license issued by the board
in a prominent place in all locations of practice.
(d)
A copy of the Code of Conduct listed in §781.401 of
this title (relating to Code of Conduct) is issued with the license. The copy
of the Code of Conduct also includes information regarding the client complaint
process. The copy of the Code of Conduct must be displayed in all locations
of practice.
(e)
The board will make available its client information brochure
on the board's Internet website. The board may provide copies to each licensee
approved for independent practice. The licensee shall make these brochures
available to all clients.
(f)
A licensee who offers social work services on the Internet
must include a statement that the licensee is licensed by the State of Texas
and provide a copy of the code of ethics with the information on how to contact
this board by mail or telephone.
(g)
Upon request of the client, a licensee shall provide information
regarding their license category and how to contact the board.
§781.315.Application Denial.
(a)
The board shall deny an application if all of the requirements
for licensure or recognition are not met. An applicant shall be notified when
the license or recognition is proposed for denial.
(b)
A person whose application for licensure or recognition
is denied is entitled to a formal hearing as set out in Subchapter G of this
chapter (relating to Formal Hearings).
§781.316.Required Reports to the Board.
(a)
A licensee shall make written reports to the board office
within 30 days of the following:
(1)
a change of mailing address, place of employment or business
or home phone number;
(2)
an arrest or conviction of the licensee;
(3)
the filing of a criminal case against the licensee;
(4)
a criminal conviction, other than a Class C misdemeanor
traffic offense, of the licensee;
(5)
the settlement of or judgment rendered in a civil lawsuit
filed against the licensee and relating to the licensee's professional social
work practice; or
(6)
complaints against, investigations involving or actions
against the licensee done by a licensing or certification body related to
health or mental health services when known by the licensee.
(b)
The information received under subsection (a) of this section
may be used by the board to determine whether a licensee remains fit to hold
a license.
(c)
Failure to make a report as required by subsection (a)
of this section is grounds for disciplinary action by the board.
§781.317.Surrender of License.
(a)
Surrender by licensee.
(1)
A licensee may at anytime voluntarily offer to surrender
his or her license for any reason, without compulsion.
(2)
The license may be delivered to the board office by hand
or mail. The licensee must cease practice as a social worker pending action
from the board on the surrender of the licensee's license.
(3)
If there is no complaint pending, the board office may
accept the surrender and void the license.
(b)
Formal disciplinary action.
(1)
When a licensee has offered the surrender of his or her
license after a complaint has been filed, the board shall consider whether
to accept the surrender of the license.
(2)
When the board has accepted such a surrender, the surrender
is deemed to be the result of a formal disciplinary action and a board order
shall be prepared accepting the surrender.
(3)
In order to accept a surrender, the board may require the
licensee to agree to certain findings of fact and conclusions of law, including
the making of an admission of a violation of the Act or this chapter.
(4)
Surrender of a license without acceptance thereof by the
board or a licensee's failure to renew the license shall not deprive the board
of jurisdiction against the licensee under the Act or any other statute.
(c)
Reinstatement. A license, which has been surrendered by
the licensee and accepted by the board, may not be reinstated; however, a
person may apply for a new license in accordance with the Act and this chapter.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501864
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §781.401, §781.402
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Social Worker Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The repeals affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.401.Code of Ethics.
§781.402.Standards of Practice.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501865
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.401 - 781.418
The new rules are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The new rules affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.401.Code of Conduct.
(a)
A social worker must observe and comply with the code of
conduct and standards of practice set forth in this Subchapter. Any violation
of the code of conduct or standards of practice will constitute unethical
conduct or conduct that discredits or tends to discredit the profession of
social work and is grounds for disciplinary action.
(1)
A social worker shall not refuse to do or refuse to perform
any act or service for which the person is licensed solely on the basis of
a client's age, gender, race, color, religion, national origin, disability,
sexual orientation, or political affiliation.
(2)
A social worker shall truthfully report or present her
or his services, professional credentials and qualifications to clients or
potential clients.
(3)
A social worker shall only offer those services that are
within his or her professional competency, and the services provided shall
be within accepted professional standards of practice and appropriate to the
needs of the client.
(4)
A social worker shall strive to maintain and improve her
or his professional knowledge, skills and abilities.
(5)
A social worker shall base all services on an assessment,
evaluation or diagnosis of the client.
(6)
A social worker shall provide the client with a clear description
of services, schedules, fees and billing at the initiation of services.
(7)
A social worker shall safeguard the client's rights to
confidentiality within the limits of the law.
(8)
A social worker shall be responsible for setting and maintaining
professional boundaries.
(9)
A social worker shall not have sexual contact with a client
or a person who has been a client.
(10)
A social worker shall refrain from providing service while
impaired due to the social worker's physical or mental health or the use of
medication, drugs or alcohol.
(11)
A social worker shall not exploit his or her position
of trust with a client or former client.
(12)
A social worker shall evaluate a client's progress on
a continuing basis to guide service delivery and will make use of supervision
and consultation as indicated by the client's needs.
(13)
A social worker shall refer a client for those services
that the social worker is unable to meet and terminate service to a client
when continued service is no longer in the client's best interest.
(b)
The grounds for disciplinary action of a social worker
shall be based on the code of conduct or standards of practice in effect at
the time of the violation.
§781.402.Standards of 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, 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 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, 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 Practice--The practice of 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.
(e)
Private Practice--The provision of clinical social work
in independent practice wherein the practitioner is solely responsible for
the welfare of the client and the services rendered.
§781.403.General Standards of Practice.
The scope of this section establishes standards of professional conduct
required of a social worker. The licensee, following applicable statutes.
(1)
Shall not knowingly offer or provide professional services
to an individual concurrently receiving professional services from another
mental health services provider except with that provider's knowledge. If
a licensee learns of such concurrent professional services, the licensee shall
take immediate and reasonable action to inform the other mental health services
provider.
(2)
Shall terminate a professional relationship when it is
reasonably clear that the client is not benefiting from the relationship.
When professional services are still indicated, the licensee shall take reasonable
steps to facilitate the transfer to an appropriate referral or source.
(3)
Shall not evaluate any individual's mental, emotional,
or behavioral condition unless the licensee has personally interviewed the
individual or the licensee discloses with the evaluation that the licensee
has not personally interviewed the individual.
(4)
May not persistently or flagrantly over treat a client.
(5)
Shall not aid and abet the unlicensed practice of social
work by a person required to be licensed under the Act.
(6)
Shall not participate in any way in the falsification of
applications for licensure. Nor shall an applicant for licensure participate
in any way in the falsification of applications for licensure.
(7)
Shall ensure that the individual has been informed of the
following before or at the time of the individual's initial appointment with
the licensee:
(A)
qualifications of the provider and any intent to delegate
service provision;
(B)
any restrictions placed on the license by the board;
(C)
the limits on confidentiality and privacy; and
(D)
fees and arrangements for payment.
(8)
Shall ensure that the individual has been informed of any
changes to the items in paragraph (7) of this subsection prior to initiating
the change.
(9)
If bartering for services, has the responsibility to assure
that the market value of the barter does not exceed the customary charge for
the service.
§781.404.Relationships with Clients.
(a)
A social worker shall make known to a prospective client
the important aspects of the professional relationship, which can include
but is not limited to office procedures, after-hours coverage, fees and arrangements
for payment that might affect the client's decision to enter into the relationship.
(b)
No commission or rebate or any other form of remuneration
shall be given or received by a social worker for the referral of clients
for professional services.
(c)
A social worker shall not use relationships with clients
to promote, for personal gain or for the profit of an agency, commercial enterprises
of any kind.
(d)
A social worker shall not engage in activities that seek
to primarily meet the social worker's personal needs or personal gain instead
of the needs of the client.
(e)
A social worker shall be responsible for setting and maintaining
professional boundaries.
(f)
A social worker shall keep accurate records of services
to include, but not be limited to, dates of services, types of services, progress
or case notes and billing information for a minimum of five years for an adult
client and five years beyond the age of 18 years of age for a minor, or in
compliance with applicable laws or professional standards.
(g)
A social worker shall bill clients or third parties for
only those services actually rendered or as agreed to by mutual written understanding.
(h)
A social worker shall terminate services when in the licensee's
professional opinion the client either has met the service goals or is not
benefiting from those services. When services to the client are still indicated,
the licensee shall take reasonable steps to facilitate the transfer to an
appropriate referral or sources.
(i)
A licensee shall not make any false, misleading, deceptive,
fraudulent or exaggerated claim or statement about the licensee's services,
including, but not limited to:
(1)
the effectiveness of services;
(2)
the licensee's qualifications, capabilities, background,
training, experience, education, professional affiliations, fees, products,
or publications; or
(3)
the practice or field of social work.
(j)
A licensee shall not make any false, misleading, deceptive,
fraudulent or exaggerated claims or statement about the services of an organization
or agency, including, but not limited to, the effectiveness of services, qualifications,
or products.
