73R10239 CAG-D
By Schechter, Naishtat, et al. H.B. No. 2202
Substitute the following for H.B. No. 2202:
By Van de Putte C.S.H.B. No. 2202
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of professional social workers and to
1-3 the creation of the Texas State Board of Social Worker Examiners.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 50.001, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 50.001. Title; Definitions. (a) This chapter may be
1-8 cited as the Texas Professional Social Work Act.
1-9 (b) In this chapter:
1-10 (1) "Board" means the Texas State Board of Social
1-11 Worker Examiners <Human Services>.
1-12 (2) "Licensed <Certified> social worker" means a
1-13 person who is duly licensed <certified> as a licensed <certified>
1-14 social worker by the board <department> in accordance with this
1-15 chapter.
1-16 (3) <"Social work services" means the professional
1-17 activity of helping individuals, groups, or communities enhance or
1-18 restore their capacity for social functioning and creating social
1-19 conditions favorable to this goal. Social work services consist of
1-20 the professional application of social work values, principles, and
1-21 techniques to one or more of the following ends: helping people
1-22 obtain tangible services, counseling with individuals, families, or
1-23 groups, helping communities or groups provide social and health
2-1 services, and participating in formulating relevant public
2-2 policies. The practice of social work requires knowledge of human
2-3 development and behavior, of social, economic, and cultural
2-4 institutions, and of the interaction of all these factors.>
2-5 <(4)> "Social worker" means a person who has been
2-6 licensed <duly certified as a social worker> by the board
2-7 <department> in accordance with this chapter.
2-8 (4) "Licensed master social worker" means a person who
2-9 is licensed as a licensed master social worker by the board in
2-10 accordance with this chapter.
2-11 (5) "Advanced clinical practitioner" means a person
2-12 who is licensed as a licensed master social worker and recognized
2-13 as being qualified for the practice of clinical social work by the
2-14 board in accordance with this chapter.
2-15 (6) "Professional social work practice" means service
2-16 and action performed for compensation to effect changes in human
2-17 behavior, a person's emotional responses, interpersonal
2-18 relationships, and the social conditions of individuals, families,
2-19 groups, organizations, and communities. For the purpose of this
2-20 definition, the practice of professional social work is guided by
2-21 special knowledge, acquired through formal professional social work
2-22 education, of social welfare policies and services, social welfare
2-23 systems and resources, human development and behavior within the
2-24 context of the social environment, and methods to enhance the
2-25 functioning of individuals, families, groups, communities, and
3-1 social welfare organizations. Professional social work practice
3-2 involves the disciplined application of social work values,
3-3 principles, and methods, including psychotherapy, marriage and
3-4 family therapy, couples therapy, group therapy, counseling,
3-5 assessment, and evaluation.
3-6 (7) "License" means a license required of a person to
3-7 use any title or represent that the person is authorized to
3-8 practice professional social work under this chapter.
3-9 (8) "Council on Social Work Education" means the
3-10 national organization primarily responsible for accrediting schools
3-11 of social work in the United States.
3-12 (9) "Department" means the Texas Department of Health.
3-13 (10) <(5)> "Social work associate" means a person who
3-14 is licensed <has been duly certified> as a social work associate by
3-15 the board <department> in accordance with this chapter.
3-16 <(6) "Council" means the Council for Social Work
3-17 Certification.>
3-18 <(7) "Department" means the Texas Department of Human
3-19 Services.>
3-20 (c) <(b)> The board <department> may define by rule any word
3-21 or term not defined in this section as necessary to administer or
3-22 enforce this chapter. The definition may not be inconsistent or in
3-23 conflict with the purposes or objectives of this chapter.
3-24 SECTION 2. Chapter 50, Human Resources Code, is amended by
3-25 adding Section 50.0015 to read as follows:
4-1 Sec. 50.0015. FINDINGS. The legislature finds that:
4-2 (1) the profession of social work profoundly affects
4-3 the health and welfare of the people of this state;
4-4 (2) the profession of social work exists to provide
4-5 humane and effective social services to individuals, families,
4-6 groups, communities, and society in order that social functioning
4-7 may be enhanced and the quality of life improved;
4-8 (3) social workers are involved with individuals who
4-9 are hurt, vulnerable, and having difficulty in areas of their lives
4-10 which are extremely sensitive and a failure to help these
4-11 individuals, whether through incompetence or irresponsibility, is a
4-12 serious matter; these individual citizens have the potential to be
4-13 greatly harmed by the services of ill-prepared and incapable
4-14 persons acting as social workers; the economic burden of social
4-15 services which do not give effective aid is a serious social
4-16 problem; and
4-17 (4) the purpose of this Act is to protect the public
4-18 by setting minimum qualifications of education, training, and
4-19 experience for those who seek recognition as professional social
4-20 workers and to promote high standards of professional performance
4-21 for those engaged in the profession of social work.
4-22 SECTION 3. Section 50.002, Human Resources Code, is amended
4-23 to read as follows:
4-24 Sec. 50.002. Exemptions. This chapter does not apply to:
4-25 (1) activities or services of other licensed,
5-1 certified, or registered professions, including physicians and
5-2 surgeons, attorneys, registered and licensed vocational nurses,
5-3 psychologists, occupational therapists, licensed marriage and
5-4 family therapists, licensed chemical dependency counselors and
5-5 licensed professional counselors, if the persons act strictly
5-6 within the scope of their respective licenses and do not use the
5-7 titles in Section 50.010;
5-8 (2) the delivery of human services by a volunteer or a
5-9 staff member, if the person does not represent the person's
5-10 services as social work services or represent the person as a
5-11 social worker or use a title that would imply licensure or
5-12 certification in professional social work services;
5-13 (3) the activity of a student, intern, or trainee in
5-14 social work in connection with an institution of higher learning
5-15 accredited by the Council on Social Work Education;
5-16 (4) an activity constituting a part of the course of
5-17 study for the baccalaureate or master's degree in social work, if
5-18 the person does not use a title that would imply licensure or
5-19 certification in professional social work services;
5-20 (5) a service rendered by a nonresident of this state
5-21 for less than 30 days during the calendar year, if the person is
5-22 authorized to provide the service under the laws of the state or
5-23 country of the person's residence;
5-24 (6) the activity or service of pastoral care
5-25 counselors, including Christian Science practitioners recognized by
6-1 the Church of Christ Scientist as registered and published in the
6-2 Christian Science Journal and other recognized religious
6-3 practitioners, if the person does not use a title that would imply
6-4 licensure or certification in professional social work services
6-5 <All persons are exempt from this chapter if they do not represent
6-6 or hold themselves out to the public, directly or indirectly, as
6-7 certified under this chapter and do not use any name, title, or
6-8 designation indicating that they are certified under this chapter>.
6-9 SECTION 4. Section 50.003, Human Resources Code, is amended
6-10 to read as follows:
6-11 Sec. 50.003. Civil Rights. A consideration of an
6-12 application for licensure <certification>, examination, regulation,
6-13 disciplinary proceeding, and any other action and decision
6-14 performed by authority of this chapter shall be made or done in
6-15 accordance with state and federal laws on prohibitions against
6-16 discrimination <without regard to sex, race, religion, national
6-17 origin, color, or political affiliation>.
6-18 SECTION 5. Section 50.004, Human Resources Code, is amended
6-19 to read as follows:
6-20 Sec. 50.004. Texas State Board of Social Worker Examiners
6-21 <Council for Social Work Certification>. (a) The Texas State
6-22 Board of Social Worker Examiners <Council for Social Work
6-23 Certification> is created <to advise the department on problems
6-24 relating to the practice of social work. The council shall review
6-25 rules and minimum standards for social work certification and make
7-1 recommendations to the department concerning rules, standards, and
7-2 administration under this chapter>.
7-3 (b) The board <council> is composed of nine members
7-4 appointed by the governor with the advice and consent of the
7-5 senate. Three members must be members of the public who have no
7-6 direct or indirect affiliation with social work practice. Six
7-7 members must be persons licensed under this chapter, two of whom
7-8 must be licensed as licensed social workers and four of whom must
7-9 be licensed as licensed master social workers. At least two of the
7-10 licensed master social workers must be recognized as advanced
7-11 clinical practitioners <board upon the recommendation of the
7-12 commissioner>. <The council is composed as follows: three members
7-13 shall be at all times certified social workers certified under this
7-14 chapter, three members shall be at all times social workers or
7-15 social work associates certified under this chapter, and the
7-16 remaining three members shall be representatives of the public who
7-17 are not certified under this chapter and who do not have, other
7-18 than as consumers, any interest in the practice of social work.
7-19 Until December 31, 1987, one member who is a certified social
7-20 worker must have been certified under the work experience
7-21 qualifications prescribed by Subdivision (3) or (4) of Subsection
7-22 (a) of Section 50.015 of this chapter, and one member who is a
7-23 social worker must have been certified under the work experience
7-24 qualifications prescribed by Subdivisions (2), (3), or (4) of
7-25 Subsection (a) of Section 50.016 of this chapter.>
8-1 (c) Members <Except for the initial appointments, members>
8-2 hold office for staggered terms of six <three> years with three
8-3 members' terms expiring January 31 of each odd-numbered year. <In
8-4 making the initial appointments, the board shall appoint members
8-5 within 90 days after this chapter takes effect to serve the
8-6 following terms: three members for terms that expire January 31,
8-7 1985, three members for terms that expire January 31, 1984, and
8-8 three members for terms that expire January 31, 1983.>
8-9 (d) The governor <board> shall make appointments to the
8-10 board <council> after considering how representative the board
8-11 <council> is with regard to race, color, disability, sex, religion,
8-12 age, or national origin of the appointees <and geographical
8-13 representation>.
