By Schechter H.B. No. 2202
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of professional social work; creating
1-3 the Texas State Board of Social Work Examiners; abolishing the
1-4 Council on Social Work Certification; and providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 50.001, Human Resources Code, is amended
1-7 to read as follows:
1-8 Sec. 50.001. SHORT TITLE; FINDINGS; DEFINITIONS. (a) This
1-9 Act may be cited as the Texas Social Work Practice Act.
1-10 (b) The legislature finds that:
1-11 (1) the profession of social work profoundly affects
1-12 the health and welfare of the people of this state;
1-13 (2) the profession of social work exists to provide
1-14 humane and effective social services to individuals, families,
1-15 groups, communities, and society in order that social functioning
1-16 may be enhanced and the quality of life improved;
1-17 (3) social workers are involved with individuals who
1-18 are hurt, vulnerable and having difficulty in areas of their lives
1-19 which are extremely sensitive; failure to help these individuals,
1-20 whether through incompetence or irresponsibility, is a serious
1-21 matter; these individual citizens have the potential to be greatly
1-22 harmed by the services of ill-prepared and incapable persons acting
1-23 as social workers; the economic burden of social services which do
2-1 not give effective aid is a serious social problem; and
2-2 (4) the purpose of this Act is to protect the public
2-3 by setting minimum qualifications of education, training and
2-4 experience for those who seek to engage in the practice of social
2-5 work and to promote high standards of professional performance for
2-6 those engaged in the profession of social work.
2-7 (c) In this Act <Chapter>:
2-8 (1) "Board" means the Texas State Board of Social Work
2-9 Examiners <Human Services>.
2-10 (2) "Licensed <"Certified> social worker" means a
2-11 person who is duly licensed <certified> as a licensed <certified>
2-12 social worker by the Board <department> in accordance with this Act
2-13 <Chapter>.
2-14 (3) "Licensed Master Social Worker" means a person who
2-15 is duly licensed as a licensed master social worker by the Board in
2-16 accordance with this Act.
2-17 (4) "Advanced Clinical Practitioner" means a person
2-18 who is duly licensed as a licensed master social worker and
2-19 recognized as being qualified for the practice of clinical social
2-20 work by the Board in accordance with this Act.
2-21 (5) "Provisional Licensed Social Worker" means a
2-22 person who is duly licensed as a provisional licensed social worker
2-23 by the Board in accordance with this Act.
2-24 (6) <(3)> "Professional social work practice
2-25 <services>" means service and action performed for compensation to
3-1 effect changes in human behavior, a person's emotional responses,
3-2 interpersonal relationships, and the social conditions of
3-3 individuals, families, groups, organizations, and communities. For
3-4 the purpose of this definition, the practice of professional social
3-5 work is guided by special knowledge, acquired through formal
3-6 professional social work education, of social welfare policies and
3-7 services, social welfare systems and resources, human development
3-8 and behavior within the context of the social environment, and
3-9 methods to enhance the functioning of individuals, families,
3-10 groups, communities, and social welfare organizations.
3-11 Professional social work practice involves the disciplined
3-12 application of social work values, principles, and methods. Social
3-13 work direct practice methods include, but are not limited to,
3-14 psychotherapy, marriage and family therapy, couples therapy, group
3-15 therapy, counseling, assessment and diagnosis <the professional
3-16 activity of helping individuals, groups, or communities enhance or
3-17 restore their capacity for social functioning and creating social
3-18 conditions favorable to this goal. Social work services consist of
3-19 the professional application of social work values, principles, and
3-20 techniques to one or more of the following ends: helping people
3-21 obtain tangible services, counseling with individuals, families, or
3-22 groups, helping communities or groups provide social and health
3-23 services, and participating in formulating relevant public
3-24 policies. The practice of social work requires knowledge of human
3-25 development and behavior, of social, economic, and cultural
4-1 institutions, and of the interaction of all these factors>.
4-2 (7) <(4)> "Social worker" means a person who holds a
4-3 license authorizing the person to engage in professional social
4-4 work practice <certified> as a provisional licensed social worker,
4-5 licensed social worker or licensed master social worker (social
4-6 worker) by the board <department> in accordance with this Act
4-7 <chapter>.
4-8 (8) <(5)> "License" means that which is required to
4-9 practice professional social work under this Act, the
4-10 qualifications for which include specific education, acceptable
4-11 experience and examination requirements <"Social work associate"
4-12 means a person who has been duly licensed as a social worker by the
4-13 board in accordance with this chapter">.
4-14 <(6) "Council" means the Council for Social Work
4-15 Certification.>
4-16 (9) <(7)> "Council on Social Work Education" means the
4-17 national organization primarily responsible for accrediting schools
4-18 of social work in the United States. <"Department" means the Texas
4-19 Department of Human Services.>
4-20 (d) ((b)) The board <department> may define by rule any word
4-21 or term not defined in this section as necessary to administer or
4-22 enforce this Act <chapter>. The definition may not be inconsistent
4-23 or in conflict with the purposes or objectives of this Act
4-24 <chapter>.