(k)
If the licensee learns that any false, misleading, deceptive,
fraudulent or exaggerated claims or statement about the services, qualifications
or products have been made, the licensee shall take all available steps to
correct the inappropriate claims and to prevent their reoccurrence. As appropriate,
the licensee may notify the board in writing about these claims.
(l)
A licensee shall provide social work intervention only
in the context of a professional relationship.
(m)
Telepractice may be used as part of the social work process.
Social workers engaging in Telepractice must adhere to each provision of this
chapter as well as those in the jurisdictions where the services take place.
(n)
The licensee shall not provide social work to previous
or current:
(1)
family members;
(2)
personal friends;
(3)
educational associates;
(4)
business associates; or
(5)
individuals whose welfare might be jeopardized by a dual
relationship.
(o)
The licensee shall follow agency policy related to accepting
from or giving gifts to clients or relatives of clients. If no agency policy
exists, no gift with a value in excess of $25 may be accepted or given.
(p)
The licensee may not borrow or lend money or items of value
to clients or relatives of clients.
(q)
The licensee shall take reasonable precautions to protect
individuals from physical or emotional harm resulting from interaction within
individual and group settings.
(r)
A licensee shall not promote the licensee's personal or
business activities that are unrelated to the current professional relationship.
(s)
A licensee shall set and maintain professional boundaries.
Dual relationships with clients should be avoided. It is the responsibility
of the social worker to ensure the safety of the client if a dual relationship
arises.
§781.405.Sexual Misconduct.
(a)
For the purpose of this section, the following terms shall
have the following meanings.
(1)
Sexual contact--Any touching or behavior that can be construed
as sexual in nature or as defined by the Texas Penal Code, §21.01.
(2)
Therapeutic deception--A representation by a licensee that
sexual contact with, or sexual exploitation or exploitative behavior by, the
licensee is consistent with, or a part of, a client's or former client's social
work services.
(b)
A licensee shall not engage in sexual contact or sexual
exploitation with a person who is:
(1)
a client or former client;
(2)
being supervised by the licensee; or
(3)
a student at an educational institution at which the licensee
provides professional or educational services.
(c)
A licensee shall not practice therapeutic deception of
a person who is a client or former client.
(d)
It is not a defense to a disciplinary action under subsections
(a) - (c) of this section if the person was no longer emotionally dependent
on the licensee when the sexual exploitation began, the sexual contact occurred,
or the therapeutic deception occurred. It is also not a defense that the licensee
terminated services with the person before the date the sexual exploitation
began, the sexual contact occurred or the therapeutic deception occurred.
(e)
It is not a defense to a disciplinary action under subsections
(a) - (c) of this section if the sexual contact, sexual exploitation, or therapeutic
deception with the person occurred:
(1)
with the consent of the client;
(2)
outside the appointments with the client; or
(3)
off the premises used by the licensee for the appointments
with the client.
(f)
Examples of sexual contact are those activities and behaviors
described in the Texas Penal Code, §21.01.
(g)
A licensee shall report sexual misconduct in accordance
with Texas Civil Practice and Remedies Code, Chapter 81. If a licensee has
reasonable cause to suspect that a client has been the victim of sexual exploitation,
sexual contact, or therapeutic deception by another licensee or a mental health
services provider, or if a client alleges sexual exploitation, sexual contact,
or therapeutic deception by another licensee or a mental health services provider,
the licensee shall report the alleged conduct not later than the 30th day
after the date the licensee became aware of the conduct or the allegations
to:
(1)
the prosecuting attorney in the county in which the alleged
sexual exploitation, sexual contact or therapeutic deception occurred; and
(2)
the board if the conduct involves a licensee and any other
state licensing agency which licenses the mental health services provider.
(3)
Before making a report under this subsection, the licensee
shall inform the alleged victim of the licensee's duty to report and shall
determine if the alleged victim wants to remain anonymous.
(4)
A report under this subsection need contain only the information
necessary to:
(A)
identify the licensee;
(B)
identify the alleged victim, unless the alleged victim
has requested anonymity;
(C)
express suspicion that sexual exploitation, sexual contact,
or therapeutic deception occurred; and
(D)
provide the name of the alleged perpetrator.
(h)
The following may constitute sexual exploitation if done
for the purpose of sexual arousal or gratification or sexual abuse of any
person who is or has been a recipient of professional services from the licensee
for the purpose of engaging in the practice of baccalaureate, clinical or
master's social work services in an independent or private practice setting:
(1)
sexual harassment, sexual solicitation, physical advances,
verbal or nonverbal conduct that is sexual in nature, and:
(A)
is not bound in the therapeutic modality for the purpose
of the professional services rendered;
(B)
is offensive or creates a hostile environment, and the
licensee knows or is told this; or
(C)
is sufficiently severe or intense to be abusive to a reasonable
person in the context.
(2)
any behavior, gestures, or expressions which may reasonably
be interpreted as inappropriately seductive or sexual;
(3)
inappropriate sexual comments about or to a person, including
making sexual comments about a person's body;
(4)
making sexually demeaning comments about an individual's
sexual orientation;
(5)
making comments about potential sexual performance except
when the comment is pertinent to the issue of sexual function or dysfunction
in counseling;
(6)
requesting details of sexual history or sexual likes and
dislikes when not necessary for counseling of the individual;
(7)
initiating conversation regarding the sexual problems,
preferences, or fantasies of the licensee;
(8)
kissing or fondling;
(9)
making a request to date;
(10)
any other deliberate or repeated comments, gestures, or
physical acts not constituting sexual intimacies, but of a sexual nature;
(11)
any bodily exposure of genitals, anus or breasts;
(12)
encouraging another to masturbate in the presence of the
licensee; or
(13)
masturbation by the licensee when another is present.
§781.406.Professional Representation.
(a)
A social worker shall not misrepresent any professional
qualifications or associations.
(b)
A social worker shall not misrepresent any agency or organization
by presenting it as having attributes, which it does not possess.
(c)
A social worker shall not make unreasonable, misleading,
deceptive, fraudulent, exaggerated, or unsubstantiated claims about the efficacy
of any services.
(d)
A social worker shall not encourage, or within the social
worker's power, allow a client to hold exaggerated ideas about the efficacy
of services provided by the social worker.
§781.407.Testing.
(a)
A social worker shall make known to clients the purposes
and explicit use to be made of any testing done as part of a professional
relationship.
(b)
A social worker shall not appropriate, reproduce, or modify
published tests or parts thereof without the acknowledgment and permission
of the publisher.
(c)
A social worker shall not administer any test without the
appropriate training and experience to administer the test.
(d)
A social worker must observe the necessary precautions
to maintain the security of any test administered by the social worker or
under the social worker's supervision.
§781.408.Drug and Alcohol Use.
A licensee shall not:
(1)
use alcohol or drugs in a manner which adversely affects
the licensee's ability to practice social work;
(2)
use illegal drugs of any kind; or
(3)
promote, encourage, or concur in the illegal use or possession
of alcohol or drugs.
§781.409.Client Records and Record Keeping.
Following applicable statutes, the licensee shall:
(1)
keep accurate and legible records of the dates of services,
types of services, progress or case notes, intake assessment, treatment plan,
and billing information;
(2)
retain and dispose of client records in such a way that
confidentiality is maintained;
(3)
in independent practice, establish a plan for the custody
and control of the licensee's client mental health records in the event of
the licensee's death or incapacity, or the termination of the licensee's professional
services;
(4)
keep client records for five years for adult clients and
five years beyond the age of 18 for minor clients;
(5)
at the request of a client, a client's guardian, or a client's
parent (sole managing, joint managing or possessory conservator) if the client
is a minor, provide, in plain language, a written explanation of the types
of treatment and charges for counseling treatment intervention previously
made on a bill or statement for the client (this requirement applies even
if the charges are to be paid by a third party);
(6)
comply with the requirements of Texas Health and Safety
Code, Chapter 611, concerning the release of mental health records; and
(7)
be responsible for services rendered when providing approval
by signature for services rendered by another individual who may or may not
be licensed.
§781.410.Billing and Financial Relationships.
(a)
A licensee shall not intentionally or knowingly offer to
pay or agree to accept any remuneration directly or indirectly, overtly or
covertly, in cash or in kind, to or from any person, firm, association of
persons, partnership, corporation, or entity for securing or soliciting clients
or patronage for or from any health care professional.
(b)
In accordance with the provisions of the Act, §505.451,
a licensee is subject to disciplinary action if the licensee directly or indirectly
offers to pay or agrees to accept remuneration to or from any person for securing
or soliciting a client or patronage.