8-14 (e) It is a ground for removal from the board if <council
8-15 that> a member:
8-16 (1) does not have at the time of appointment the
8-17 qualifications required by <Subsection (b) of> this section for
8-18 appointment to the board <council>;
8-19 (2) does not maintain during the service on the board
8-20 <council> the qualifications required by <Subsection (b) of> this
8-21 section for appointment to the board <council>; <or>
8-22 (3) violates a prohibition established by Subsection
8-23 (g), <or> (h), (i), or (j) of this section. The validity of an
8-24 action of the board <council> is not affected by the fact that it
8-25 was taken when a ground for removal of a member of the board
9-1 <council> existed;
9-2 (4) cannot discharge the member's duties for a
9-3 substantial part of the term for which the member is appointed
9-4 because of illness or disability; or
9-5 (5) is absent from more than half of the regularly
9-6 scheduled board meetings that the member is eligible to attend
9-7 during a calendar year unless the absence is excused by majority
9-8 vote of the board.
9-9 (f) If the executive director has knowledge that a potential
9-10 ground for removal exists, the executive director shall notify the
9-11 governor and the attorney general that a potential ground for
9-12 removal exists.
9-13 (g) <(f)> A person may not serve as a member of the board
9-14 if the person <who> is required to register as a lobbyist under
9-15 Chapter 305, Government Code, because of the person's <by virtue of
9-16 his> activities for compensation in or on behalf of a profession
9-17 related to the operation of the board <council may not serve as a
9-18 council member or act as the general counsel to the council>.
9-19 (h) <(g)> An officer, employee, or paid consultant of a
9-20 Texas trade association in the field of health care may not be a
9-21 member of the board. <A member or employee of the council may not
9-22 be an officer, employee, or paid consultant of a trade association
9-23 in the field of social work.>
9-24 (i) <(h)> A person who is the spouse of an officer, manager,
9-25 or paid consultant of a Texas trade association in the field of
10-1 health care may not be a board member. For the purposes of this
10-2 section, a Texas trade association is a nonprofit, cooperative, and
10-3 voluntarily joined association of business or professional
10-4 competitors in this state designed to assist its members and its
10-5 industry or profession in dealing with mutual business or
10-6 professional problems and in promoting their common interests. <A
10-7 member or employee of the council may not be related within the
10-8 second degree by affinity or consanguinity, as determined under
10-9 Article 5996h, Revised Statutes, to a person who is an officer,
10-10 employee, or paid consultant of a trade association in the field of
10-11 social work.>
10-12 (j) <(i)> A person is not eligible for appointment as a
10-13 public member of the board if the person or the person's spouse:
10-14 (1) is registered, certified, or licensed by an
10-15 occupational regulatory agency in the field of health care;
10-16 (2) is employed by or participates in the management
10-17 of a business entity or other organization regulated by the board
10-18 or receiving funds from the board;
10-19 (3) owns or controls, directly or indirectly, more
10-20 than a 10 percent interest in a business entity or other
10-21 organization regulated by the board or receiving funds from the
10-22 board; or
10-23 (4) uses or receives a substantial amount of tangible
10-24 goods, services, or funds from the board, other than compensation
10-25 or reimbursement authorized by law for board membership,
11-1 attendance, or expense.
11-2 (k) Members of the board <council> must be citizens of the
11-3 United States and residents of this state. Social workers
11-4 appointed to the board must be licensed <certified> as required by
11-5 this chapter <section, except that the initial appointees must be
11-6 persons who are eligible for the appropriate certificate> and must
11-7 have actively, actually, and continuously engaged in rendering
11-8 social work services or in social work teaching or administration
11-9 for a period of at least five years immediately preceding
11-10 appointment.
11-11 (l) <(j)> Each member of the board <council> is entitled to
11-12 a per diem as set by the General Appropriations Act for each day
11-13 that the member engages in board business. A member may receive
11-14 reimbursement for travel expenses, including expenses for meals and
11-15 lodging, as provided by the General Appropriations Act.
11-16 <legislative appropriation for state employees and travel expenses
11-17 to and from the business of the council. No member shall receive
11-18 actual or necessary expenses except for travel to and from
11-19 meetings.>
11-20 (m) <(k)> The board <council> shall meet at least twice
11-21 <once> a year. At the first regular meeting each year the board
11-22 <council> shall elect a chairman and a vice-chairman. Other
11-23 regular meetings may be held as the rules of the board <council>
11-24 may provide. Special meetings may be held at times considered
11-25 advisable by the board <council>.
12-1 (n) <(l)> The board <council> is subject to the open
12-2 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
12-3 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
12-4 Statutes), and the Administrative Procedure and Texas Register Act,
12-5 as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
12-6 (o) Each board member shall comply with the board member
12-7 training requirements established by any other state agency that is
12-8 given authority to establish the requirements for the board. The
12-9 board shall provide to its members, as often as necessary,
12-10 information regarding their qualifications for office under this
12-11 chapter and their responsibilities under applicable laws relating
12-12 to standards of conduct for state officers. <The department shall
12-13 provide staff necessary to assist the council in performing its
12-14 duties. The staff person directly responsible for the
12-15 administration of this chapter shall at all times have the
12-16 confidence of the majority of the council.>
12-17 (p) <(n)> The Texas State Board of Social Worker Examiners
12-18 <Council for Social Work Certification> is subject to Chapter 325,
12-19 Government Code (Texas Sunset Act). Unless continued in existence
12-20 as provided by that chapter, the board <council> is abolished and
12-21 this chapter <section> expires September 1, 2005 <1993>. <If the
12-22 council is continued in existence beyond that date, subsequent
12-23 sunset provisions should be made to conform with those of the Texas
12-24 Department of Human Services.>
12-25 (q) The board shall develop and implement policies that
13-1 provide the public with a reasonable opportunity to appear before
13-2 the board and to speak on any issue under the jurisdiction of the
13-3 board.
13-4 (r) The board shall prepare and maintain a written plan that
13-5 describes how a person who does not speak English can be provided
13-6 reasonable access to the board's programs. The board shall also
13-7 comply with federal and state laws for program and facility
13-8 accessibility.
13-9 SECTION 6. Chapter 50, Human Resources Code, is amended by
13-10 adding Section 50.0045 to read as follows:
13-11 Sec. 50.0045. STAFF. (a) The board is administratively
13-12 attached to the Texas Department of Health and the basic personnel
13-13 and necessary facilities that are required to administer this
13-14 chapter shall be the personnel and facilities of the department.
13-15 The department personnel shall act as the agents of the board. If
13-16 necessary to the administration of this chapter, the department by
13-17 agreement may secure and provide for compensation for services that
13-18 it considers necessary and may employ and compensate within
13-19 available appropriations professional consultants, technical
13-20 assistants, and employees on a full-time or part-time basis.
13-21 (b) The commissioner of health shall designate an employee
13-22 of the department to serve as executive director of the board. The
13-23 executive director shall be the administrator of the licensing and
13-24 regulatory activities of the board. In addition to other duties
13-25 provided by this chapter and by the department, the executive
14-1 director shall:
14-2 (1) keep full and accurate minutes of the transactions
14-3 and proceedings of the board;
14-4 (2) be the custodian of the files and records of the
14-5 board;
14-6 (3) prepare and recommend to the board plans and
14-7 procedures necessary to implement the purposes and objectives of
14-8 this chapter, including rules and proposals or administrative
14-9 procedures consistent with this chapter;
14-10 (4) exercise general supervision over persons employed
14-11 by the department in the administration of this chapter;
14-12 (5) be responsible for the investigation of complaints
14-13 and for the presentation of formal complaints;
14-14 (6) attend all meetings of the board as a nonvoting
14-15 participant; and
14-16 (7) handle the correspondence of the board and obtain,
14-17 assemble, or prepare the reports and information that the board may
14-18 direct or authorize.
14-19 SECTION 7. Section 50.005, Human Resources Code, is amended
14-20 by amending Subsection (a) and adding Subsections (c) and (d) to
14-21 read as follows:
14-22 (a) All money paid to the department <derived from fees,
14-23 assessments, or charges> under this chapter shall be deposited in
14-24 the state treasury to the credit of a special social worker account
14-25 in the general revenue fund and may be used only for the
15-1 administration <paid by the department into the State Treasury for
15-2 safekeeping and shall be placed by the State Treasurer in a
15-3 separate fund to be known as the social workers fund. The money
15-4 shall be available to the department exclusively for the
15-5 administration, implementation,> and enforcement of this chapter.
15-6 Surpluses are reserved for the use of the department in the
15-7 administration and enforcement of this chapter.
15-8 (c) The financial transactions of the board are subject to
15-9 audit by the state auditor in accordance with Chapter 321,
15-10 Government Code.
15-11 (d) The department shall file annually with the governor and
15-12 the presiding officer of each house of the legislature a complete
15-13 and detailed written report accounting for all funds received and
15-14 disbursed by the board during the preceding fiscal year. The
15-15 annual report must be in a form and reported in the time provided
15-16 by the General Appropriations Act.
15-17 SECTION 8. Section 50.006, Human Resources Code, is amended
15-18 to read as follows:
15-19 Sec. 50.006. Regulation and Enforcement. (a) The board
15-20 <department> may adopt and enforce the rules necessary for the
15-21 performance of its duties, establish standards of conduct and
15-22 ethics for all persons licensed <certified> under this chapter, and
15-23 ensure strict compliance with and enforcement of this chapter. In
15-24 adopting rules, the board shall consider the rules and procedures
15-25 of the Texas Board of Health and the department and shall adopt
16-1 procedural rules not inconsistent with similar existing rules and
16-2 procedures of the Texas Board of Health or the department.