4-25 SECTION 2. Section 50.002. Human Resources Code, is amended
5-1 to read as follows:
5-2 Sec. 50.002. EXEMPTIONS. Nothing in this Act shall be
5-3 construed to apply to:
5-4 (a) the activities and services of other licensed
5-5 professions including physicians and surgeons, attorneys,
5-6 registered and licensed vocational nurses, psychologists,
5-7 occupational therapists, licensed marriage and family therapists,
5-8 licensed chemical dependency counselors and licensed professional
5-9 counselors, provided such persons act strictly within the scope of
5-10 their respective licenses and do not use the titles covered by
5-11 Section 50.010 of this Act;
5-12 (b) the delivery of human services by volunteers, provided
5-13 such persons do not represent their services as social work
5-14 services or represent themselves as social workers or use any title
5-15 that would imply licensure or certification in social work
5-16 services;
5-17 (c) the activities of students, interns, or trainees in
5-18 social work in connection with a Council on Social Work Education
5-19 accredited institution of higher learning. If the activities
5-20 constitute a part of the course of study for the Baccalaureate or
5-21 Master's in Social Work degree provided such persons do not use any
5-22 title that would imply licensure or certification in social work
5-23 services;
5-24 (d) services rendered by a nonresident of this state for not
5-25 more than 30 days during the calendar year, if the person is
6-1 authorized to provide the services under the laws of the state or
6-2 country of the person's residence;
6-3 (e) the activities and services of pastoral care counselors
6-4 including Christian Science practitioners recognized by the Church
6-5 of Christ Scientist as registered and published in the Christian
6-6 Science Journal and other recognized religious practitioners,
6-7 provided such persons do not use any title that would imply
6-8 licensure or certification in social work services <All persons are
6-9 exempt from this chapter if they do not represent or hold
6-10 themselves out to the public, directly or indirectly, as certified
6-11 under this chapter and do not use any name, title, or designation
6-12 indicating that they are certified under this chapter>.
6-13 SECTION 3. Sec. 50.003, Human Resources Code, is amended to
6-14 read as follows:
6-15 Sec. 50.003. Civil Rights. A consideration of an
6-16 application for licensure <certification>, examination, regulation,
6-17 disciplinary proceeding, and any other action and decision
6-18 performed by authority of this Act <chapter> shall be made or done
6-19 in accordance with State and Federal legal prohibitions against
6-20 discrimination <without regard to sex, race, religion, national
6-21 origin, color, or political affiliation>.
6-22 SECTION 4. Sec. 50.004, Human Resources Code, is amended to
6-23 read as follows:
6-24 Sec. 50.004. THE TEXAS STATE BOARD OF SOCIAL WORKER
6-25 EXAMINERS <Council for Social Work Certification>. (a) The Texas
7-1 State Board of Social Work Examiners is created. The board is
7-2 composed of nine members appointed by the governor with the advice
7-3 and consent of the Senate. Three members must be members of the
7-4 public who have no direct or indirect affiliation with social work
7-5 practice. Six members must be persons licensed under this Act, two
7-6 of whom must be licensed as Licensed Social Workers and four of
7-7 whom must be licensed as Licensed Master Social Workers, at least
7-8 two of whom must be recognized as Advanced Clinical Practitioners.
7-9 <The Council for Social Work Certification is created to advise the
7-10 department on problems relating to the practice of social work.
7-11 The council shall review rules and minimum standards for social
7-12 work certification and make recommendations to the department
7-13 concerning rules, standards, and administration under this
7-14 chapter>.
7-15 (b) Appointments to the board shall be made in accordance
7-16 with State and Federal legal prohibitions against discrimination
7-17 <The council is composed of nine members appointed by the board
7-18 upon the recommendation of the commissioner. The council is
7-19 composed as follows: three members shall be at all times certified
7-20 social workers certified under this chapter, three members shall be
7-21 at all times social workers or social work associates certified
7-22 under this chapter, and the remaining three members shall be
7-23 representatives of the public who are not certified under this
7-24 chapter and who do not have, other than as consumers, any interest
7-25 in the practice of social work. Until December 31, 1987, one
8-1 member who is a certified social worker must have been certified
8-2 under the work experience qualifications prescribed by Subdivision
8-3 (3) or (4) of Subsection (a) of Section 50.015 of this chapter, and
8-4 one member who is a social worker must have been certified under
8-5 the work experience qualifications prescribed by Subdivisions (2),
8-6 (3), or (4) of Subsection (a) of Section 50.016 of this chapter>.
8-7 (c) Except for the initial appointments, members hold office
8-8 for staggered terms of six <three> years with three members' terms
8-9 expiring January 31 of each odd-numbered year. In making the
8-10 initial appointments, the governor <board> shall appoint members
8-11 within 90 days after this Act <chapter> takes effect to serve the
8-12 following terms: three members for terms that expire January 31,
8-13 1999 <1985>, three members for terms that expire January 31,
8-14 1997 <1984>, and three members for terms that expire January 31,
8-15 1995 <1983>.
8-16 (d) In the event of a vacancy during a term, the governor
8-17 shall appoint a replacement who meets the qualifications of the
8-18 vacated office to fill the unexpired part of the term <The board
8-19 shall make appointments to the council after considering how
8-20 representative the council is with regard to race, sex, age, and
8-21 geographical representation>.
8-22 (e) It is a ground for removal from the board <council> that
8-23 a member:
8-24 (1) does not have at the time of appointment the
8-25 qualifications required <by Subsection (b) of this section> for
9-1 appointment to the board <council>;
9-2 (2) does not maintain during the service on the board
9-3 <council> the qualifications required <by Subsection (b) of this
9-4 section> for appointment to the board <council>; <or>
9-5 (3) violates a prohibition established by Subsection
9-6 (g) or (h) of this section. The validity of an action of the board
9-7 <council> is not affected by the fact that it was taken when a
9-8 ground for removal of a member of the board <council> existed;
9-9 (4) cannot discharge the member's duties for a
9-10 substantial part of the term for which the member is appointed
9-11 because of illness or disability; or
9-12 (5) is absent from more than half of the regularly
9-13 scheduled board meetings that the member is eligible to attend
9-14 during a calendar year unless the absence is excused by majority
9-15 vote of the board.