(c)
A licensee employed or under contract with a chemical dependency
facility or a mental health facility, shall comply with the requirements in
the Texas Health and Safety Code, §164.006, relating to soliciting and
contracting with certain referral sources. Compliance with the Treatment Facilities
Marketing Practices Act, Texas Health and Safety Code, Chapter 164, shall
not be considered as a violation of state law relating to illegal remuneration.
(d)
A licensee shall bill clients and/or third parties for
only those services actually rendered by the licensee.
(e)
Relationships between a licensee and any other person used
by the licensee to provide services to a client shall be so reflected on billing
documents.
(f)
A licensee may not knowingly or flagrantly overcharge a
client.
(g)
A licensee may not submit to a client and/or a third payor
a bill for services that the licensee knows were not provided or knows were
improper, unreasonable or unnecessary, with the exception of a missed appointment.
§781.411.Client Confidentiality.
(a)
Communication between a licensee and client and the client's
records, however created or stored, are confidential under the provisions
of the Texas Health and Safety Code, Chapter 181, Texas Health and Safety
Code, Chapter 611, and other state or federal statutes or rules, including
court room rules of evidence, where such statutes or rules apply to a licensee's
practice.
(b)
A licensee shall not disclose any communication, record,
or identity of a client except as provided in Texas Health and Safety Code,
the Health Insurance Portability and Accountability Act (HIPAA), and/or other
state or federal statutes or rules, as applicable.
(c)
A licensee shall comply with Texas Health and Safety Code,
Chapter 611, concerning access to mental health records.
(d)
A licensee shall have written permission for release of
information for clients. The written release should include:
(1)
name and identifying information of the client;
(2)
the purpose of the release of information;
(3)
whom the information is being released to;
(4)
duration the release is intended to be enforced; and
(5)
the signature of the client or guardian representative.
(e)
The written release of information should be maintained
in the permanent client record and should be reviewed and update regularly.
(f)
A licensee shall report information if required by any
of the following statutes:
(1)
Texas Family Code, Chapter 261, concerning abuse or neglect
of minors;
(2)
Texas Human Resources Code, Chapter 48, concerning abuse,
neglect, or exploitation of elderly or disabled persons;
(3)
Texas Health and Safety Code, §161.131 et seq., concerning
abuse, neglect, and illegal, unprofessional, or unethical conduct in an in-patient
mental health facility, a chemical dependency treatment facility or a hospital
providing comprehensive medical rehabilitation services; and
(4)
Texas Civil Practice and Remedies Code, §81.006, concerning
sexual exploitation by a mental health services provider.
(g)
A social worker shall follow the rules of confidentiality
set forth in the Health and Safety Code, Chapter 611, and other applicable
laws.
(h)
A licensee may take reasonable action to inform medical
or law enforcement personnel if the professional determines that there is
a probability of imminent physical injury by the client to the client or others,
or there is a probability of immediate mental or emotional injury to the client
in accordance with the Texas Health and Safety Code, Chapter 611.
§781.412.Licensees and the Board.
(a)
Any person licensed as a social worker is bound by the
provisions of the Act and this chapter.
(b)
A social worker shall report alleged misrepresentations
or violations of this chapter to the board's executive director.
(c)
The licensee shall report any and all name changes, address
changes, or employment setting changes to the board within 30 days.
(d)
The board is not responsible for any lost or misdirected
mail if sent to the address last reported by the licensee.
(e)
The board may ask any applicant for licensure as a social
worker, whose file contains negative references of good moral character, to
come before the board for an interview before the licensure process may proceed.
(f)
The board may consider the failure of a social worker to
respond to a request from the board or executive director for information
or other correspondence as unprofessional conduct and grounds for disciplinary
proceedings in accordance with this chapter.
§781.413.Assumed Names.
(a)
An individual practice by a social worker may be incorporated
in accordance with the Professional Corporation Act, or other applicable law.
(b)
When an assumed name is used in any practice of social
work, the name of the social worker must be listed in conjunction with the
assumed name. An assumed name used by a social worker must not be false, deceptive,
or misleading.
§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 on a sign prominently displayed in the primary
place of business; or
(b)
The board shall make consumer information available to
the public.
§781.415.Display of License Certificate.
(a)
A social worker shall display the license certificate,
issued by the board, in a prominent place at each location of practice.
(b)
A social worker shall display only an original of the license
certificate issued by the board.
(c)
A social worker shall not make any alteration on a license
certificate issued by the board.
(d)
A social worker shall not display a license certificate
issued by the board, which has been reproduced or is expired, suspended, or
revoked.
(e)
A licensee who elects to copy or allow to be copied a license
certificate issued by the board takes full responsibility for the use or misuse
of the reproduced license.
§781.416.Advertising and Announcements.
(a)
Information used by a social worker in any advertisement
or announcement of services shall not contain information which is deceptive,
inaccurate, incomplete, or out of context.
(b)
The board imposes no restrictions on the advertising medium
a social worker uses, including personal appearances, use of personal voice,
size or duration of the advertisement or use of a trade name.
(c)
All advertisements or announcements of professional services
which a licensee offers, including telephone directory listings, shall clearly
state the social worker's licensure designation.
(d)
A social worker shall not include in advertising or announcements
any information or any reference to certification in a field outside of social
work or membership in any organization, if that information might confuse
or mislead the public as to the services or legal recognition of the social
worker.
(e)
Information used by a licensee in any advertisement or
announcement shall not contain information, which is false, inaccurate, misleading,
incomplete, out of context, deceptive or not readily verifiable. Advertising
includes, but is not limited to, any announcement of services, letterhead,
business cards, commercial products, and billing statements.
(f)
A licensee who retains or hires others to advertise or
promote the licensee's practice remains responsible for the statements and
representations made.
§781.417.Research and Publications.
(a)
In research with a human subject, a social worker is responsible
for the subject's welfare throughout a project, shall obtain informed consent
and take reasonable precautions so that the subject shall suffer no injurious
emotional, physical or social effect.
(b)
A social worker shall disguise data obtained from a professional
relationship for the purposes of education or research to ensure full protection
of the identity of the subject client.
(c)
When conducting and reporting research, a social worker
must give recognition to previous work on the topic as well as observe all
copyright laws.
(d)
A social worker must give due credit through joint authorship,
acknowledgment, footnote statements, Internet sources or other appropriate
means to those who have contributed significantly to the social worker's research
or publication.
§781.418.Provision of Court Ordered Home Studies, Adoption Studies or Custody Evaluations.
(a)
The role of social worker is to assist the parties, their
children and the court by maintaining a posture that is both critical and
impartial.
(b)
Social workers performing such evaluations are required
to provide written reports to the parties and the court and to testify under
oath as to the factual issues and expert opinions. The social worker should
maintain a copy of the report for his/her records in accordance with client
records retention as required by §781.409(4) of this title (relating
to Client Records and Record Keeping).
(c)
Social workers should not use or review previous custody
evaluations or home studies in making a recommendation unless instructed to
do so by the court or by consent of all parties requesting the evaluation.
(d)
The social worker should not perform an evaluation of a
child or family in a case where the social worker has previously served or
is currently serving in another professional role which may compromise the
social worker's objectivity.
(e)
Social workers performing evaluations for the Department
of Family and Protective Services (DFPS) must meet the criteria established
by that agency's Independent Pre-Adoptive Home Screening and Post-Placement
Adoptive Report Rules at 40 Texas Administrative Code, Part 19, Chapter 745.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501866
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.501 - 781.514
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Social Worker Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The repeals affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.501.General.
§781.502.Staggered Renewals.
§781.503.License Renewal.
§781.504.Late Renewal.
§781.505.Inactive Status.
§781.506.Emeritus Status.
§781.507.Active Military Duty.
§781.508.Hour Requirements for Continuing Education.
§781.509.Types of Acceptable Continuing Education.
§781.510.Activities Unacceptable as Continuing Education.
§781.511.Approval of Continuing Education Sponsor.
§781.512.Acceptance of Continuing Education Approved by Another Licensing Board.
§781.513.Credit Hours Granted.
§781.514.Continuing Education Documentation.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501867
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.501 - 781.515
The new rules are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The new rules affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.501.General.
(a)
A license must be renewed biennially.
(b)
A person who holds a license must have fulfilled any continuing
education requirements prescribed by this chapter in order to renew a license.
(c)
Each person who holds a license is responsible for renewing
the license and shall not be excused from paying penalty fees for late renewal.
Failure to receive notice from the board does not waive payment of penalty
fees.
(d)
The board may deny the renewal of the license of a licensee
who is in violation of the Act, or this chapter, at the time of application
for renewal.
(e)
A person whose license has expired shall not use the terms
or titles described in the Act, §505.351. The person shall return his
or her license to the board.
(f)
The deadlines established for renewals, late renewals,
and penalty fees are based on the postmarked date of the documentation submitted
by the licensee.
(g)
The board shall deny renewal if required by the Education
Code, §57.491 (relating to Defaults on Guaranteed Student Loans).