16-3 (b) The violation by a licensed master <certified> social
16-4 worker, <social worker, or> licensed social worker, or social work
16-5 associate of this chapter or of any rule of the board <department>
16-6 pertaining to the practice of professional social work is
16-7 sufficient reason to reprimand a licensee or suspend or revoke a
16-8 license <certificate> issued under this chapter.
16-9 (c) In addition to any other action, proceeding, or remedy
16-10 authorized by law, the board <department> may institute an action
16-11 to enjoin a violation of this chapter or a rule of the board
16-12 <department>. The suit may be brought in Travis County, in the
16-13 county of the defendant's residence, or in the county where any
16-14 part of the alleged violation occurred. In order for the board
16-15 <department> to sustain the action, it is not necessary to allege
16-16 or prove the lack of an adequate remedy at law or that substantial
16-17 or irreparable damage would result from the continued violation.
16-18 Either party to the action may appeal to the appellate court having
16-19 jurisdiction of the cause. The board <department> shall not be
16-20 required to give any appeal bond in any cause arising under this
16-21 chapter. The attorney general shall represent the board
16-22 <department> in all actions and proceedings to enforce this
16-23 chapter.
16-24 (d) The board <department> shall prepare information of
16-25 public <consumer> interest describing the <regulatory> functions of
17-1 the board <department> and describing the board's <department's>
17-2 procedures by which consumer complaints are filed with and resolved
17-3 by the board <department>. The board <department> shall make the
17-4 information available to the general public and appropriate state
17-5 agencies.
17-6 (e) The board by rule shall establish methods by which
17-7 consumers and service recipients are notified of the name, mailing
17-8 address, and telephone number of the board for the purpose of
17-9 directing complaints to the board. The board may provide for that
17-10 notification:
17-11 (1) on each registration form, application, brochure,
17-12 or written contract for services of an individual or entity
17-13 regulated by the board;
17-14 (2) on a sign prominently displayed in the place of
17-15 business of each individual or entity regulated by the board; or
17-16 (3) in a bill for service provided by an individual or
17-17 entity regulated by the board.
17-18 (f) The board shall list along with its regular telephone
17-19 number the toll-free telephone number that may be called to present
17-20 a complaint about a health professional if the toll-free number is
17-21 established under other state law. <There shall be prominently
17-22 displayed at all times in the place of business of each person
17-23 certified under this chapter a sign containing the name, mailing
17-24 address, and telephone number of the department and a statement
17-25 informing consumers that complaints against persons certified under
18-1 this chapter may be directed to the department.>
18-2 SECTION 9. Section 50.0061, Human Resources Code, is amended
18-3 to read as follows:
18-4 Sec. 50.0061. Advertising. (a) The board <department> may
18-5 not adopt rules restricting competitive bidding or advertising by a
18-6 person regulated by the board <department> except to prohibit
18-7 false, misleading, or deceptive practices by the person.
18-8 (b) The board <department> may not include in its rules to
18-9 prohibit false, misleading, or deceptive practices by a person
18-10 regulated by the board <department> a rule that:
18-11 (1) restricts the person's use of any medium for
18-12 advertising;
18-13 (2) restricts the person's personal appearance or use
18-14 of the person's <his> voice in an advertisement;
18-15 (3) relates to the size or duration of an
18-16 advertisement by the person; or
18-17 (4) restricts the person's advertisement under a trade
18-18 name.
18-19 SECTION 10. Section 50.007, Human Resources Code, is amended
18-20 to read as follows:
18-21 Sec. 50.007. Annual Report. Not later than the 90th day
18-22 after the last day of the board's fiscal year, the board shall
18-23 submit a written report to the governor and to the presiding
18-24 officer of each house of the legislature regarding its work in
18-25 licensing social workers during the preceding fiscal year <As part
19-1 of the annual report required by Section 21.011 of this code, the
19-2 commissioner shall include a written report regarding the
19-3 department's work in certifying social workers during the preceding
19-4 fiscal year>.
19-5 SECTION 11. Section 50.008(a), Human Resources Code, is
19-6 amended to read as follows:
19-7 (a) A roster showing the names and addresses, as reflected
19-8 by the board's <department's> records, of all licensed master
19-9 <certified> social workers, licensed social workers, and social
19-10 work associates licensed <certified> by the board <department>
19-11 shall be prepared and published by the board <department> at its
19-12 discretion. Copies of the roster shall be mailed to each person
19-13 licensed <certified> by the board <department> and placed on file
19-14 with the secretary of state.
19-15 SECTION 12. Section 50.009, Human Resources Code, is amended
19-16 to read as follows:
19-17 Sec. 50.009. Fees. (a) The board by rule <department>
19-18 shall establish reasonable and necessary<, charge, and collect>
19-19 fees so that the fees, in the aggregate, produce sufficient
19-20 revenues to cover the cost of administering this chapter<, as
19-21 follows:>
19-22 <(1) a fee for the filing of an application to take an
19-23 examination for a certificate under this chapter;>
19-24 <(2) a fee for the taking of an examination;>
19-25 <(3) a fee for the original issuance of certificate
20-1 under this chapter;>
20-2 <(4) a fee for the original issuance of an order of
20-3 recognition to practice a specialty in the practice of social work;>
20-4 <(5) a fee for an annual renewal of an order of
20-5 recognition to practice a specialty in the practice of social work;>
20-6 <(6) a fee for an annual renewal of a certificate
20-7 issued in accordance with this chapter;>
20-8 <(7) a fee for replacement of a certificate, specialty
20-9 order of recognition, or renewal lost or destroyed; and>
20-10 <(8) a fee for a copy of the official roster of
20-11 certified persons published by the department for the one copy
20-12 mailed to each person certified>.
20-13 (b) The fees set by the board may be adjusted so that the
20-14 total fees collected are sufficient to meet the expenses of
20-15 administering this chapter. The board may not set a fee for an
20-16 amount less than the amount of that fee on September 1, 1993 <If a
20-17 certified social work associate is qualified on September 2, 1983,
20-18 to be examined for a certificate as a social worker because of a
20-19 legislative change in qualifications under Section 50.016 of this
20-20 chapter, the department may not charge or collect a fee for issuing
20-21 the social worker certificate to that person>.
20-22 SECTION 13. Section 50.010, Human Resources Code, is amended
20-23 to read as follows:
20-24 Sec. 50.010. LICENSE RESTRICTIONS AND LIMITATIONS
20-25 <LIMITATION OF PRACTICE>. (a) Unless licensed <certified> under
21-1 this chapter or unless specifically exempted from its provisions, a
21-2 person may not:
21-3 (1) employ, use, cause to be used, or make use of any
21-4 of the following terms or any combinations, variations, or
21-5 abbreviations of the terms as a professional, business, or
21-6 commercial identification, title, name, representation, claim,
21-7 asset, or means of advantage or benefit: "<certified> social
21-8 worker," "licensed master <certified> social worker," "licensed
21-9 social worker," or <"registered certified social worker," "social
21-10 worker," "licensed social worker," "registered social worker,">
21-11 "social work associate<,>" <or "registered social work associate">;
21-12 or
21-13 (2) use a title that implies licensure or
21-14 certification in professional social work services <employ, use,
21-15 cause to be used, or make use of any letter, abbreviation, word,
21-16 symbol, slogan, sign, or any combination or variation of them that
21-17 tends or is likely to create any impression with a member of the
21-18 public that a person is qualified or authorized to practice social
21-19 work or is a certified social worker, social worker, or social work
21-20 associate, unless appropriately certified under and practicing in
21-21 accordance with this chapter>.
21-22 (b) A person, firm, partnership, association, corporation,
21-23 business, or professional entity that does or offers or attempts to
21-24 do an act prescribed by Subsection (a) of this section is engaged
21-25 in the practice of professional social work.
22-1 SECTION 14. Section 50.011, Human Resources Code, is amended
22-2 to read as follows:
22-3 Sec. 50.011. Professional Identification. A person licensed
22-4 <certified> by the board <department> in accordance with this
22-5 chapter shall, in the professional use of the person's <his> name
22-6 or any sign, directory, listing, contract, document, pamphlet,
22-7 stationery, letterhead, advertisement, signature, or other means of
22-8 professional identification, written or printed, use the following
22-9 legally required identifications:
22-10 (1) if licensed <certified> as a licensed master
22-11 <certified> social worker, the words "licensed master <certified>
22-12 social worker" or the initials "L.M.S.W." <"C.S.W.">;
22-13 (2) if licensed <certified> as a licensed social
22-14 worker, the words "licensed social worker" or the initials
22-15 "L.S.W."; or
22-16 (3) if licensed <certified> as a social work
22-17 associate, the words "social work associate" or the initials
22-18 "S.W.A."