9-16 (f) A person who is required to register as a lobbyist under
9-17 Chapter 305, Government Code, by virtue of his activities for
9-18 compensation in or on behalf of a profession related to the
9-19 operation of the board <council> may not serve as a board <council>
9-20 member or act as the general counsel to the board <council>.
9-21 (g) A member or employee of the board <council> may not be
9-22 an officer, employee, or paid consultant of a trade or professional
9-23 association in the field of social work.
9-24 (h) A member or employee of the board <council> may not be
9-25 related within the second degree by affinity or consanguinity, as
10-1 determined under Article 5996h, Revised Statutes, to a person who
10-2 is an officer, employee, or paid consultant of a trade association
10-3 in the field of social work.
10-4 (i) Members of the board <council> must be citizens of the
10-5 United States and residents of this state. Social workers
10-6 appointed to the board must be licensed <certified> as required by
10-7 this section, except that the initial appointees must be persons
10-8 who are eligible for the appropriate license <certificate> and must
10-9 have actively, actually, and continuously engaged in rendering
10-10 social work services or in social work education <teaching> or
10-11 administration for a period of at least five years immediately
10-12 preceding appointment.
10-13 (j) Each member of the board <council> is entitled to the
10-14 <a> per diem <as> set by the legislature <legislative appropriation
10-15 for state employees and board expenses to and from the business of
10-16 the council> for each day that the member performs functions as a
10-17 member of the board. No member shall receive actual or necessary
10-18 expenses except for travel to and from meetings as provided by the
10-19 General Appropriations Act.
10-20 (k) The board <council> shall meet at least once a year. At
10-21 the first regular meeting each year the board <council> shall elect
10-22 a chairman and a vice-chairman. Other regular meetings may be held
10-23 as the rules of the board <council> may provide. Special meetings
10-24 may be held at times considered advisable by the board <council>.
10-25 (l) The board <council> is subject to the open meetings law,
11-1 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967,
11-2 as amended (Article 6252-17, Vernon's Texas Civil Statutes), and
11-3 the Administrative Procedure and Texas Register Act, as amended
11-4 (Article 6252-13a, Vernon's Texas Civil Statutes).
11-5 The board <department> shall employ <provide> staff necessary
11-6 to assist the council in performing its duties. <The staff person
11-7 directly responsible for the administration of this chapter shall
11-8 at all times have the confidence of the majority of the council.>
11-9 (m) The Texas State Board of Social Work Examiners <Council
11-10 for Social Work Certification> is subject to Chapter 325,
11-11 Government Code (Texas Sunset Act). Unless continued in existence
11-12 as provided by that Chapter, the board <council> is abolished and
11-13 this section expires September 1, 2005 <1993> <If the council is
11-14 continued in existence beyond that date, subsequent sunset
11-15 provisions should be made to conform with those of the Texas
11-16 Department of Human Services>.
11-17 SECTION 5. Section 50.005, Human Resources Code, is amended
11-18 to read as follows:
11-19 Sec. 50.005. Funding. (a) All money derived from fees,
11-20 assessments, or charges under this Act <chapter> shall be paid by
11-21 the board <department> into the State Treasury for safekeeping and
11-22 shall be placed by the State Treasurer in a separate fund to be
11-23 known as the Professional Social Workers Fund. The money shall be
11-24 available to the board <department> exclusively for the
11-25 administration, implementation, and enforcement of this Act
12-1 <chapter>. Surpluses are reserved for the use of the board
12-2 <department> in the administration and enforcement of this Act
12-3 <chapter>.
12-4 (b) The comptroller shall, on requisition of the board
12-5 <department>, draw warrants from time to time on the State
12-6 Treasurer for the amount specified in the requisition, not
12-7 exceeding the amount in the fund at the time the requisition is
12-8 made. However, all money expended in the administration,
12-9 implementation, or enforcement of this Act <chapter> shall be
12-10 specified and determined by itemized appropriation in the General
12-11 Appropriations Act for the board <department> and not otherwise.
12-12 SECTION 6. Section 50.006, Human Resources Code, is amended
12-13 to read as follows:
12-14 Sec. 50.006. Regulation and Enforcement. (a) The board
12-15 shall <department may> adopt and enforce the rules necessary for
12-16 the performance of its duties, establish standards of conduct and
12-17 ethics for all persons licensed <certified> under this Act
12-18 <chapter>, and ensure strict compliance with and enforcement of
12-19 this Act <chapter>.
12-20 (b) The violation by a licensed master <certified> social
12-21 worker, <or> licensed social worker or provisional licensed social
12-22 worker <or social work associate> of this Act <chapter> or of any
12-23 rule of the board <department> pertaining to the practice of
12-24 professional social work is sufficient reason to reprimand,
12-25 suspend, probate or revoke a license <certificate> issued under
13-1 this Act <chapter>.