(h)
The board upon receipt of a final court or attorney general's
order will suspend a license due to failure to pay child support per the Family
Code, Chapter 232. The individual must pay the reinstatement fee set out in §781.217
of this title (relating to Fees).
(i)
A license must be renewed and in good standing prior to
the licensee obtaining a different category of licensure.
§781.502.Staggered Renewals.
The board shall use a staggered system for license renewals.
(1)
The renewal date of a license shall be the last day of
the licensee's birth month.
(2)
License fees will be prorated if the licensee's initial
renewal date, as determined by the board, occurs less than 12 months after
the original date of licensure.
(3)
Prorated fees shall be rounded off to the nearest dollar.
§781.503.License Renewal.
(a)
At least 45 days prior to the expiration of a license,
the board will send notice to a licensee that includes the expiration date
of the license, a schedule of the renewal and penalty fees, and continuing
competency activities needed to complete the renewal requirements.
(b)
A license renewal form shall be furnished to licensees
eligible for renewal. The form shall require the licensee to provide current
addresses; telephone numbers; continuing education completed; a signed statement
regarding any civil lawsuits, criminal cases and convictions or any complaints
against, investigations involving, or actions against the licensee by any
licensing or certification body; and a statement of continuing compliance
with the Act and this chapter.
(c)
The executive director will respond in writing to the application
for renewal within 15 working days of initial receipt and of receipt of a
completed application (if the initial application is deficient) notifying
the applicant that his or her license is renewed, that the application is
deficient, or that renewal is proposed for denial. Failure to process a renewal
application in the time periods stated shall be governed by §781.305(h)
and (i) of this title (relating to Application for Licensure).
(d)
The board shall renew the license of a social worker whom
has met all requirements for renewal including payment of all fees and submission
of documentation of completion of all required continuing education.
(e)
If a licensee has made timely and sufficient application
for renewal, the license does not expire until the board has acted on the
renewal. If the licensee claims to have made timely and sufficient application
and is otherwise eligible for license renewal, his or her license will be
considered to be current until the renewal is issued or until the board office
receives the information that timely and sufficient application was not made.
(f)
A licensee who has been recommended for disciplinary action
must file a timely and complete application for license renewal. If the licensee
fails to pay all fees or to document completion of required continuing education
he or she must cease all social work practice until all requirements for license
renewal are complete.
(g)
The board may deny the renewal of a license if the licensee
is a party to a formal disciplinary action. A formal action commences when
the notice described in §781.602(c) of this title (relating to Disciplinary
Action and Notices) is mailed by the board.
(h)
A license that is not revoked or suspended as a result
of formal proceedings shall be renewed provided that all other requirements
are met.
(i)
In the case of delay in the license renewal process because
of formal disciplinary action, penalty fees shall not apply.
(j)
If a complaint against a licensee is in process on the
date that his or her license renewal is due:
(1)
a notice will be sent to the licensee, certified mail return
receipt requested to the mailing address on file with the board, requiring
the licensee to renew his or her license or return his or her license to the
board;
(2)
the notice will state that the complaint process will continue
until its final resolution or if the license is renewed; and
(3)
unless the return receipt is received by the board, receipt
of the notice will be presumed to have occurred as provided in §781.602
of this title.
§781.504.Late Renewal.
(a)
A person who fails to meet all the requirements to renew
his or her license by the renewal date ceases to be licensed.
(b)
A person who renews a license after the expiration date
but on or before 90 days after the expiration date shall pay the renewal fee
and appropriate penalty fees.
(c)
If a person has not renewed a license for more than 30
days after the date of expiration, the board shall inform the person of the
expiration date of the license and the amount of the fee required for renewal.
(d)
The board shall notify a person whose license is expired
that the person may not practice social work or otherwise violate the Act.
(e)
A person whose license was not renewed on or before 90
days from the expiration date may renew within one year of the expiration
date by paying the appropriate renewal and penalty fees.
(f)
If a person did not have the required continuing education
at the time of expiration of the license, the person shall file evidence of
completion of the required continuing education before the license can be
renewed.
(g)
The continuing education may have been earned during the
continuing education period or within the one-year period following expiration.
(h)
The evidence of continuing education shall be the completed
continuing education form and other documentation required by the board.
(i)
On or after one year from the expiration date, a person
may no longer renew the license and must reapply by submitting a new application,
paying the required fees, and meeting the current requirements for the license
including passing the licensure examination.
§781.505.Inactive Status.
(a)
A licensee whose license has not lapsed, but who is not
employed to provide social work services in Texas, is eligible for inactive
status. The request for inactive status may be made to the board at any time
prior to the lapse of the license.
(b)
No continuing education is required of a licensee while
on inactive status.
(c)
The inactive status fee and any applicable renewal fee
and penalty fee for late renewal must be paid prior to the date the license
lapses.
(d)
A person must notify the board in writing to reactivate
the person's status. Reactivation status shall begin on the first day of the
month following payment of the license fee. The license fee shall be prorated
to the next renewal date in accordance with §781.502 of this title (relating
to Staggered Renewals).
§781.506.Emeritus Status.
(a)
A licensee who is at least 55 years of age, or disabled,
and who is not engaged in professional social work practice, is eligible for
an emeritus license. The request for emeritus status must be submitted in
writing to the board.
(b)
On receipt of the request the board will issue an emeritus
license that will remain valid for the lifetime of the licensee. No renewal
fee or continuing education will be required.
(c)
The emeritus licensee may only use his or her emeritus
title in the provision of social work services as a volunteer. The emeritus
social worker may not receive any compensation for social work services.
(d)
An emeritus license can be reinstated to an active license
without being subject to the additional penalty for late renewal of a license.
To be eligible for a new license, the person would be required to submit an
updated application and the application and license fee. Submission of verification
of education, supervision, and examination score is not required.
§781.507.Active Military Duty.
(a)
A licensee on active duty with the Armed Forces of the
United States who is not practicing in the State of Texas at the time of renewal
is exempt from the renewal requirement and may, within one year of his or
her return to Texas or release from active duty, whichever occurs first, request
reinstatement of his or her license.
(b)
The board will issue a license on receipt of the request
for reinstatement, documentation of his or her active duty status at the time
the license expired, and the fee for the current license. No continuing education
will be required prior to reinstatement and no penalty fees will be charged.
§781.508.Hour Requirements for Continuing Education.
(a)
A licensee must complete:
(1)
30 clock hours of continuing education annually from board
approved providers. A clock hour is defined as 60 minutes of standard time;
and
(2)
a minimum of three hours of continuing education biennially
in professional ethics and social work values each year as part of the required
30 clock hours. A licensee may earn credit for ethics hours as a presenter
or participant.
(b)
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 Professional Development
Committee of the board. Should the committee overturn the decision of the
executive director, the committee 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 committee and the licensee
be denied in the appeal, all late fees accrued will apply.
§781.509.Types of Acceptable Continuing Education.
Continuing education undertaken by a licensee shall be acceptable to
the board as credit hours if the education falls in one or more of the following
categories:
(1)
participating in institutes, seminars, workshops, conferences,
independent study programs, post graduate training programs, college academic
or continuing education courses which are related to or enhance the practice
of social work and are offered or sponsored by a board approved provider;
(2)
teaching or presenting the activities described in paragraph
(1) of this section;
(3)
writing a published work or making a presentation directed
toward or applicable to the profession of social work;
(4)
providing professional guidance as a field instructor for
social work interns in connection with a college or university accredited
by or in candidacy status with CSWE; or
(5)
providing supervision to a social worker participating
in the program in accordance with §781.313 of this title (relating to
the Alternative Method of Examining Competency (AMEC) Program).
§781.510.Activities Unacceptable as Continuing Education.
The board will not give credit hours for:
(1)
education incidental to the regular professional activities
of a social worker such as learning occurring from experience or research;
(2)
organizational activity such as serving on committees or
councils or as an officer in a professional organization;
(3)
meetings and activities such as in service programs which
are required as a part of one's job unless the in service training is a type
of acceptable continuing education under §781.509 of this title (relating
to Types of Acceptable Continuing Education);
(4)
college academic courses which are audited or not taken
for credit; or
(5)
any experience which does not fit the types of acceptable
continuing education in §781.509 of this title.
§781.511.Approval of Continuing Education Sponsor.
(a)
A sponsor must be approved under this section to offer
continuing education programs.
(b)
A person seeking approval as a continuing education sponsor
shall file an application on board forms and include the continuing education
sponsor application fee. Governmental agencies shall be exempt from paying
this fee.
(c)
Entities that receive automatic status without application
or fee as approved providers are:
(1)
accredited colleges and universities;
(2)
a national or statewide association, board or organization
representing members of the social work profession;
(3)
nationally accredited health or mental health facilities;
or
(4)
a person or agency approved by any state or national organization
in a related field such as medicine, psychiatry, psychology, sociology, marriage
and family therapy, and similar field of human service practice.