22-19 SECTION 15. Section 50.012, Human Resources Code, is amended
22-20 to read as follows:
22-21 Sec. 50.012. Public Representations. A firm, partnership,
22-22 association, corporation, or other business or professional entity
22-23 may not hold itself or another out to the public as being engaged
22-24 in the work or practice of social work or offering social work
22-25 services under an assumed, trade, business, professional,
23-1 partnership, or corporate name or title or employ, use, cause to be
23-2 used, or make use of, directly or indirectly or in any manner, the
23-3 words or terms "social work," "social work services," "social work,
23-4 inc.," "professional social workers," "licensed <certified> social
23-5 workers," "licensed master social workers," "social work
23-6 associate," "L.M.S.W.," "L.S.W.," "S.W.A.," <"social work
23-7 associates," "C.S.W.," "S.W.A.,"> or any combinations,
23-8 abbreviations, or variations of any of these or in combination with
23-9 any other words, letters, initials, signs, legends, or symbols on,
23-10 in, or as a part of, directly or indirectly, any sign, directory,
23-11 listing, contract, document, pamphlet, stationery, letterhead,
23-12 advertisement, signature, trade name, assumed name, or corporate or
23-13 other business or professional name, unless the firm, partnership,
23-14 association, corporation, or other business or professional entity
23-15 is actually and actively engaged in the practice of social work or
23-16 is actually and actively performing social work services, and
23-17 unless the services performed by it which constitute the practice
23-18 of social work are either personally performed or done by a
23-19 <certified> social worker<, social worker, or social work
23-20 associate> practicing in accordance with this chapter or under the
23-21 supervision <general direction> of a licensed <certified> social
23-22 worker or licensed master social worker.
23-23 SECTION 16. Section 50.013, Human Resources Code, is amended
23-24 to read as follows:
23-25 Sec. 50.013. Applications. An application for licensure
24-1 <certification> under this chapter shall be on a form prescribed
24-2 and furnished by the board <department> and shall contain
24-3 statements made under oath setting forth in detail the applicant's
24-4 education, experience, and other information as required by the
24-5 board <department> that qualify the applicant for a license
24-6 <certificate> under this chapter. No person is eligible for a
24-7 license <certificate> provided under this chapter unless the person
24-8 <he> is at least 18 years of age and worthy of the public trust and
24-9 confidence.
24-10 SECTION 17. Section 50.014, Human Resources Code, is amended
24-11 to read as follows:
24-12 Sec. 50.014. Examinations. (a) At least once each calendar
24-13 year the board <department> shall prepare, or cause to have
24-14 prepared, and administer an examination to determine the
24-15 qualifications of applicants for a license <certificates> under
24-16 this chapter. Examinations shall be conducted in the manner the
24-17 board <department> determines and in a manner that is fair and
24-18 impartial to all individuals <and to every school or system of
24-19 social work>. Applicants shall be known to the examiners only by
24-20 numbers until their scores <after the general averages of the
24-21 applicants in a class> have been determined and licenses
24-22 <certificates> have been granted or refused. The scope and content
24-23 of examinations shall be sufficient to ensure professional efficacy
24-24 and competence in keeping with the <highest> standards required for
24-25 licensure <of the social work profession>. The board shall have
25-1 the written portion of the examination, if any, validated by an
25-2 independent testing entity.
25-3 (b) On satisfactory completion of all licensing requirements
25-4 <of the examination conducted by the department>, an applicant may
25-5 be granted a license <certificate> as a licensed <certified> social
25-6 worker<,> or a licensed master social worker, or social work
25-7 associate as the board <department> determines.
25-8 (c) The board by rule shall establish:
25-9 (1) a limit on the number of times an applicant who
25-10 fails an examination may retake the examination;
25-11 (2) requirements for retaking an examination; and
25-12 (3) alternative methods of examining competency <An
25-13 applicant who fails an examination may be reexamined at a
25-14 subsequent time on payment of the required fees. An applicant may
25-15 be reexamined only three times for the same certificate>.
25-16 (d) If requested by a person who fails the examination for a
25-17 license <certificate>, the board <department> shall furnish to the
25-18 person an analysis of the person's performance on the examination.
25-19 (e) Not later than the 30th day after the day on which a
25-20 licensure <certification> examination is administered under this
25-21 chapter, the board <department> shall notify each examinee of the
25-22 results of the examination. However, if an examination is graded
25-23 or reviewed by a national testing service, the board <department>
25-24 shall notify examinees of the results of the examination not later
25-25 than the 14th day after the day on which the board <department>
26-1 receives the results from the testing service. If the notice of
26-2 the examination results will be delayed for longer than 90 days
26-3 after the examination date, the board <department> shall notify the
26-4 examinee of the reason for the delay before the 90th day.
26-5 SECTION 18. Section 50.015, Human Resources Code, is amended
26-6 to read as follows:
26-7 Sec. 50.015. LICENSED MASTER <CERTIFIED> SOCIAL WORKER. The
26-8 board <(a) Until December 31, 1985, the department> shall
26-9 consider <the following as minimum evidence that an applicant is
26-10 qualified to be examined for a certificate as a certified social
26-11 worker:>
26-12 <(1)> a doctoral degree in social work or master's
26-13 degree in social work from a <an accredited> graduate program
26-14 accredited <approved> by the Council on Social Work Education
26-15 <department;>
26-16 <(2) a doctoral degree or master's degree not in
26-17 social work from an accredited program approved by the department
26-18 and the successful completion of two years' actual and active
26-19 social work experience approved by the department; or>
26-20 <(3) a baccalaureate degree in social work or a
26-21 related field from an educational program approved by the
26-22 department and the successful completion of five years' actual and
26-23 active social work experience approved by the department; or>
26-24 <(4) a baccalaureate degree not in social work or a
26-25 related field from an educational institution approved by the
27-1 department and the successful completion of 10 years' actual and
27-2 active social work experience approved by the department.>
27-3 <(b) After December 31, 1985, the department shall consider
27-4 only the qualifications prescribed by Subdivision (1) of Subsection
27-5 (a) of this section> as minimum evidence that an applicant is
27-6 qualified to be examined for a license <certificate> as a licensed
27-7 master <certified> social worker.
27-8 SECTION 19. Section 50.016, Human Resources Code, is amended
27-9 to read as follows:
27-10 Sec. 50.016. LICENSED SOCIAL WORKER. The board <(a) Until
27-11 December 31, 1985, the department> shall consider <the following as
27-12 minimum evidence that an applicant is qualified to be examined for
27-13 a certificate as a social worker:>
27-14 <(1)> a baccalaureate degree in social work from an
27-15 educational program accredited <approved> by the Council on Social
27-16 Work Education <department;>
27-17 <(2) a baccalaureate degree not in social work from an
27-18 educational institution approved by the department and the
27-19 successful completion of five years' actual and active social work
27-20 experience approved by the department;>
27-21 <(3) an associate degree from an educational
27-22 institution approved by the department and the successful
27-23 completion of 10 years' actual and active social work experience
27-24 approved by the department; or>
27-25 <(4) a high school diploma or its substantial
28-1 equivalent as determined by the department and the successful
28-2 completion of 15 years' actual and active social work experience
28-3 approved by the department.>
28-4 <(b) After December 31, 1985, the department shall consider
28-5 only the qualifications prescribed by Subdivision (1) of Subsection
28-6 (a) of this section> as minimum evidence that an applicant is
28-7 qualified to be examined for a license <certificate> as a licensed
28-8 social worker.
28-9 SECTION 20. Section 50.017, Human Resources Code, is amended
28-10 to read as follows:
28-11 Sec. 50.017. Social Work Associate. <(a)> The board
28-12 <department> shall consider the following as minimum evidence that
28-13 an applicant is qualified to be examined for a license
28-14 <certificate> as a social work associate:
28-15 (1) a baccalaureate degree from an accredited
28-16 educational institution and the additional satisfactory completion
28-17 of a reasonable specified number of years of actual and active
28-18 social work experience approved by the board <department>; or
28-19 (2) an associate of arts degree in the behavioral
28-20 sciences as determined by the board from an accredited educational
28-21 institution and the additional satisfactory completion of a
28-22 reasonable specified number of years of actual and active social
28-23 work experience approved by the board <department; or>
28-24 <(3) a high school diploma or its substantial
28-25 equivalent as determined by the department and the satisfactory
29-1 completion of a specified number of years of actual and active
29-2 social work experience approved by the department>.
29-3 SECTION 21. Section 50.018, Human Resources Code, is amended
29-4 to read as follows:
29-5 Sec. 50.018. EXPERIENCE EVALUATION. In determining the
29-6 credibility and acceptability of an applicant's professional or
29-7 technical experience or competence, the board <department> may
29-8 require documentary evidence of the quality, scope, and nature of
29-9 the experience and competence as necessary to ensure public safety,
29-10 health, and welfare.
29-11 SECTION 22. Section 50.019, Human Resources Code, is amended
29-12 to read as follows:
29-13 Sec. 50.019. TEMPORARY LICENSE <Provisional Certificate>.
29-14 Prior to examination, an applicant for licensure may obtain a
29-15 temporary license as long as the applicant meets all the
29-16 requirements, except examination, as prescribed in this chapter for
29-17 the level of license sought. The temporary license is valid until
29-18 the results of the first qualifying written examination are
29-19 available <(a) Until December 31, 1985, a person who, in the
29-20 judgment of the department, meets the requirements of this chapter
29-21 may be issued the appropriate certificate, as the department shall
29-22 determine, without examination, on application to the department in
29-23 the form and content that it may require and on payment of the fee
29-24 for the original issue of a certificate as established by the
29-25 department in accordance with this chapter.>
30-1 <(b) After December 31, 1985, a person who has some of the
30-2 work experience requirements for examination in Section 50.015 or
30-3 50.016 of this chapter may, after completion of the required work
30-4 experience, be issued the appropriate certificate without
30-5 examination if:>
30-6 <(1) the person has at least one-half of the work
30-7 experience prescribed by Section 50.015 or 50.016 of this chapter
30-8 by December 31, 1985;>
30-9 <(2) the person notifies the department not later than
30-10 December 31, 1985, of the person's intention to apply for a
30-11 certificate without examination; and>
30-12 <(3) the department determines that the work
30-13 experience is satisfactory>.