13-2 (c) In addition to any other action, proceeding or remedy
13-3 authorized by law, the board may institute a suit to enjoin the
13-4 violation of this Act. The suit may be brought in Travis County,
13-5 in the county of the defendant's residence, or in the county where
13-6 any part of the violation occurred <the department may institute an
13-7 action to enjoin a violation of the chapter or a rule of the
13-8 department. In order for the department to sustain this action, it
13-9 is not necessary to allege or prove the lack of an adequate remedy
13-10 at law or that substantial or irreparable damage would result from
13-11 the continued violation. Either party to the action may appeal to
13-12 the appellate court having jurisdiction of the cause. The
13-13 department shall not be required to give any appeal bond in any
13-14 cause arising under this chapter>. The attorney general shall
13-15 represent the board <department> in all actions and proceedings to
13-16 enforce this Act (chapter.
13-17 (d) The board <department> shall prepare information of
13-18 consumer interest describing the regulatory functions of the board
13-19 <department> and describing the board's <department's> procedures
13-20 by which consumer complaints are filed with and resolved by the
13-21 board <department>. The board <department> shall make the
13-22 information available to the general public and appropriate state
13-23 agencies.
13-24 (e) There shall be prominently displayed at all times in the
13-25 place of business of each person licensed <certified> under this
14-1 Act <chapter> a sign containing the name, mailing address, and
14-2 telephone number of the board <department> and a statement
14-3 informing consumers that complaints against persons licensed
14-4 <certified> under this Act (chapter) may be directed to the board
14-5 <department>.
14-6 SECTION 7. Section 50.0061, Human Resources Code, is amended
14-7 to read as follows:
14-8 Sec. 50.0061. Advertising. (a) The board <department> may
14-9 not adopt rules restricting competitive bidding or advertising by a
14-10 person regulated by the board <department> except to prohibit
14-11 false, misleading, or deceptive practices by the person.
14-12 (b) The board <department> may not include in its rules to
14-13 prohibit false, misleading, or deceptive practices by a person
14-14 regulated by the board <department> a rule that:
14-15 (1) restricts the person's use of any medium for
14-16 advertising;
14-17 (2) restricts the person's personal appearance or use
14-18 of a person's (his) voice in an advertisement;
14-19 (3) relates to the size or duration of an
14-20 advertisement by the person; or
14-21 (4) restricts the person's advertisement under a trade
14-22 name.
14-23 SECTION 8. Section 50.007, Human Resources Code, is amended
14-24 to read as follows:
14-25 Sec. 50.007. Annual Report. Within 90 days after the end of
15-1 each fiscal year as defined by the law of this state, the board
15-2 shall submit a written report to the governor and to the presiding
15-3 officer of each house of the legislature regarding its work in
15-4 licensing social workers during the preceding fiscal year <As part
15-5 of the annual report required by Section 21.011 of this code, the
15-6 commissioner shall include a written report regarding the
15-7 department's work in certifying social workers during the preceding
15-8 fiscal year>.
15-9 SECTION 9. Section 50.008, Human Resources Code, is amended
15-10 to read as follows:
15-11 Sec. 50.008. Official Roster. (a) A roster showing the
15-12 names and addresses, as reflected by the board's <department's>
15-13 records, of all licensed master <certified> social workers,
15-14 licensed social workers and provisional licensed social workers
15-15 <social work associates certified by the department> shall be
15-16 prepared and published by the board <department> at its discretion.
15-17 Copies of the roster shall be available <mailed> to each person
15-18 licensed <certified> by the board <department> and placed on file
15-19 with the secretary of state.
15-20 (b) A person's name or address may not appear in the roster
15-21 unless all fees required by this Act <chapter> are current and paid
15-22 in full at the time the roster is sent to the printer or publisher.
15-23 SECTION 10. Section 50.009, Human Resources Code, is amended
15-24 to read as follows:
15-25 Sec. 50.009. Fees. <(a)> The board <department> shall
16-1 establish, charge, and collect fees sufficient to cover the cost of
16-2 administering this Act <chapter> as follows:
16-3 (1) a fee for the filing of an application to take an
16-4 examination for a license <certificate> under this Act <chapter>;
16-5 (2) a fee for the taking of an examination;
16-6 (3) a fee for the original issuance of a license
16-7 <certificate> under this Act <chapter>;
16-8 (4) a fee for the original issuance of an order of
16-9 recognition to practice a specialty in the practice of social work
16-10 or to engage in the private independent practice of social work;
16-11 (5) a fee for an annual renewal of an order of
16-12 recognition to practice a specialty in the practice of social work
16-13 or for the private independent practice of social work;
16-14 (6) a fee for an annual renewal of a license
16-15 <certificate> issued in accordance with this Act <chapter>;
16-16 (7) a fee for replacement of a license <certificate>,
16-17 specialty order of recognition, or renewal lost or destroyed; and
16-18 (8) a fee for a copy of the official roster of
16-19 licensed <certified> persons published by the board <department for
16-20 the one copy mailed to each person certified>.