(d)
The applicant shall certify on the application that:
(1)
all programs offered by the sponsor for credit hours from
the board will comply with the criteria in this section; and
(2)
the sponsor will be responsible for verifying attendance
at each program and provide a certificate of attendance as set forth in subsection
(k) of this section.
(e)
A program offered by a sponsor for credit hours from the
board shall:
(1)
contribute to the advancement, extension and enhancement
of the professional skills and knowledge of the licensee in the practice of
social work;
(2)
be developed and presented by persons who are appropriately
knowledgeable in the subject matter of the program and training techniques;
(3)
specify the course objectives, course content and teaching
methods to be used;
(4)
specify the number of credit hours; and
(5)
specify the number of credit hours in ethics and values
separately and as part of the total hours credited.
(f)
The sponsor must document each program's compliance with
subsection (d) of this section and maintain that documentation for a period
of three years.
(g)
The executive director will review the continuing education
sponsor application and notify the applicant of any deficiencies or grant
approval and indicate the continuing education sponsor approval number to
be noted on all certificates of attendance.
(h)
Each continuing education program 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 sponsor
by mail. The sponsor and the instructor, together, shall review the evaluation
outcomes and revise subsequent programs accordingly. The sponsor shall keep
all evaluations for three years and allow the board to review the evaluations
on request.
(i)
An approved sponsor may subcontract with individuals or
organizations to provide continuing education programs. The sponsor must insure
that the subcontractor meets all requirements of this section. The Sponsor
will provide a listing of subcontractors utilized as part of the renewal process.
(j)
To maintain approval as a sponsor, each sponsor shall submit
to the board annually an application for renewal of the approved provider
status and a application fee if applicable.
(k)
It shall be the responsibility of a sponsor to provide
each participant in a program with a legible certificate of attendance. The
certificate of attendance shall contain:
(1)
the name of the sponsor and approval number;
(2)
the name of the participant;
(3)
the title of the program;
(4)
the number of credit hours given, including ethics hours
credited;
(5)
the date and place of the program;
(6)
the signature of the sponsor or its representative; and
(7)
board contact information.
(l)
The sponsor shall maintain attendance records for not less
than two years.
(m)
The sponsor shall be responsible for assuring that no licensee
receives continuing education credit for time not actually spent attending
the program.
(n)
Upon the failure of a sponsor to comply with any of the
requirements of this section, the board, after notice to the sponsor and a
due process hearing, may revoke the sponsor's approval status.
(o)
The board may evaluate any approved sponsor or applicant
at any time to ensure compliance with requirements of this section.
(p)
Complaints regarding continuing education programs offered
by approved providers may be submitted in writing to the executive director.
§781.512.Removal of Continuing Education Sponsorship Status.
(a)
The board retains the right to remove the approval status
of a continuing education sponsor.
(b)
The board may remove a sponsor who is not in compliance
with board requirements at the time of renewal.
(c)
A sponsor removed by the board may reapply the 91st day
following the board action.
(d)
The executive director shall review complaints regarding
the compliance with board requirements of a continuing education sponsor for
possible action.
(e)
Sponsors removed or denied may request a review by the
Professional Development Committee.
(f)
Continuing education hours received from a sponsor who
has been removed 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.
(g)
Continuing education hours received from sponsors 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.
(h)
Fees paid by a sponsor who has been removed or denied are
non-refundable.
(i)
The Professional Development Committee shall review reapplication
by a formerly approved or denied sponsor.
§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 Approval of Continuing Education Sponsor) for the
board to review and a fee equal to the continuing education sponsor 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 Professional Development Committee of the board.
§781.514.Credit Hours Granted.
The board will grant the following credit hours toward the continuing
education requirements for license renewal.
(1)
One credit hour will be given for each hour of participation
in a continuing education program by an approved provider.
(2)
Credit may be earned, post-licensure, through successfully
completing postgraduate training programs (e.g., intern, residency, or fellowship
programs) or successfully completing social work related courses which are
part of the curriculum of a graduate school of social work at a rate of five
credit hours per each semester hour or its equivalent not to exceed 10 hours
per renewal period. A licensee may complete the ethics requirement in §781.508(a)(2)
of this title (relating to Hour Requirements for Continuing Education) only
through a course specifically designated as an ethics course.
(3)
Credit may be earned for teaching social work courses in
an accredited college or university. Credit will be applied at the rate of
five credit hours for every course taught, not to exceed 15 hours per renewal
period. A licensee may complete the ethics requirement in §781.508(a)(2)
of this title only through teaching a course specifically designated as an
ethics course.
(4)
A field instructor for a social work intern will be granted
five credit hours for each college semester completed, not to exceed 20 credit
hours per renewal period.
(5)
A presenter of a continuing education program or an author
of a published work, which imparts social work knowledge and skills, may be
granted five credit hours for each original or substantially revised presentation
or publication, not to exceed 10 credit hours per renewal period.
(6)
Credit hours may be earned by successful completion of
an independent study program directly related to social work offered or approved
by an approved provider. With the exception of persons residing outside the
United States, a maximum of 10 credit hours for independent study programs
will be accepted per renewal period.
(7)
A licensee may carry over to the next renewal period up
to 10 credit hours earned in excess of the continuing education renewal requirements.
Continuing education earned during the licensee's birth month may be used
for the current renewal or for the following year.
§781.515.Continuing Education Documentation.
(a)
Credit hours must be listed on the license renewal form
supplied by the board. Failure to submit the form or failure to complete the
required continuing education is grounds for denial of the application for
license renewal.
(b)
A random sample of renewal applications will be selected
for review.
(c)
Documentation of continuing education listed on the renewal
form must be retained for three years.
(d)
A licensee who is selected for review will be notified
by mail and required to submit acceptable documentation of the continuing
education listed on the continuing education report form. Acceptable documentation
includes the following:
(1)
copies of continuing education certificates of attendance
or other form of verification from the provider of the continuing education
program;
(2)
grade reports or transcripts verifying the completion of
a college course;
(3)
letters from the dean or department head or his or her
authorized representative verifying the teaching or field instructor assignment;
(4)
letters from the program sponsor verifying participation
as a presenter in a continuing education program or a copy of the program;
or
(5)
copies of continuing education programs and other documentation
as necessary to establish the relevance of its content to social work practice
for any continuing education program which does not have an approved provider
number.
(e)
All forms of verification must include the subject, date(s),
credit hours given and name of the sponsor, board issued sponsor approval
number or other identifying sponsor information and board contact information
(if applicable).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501868
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.601 - 781.610
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Social Worker Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The repeals affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.601.Purpose.
§781.602.Disciplinary Action; Notices.
§781.603.Complaint Procedures.
§781.604.Ethics Committee Meetings and Policy.
§781.605.Informal Hearing Meetings.
§781.606.Licensing of Persons with Criminal Backgrounds.
§781.607.Suspension, Revocation, or Nonrenewal.
§781.608.Informal Disposition.
§781.609.Default Orders.
§781.610.Monitoring of Licensees.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501869
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.601 - 781.610
The new rules are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The new rules affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.601.Purpose.
The purpose of this Subchapter is to set out grounds for denial of
an application or discipline of a licensee and the procedures for reporting
alleged violations of the Act or this chapter.
§781.602.Disciplinary Action and Notices.
(a)
The board shall revoke, suspend, suspend on an emergency
basis, or deny a license or order of recognition, place on probation a person
whose license or order of recognition has been suspended, or reprimand a person
with a license or order of recognition for any of the following reasons:
(1)
violation of any provision of the Act;
(2)
violation of any rule adopted by the board;
(3)
failure to cooperate in the investigation of a complaint
filed under the provisions of this chapter;
(4)
physical or mental incompetency to perform social work
services as determined by the board;
(5)
provision of false or misleading information to the board
regarding his or her qualifications for licensure or renewal or to an inquiry
by the board;
(6)
any of the grounds described in the Act, §505.021(a);
or
(7)
violation of law or rules of another health or mental health
profession resulting in disciplinary action by the regulatory body of that
profession.
(b)
Prior to institution of formal disciplinary proceedings
against a licensee, the board shall give written notice to the licensee by
certified mail, return receipt requested or registered mail. The notice of
violation letter will include the facts or conduct alleged to warrant revocation,
suspension, or reprimand and the severity level from the sanction guide. The
licensee shall be given the opportunity, as described in the notice, to show
compliance with all requirements of the Act and this chapter.
(c)
The licensee or applicant must request, in writing, a formal
hearing within 10 days of receipt of the notice, or the right to a hearing
shall be waived and the license or recognition shall be denied, revoked, suspended,
probated, or reprimanded.