30-14 SECTION 23. Section 50.020, Human Resources Code, is amended
30-15 to read as follows:
30-16 Sec. 50.020. PRIVATE PRACTICE. (a) The board <department>
30-17 shall establish procedures for the recognition of persons qualified
30-18 for the private, independent practice of social work and publish or
30-19 cause to be published a roster of qualified persons. Minimum
30-20 qualifications for recognition shall include:
30-21 (1) licensure <certification> as a licensed master
30-22 <certified> social worker under this chapter; and <or>
30-23 (2) a number of years of acceptable social work
30-24 experience as determined by the board <department>.
30-25 (b) A licensed social worker or social work associate will
31-1 not be eligible for recognition as being qualified to practice
31-2 social work as a private, independent practitioner.
31-3 (c) A person qualified for the private, independent practice
31-4 of social work under this section shall, for the purposes of
31-5 Article 21.52, Insurance Code, be authorized to use the title
31-6 "advanced clinical practitioner" or any other title approved by the
31-7 board and the other title shall mean the same as and be equivalent
31-8 to the title "advanced clinical practitioner" as used in Article
31-9 21.52, Insurance Code.
31-10 SECTION 24. Section 50.021, Human Resources Code, is amended
31-11 to read as follows:
31-12 Sec. 50.021. Revocation and Suspension. (a) The board
31-13 shall revoke or suspend <department may refuse to issue or to
31-14 renew> a license <certificate> or order of recognition, <may> place
31-15 on probation a person whose license <certificate> or order of
31-16 recognition has been suspended, or <may> reprimand a person with a
31-17 license <certificate> or order of recognition<, or may revoke or
31-18 suspend a certificate or order of recognition issued under this
31-19 chapter> for any of the following reasons:
31-20 (1) violating a provision of this chapter or a rule of
31-21 the board <department>;
31-22 (2) circumventing or attempting to circumvent this
31-23 chapter or a rule of the board <department>;
31-24 (3) participating, directly or indirectly, in a plan,
31-25 scheme, or arrangement attempting or having as its purpose the
32-1 evasion of this chapter or a rule of the board <department>;
32-2 (4) engaging in unethical conduct;
32-3 (5) engaging in conduct which discredits or tends to
32-4 discredit the profession of social work;
32-5 (6) performing an act, allowing an omission, or making
32-6 an assertion or representation that is fraudulent, deceitful, or
32-7 misleading or that in any manner tends to create a misleading
32-8 impression;
32-9 (7) knowingly associating with or permitting or
32-10 allowing the use of any licensed <certified> person's professional
32-11 services or professional identification in a project or enterprise
32-12 that the person knows or with the exercise of reasonable diligence
32-13 should know is a practice that violates this chapter or a rule of
32-14 the board <department> pertaining to the practice of social work;
32-15 (8) knowingly associating with or permitting the use
32-16 of a licensed <certified> person's name, professional services,
32-17 professional identification, or endorsement in connection with a
32-18 venture or enterprise that the person knows or with the exercise of
32-19 reasonable diligence should know is a trade, business, or
32-20 professional practice of a fraudulent, deceitful, misleading, or
32-21 dishonest nature;
32-22 (9) revealing, directly or indirectly, or causing to
32-23 be revealed a confidential communication transmitted to the
32-24 licensed <certified> person by a client or recipient of his
32-25 services except as may be required by law;
33-1 (10) having a certificate or a license to practice
33-2 social work in another jurisdiction denied, suspended, or revoked
33-3 for reasons or causes the board <department> finds would constitute
33-4 a violation of this chapter or a rule pertaining to the practice of
33-5 social work adopted by the board <department>;
33-6 (11) having been convicted of a felony in an American
33-7 jurisdiction; or
33-8 (12) refusing to do or perform any act or service for
33-9 which the person is licensed <certified> under this chapter solely
33-10 on the basis of the recipient's age, sex, race, religion, national
33-11 origin, color, or political affiliation.
33-12 (b) If a license or order of recognition suspension is
33-13 probated, the board may require the probationer to:
33-14 (1) report regularly to the board on matters that are
33-15 the basis of the probation;
33-16 (2) limit practice to the areas prescribed by the
33-17 board; or
33-18 (3) continue or review continuing professional
33-19 education until the probationer attains a degree of skill
33-20 satisfactory to the board in those areas that are the basis of the
33-21 probation.
33-22 SECTION 25. Section 50.022, Human Resources Code, is amended
33-23 to read as follows:
33-24 Sec. 50.022. Disciplinary Proceedings. (a) A proceeding
33-25 under Section 50.021 <of this chapter> begins when a charge is
34-1 filed with the board <department> in writing and under oath. The
34-2 charge may be made by any person.
34-3 (b) A person is entitled to notice and a hearing before the
34-4 department before a sanction is imposed under Section
34-5 50.021 <(c) The department may rule that the order revoking or
34-6 suspending a certificate or order of recognition be probated so
34-7 long as the probationer conforms to the orders and rules that the
34-8 department sets out as the terms of probation. The department, at
34-9 the time of probation, shall set out the period of time that
34-10 constitutes the probationary period. The department may at any
34-11 time while the probationer remains on probation hold a hearing and
34-12 on majority vote rescind the probation and enforce the department's
34-13 original action in revoking or suspending the certificate or order
34-14 of recognition.>
34-15 <(d) The department shall provide for notice and an
34-16 opportunity to appeal from disciplinary proceedings>. Disciplinary
34-17 proceedings and the appeals from the proceedings are governed by
34-18 the Administrative Procedure and Texas Register Act, as amended
34-19 (Article 6252-13a, Vernon's Texas Civil Statutes). The board by
34-20 rule shall adopt a broad schedule of sanctions for violations under
34-21 this chapter. The department shall use the schedule for any
34-22 sanction imposed as the result of a hearing conducted by that
34-23 office.
34-24 <(e) The department shall keep an information file on each
34-25 complaint or charge filed. During the consideration of a charge
35-1 filed under this section and until the charge is finally resolved,
35-2 all parties shall be informed monthly in writing as to the status
35-3 of the complaint.>
35-4 SECTION 26. Chapter 50, Human Resources Code, is amended by
35-5 adding Sections 50.0221, 50.0222, 50.0223, and 50.0224 to read as
35-6 follows:
35-7 Sec. 50.0221. COMPLAINT PROCEDURE IN GENERAL. (a) The
35-8 board shall keep an information file about each complaint filed
35-9 with the board. The board's information file shall be kept current
35-10 and contain a record for each complaint of:
35-11 (1) all persons contacted in relation to the
35-12 complaint;
35-13 (2) a summary of findings made at each step of the
35-14 complaint process;
35-15 (3) an explanation of the legal basis and reason for a
35-16 complaint that is dismissed; and
35-17 (4) other relevant information.
35-18 (b) If a written complaint is filed with the board that the
35-19 board has authority to resolve, the board, at least as frequently
35-20 as quarterly and until final disposition of the complaint, shall
35-21 notify the parties to the complaint of the status of the complaint
35-22 unless the notice would jeopardize an undercover investigation.
35-23 (c) The board by rule shall adopt a form to standardize
35-24 information concerning complaints made to the board. The board by
35-25 rule shall prescribe information to be provided to a person when
36-1 the person files a complaint with the board.
36-2 (d) The board shall provide reasonable assistance to a
36-3 person who wishes to file a complaint with the board.
36-4 Sec. 50.0222. COMPLAINT INVESTIGATION AND DISPOSITION. (a)
36-5 The board shall adopt rules concerning the investigation of a
36-6 complaint filed with the board. The rules adopted under this
36-7 subsection shall:
36-8 (1) distinguish between categories of complaints;
36-9 (2) ensure that complaints are not dismissed without
36-10 appropriate consideration;
36-11 (3) require that the board be advised of a complaint
36-12 that is dismissed and that a letter be sent to the person who filed
36-13 the complaint explaining the action taken on the dismissed
36-14 complaint;
36-15 (4) ensure that the person who filed the complaint has
36-16 an opportunity to explain the allegations made in the complaint;
36-17 and
36-18 (5) prescribe guidelines concerning the categories of
36-19 complaints that require the use of a private investigator and the
36-20 procedures for the board to obtain the services of a private
36-21 investigator.
36-22 (b) The board shall dispose of all complaints in a timely
36-23 manner. The board shall establish a schedule for conducting each
36-24 phase of a complaint that is under the control of the board not
36-25 later than the 30th day after the date the complaint is received by
37-1 the board. The schedule shall be kept in the information file for
37-2 the complaint and all parties shall be notified of the projected
37-3 time requirements for pursuing the complaint. A change in the
37-4 schedule must be noted in the complaint information file and all
37-5 parties to the complaint must be notified not later than the
37-6 seventh day after the date the change is made.
37-7 (c) The executive director who coordinates the board's
37-8 functions shall notify the board of a complaint that extends
37-9 beyond the time prescribed by the board for resolving the complaint
37-10 so that the board may take necessary action on the complaint.
37-11 Sec. 50.0223. INFORMAL PROCEEDINGS. (a) The board by rule
37-12 shall adopt procedures governing:
37-13 (1) informal disposition of a contested case under
37-14 Section 13(e), Administrative Procedure and Texas Register Act
37-15 (Article 6252-13a, Vernon's Texas Civil Statutes); and
37-16 (2) informal proceedings held in compliance with
37-17 Section 18(c), Administrative Procedure and Texas Register Act
37-18 (Article 6252-13a, Vernon's Texas Civil Statutes).
37-19 (b) Rules adopted under this section must provide the
37-20 complainant and the license or order of recognition holder an
37-21 opportunity to be heard and must require the presence of a
37-22 representative of the office of the attorney general to advise the
37-23 board or the employees assisting the board.