16-21 <(b) If a certified social work associate is qualified on
16-22 September 2, 1983, to be examined for a certificate as a social
16-23 worker because of a legislative change in qualifications under
16-24 Section 50.016 of this chapter, the department may not charge or
16-25 collect a fee for issuing the social worker certificate to that
17-1 person.>
17-2 SECTION 11. Section 50.010, Human Resources Code, is amended
17-3 to read as follows:
17-4 Sec. 50.010. LICENSE RESTRICTIONS AND LIMITATIONS
17-5 <Limitation of Practice>. (a) Unless licensed <certified> under
17-6 this Act <chapter> or unless specifically exempted from its
17-7 provisions, a person may not:
17-8 (1) employ, use, cause to be used, or make use of any
17-9 of the following terms or any combinations, variations, or
17-10 abbreviations of the terms as a professional, business, or
17-11 commercial identification, title, name, representation, claim,
17-12 asset, or means of advantage or benefit: "<certified> social
17-13 worker," "licensed master <certified> social worker," <"registered
17-14 certified social worker," "social worker," "licensed social
17-15 worker," "registered social worker," "social work associate," or
17-16 "registered social work associate"> , "licensed social worker" or
17-17 "provisional licensed social worker"; or
17-18 (2) use any title that would imply licensure or
17-19 certification in social work services <employ, use, cause to be
17-20 used, or make use of any letter, abbreviation, word, symbol,
17-21 slogan, sign, or any combination or variation of them that tends or
17-22 is likely to create any impression with a member of the public that
17-23 a person is qualified or authorized to practice social work or is a
17-24 certified social worker, social worker, or social work associate,
17-25 unless appropriately certified under and practicing in accordance
18-1 with this chapter>.
18-2 (b) A person, firm, partnership, association, corporation,
18-3 business, or professional entity that does or offers or attempts to
18-4 do social work as defined in Section 50.001 <an act prescribed by
18-5 Subsection (a)> of this Act <section> is engaged in the practice of
18-6 social work.
18-7 SECTION 12. Section 50.011, Human Resources Code, is amended
18-8 to read as follows:
18-9 Sec. 50.011. Professional Identification. A person licensed
18-10 <certified> by the board <department> in accordance with this Act
18-11 <chapter> shall, in the professional use of any <his> name or any
18-12 sign, directory, listing, contract, document, pamphlet, stationery,
18-13 letterhead, advertisement, signature, or other means of
18-14 professional identification, written or printed, use the following
18-15 legally required identifications:
18-16 (1) if licensed <certified> as a licensed master
18-17 <certified> social worker, the words "licensed master <certified>
18-18 social worker" or the initials "L.M.S.W." <"C.S.W.">;
18-19 (2) if licensed <certified> as a licensed social
18-20 worker, the words "licensed social worker" or the initials "L.S.W."
18-21 <"S.W.">; or
18-22 (3) if licensed as a provisional licensed social
18-23 worker, the words "provisional licensed social worker" or the
18-24 initials "P.L.S.W." <if certified as a social work associate, the
18-25 words "social work associate" or the initials "S.W.A.">.
19-1 SECTION 13. Section 50.012, Human Resources Code, is amended
19-2 to read as follows:
19-3 Sec. 50.012. Public Representation. A firm, partnership,
19-4 association, corporation, or other business or professional entity
19-5 may not hold itself or another out to the public as being engaged
19-6 in the work or practice of social work or offering social work
19-7 services under an assumed, trade, business, professional,
19-8 partnership, or corporate name or title or employ, use, cause to be
19-9 used, or make use of, directly or indirectly or in any manner, the
19-10 words or terms "social work", "social work services", "social work,
19-11 inc.", "professional social workers", "licensed <certified> social
19-12 workers", <or> "licensed social workers", or "provisional licensed
19-13 social worker" <"social work associates",> "L.M.S.W.", "L.S.W.",
19-14 "P.L.S.W." <"C.S.W.", "S.W.A.">, or any combinations,
19-15 abbreviations, or variations of any of these or in combination with
19-16 any other words, letters, initials, signs, legends, or symbols on,
19-17 in, or as a part of, directly or indirectly, any sign, directory,
19-18 listing, contract, document, pamphlet, stationery, letterhead,
19-19 advertisement, signature, trade name, assumed name, or corporate or
19-20 other business or professional name, unless the firm, partnership,
19-21 association, corporation, or other business or professional entity
19-22 is actually and actively engaged in the practice of social work or
19-23 is actually and actively performing social work services, and
19-24 unless the services performed by it which constitute the practice
19-25 of social work are either personally performed or done by a
20-1 <certified> social worker, <social worker, or social work
20-2 associate> practicing in accordance with this Act <chapter> or
20-3 under the direct supervision <general direction> of a licensed
20-4 master <certified> social worker or social worker <or> , a licensed
20-5 social worker, or a provisional licensed social worker.
20-6 SECTION 14. Section 13, Human Resources Code, is amended to
20-7 read as follows:
20-8 Sec. 50.013. Applications. An application for licensure
20-9 <certification> under this Act <chapter> shall be on a form
20-10 prescribed and furnished by the board <department> and shall
20-11 contain statements made under oath setting forth in detail the
20-12 applicant's education, experience, and other information as
20-13 required by the board <department> that qualify the applicant for a
20-14 license <certificate> under this Act <chapter>. No person is
20-15 eligible for a license <certificate> provided under this Act
20-16 <chapter> unless the person <he> is at least 18 years of age and
20-17 worthy of the public trust and confidence.
20-18 SECTION 15. EXAMINATIONS. (a) At least once each calendar
20-19 year the board <department> shall prepare or cause to have prepared
20-20 and administer an examination to determine qualifications of
20-21 applicants for licenses <certificates> under this Act <chapter>.
20-22 Examinations shall be conducted in a manner the board <department>
20-23 determines and in a manner that is fair and impartial <to all
20-24 individuals and to every school or system of social work>.