(d)
Receipt of a notice under subsection (b) or (c) of this
section is presumed to occur on the tenth day after the notice is mailed to
the last address known to the board unless another date is reflected on a
United States Postal Service return receipt or other official receipt.
(e)
The licensee will be considered to have received notice
of board disciplinary action if the notice is mailed to the last address provided
in writing to the board by the licensee.
(f)
If a notice is mailed to the last known address of the
licensee, and the licensee fails to respond to the notice within 10 days from
receipt of the notice, the licensee will be considered to have waived his
or her right to a hearing in the matter.
§781.603.Complaint Procedures.
(a)
A person wishing to report an alleged violation of the
Act or this chapter by a licensee or other person shall notify the executive
director. The initial notification may be in writing, by telephone, or by
personal visit to the board office.
(b)
The executive director will be responsible for the receipt
and processing of complaints. The executive director will maintain a log of
the receipt, investigation and disposition of all complaints. The board chairperson
will appoint an ethics committee to work with the executive director.
(c)
The board office shall not accept a complaint if the official
form is not filed within five years of the date of termination of the professional-client
relationship which gave rise to the alleged violations or five years from
the date the complainant learned the behavior of the social worker was a violation
of the rules and/or law. If the client was a minor at the time of the alleged
violation, this time limitation does not begin to run until the client reaches
the age of 18 years. A complainant shall be notified of the non-acceptance
of untimely complaints.
(d)
The board may waive the time limitation in cases of egregious
acts or continuing threats to public health or safety when presented with
specific evidence that warrants such action.
(e)
On receipt of a complaint, the executive director shall
send an acknowledgment letter. If the complaint is not in the form of a sworn
statement, a copy of applicable rules, and an official form will be included
with the letter of acknowledgment and further action on the complaint may,
at the discretion of the executive director, be delayed until a sworn statement
is received. The executive director may accept an anonymous complaint or a
complaint that is not a sworn statement if there is sufficient information
for the investigation; however, the executive director shall then complete
a complaint form under oath.
(f)
Within 15 days of the receipt of a complaint, the executive
director shall review the complaint to assure that there is sufficient information
to initiate an investigation and that the allegations contained in the complaint
fall within the board's jurisdiction. If the complaint is against a person
licensed by another board, the executive director will forward the complaint
to that board not later than the 15th day after the date the agency determines
that the information should be referred to the appropriate agency as provided
in Government Code, Chapter 774.
(g)
If the allegations do not fall within the board's jurisdiction,
the executive director shall refer the complaint to the Ethics Committee.
Based on its review of the complaint, the Ethics Committee may instruct the
executive director to:
(1)
close the complaint with a letter to the complainant explaining
why the complaint is not within the board's jurisdiction; or
(2)
advise the complainant of the additional information necessary
to initiate an investigation.
(h)
If the allegations in the complaint are within the board's
jurisdiction and sufficient for investigation, the executive director shall:
(1)
evaluate the threat to public health and safety documented
by the complaint;
(2)
establish an appropriate plan and schedule for its investigation
to be noted in the complaint log;
(3)
notify all parties, as appropriate, to the circumstances
of the complaint, that an investigation has been initiated, and provide a
copy of the board's policy regarding the time frame for conducting an investigation;
and
(4)
report the status of all continuing investigations to the
complainant and the licensee or applicant every 90 days.
(i)
The executive director will initiate the investigation
of a complaint by requesting statements and evidence from all parties; by
requesting that the complaint investigation be conducted by a department investigator;
or may enlist the service of a private investigator.
(j)
If an investigation is assigned to an investigator, the
executive director will request a written report of the progress of the investigation
at least two weeks before each meeting of the ethics committee until the investigation
is complete and will provide a copy of the report to the committee.
(k)
If an investigation uncovers evidence of a criminal act,
the appropriate law enforcement officials will be notified only with approval
of the executive director or the Ethics Committee. In any case, the complaint
process will continue to its completion unless a written request is received
from a law enforcement agency requesting that action on the complaint be delayed,
stating the reason for requesting the delay, and stating an anticipated date
by which that agency plans to take action on the case.
(l)
If a law enforcement agency has requested a delay in the
complaint process in writing, the executive director will request timely updates
on that agency's progress in bringing the matter to a close.
(m)
The executive director will inform the board if the services
of a private investigator are needed for the timely completion of a complaint
investigation or for any other reason.
(n)
The subject of the complaint will be notified of the allegations
either in writing, by phone or in person by the executive director or the
investigator assigned to the case and will be required to provide a sworn
response to the allegations within two weeks of that notice. Failure to respond
to the allegations within the two-week period is evidence of failure to cooperate
with the investigation and subject to disciplinary action.
(o)
The ethics committee will review the complaint log to ensure
that:
(1)
complaint investigations are being handled in a timely
manner;
(2)
complaints are not dismissed without appropriate consideration;
(3)
a person who files a complaint has an opportunity to explain
the allegations made in the complaint; and
(4)
any issues related to complaints which arise under the
Act, or this chapter, are resolved.
(p)
The ethics committee shall determine whether a violation
exists and whether to dismiss the complaint as unsubstantiated or to consider
appropriate disciplinary action.
(q)
If a violation is found but it does not seriously affect
the health and safety of clients or other persons, the committee may resolve
the complaint by informal methods such as a cease and desist order or an informal
agreement with the violator to correct the violation.
(r)
If the complaint is not resolved by the committee, the
committee may recommend that disciplinary action be taken or that other appropriate
action as authorized by law be taken, including injunctive relief or civil
penalties. Action may be taken based on the allegations in the complaint or
any violations found during investigation.
(s)
If no violation exists or the complaint is dismissed as
unsubstantiated, the complainant and the licensee or applicant shall be notified
in writing of the finding. The committee may include in that notice a statement
of issues and recommendations that the committee wishes to bring to the attention
of the subject of the complaint.
(t)
If the executive director receives credible evidence that
a licensee is engaging in acts that pose an immediate and significant threat
of physical or emotional harm to the public, the executive director shall
consult with the members of the ethics committee for authorization for an
emergency suspension of the license.
§781.604.Ethics Committee Meetings and Policy.
(a)
The Ethics Committee will meet on a regular basis to review
and recommend action on complaints filed against social workers. Additionally,
the committee will hold informal hearings to review previous committee actions
at the request of a party to a complaint.
(b)
An agenda and completed reports of complaint investigations
will be sent to committee members approximately two weeks prior to each meeting.
The agenda will list all items to be considered by the committee. Complaints
will be listed on the agenda by the assigned complaint tracking number.
(c)
Persons who are not members of the committee are permitted
to observe committee work unless the committee enters into executive session
for legal consultation. Committee members, staff, consultants and licensees
against whom the complaint is filed and the person filing the complaint may
participate in the discussion of a complaint pending action before the committee.
The committee chair or committee by vote may impose time limitations on discussion.
(d)
A report on all completed investigations will be provided
to committee members. The report will include copies of information obtained
in the investigation and a summary sheet with a staff recommendation for the
disposition for each case. Cases will be grouped on the agenda according to
their recommended disposition. Cases that are recommended for closure will
be listed together as a consent agenda item. Any committee member, consultant,
or staff person may remove cases from the consent agenda for individual review
upon request. All cases left on the consent agenda will be voted on as a group
for closure. All other cases will be considered on an individual basis.
(e)
The committee will base its decision regarding the validity
of a complaint on the evidence documented in the report of the investigation.
The committee may find that there is or is not evidence of a violation of
licensing law or rules or the committee may request additional information
of a case for later review. If the committee finds that a social worker has
violated licensing law or rules, the committee will consider the established
policy guidelines and other relevant factors in their recommendation of disciplinary
action.
(f)
All parties to a complaint will be notified of the findings
and recommendations of the committee. Any party to the complaint who disagrees
with the action of the committee may submit a written statement of the reasons
for his or her disagreement, and may request an informal hearing before the
committee. Request for an informal hearing must be made within 10 days of
the date of the letter stating the disposition of the case.
§781.605.Informal Hearing Meetings.
(a)
Informal hearings will be scheduled for the next meeting
of the complaints committee meeting consistent with public notice requirements.
All parties to the complaint will be notified of the date and location of
the informal hearing and of their right to be heard at that meeting or to
submit relevant material to the committee for their review.
(b)
All parties to the complaint will be given an opportunity
to make a statement to the committee. Based on the evidence, the committee
may revise its findings and recommendation as appropriate or reaffirm its
original action. All parties to the complaint will be notified of the committee's
decision.
(c)
The board's legal counsel or an attorney from the department's
Office of General Counsel shall attend each settlement conference.
§781.606.Licensing of Persons with Criminal Backgrounds.
(a)
The board may take action against a licensee or deny a
license pursuant to Texas Occupations Code, Chapter 53, concerning felony
or misdemeanor convictions, or the Act, §505.451(12), concerning felony
convictions.