37-24 Sec. 50.0224. MONITORING OF LICENSE OR ORDER OF RECOGNITION
37-25 HOLDER. The board by rule shall develop a system for monitoring
38-1 license or order of recognition holders' compliance with the
38-2 requirements of this Act. Rules adopted under this section shall
38-3 include procedures for monitoring a license or order of recognition
38-4 holder who is ordered by the board to perform certain acts to
38-5 ascertain that the license or order of recognition holder performs
38-6 the required acts and to identify and monitor license or order of
38-7 recognition holders who represent a risk to the public.
38-8 SECTION 27. Section 50.023, Human Resources Code, is amended
38-9 to read as follows:
38-10 Sec. 50.023. Expiration and Renewal. (a) The board
38-11 <department> by rule shall adopt a system under which licenses
38-12 <certificates> or orders of recognition issued under this chapter
38-13 expire on various dates during the year, and the dates for renewal
38-14 shall be adjusted accordingly. A person may renew an expired <On
38-15 renewal of the> license <certificate> or order of recognition by
38-16 paying to the board before <or on> the expiration date of the
38-17 license or order the required<, the total> renewal fee <is
38-18 payable>.
38-19 (b) Not later than 30 days before the expiration date, the
38-20 board <department> shall notify in writing each person licensed
38-21 <certified> of the date of the expiration of a license
38-22 <certificate> or order of recognition issued to the person at the
38-23 person's last known address according to the records of the board
38-24 <him, the amount of the fee for renewal, and the continuing
38-25 education provisions that are required for its renewal for one
39-1 year. The department shall attempt to obtain from the person a
39-2 signed receipt confirming receipt of the notice>.
39-3 (c) If a person's license <certificate> or order of
39-4 recognition has been expired for <not longer than> 90 days or less,
39-5 the person may renew the license <certificate> or order of
39-6 recognition by paying to the board <department> the required
39-7 renewal fee and a fee that is one-half of the <examination> fee for
39-8 the license <certificate>.
39-9 (d) If a person's license <certificate> or order of
39-10 recognition has been expired for longer than 90 days but less than
39-11 one year <two years>, the person may renew the license
39-12 <certificate> or order of recognition by paying to the board
39-13 <department> all unpaid renewal fees and a fee that is equal to the
39-14 examination fee for the license <certificate>.
39-15 (e) If a person's license <certificate> or order of
39-16 recognition has been expired for one year <two years> or longer,
39-17 the person may not renew the license <certificate> or order of
39-18 recognition. The person may obtain a new license <certificate> or
39-19 order of recognition by submitting to reexamination, if an
39-20 examination was originally required, and complying with the
39-21 requirements and procedures for obtaining an original license
39-22 <certificate> or order of recognition. However, the board may
39-23 renew without reexamination an expired license or order of
39-24 recognition of a person who was licensed in this state, moved to
39-25 another state, and is currently licensed and has been in practice
40-1 in the other state for the two years preceding application. The
40-2 person must pay to the board a fee that is equal to the examination
40-3 fee for the license or order of recognition.
40-4 SECTION 28. Section 50.024, Human Resources Code, is amended
40-5 to read as follows:
40-6 Sec. 50.024. SPECIALTY <DEPARTMENT> REGULATION. (a) The
40-7 board <department> may establish, within the scope of social work
40-8 and this chapter, specifically designed areas of specialty work
40-9 service or practice for those persons licensed <certified> and in
40-10 good standing as licensed master <certified social workers or>
40-11 social workers. The basis for board <department> action in
40-12 establishing a social work specialty shall be founded in the public
40-13 interest and necessity and for the purpose of practicing, aiding,
40-14 and assisting the public in identifying those persons in the
40-15 professions qualified to practice or perform specialty services.
40-16 (b) In establishing a specialty service or practice, the
40-17 board <department> shall define the scope of the specialty,
40-18 establish standards of special qualifications for the specialty
40-19 workers or practitioners that will accurately and truly describe
40-20 the parameters of the specialty and the use of which will be
40-21 prohibited to those who have not satisfied the board's
40-22 <department's> requirements for qualification in the specialty,
40-23 adopt rules of conduct for specialty practitioners that will ensure
40-24 strict compliance with and enforcement of this chapter, and adopt
40-25 rules for suspending or revoking the order of recognition in the
41-1 specialty.
41-2 (c) A specialty may not be authorized for the private
41-3 practice of social work except for those persons licensed
41-4 <certified> as licensed master <certified> social workers under
41-5 this chapter meeting the minimum number of years of actual and
41-6 active social work practice with appropriate supervision and
41-7 examination as determined by the board <department>. However, the
41-8 board <department> may not establish any specialty or specialty
41-9 identification in conflict with any licensing law of this state.
41-10 (d) The board shall establish a social work specialty for
41-11 those persons qualified for the practice of clinical social work.
41-12 Use of the title "Advanced Clinical Practitioner" or the initials
41-13 "A.C.P." shall be restricted to those persons who have qualified
41-14 for the practice of clinical social work under this chapter. A
41-15 specialty may not be authorized for the practice of clinical social
41-16 work except for those persons licensed as licensed master social
41-17 workers under this chapter meeting the minimum number of years of
41-18 actual and active social work practice with appropriate supervision
41-19 and clinical examination as determined by the board.
41-20 (e) Persons recognized as being qualified for the practice
41-21 of clinical social work pursuant to the provisions of this section
41-22 shall, for the purposes of Article 21.52, Insurance Code, as
41-23 amended, be authorized to use the title "advanced clinical
41-24 practitioner" or any other title approved by the board and said
41-25 other title shall mean the same as and be equivalent to, for any
42-1 and all purposes whatsoever, the title "advanced clinical
42-2 practitioner" as used in Article 21.52, Insurance Code.
42-3 SECTION 29. Section 50.025, Human Resources Code, is amended
42-4 to read as follows:
42-5 Sec. 50.025. Limitations. After the effective date of an
42-6 order of the board <department> establishing areas of specialty
42-7 service or practice, a licensed master <certified> social worker
42-8 <or social worker> may not make use of a specialty professional
42-9 identification or title designated by the board <department> until
42-10 the person has qualified and been recognized by the board
42-11 <department> as worthy of the public trust in performing services
42-12 within the scope of the specialty.
42-13 SECTION 30. Section 50.026, Human Resources Code, is amended
42-14 to read as follows:
42-15 Sec. 50.026. Recognition Order. After a licensed master
42-16 <certified> social worker <or social worker> has met all
42-17 requirements of the board <department> for recognition in a
42-18 specialty established by the board <department>, the board
42-19 <department> shall recognize the person as so qualified. The
42-20 recognition shall be evidenced by an order of recognition of
42-21 specialty of a name, design, and content as the board <department>
42-22 shall determine, setting forth the full name of the person,
42-23 official specialty serial number, the signature of the presiding
42-24 officer <commissioner and the chairman> of the board <council>, and
42-25 the board's <department's> official seal. Issue of the order of
43-1 recognition of specialty shall be evidence that the person to whom
43-2 it is issued has been recognized by this state as a specialty
43-3 social work practitioner under the name or title designated by the
43-4 board <department>.
43-5 SECTION 31. Section 50.027, Human Resources Code, is amended
43-6 to read as follows:
43-7 Sec. 50.027. Expiration. The board <department> by rule
43-8 shall adopt a system under which orders of recognition of specialty
43-9 practice expire on various dates during the year, and the dates for
43-10 renewal shall be adjusted accordingly. On renewal of the specialty
43-11 order of recognition on the expiration date, the total specialty
43-12 order of recognition renewal fee is payable.
43-13 SECTION 32. Section 50.028, Human Resources Code, is amended
43-14 to read as follows:
43-15 Sec. 50.028. Violations. A person who violates this chapter
43-16 or a rule of the board <department> pertaining to the practice of
43-17 social work is subject to a civil penalty of not less than $50 nor
43-18 more than $500 for each day of violation.
43-19 SECTION 33. Section 50.029, Human Resources Code, is amended
43-20 to read as follows:
43-21 Sec. 50.029. INJUNCTIVE RELIEF <ENFORCEMENT>. (a) When it
43-22 appears that a person has violated or is violating or is
43-23 threatening to violate this chapter or a rule or order of the board
43-24 <department> pertaining to social work, the board <department> may
43-25 cause a civil suit to be instituted in a district court for
44-1 injunctive relief to restrain the continued violation or threat of
44-2 violation or for the assessment and recovery of the civil penalty,
44-3 as the court may consider proper, or for both injunctive relief and
44-4 civil penalty. On application for injunctive relief and a finding
44-5 that a person is violating or threatening to violate this chapter
44-6 or a rule, variance, or order of the board <department>, the
44-7 district court may grant the injunctive relief that the facts
44-8 warrant.
44-9 (b) At the request of the board <department>, the attorney
44-10 general shall institute and conduct a suit in the name of this
44-11 state for injunctive relief or to recover the civil penalty or for
44-12 both injunctive relief and penalty, as authorized in Subsection (a)
44-13 <of this section>.
44-14 (c) A suit brought under this section is in addition to any
44-15 other action, proceeding, or remedy authorized by law.
44-16 SECTION 34. Section 50.030, Human Resources Code, is amended
44-17 to read as follows:
44-18 Sec. 50.030. FUNDS <APPROPRIATION>. <For the biennium
44-19 ending August 31, 1983, the funds received in the social workers
44-20 fund are appropriated to the department to be expended by it in the
44-21 administration of this chapter.> To the extent applicable, the
44-22 general rules of the General Appropriations Act apply to the
44-23 expenditure of funds under an <this> appropriation.