20-25 Applicants shall be known to the examiners only by numbers until
21-1 their scores <after the general averages of the applicants in a
21-2 class> have been determined and licenses <certificates> have been
21-3 granted or refused. The scope and content of examinations shall be
21-4 sufficient to ensure professional efficacy and competence in
21-5 keeping with the <highest> standards required for licensure <of
21-6 the social work profession>.
21-7 (b) On satisfactory completion of all licensing requirements
21-8 <of the examination conducted by the department>, an applicant may
21-9 be granted a license <certificate> as a licensed master <certified>
21-10 social worker or licensed social worker<, or social work associate>
21-11 as the board <department> determines.
21-12 (c) An applicant who fails an examination may be reexamined
21-13 at a subsequent time on payment of the required fees.
21-14 (d) If requested by a person who fails the examination for a
21-15 license <certificate>, the board <department> shall furnish to the
21-16 person an analysis of the person's performance on the examination.
21-17 (e) Not later than the 30th day after the day on which a
21-18 licensure <certification> examination is administered under this
21-19 Act <chapter>, the board <department> shall notify each examinee of
21-20 the results of the examination. However, if an examination is
21-21 graded or reviewed by a national testing service, the board
21-22 <department> shall notify examinees of the results of the
21-23 examination not later than the 14th day after the day on which the
21-24 board <department> receives the results from the testing service.
21-25 If the notice of the examination results will be delayed for longer
22-1 than 90 days after the examination date, the board <department>
22-2 shall notify the examinee of the reason for the delay before the
22-3 90th day.
22-4 SECTION 16. Sec. 50.015, Human Resources Code, is amended to
22-5 read as follows:
22-6 Sec. 50.015. LICENSED MASTER <Certified> SOCIAL WORKER. As
22-7 of September 1, 1993, <(a) Until December 31, 1985> the board
22-8 <department> shall consider <the following> as minimum evidence
22-9 that an applicant is qualified to be examined for a license
22-10 <certificate> as a <certified> licensed master social worker <:> a
22-11 master's degree in social work from a graduate program accredited
22-12 by the Council on Social Work Education <(1) a doctoral degree or
22-13 master's degree in social work from an accredited graduate program
22-14 approved by the department;>
22-15 <(2) a doctoral degree or master's degree not in
22-16 social work from an accredited program approved by the department
22-17 and the successful completion of two years' actual and active
22-18 social work experience approved by the department; or>
22-19 <(3) a baccalaureate degree in social work or a
22-20 related field from an educational program approved by the
22-21 department and the successful completion of five years' actual and
22-22 active social work experience approved by the department; or>
22-23 <(4) a baccalaureate degree not in social work or a
22-24 related field from an educational institution approved by the
22-25 department and the successful completion of 10 years' actual and
23-1 active social work experience approved by the department.>
23-2 <(b) After December 31, 1985, the department shall consider
23-3 only the qualifications prescribed by Subdivision (1) of Subsection
23-4 (a) of this section as minimum evidence that an applicant is
23-5 qualified to be examined for a certificate as a certified social
23-6 worker>.
23-7 SECTION 17. Section 50.016, Human Resources Code, is amended
23-8 to read as follows:
23-9 Sec. 50.016. LICENSED SOCIAL WORKER. As of September 1,
23-10 1993, <(a) Until December 31, 1985>, the board <department> shall
23-11 consider <the following> as minimum evidence that an applicant is
23-12 qualified to be examined for a license <certificate> as a licensed
23-13 social worker<: (1)> a baccalaureate degree in social work from an
23-14 educational program accredited <approved> by the Council on Social
23-15 Work Education <department;>
23-16 <(2) a baccalaureate degree not in social work from an
23-17 educational institution approved by the department and the
23-18 successful completion of five years' actual and active social work
23-19 experience approved by the department;>
23-20 <(3) an associate degree from an educational
23-21 institution approved by the department and the successful
23-22 completion of 10 years' actual and active social work experience
23-23 approved by the department; or>
23-24 <(4) a high school diploma or its substantial
23-25 equivalent as determined by the department and the successful
24-1 completion of 15 years' actual and active social work experience
24-2 approved by the department.>
24-3 <(b) After December 31, 1985, the department shall consider
24-4 only the qualifications prescribed by Subdivision (1) of Subsection
24-5 (a) of this section as minimum evidence that an applicant is
24-6 qualified to be examined for a certificate as a social worker.>
24-7 SECTION 18. Section 50.017, Human Resources Code, is amended
24-8 to read as follows:
24-9 Sec. 50.017. IMPLEMENTATION - TRANSITIONAL PERIOD <SOCIAL
24-10 WORK ASSOCIATE>. Any person certified and in good standing as of
24-11 August 31, 1993, under the Social Work Certification Act as a
24-12 "Certified Social Worker" shall be eligible to receive a license
24-13 during the one-year period ending August 31, 1994, as a "Licensed
24-14 Master Social Worker" without examination.
24-15 Any person certified and in good standing as of August 31,
24-16 1993, under the Social Work Certification Act as a "Social Worker"
24-17 shall be eligible to receive a license during the one-year period
24-18 ending August 31, 1994, as a "Licensed Social Worker" without
24-19 examination.
24-20 Any person certified and in good standing as of August 31,
24-21 1993, under the Social Work Certification Act as a "Social Work
24-22 Associate" shall be eligible to receive a license during the
24-23 one-year period ending August 31, 1994, as a "Provisional Licensed
24-24 Social Worker" without examination.