(b)
The following felonies and misdemeanors relate to licensure
as a social worker because these criminal offenses indicate an inability or
a tendency to be unable to perform as a social worker:
(1)
a violation of the Act;
(2)
failure to report child abuse or neglect;
(3)
a misdemeanor involving deceptive business practices;
(4)
the offense of assault or sexual assault;
(5)
the felony offense of theft; or
(6)
any other misdemeanor or felony which would indicate an
inability or a tendency to be unable to perform as a social worker.
(c)
An applicant or licensee with a criminal background may
provide or be requested to provide documentation of rehabilitation for consideration
by the appropriate committee of the board.
(d)
Documentation of rehabilitation may include the following:
(1)
court records related to the conviction;
(2)
documents related to the sentence imposed by the court;
(3)
documents of completion of the sentence;
(4)
documents of satisfactory completion of probation or parole;
(5)
information about subsequent good conduct;
(6)
letters of support from employers or others who have knowledge
of the applicant's accomplishments following the conviction; and
(7)
any other information that supports the applicant's qualifications
for a license.
(8)
summary of the arresting event and conditions which lead
to the event.
(e)
The licensee may be referred to the appropriate board committee
for review and determination of eligibility or monitoring requirements. Licensees
referred to the board are afforded due process under the APA.
§781.607.Suspension, Revocation, or Non-renewal.
(a)
If the board suspends a license or recognition, the suspension
shall remain in effect for the period of time stated in the order or until
the board determines that the reason for the suspension no longer exists.
(b)
While on suspension, the licensee shall comply with the
renewal requirements in this chapter including payment of fees and completion
of continuing education; however, the suspension shall remain in effect pursuant
to subsection (a) of this section.
(c)
Upon revocation, suspension or non-renewal of a license,
a licensee shall return his or her license to the board.
§781.608.Informal Disposition.
(a)
If a licensee agrees to the disciplinary action proposed
by the ethics committee, an agreed order shall be prepared by the board office
or the board's legal counsel and forwarded to the licensee or applicant. The
order shall contain agreed findings of fact and conclusions of law.
(1)
The licensee or applicant shall execute the order and return
the signed order to the board office within 10 days of his or her receipt
of the order.
(2)
If the licensee or applicant signs and accepts the recommendations,
the agreed order shall be submitted to the entire board for its approval.
Placement of the agreed order on the board agenda shall constitute only a
recommendation for approval by the board.
(3)
If the licensee or applicant fails to return the signed
order within the stated time period, the inaction shall constitute rejection
of the settlement recommendations.
(4)
If the licensee or applicant rejects the proposed settlement,
the matter shall be referred to the executive director for appropriate action.
(b)
The licensee or applicant shall be notified of the date,
time, and place of the board meeting at which the proposed agreed order will
be considered. Attendance by the licensee or applicant is voluntary.
(c)
Upon an affirmative majority vote, the board shall enter
an agreed order approving the accepted settlement recommendations. The board
may not change the terms of a proposed order but may only approve or disapprove
an agreed order unless the licensee or applicant is present at the board meeting
and agrees to other terms proposed by the board.
(d)
If the board does not approve a proposed agreed order,
the licensee or applicant and the complainant shall be so informed. The matter
shall be referred to the executive director for other appropriate action.
(e)
A proposed agreed order is not effective until the full
board has approved the agreed order. The order shall then be effective in
accordance with the APA.
(f)
A licensee's opportunity for an informal conference under
this section shall satisfy the requirement of the APA, §2001.054(c).
§781.609.Default Orders.
(a)
If a right to a hearing is waived under §781.602(c)
of this title (relating to Disciplinary Action; Notices) or §781.703(b)
of this title (relating to Notice), the board shall consider an order taking
disciplinary action as described in the written notice to the licensee or
applicant.
(b)
The licensee or applicant and the complainant shall be
notified of the date, time, and place of the board meeting at which the default
order will be considered. Attendance is voluntary.
(c)
The board's legal counsel or any attorney from the department's
Office of General Counsel shall attend the board meeting.
(d)
Upon an affirmative majority vote, the board shall enter
an order imposing appropriate disciplinary action.
§781.610.Monitoring of Licensees.
(a)
The executive director shall maintain a disciplinary action
tracking system.
(b)
Each licensee that has had disciplinary action taken against
his or her license or recognition shall be required to submit regularly scheduled
reports at intervals appropriate to each individual situation.
(c)
The executive director shall review the reports regarding
licensees on monitoring as a result of formal disciplinary action and notify
the ethics committee if the requirements of the disciplinary action are not
met.
(d)
The ethics committee may consider more severe disciplinary
proceedings if noncompliance occurs.
(e)
The board may require monitoring of a licensee who may
pose a potential threat to public health or safety, regardless of whether
a formal complaint has been received by the board. The board may require a
licensee on monitoring status to comply with specified conditions set forth
by the board. A licensee placed on this type of monitoring is not considered
to have formal disciplinary action taken against their license, but must comply
fully with the order of the board or face possible formal disciplinary action
levied by the board. Factors that may constitute a potential threat to public
health or safety may include, but are not limited to, reports of chemical
abuse by a licensee, mental and/or physical health concerns, and/or criminal
activity or allegations, whether pending or in final disposition by a court
of law.
(f)
Participants of the AMEC program in accordance with §781.311
of this title (relating to Temporary License) shall be considered to be on
monitoring status until released by the board and issued a regular license.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501870
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.701 - 781.707
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Social Worker Examiners or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The repeals affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.701.Purpose.
§781.702.General.
§781.703.Notice.
§781.704.Subpoenas.
§781.705.Prehearing Conferences.
§781.706.Hearing Procedure.
§781.707.Action after the Hearing.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501871
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
22 TAC §§781.701 - 781.707
The new rules are proposed under the Social Work Practice
Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules
concerning the licensure and practice of social workers.
The new rules affect Occupations Code, Chapter 505. The review of the rules
implements Government Code, §2001.039.
§781.701.Purpose.
This subchapter covers the formal hearing procedures and practices
that will be used by the board in handling denials, suspensions, probations,
and revocations of a license and implements the contested case provisions
of the APA.
§781.702.General.
(a)
The board or ethics committee on its own motion or on request
from a licensee or applicant may initiate a formal hearing. A formal hearing
and all related proceedings shall be conducted in accordance with the provisions
of the APA, applicable state and federal statutes, and this chapter.
(b)
The formal hearing shall be held before ALJ.
(c)
A formal hearing shall be held in Travis County, Texas,
unless otherwise determined by the ALJ or upon agreement of the parties.
(d)
The parties to a hearing shall be the applicant or licensee
and the ethics committee of the board.
(e)
A copy of all pleadings, motions, or any other documents
filed with the ALJ shall be provided to all other parties by first class United
States mail or personal delivery and certified, in writing, with the names,
addresses, date and manner of service of the parties to whom a copy was furnished.
§781.703.Notice.
(a)
The ALJ shall ensure that notice of the formal hearing
is given in accordance with the notice requirements of the APA.
(b)
If a party fails to appear or be represented at a hearing
or proceeding after receiving notice:
(1)
the ALJ may proceed with the hearing or proceeding or take
whatever action is fair and appropriate under the circumstances.
(2)
service of the notice of hearing may be sent by certified
or registered mail, return receipt requested, to the licensee's last known
address as shown by the board's records. This notice will include disclosure,
in 10-point, boldface type, of the fact that upon failure of the licensee
to appear at the hearing, the factual allegations in the notice will be deemed
admitted as true, and the relief sought in the notice of the hearing may be
granted by default.
(3)
the applicant or licensee is deemed to be in agreement
with the allegations and proposed action and to have waived the right to a
hearing. Appropriate disciplinary action may be taken by the board.
§781.704.Subpoenas.
(a)
On the written request showing good cause by any party
to the hearing, the executive director shall issue a subpoena to require the
attendance of witnesses or the production of documents. The ALJ may also issue
any necessary subpoenas.
(b)
A party or witness may seek to quash the subpoena or move
for a protective order as provided in the Texas Rules of Civil Procedure.
(c)
A witness or deponent who is not a party and who is subpoenaed
or otherwise compelled shall be paid for mileage, transportation, meals, and
lodging expenses in accordance with current state reimbursement guidelines
in effect at the time of the hearing and a fee of $10 per day in accordance
with the APA.
(d)
In an investigation of a complaint filed with the department,
the board may request the Commissioner of Health or his or her designee to
issue a subpoena to compel the attendance of a relevant witness or the production,
for inspection or copying, of relevant evidence. Information obtained via
subpoena shall not be subject to the Public Information Act, per the Occupations
Code, Chapter 505.
§781.705.Pre-hearing Conferences.