44-24 SECTION 35. Section 50.031, Human Resources Code, is amended
44-25 to read as follows:
45-1 Sec. 50.031. Grants. The board may <department is hereby
45-2 empowered and authorized to> take all action necessary to qualify
45-3 for, accept, and receive funds or grants made available by the
45-4 United States or an agency of the United States, by this state or
45-5 any agency of this state, or by a private foundation or other
45-6 source for the establishment and maintenance of programs of
45-7 continuing education.
45-8 SECTION 36. Section 50.032, Human Resources Code, is amended
45-9 to read as follows:
45-10 Sec. 50.032. ENDORSEMENT <RECIPROCITY>. (a) The board
45-11 <department> may, on application and payment of the appropriate
45-12 fee, grant a temporary license to a licensed <certify as a
45-13 certified social worker,> social worker, licensed master social
45-14 worker, or a social work associate <a person> who is appropriately
45-15 certified or licensed by another state, territory, or possession of
45-16 the United States if the requirements of that state, territory, or
45-17 possession for the certificate or license are the substantial
45-18 equivalent of the requirements of this chapter as determined by the
45-19 board <department>.
45-20 (b) The board <department> may waive any licensure
45-21 <certification> requirement for an applicant with a valid
45-22 certificate or license from another state territory, or possession
45-23 of the United States if the requirements of that state, territory,
45-24 or possession for the certificate or license are substantially
45-25 equivalent to the requirements of this chapter as determined by the
46-1 board <with which the State of Texas has a reciprocity agreement>.
46-2 SECTION 37. Section 50.033, Human Resources Code, is amended
46-3 to read as follows:
46-4 Sec. 50.033. EMPLOYMENT OF SOCIAL WORKER. Nothing in this
46-5 chapter shall be construed as requiring the employment of a
46-6 licensed <certified> social worker, <a social worker, or> a social
46-7 work associate, or a licensed master social worker by any public
46-8 agency or private employer. As used in this section, private
46-9 employer includes but is not limited to a nonprofit corporation.
46-10 SECTION 38. Section 50.034, Human Resources Code, is amended
46-11 to read as follows:
46-12 Sec. 50.034. Continuing Education. (a) The board by rule
46-13 shall establish <department may recognize, prepare, or administer>
46-14 mandatory continuing education programs for persons licensed
46-15 <certified social workers, social workers, and social work
46-16 associates certified> under this chapter<. Participation in the
46-17 programs is voluntary>.
46-18 (b) The board by rule shall establish a minimum number of
46-19 hours of continuing education required to renew a license or order
46-20 of recognition under this chapter. The board may assess the
46-21 continuing education needs of license or order of recognition
46-22 holders and may require license or order of recognition holders to
46-23 attend continuing education courses specified by the board. The
46-24 board by rule shall develop a process to evaluate and approve
46-25 continuing education courses.
47-1 (c) The board shall identify the key factors for the
47-2 competent performance by a license or order of recognition holder
47-3 of the license or order of recognition holder's professional
47-4 duties. The board shall adopt a procedure to assess a license or
47-5 order of recognition holder's participation in continuing education
47-6 programs.
47-7 SECTION 39. Subsection (B), Section 2, Chapter 397, Acts of
47-8 the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas
47-9 Insurance Code), is amended to read as follows:
47-10 (B) No policy of accident and sickness insurance shall make
47-11 benefits contingent upon treatment or examination by a particular
47-12 practitioner or by particular practitioners of the healing arts
47-13 hereinafter designated unless such policy contains a provision
47-14 designating the practitioner or practitioners who will be
47-15 recognized by the insurer and those who will not be recognized by
47-16 the insurer. Such provision may be located in the "Exceptions" or
47-17 "Exceptions and Reductions" provisions, or elsewhere in the policy,
47-18 or by endorsement attached to the policy, at the insurer's option.
47-19 In designating the practitioners who will and will not be
47-20 recognized, such provision shall use the following terms: Doctor
47-21 of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
47-22 Chiropractic, Doctor of Optometry, Doctor of Podiatry, Audiologist,
47-23 Speech-language Pathologist, Doctor in Psychology, <Certified
47-24 Social Worker-->Advanced Clinical Practitioner, Licensed Dietitian,
47-25 Licensed Professional Counselor, and Licensed Marriage and Family
48-1 Therapist.
48-2 For purposes of this Act, such designations shall have the
48-3 following meanings:
48-4 Doctor of Medicine: One licensed by the Texas State Board of
48-5 Medical Examiners on the basis of the degree "Doctor of Medicine";
48-6 Doctor of Osteopathy: One licensed by the Texas State Board
48-7 of Medical Examiners on the basis of the degree of "Doctor of
48-8 Osteopathy";
48-9 Doctor of Dentistry: One licensed by the State Board of
48-10 Dental Examiners;
48-11 Doctor of Chiropractic: One licensed by the Texas Board of
48-12 Chiropractic Examiners;
48-13 Doctor of Optometry: One licensed by the Texas Optometry
48-14 Board;
48-15 Doctor of Podiatry: One licensed by the State Board of
48-16 Podiatry Examiners;
48-17 Audiologist: One with a master's or doctorate degree in
48-18 audiology from an accredited college or university and who is
48-19 certified by the American Speech-language and Hearing Association;
48-20 Speech-language Pathologist: One with a master's or
48-21 doctorate degree in speech pathology or speech-language pathology
48-22 from an accredited college or university and who is certified by
48-23 the American Speech-language and Hearing Association;
48-24 Doctor in Psychology: One licensed by the Texas State Board
48-25 of Examiners of Psychologists and certified as a Health Service
49-1 Provider;
49-2 <Certified Social Worker-->Advanced Clinical Practitioner:
49-3 One licensed <certified> by the Texas State Board of Social Worker
49-4 Examiners <Department of Human Services> as a Licensed Master
49-5 <Certified> Social Worker with the order of recognition of Advanced
49-6 Clinical Practitioner;
49-7 Licensed Dietitian: One licensed by the Texas State Board of
49-8 Examiners of Dietitians;
49-9 Licensed Professional Counselor: One licensed by the Texas
49-10 State Board of Examiners of Professional Counselors; and
49-11 Licensed Marriage and Family Therapist: One licensed by the
49-12 Texas State Board of Examiners of Marriage and Family Therapists.
49-13 SECTION 40. Sections 1 and 3, Article 21.52, Insurance Code,
49-14 as amended by Chapters 242 and 824, Acts of the 72nd Legislature,
49-15 Regular Session, 1991, are reenacted and amended to read as
49-16 follows:
49-17 Sec. 1. DEFINITIONS. As used in this article:
49-18 (a) "health insurance policy" means any individual,
49-19 group, blanket, or franchise insurance policy, insurance agreement,
49-20 or group hospital service contract, providing benefits for medical
49-21 or surgical expenses incurred as a result of an accident or
49-22 sickness;
49-23 (b) "doctor of podiatric medicine" includes D.P.M.,
49-24 podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
49-25 (c) "doctor of optometry" includes optometrist, doctor
50-1 of optometry, and O.D.;
50-2 (d) "doctor of chiropractic" means a person who is
50-3 licensed by the Texas Board of Chiropractic Examiners to practice
50-4 chiropractic;
50-5 (e) "licensed dentist" means a person who is licensed
50-6 to practice dentistry by the State Board of Dental Examiners;
50-7 (f) "audiologist" means a person who has received a
50-8 master's or doctorate degree in audiology from an accredited
50-9 college or university and is certified by the American
50-10 Speech-language and Hearing Association;
50-11 (g) "speech-language pathologist" means a person who
50-12 has received a master's or doctorate degree in speech-language
50-13 pathology from an accredited college or university and is
50-14 certified by the American Speech-language and Hearing Association
50-15 to restore speech loss or correct a speech impairment;
50-16 (h) "<certified social worker-->advanced clinical
50-17 practitioner" means a person who is licensed <certified> by the
50-18 Texas State Board of Social Worker Examiners <Department of Human
50-19 Services> as a licensed master <certified> social worker with the
50-20 order of recognition of advanced clinical practitioner;
50-21 (i) "licensed dietitian" means a person who is
50-22 licensed by the Texas State Board of Examiners of Dietitians;
50-23 (j) "licensed professional counselor" means a person
50-24 who is licensed by the Texas State Board of Examiners of
50-25 Professional Counselors; <and>
51-1 (k) "psychologist" means a person licensed to practice
51-2 psychology by the Texas State Board of Examiners of Psychologists;
51-3 and
51-4 (l) <(k)> "licensed marriage and family therapist"
51-5 means a person who is licensed by the Texas State Board of
51-6 Examiners of Marriage and Family Therapists.