24-25 Any person with an application on file for certification as a
25-1 Social Work Associate with the Department of Human Services as of
25-2 August 31, 1993, and who completes the certification requirements
25-3 during the one-year period ending August 31, 1994, shall be
25-4 licensed as a Provisional Licensed Social Worker without
25-5 examination.
25-6 Any person with an application on file for certification as a
25-7 Social Work with the Department of Human Services as of August 31,
25-8 1993, and who completes the certification requirements during the
25-9 one-year period ending August 31, 1994, shall be licensed as a
25-10 Licensed Social Worker without examination.
25-11 Any person with an application on file for certification as a
25-12 Certified Social Worker with the Department of Human Services as of
25-13 August 31, 1993, and who completes the certification requirements
25-14 during the one-year period ending August 31, 1994, shall be
25-15 licensed as a Licensed Master Social Worker without examination.
25-16 All records, equipment, and personnel of the Council for
25-17 Social Work Certification shall be transferred to the Texas State
25-18 Board of Social Work Examiners, and the funds of the Social Workers
25-19 Fund shall be transferred to the Professional Social Workers Fund,
25-20 on September 1, 1993.
25-21 In order to effect a smooth transition from the certification
25-22 of social workers to licensure, those eligible for licensure will
25-23 become so at the time of renewal. <(a) the department shall
25-24 consider the following as minimum evidence that an applicant is
25-25 qualified to be examined for a certificate as a social work
26-1 associate:>
26-2 <(1) a baccalaureate degree from an accredited
26-3 educational institution and the additional satisfactory completion
26-4 of a specified number of years of actual and active social work
26-5 experience approved by the department;>
26-6 <(2) an associate of arts degree from an accredited
26-7 educational institution and the additional satisfactory completion
26-8 of a specified number of years of actual and active social work
26-9 experience approved by the department; or>
26-10 <(3) a high school diploma or its substantial
26-11 equivalent as determined by the department and the satisfactory
26-12 completion of a specified number of years of actual and active
26-13 social work experience approved by the department>.
26-14 After August 31, 1997, a license as a Provisional Licensed
26-15 Social Worker shall cease to be valid for any purpose. The board
26-16 shall not thereafter grant an original license or renew the license
26-17 of an applicant as a Provisional Licensed Social Worker. A person
26-18 seeking licensure under this Act after August 31, 1997, shall meet
26-19 the qualifications for licensure set forth in either Section 50.015
26-20 or Section 50.016 of this Act.
26-21 SECTION 19. Section 50.018, Human Resources Code, is amended
26-22 to read as follows:
26-23 Sec. 50.018. Experience Evaluation. In determining the
26-24 credibility and acceptability of an applicant's professional or
26-25 technical experience or competence, the board <department> may
27-1 require documentary evidence of the quality, scope, and nature of
27-2 the experience and competence as necessary to ensure public safety,
27-3 health, and welfare.
27-4 SECTION 20. Section 50.019, Human Resources Code, is amended
27-5 to read as follows:
27-6 Sec. 50.019. TEMPORARY LICENSE <PROVISIONAL CERTIFICATE>.
27-7 Prior to examination, an applicant for licensure may obtain a
27-8 temporary license to engage in social work practice as long as the
27-9 applicant meets all the requirements, except examination, as
27-10 prescribed in this Act for the level of license sought. The
27-11 temporary license is valid until the results of the first
27-12 qualifying written examination are available
27-13 <(a) Until December 31, 1985, a person who, in the judgment
27-14 of the department, meets the requirements of this chapter may be
27-15 issued the appropriate certificate, as the department shall
27-16 determine, without examination, on application to the department in
27-17 the form and content that it may require and on payment of the fee
27-18 for the original issue of a certificate as established by the
27-19 department in accordance with this chapter.>
27-20 <(b) After September 1, 199x, December 31, 1985, a person
27-21 who has some of the work experience requirements for examination in
27-22 Section 50.015 or 50.016 of this chapter may, after completion of
27-23 the required work experience, be issued the appropriate certificate
27-24 without examination if:>
27-25 <(1) the person has at least one-half of the work
28-1 experience prescribed by Section 50.015 or 50.016 of this chapter
28-2 by December 31, 1985;>
28-3 <(2) the person notifies the department not later than
28-4 December 31, 1985, of the person's intention to apply for a
28-5 certificate without examination; and>
28-6 <(3) the department determines that the work
28-7 experience is satisfactory>.
28-8 SECTION 21. Section 50.020, Human Resources Code, is amended
28-9 to read as follows:
28-10 Sec. 50.020. Private Practice. (a) The board <department>
28-11 shall establish procedures for the recognition of persons qualified
28-12 for the private, independent practice of social work and publish or
28-13 cause to be published a roster of qualified persons. Minimum
28-14 qualifications for recognition shall include:
28-15 (1) licensure <certification> as a licensed
28-16 <certified> master social worker under this Act <chapter>; <or> and
28-17 (2) a number of years of acceptable social work
28-18 experience after completing the requirements for licensure as a
28-19 Licensed Social Worker or Licensed Master Social Worker, as
28-20 determined by the board <department.>.
28-21 (b) A licensed social worker <or social work associate> will
28-22 not be eligible for recognition as being qualified to practice
28-23 social work as a private, independent practitioner.
28-24 (c) Any person certified and in good standing as of August
28-25 31, 1993, under the Social Work Certification Act as a "Certified
29-1 Social Worker-Advanced Clinical Practitioner" shall be eligible for
29-2 recognition as being qualified for the private, independent
29-3 practice of social work under this Act without examination.