(a)
The ALJ, on his or her own motion, or the motion of a party,
may direct the parties, their attorneys, or representatives to appear at a
specified time and place for a conference prior to the hearing for the purpose
of:
(1)
the formulation and simplification of issues;
(2)
the necessity or desirability of amending the pleadings;
(3)
the possibility of making admissions or stipulations;
(4)
the procedure at the hearing;
(5)
specifying the number of witnesses;
(6)
the mutual exchange of prepared testimony and exhibits;
(7)
designation of parties; and
(8)
other matters which may expedite the hearing.
(b)
The ALJ shall issue whatever orders are necessary to cover
the matters or issues.
(c)
Any action taken at the pre-hearing conference shall be
reduced to writing, signed by the ALJ and the parties, and made a part of
the record.
§781.706.Hearing Procedure.
(a)
The administrative law judge's (ALJ) duties. The ALJ shall
preside over and conduct the hearing. On the day and time designated for the
hearing, the ALJ shall:
(1)
convene and call the hearing to order;
(2)
state the purpose of and the legal authority for the hearing;
(3)
announce that a record of the hearing will be made;
(4)
outline the procedure and order of presentation that will
be followed;
(5)
administer oaths to those who intend to testify; and
(6)
take any and all other actions as authorized by applicable
law and this Subchapter to provide for a fair, just, and proper hearing.
(b)
Presentation.
(1)
After making the necessary introductory and explanatory
remarks on the purpose of and other matters related to the hearing, the ALJ
will begin receiving testimony and evidence from the witnesses.
(2)
The order of proceeding may be altered or modified by the
ALJ either upon agreement of the parties or upon his or her own motion when
such action will expedite the hearing without prejudice to any party.
(3)
The ALJ may limit the number of witnesses whose testimony
will be repetitious. The ALJ may also establish time limits for testimony
so long as all viewpoints are given a reasonable opportunity to be expressed.
(4)
The ALJ, at his or her discretion, may allow final arguments
and shall note the time and close the hearing. The ALJ may hold the record
open for a stated number of days for the purpose of receiving additional evidence
into the record.
(c)
Consolidation. The ALJ, upon his or her own motion or upon
motion by any party, may consolidate for hearing two or more proceedings,
which involve substantially the same parties or issues. Proceedings shall
not be consolidated unless the ALJ finds that such consolidation will be conducive
to a fair, just, and proper hearing and will not result in unwarranted expense
or undue delay.
(d)
Conduct and decorum during the hearing. Every party, witness,
attorney, representative, or other person shall exhibit in all hearings proper
dignity, courtesy, and respect for the ALJ and all other persons participating
in or observing the hearing. The ALJ is authorized to take whatever action
he or she deems necessary and appropriate to maintain the proper level of
decorum and conduct, including, but not limited to, recessing the hearing
to be reconvened at another time or place or excluding from the hearing any
party, witness, attorney, representative, or other person for such period
and upon such conditions as the ALJ deems fair and just.
(e)
Recording the hearing. The ALJ will keep either a stenographic
or other taped record of the hearing proceeding. In the event an independently
contracted court reporter is utilized in the making of the record of the proceedings,
the board shall bear the cost of the per diem or other appearance fee for
such reporter. Any party desiring a written transcript of the proceedings
shall contract directly with such court reporter and be responsible for payment
of same pursuant to the authority of the APA. In those cases when a tape recording
of the formal hearing is made, the board shall make such recording available
to any party requesting permission to hear or, with appropriate protective
measures, allow such recording to be duplicated. Upon appeal of any final
order of the board necessitating the forwarding of the record to a court of
law, the board may assess the cost of the transcript to the appealing party.
(f)
Rules of evidence. The ALJ will apply the Texas Rules of
Civil Evidence and also the following rules:
(1)
Consolidation. The ALJ may consolidate the testimony of
parties or persons if the evidence can be effectively consolidated into one
document or the testimony of one witness. The standard by which the ALJ should
judge this consolidation is whether each party or person can offer unique
or new evidence that has not been previously introduced. Any party, under
oath, may make an offer of proof of the testimony or evidence excluded through
consolidation by dictating into the record or submitting in writing the substance
of the proposed testimony prior to the conclusion of the hearing.
(2)
Exhibits.
(A)
Form. The parties shall make a reasonable effort to introduce
exhibits, which will not unduly encumber the files and records of the board.
(B)
Tender and service. The original of each exhibit offered
shall be tendered to the ALJ or a designee for identification and shall be
offered to the parties for their inspection prior to offering or receiving
the same into evidence.
(C)
Excluded exhibits. In the event an exhibit has been identified,
objected to, and excluded, it shall be given an exhibit number for purposes
of identification and shall be included in the record under seal.
(D)
After the hearing. Unless specifically directed by the
ALJ, no exhibit will be permitted to be filed in any proceeding after the
conclusion of the hearing except in a reopened hearing or a rehearing.
(3)
Admissibility of prepared testimony and exhibits. When
a proceeding will be expedited and the interests of the parties will not be
prejudiced substantially, evidence may be received in written form. The prepared
testimony of a witness upon direct examination, either in narrative or question
and answer form, may be incorporated in the record as if read or received
as an exhibit, upon the witness being sworn and identifying the same as a
true and accurate record of what his or her testimony would be if he or she
were to testify orally. The witness shall be subject to clarifying questions
and to cross-examination and his or her prepared testimony shall be subject
to a motion to strike either in whole or in part.
(4)
Offer of proof. When testimony is excluded by the ALJ,
the party offering such evidence shall be permitted to make an offer of proof
by dictating into the record or submitting in writing the substance of the
proposed testimony prior to the conclusion of the hearing, and such offer
of proof shall be sufficient to preserve the point for review by the board.
The ALJ may ask such questions of the witness as he or she deems necessary
to satisfy himself or herself that the witness would testify as represented
in the offer of proof. An alleged error in sustaining any objections to questions
asked on cross-examination may be preserved without making an offer of proof.
§781.707.Action after the Hearing.
(a)
Proposal for decision.
(1)
The ALJ shall prepare the proposal and provide copies of
the same to all parties.
(2)
Each party having the right and desire to file exceptions
and briefs shall file them with the ALJ within the time designated by the
ALJ.
(3)
Parties desiring to do so shall file written replies to
these exceptions and briefs as soon as possible after receiving same and within
the time designated by the ALJ.
(b)
Pleading after close. At any time after the record has
been closed in a contested case, and prior to the board's decision becoming
final in such case, all briefs, exceptions, written objections, motions, replies
to the foregoing, and all other written documents shall be filed with the
ALJ.
(c)
Final orders or decisions.
(1)
The final order or decision will be rendered by the board.
The board may deny, suspend, probate, or revoke a license as it deems appropriate
and lawful. A decision of the board may include any requirement to be imposed
upon the licensee or applicant, which is related to the individual's practice
as a licensee and is deemed by the board to be appropriate and lawful.
(2)
All final orders shall be signed by the chairperson of
the board; however, interim orders may be issued by the ALJ.
(3)
To protect the public interest and to ensure that appropriate
principles govern the decisions of the board, it is the policy of the board
to change a finding of fact of conclusion of law or to modify a proposed order
of an ALJ when the proposed order is:
(A)
erroneous;
(B)
against the weight of the evidence;
(C)
based on a misapplication or misinterpretation of laws,
rules, or standards;
(D)
based on an insufficient review of the evidence;
(E)
not sufficient to protect the public interest; or
(F)
no appropriate recognition of whether or not rehabilitation
of the licensee or application has occurred.
(d)
Motion for rehearing. A motion for rehearing shall be addressed
to the board and filed with the executive director.
(e)
Appeals. All communications regarding any appeal shall
be to the executive director.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2005.
TRD-200501872
Deborah Hammond, LMSW-ACP
Chair
Texas State Board of Social Worker Examiners
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 458-7236
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
mail an application
] to each licensee
at least 30 days prior to the license expiration date. The licensee bears
the responsibility for ensuring that the license is renewed. [
Licensees
should contact the board if they do not receive a renewal application 30 days
prior to the expiration date.
]
evidence
] of active
service and its inclusive dates.
(b)
Continuing education units
(CEUs). A licensee who is a member of the reserves and called to active military
service whose license expired during the period of active service will be
given a waiver of CEUs. The regular renewal month will not change. The CEUs
for the following biennial renewal will be prorated, i.e., eliminating percentages
of required CEUs for the months of active service.]
Part 34.
TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
Subchapter B. THE BOARD
Subchapter C. LICENSES AND LICENSING PROCESS
Subchapter D. CODE OF ETHICS AND PROFESSIONAL STANDARDS OF PRACTICE
Subchapter D. CODE OF CONDUCT AND PROFESSIONAL STANDARDS OF PRACTICE
Subchapter E. LICENSE RENEWAL AND CONTINUING EDUCATION
Subchapter F. COMPLAINTS AND VIOLATIONS
Subchapter G. FORMAL HEARINGS
Subchapter H. SANCTION GUIDELINES