51-7 Sec. 3. SELECTION OF PRACTITIONERS. Any person who is
51-8 issued, who is a party to, or who is a beneficiary under any health
51-9 insurance policy delivered, renewed, or issued for delivery in this
51-10 state by any insurance company, association, or organization to
51-11 which this article applies may select a licensed doctor of
51-12 podiatric medicine, a licensed dentist, or a doctor of chiropractic
51-13 to perform the medical or surgical services or procedures scheduled
51-14 in the policy which fall within the scope of the license of that
51-15 practitioner, a licensed doctor of optometry to perform the
51-16 services or procedures scheduled in the policy which fall within
51-17 the scope of the license of that doctor of optometry, an
51-18 audiologist to measure hearing for the purpose of determining the
51-19 presence or extent of a hearing loss and to provide aural
51-20 rehabilitation services to a person with a hearing loss if those
51-21 services or procedures are scheduled in the policy, a
51-22 speech-language pathologist to evaluate speech and language and to
51-23 provide habilitative and rehabilitative services to restore speech
51-24 or language loss or to correct a speech or language impairment if
51-25 those services or procedures are scheduled in the policy, an <a
52-1 certified social worker-->advanced clinical practitioner to provide
52-2 the services that fall within the scope of the license of such
52-3 licensed <certified> practitioner and which are specified as
52-4 services within the terms of the policy of insurance, including the
52-5 provision of direct, diagnostic, preventive, or clinical services
52-6 to individuals, families, and groups whose functioning is
52-7 threatened or affected by social or psychological stress or health
52-8 impairment, if those services or procedures are scheduled in the
52-9 policy, a licensed dietitian including a provisional licensed
52-10 dietitian under a licensed dietitian's supervision to provide the
52-11 services that fall within the scope of the license of that
52-12 dietitian if those services are scheduled in the policy, a licensed
52-13 professional counselor to provide the services that fall within the
52-14 scope of the license of that professional if those services are
52-15 scheduled in the policy, or a licensed marriage and family
52-16 therapist to provide the services that fall within the scope of the
52-17 license of that professional if those services are scheduled in the
52-18 policy, or a psychologist to perform the services or procedures
52-19 scheduled in the policy that fall within the scope of the license
52-20 of that psychologist. The services of an <a certified social
52-21 worker-->advanced clinical practitioner, licensed professional
52-22 counselor, or licensed marriage and family therapist that are
52-23 included in this Act may require a professional recommendation by a
52-24 doctor of medicine or doctor of osteopathy unless the health
52-25 insurance policy terms do not require such a recommendation. The
53-1 payment or reimbursement by the insurance company, association, or
53-2 organization for those services or procedures in accordance with
53-3 the payment schedule or the payment provisions in the policy shall
53-4 not be denied because the same were performed by a licensed doctor
53-5 of podiatric medicine, a licensed doctor of optometry, a licensed
53-6 doctor of chiropractic, a licensed dentist, an audiologist, a
53-7 speech-language pathologist, an <a certified social
53-8 worker-->advanced clinical practitioner, a licensed dietitian, a
53-9 licensed professional counselor, or a licensed marriage and family
53-10 therapist, or a psychologist. There shall not be any
53-11 classification, differentiation, or other discrimination in the
53-12 payment schedule or the payment provisions in a health insurance
53-13 policy, nor in the amount or manner of payment or reimbursement
53-14 thereunder, between scheduled services or procedures when performed
53-15 by a doctor of podiatric medicine, a doctor of optometry, a doctor
53-16 of chiropractic, a licensed dentist, an audiologist, a
53-17 speech-language pathologist, an <a certified social
53-18 worker-->advanced clinical practitioner, a licensed dietitian, a
53-19 licensed professional counselor, or a licensed marriage and family
53-20 therapist, or a psychologist which fall within the scope of his
53-21 license or certification and the same services or procedures when
53-22 performed by any other practitioner of the healing arts whose
53-23 services or procedures are covered by the policy. Any provision in
53-24 a health insurance policy contrary to or in conflict with the
53-25 provisions of this article shall, to the extent of the conflict, be
54-1 void, but such invalidity shall not affect the validity of the
54-2 other provisions of this policy. Any presently approved policy
54-3 form containing any provision in conflict with the requirements of
54-4 this Act shall be brought into compliance with this Act by the use
54-5 of riders and endorsements which have been approved by the State
54-6 Board of Insurance or by the filing of new or revised policy forms
54-7 for approval by the State Board of Insurance.
54-8 SECTION 41. (a) As soon as possible after the effective
54-9 date of this Act, the governor shall appoint the initial members of
54-10 the Texas State Board of Social Worker Examiners in accordance with
54-11 this Act. In making the initial appointments, the governor shall
54-12 designate members to serve terms as follows:
54-13 (1) one member certified as a social worker and
54-14 eligible for licensure as a licensed social worker under this Act,
54-15 one member certified as either a certified social worker and
54-16 eligible for licensure as a licensed master social worker under
54-17 this Act or a certified social worker--advanced clinical
54-18 practitioner and eligible for licensure as a licensed master social
54-19 worker--advanced clinical practitioner, and one public member to
54-20 serve for terms expiring January 31, 1995;
54-21 (2) one member certified as a social worker and
54-22 eligible for licensure as a licensed social worker under this Act,
54-23 one member certified as a certified social worker--advanced
54-24 clinical practitioner and eligible for licensure as a licensed
54-25 master social worker--advanced clinical practitioner, and one
55-1 public member to serve for terms expiring January 31, 1997; and
55-2 (3) one member certified as either a certified social
55-3 worker and eligible for licensure as a licensed master social
55-4 worker under this Act or a certified social worker--advanced
55-5 clinical practitioner and eligible for licensure as a licensed
55-6 master social worker--advanced clinical practitioner, one member
55-7 certified as a certified social worker--advanced clinical
55-8 practitioner and eligible for licensure as a licensed master social
55-9 worker--advanced clinical practitioner, and one public member to
55-10 serve for terms expiring January 31, 1999.
55-11 (b) The Texas State Board of Social Worker Examiners may not
55-12 take any action and is not created until the day after the date
55-13 that the last appointee to the initial board takes office. On the
55-14 date of its creation, the board assumes its functions and:
55-15 (1) the Council on Social Work Certification is
55-16 abolished;
55-17 (2) the obligations, rights, contracts, and records of
55-18 and the unspent money appropriated to or for the Council on Social
55-19 Work Certification in the social worker fund are transferred to and
55-20 for the Texas State Board of Social Worker Examiners and the
55-21 equipment, other property, and personnel of the Council on Social
55-22 Work Certification are transferred to the Texas Department of
55-23 Health;
55-24 (3) the rules of the Council on Social Work
55-25 Certification and Department of Human Services regarding the
56-1 certification or licensure, recognition, and regulation of social
56-2 workers are continued in effect as rules of the Texas State Board
56-3 of Social Worker Examiners until superseded by rule of the new
56-4 board;
56-5 (4) the certificates and orders of recognition in
56-6 effect that were issued by the Council on Social Work Certification
56-7 and the Department of Human Services are continued in effect as
56-8 licenses and orders of recognition of the Texas State Board of
56-9 Social Worker Examiners as provided in this section;
56-10 (5) a complaint or investigation pending before the
56-11 Council on Social Work Certification or the Department of Human
56-12 Services is transferred without change in status to the Texas State
56-13 Board of Social Worker Examiners;
56-14 (6) a contested case pending before the Council on
56-15 Social Work Certification or the Department of Human Services is
56-16 transferred to the Texas State Board of Social Worker Examiners,
56-17 and actions taken in the proceeding are treated as if taken by the
56-18 Texas State Board of Social Worker Examiners; and
56-19 (7) any reference in a law to the Council on Social
56-20 Work Certification means the Texas State Board of Social Worker
56-21 Examiners.
56-22 (c) In order to effect a transition from the certification
56-23 of social workers to licensure:
56-24 (1) any qualified person certified and in good
56-25 standing as of August 31, 1993, under the Social Work Certification
57-1 Act as a "certified social worker" shall, upon the date of renewal
57-2 of the certificate, receive a license as a "licensed master social
57-3 worker" without examination;
57-4 (2) any qualified person certified and in good
57-5 standing as of August 31, 1993, under the Social Work Certification
57-6 Act as a "social worker" shall, upon the date of renewal of the
57-7 certificate, receive a license as a "licensed social worker"
57-8 without examination;
57-9 (3) any qualified person certified and in good
57-10 standing as of August 31, 1993, under the Social Work Certification
57-11 Act as a "social work associate" shall, upon the date of renewal of
57-12 the certificate, receive a license as a "social work associate"
57-13 without examination;
57-14 (4) any qualified person certified and in good
57-15 standing as of August 31, 1993, under the Social Work Certification
57-16 Act as a "certified social worker--advanced clinical practitioner"
57-17 shall, upon the date of renewal of the order of recognition, be
57-18 recognized as being qualified for the private, independent practice
57-19 of social work under this Act without examination;
57-20 (5) any qualified person certified and in good
57-21 standing as of August 31, 1993, under the Social Work Certification
57-22 Act as a "certified social worker--advanced clinical practitioner"
57-23 shall, upon the date of renewal of the order of recognition, be
57-24 recognized as being qualified for the practice of clinical social
57-25 work and the use of the authorized specialty designation evidencing
58-1 same under this Act without examination, and upon application
58-2 pursuant to the provisions of this Act shall be so recognized;
58-3 (6) any person with an application on file for
58-4 certification as a social work associate with the Department of
58-5 Human Services as of August 31, 1993, and who completes the
58-6 requirements of this Act before August 31, 1994, shall be licensed
58-7 as a social work associate;
58-8 (7) any person with an application on file for
58-9 certification as a social worker with the Department of Human
58-10 Services as of August 31, 1993, and who completes the requirements
58-11 of this Act before August 31, 1994, shall be licensed as a licensed
58-12 social worker; and
58-13 (8) any person with an application on file for
58-14 certification as a certified social worker with the Department of
58-15 Human Services as of August 31, 1993, and who completes the
58-16 requirements of this Act before August 31, 1994, shall be licensed
58-17 as a licensed master social worker.
58-18 (d) The Texas State Board of Social Worker Examiners shall
58-19 adopt rules under this Act not later than March 1, 1994.
58-20 SECTION 42. This Act takes effect September 1, 1993.
58-21 SECTION 43. The importance of this legislation and the
58-22 crowded condition of the calendars in both houses create an
58-23 emergency and an imperative public necessity that the
58-24 constitutional rule requiring bills to be read on three several
58-25 days in each house be suspended, and this rule is hereby suspended.