29-4 (d) Persons recognized as being qualified for the private,
29-5 independent practice of social work pursuant to the provisions of
29-6 this section shall, for the purposes of Article 21.52, Texas
29-7 Insurance Code, as amended, be authorized to use the title
29-8 "certified social worker-advanced clinical practitioner" or any
29-9 other title approved by the board and said other title shall mean
29-10 the same as and be equivalent to, for any and all purposes
29-11 whatsoever, the title of "certified social worker-advanced clinical
29-12 practitioner" as used in Article 21.52, Texas Insurance Code.
29-13 SECTION 22. Section 50.021, Human Resources Code, is amended
29-14 to read as follows:
29-15 Sec. 50.021. REFUSAL TO LICENSE; DISCIPLINARY ACTION
29-16 <REVOCATION AND SUSPENSION>. The board <department> may refuse to
29-17 issue or to renew a license <certificate> or order of recognition,
29-18 may place on probation a person whose license <certificate> or
29-19 order of recognition has been suspended, may reprimand a person
29-20 with a license <certificate> or order of recognition, or may revoke
29-21 or suspend a license <certificate> or order of recognition issued
29-22 under this Act <chapter> for any of the following reasons:
29-23 (1) violating a provision of this Act <chapter> or a
29-24 rule of the board <department>;
29-25 (2) circumventing or attempting to circumvent this Act
30-1 <chapter> or a rule of the board <department>;
30-2 (3) participating, directly or indirectly, in a plan,
30-3 scheme, or arrangement attempting or having as its purpose the
30-4 evasion of this Act <chapter> or a rule of the board <department>;
30-5 (4) engaging in unethical conduct;
30-6 (5) engaging in conduct which discredits or tends to
30-7 discredit the profession of social work;
30-8 (6) performing an act, allowing an omission, or making
30-9 an assertion or representation that is fraudulent, deceitful, or
30-10 misleading or that in any manner tends to create a misleading
30-11 impression;
30-12 (7) knowingly associating with or permitting or
30-13 allowing the use of any licensed <certified> person's professional
30-14 services or professional identification in a project or enterprise
30-15 that the person knows or with the exercise of reasonable diligence
30-16 should know is a practice that violates this Act <chapter> or a
30-17 rule of the board <department> pertaining to the practice of social
30-18 work;
30-19 (8) knowingly associating with or permitting the use
30-20 of a licensed <certified> person's name, professional services,
30-21 professional identification, or endorsement in connection with a
30-22 venture or enterprise that the person knows or with the exercise of
30-23 reasonable diligence should know is a trade, business, or
30-24 professional practice of a fraudulent, deceitful, misleading, or
30-25 dishonest nature;
31-1 (9) revealing, directly or indirectly, or causing to
31-2 be revealed a confidential communication transmitted to the
31-3 licensed <certified> person by a client or recipient of his
31-4 services except as may be required by law;
31-5 (10) having a certificate or a license to practice
31-6 social work in another jurisdiction denied, suspended, or revoked
31-7 for reasons or causes the board <department> finds would constitute
31-8 a violation of this Act <chapter> or a rule pertaining to the
31-9 practice of social work adopted by the board <department>;
31-10 (11) having been convicted of a felony in an American
31-11 jurisdiction; or
31-12 (12) refusing to do or perform any act or service for
31-13 which the person is licensed <certified> under this Act <chapter>
31-14 solely on the basis of the recipient's age, sex, race, religion,
31-15 national origin, color, handicap or political affiliation.
31-16 SECTION 23. Section 50.022, Human Resources Code, is amended
31-17 to read as follows:
31-18 Sec. 50.022. Disciplinary Proceedings. (a) A proceeding
31-19 under Section 50.021 of this Act <chapter> begins when a charge is
31-20 filed with the board <department> in writing and under oath. The
31-21 charge may be made by any person.
31-22 (b) The board <department> may rule that the order revoking
31-23 or suspending a license <certificate> or order of recognition be
31-24 probated so long as the probationer conforms to the orders and
31-25 rules that the board <department> sets out as the terms of
32-1 probation. The board <department>, at the time of probation, shall
32-2 set out the period of time that constitutes the probationary
32-3 period. The board <department> may at any time while the
32-4 probationer remains on probation hold a hearing and on majority
32-5 vote rescind the probation and enforce the board's <department's>
32-6 original action in revoking or suspending the license <certificate>
32-7 or order of recognition.
32-8 (c) The board <department> shall provide for notice and an
32-9 opportunity to appeal from disciplinary proceedings. Disciplinary
32-10 proceedings and the appeals from the proceedings are governed by
32-11 the Administrative Procedure and Texas Register Act, as amended
32-12 (Article 6257-13a, Vernon's Texas Civil Statutes).
32-13 <(d) The department shall keep an information file on each
32-14 complaint or charge filed. During the consideration of a charge
32-15 filed under this section and until the charge is finally resolved,
32-16 all parties shall be informed monthly in writing as to the status
32-17 of the complaint.>
32-18 SECTION 24. Section 50.023, Human Resources Code, is amended
32-19 to read as follows:
32-20 Sec. 50.023. EXPIRATION AND RENEWAL. (a) The board
32-21 <department> by rule shall adopt a system under which licenses
32-22 <certificates> or orders of recognition issued under this Act
32-23 <chapter> expire on various dates during the year, and the dates
32-24 for renewal shall be adjusted accordingly. On renewal of the
32-25 license <certificate> or order of recognition before or on the
33-1 expiration date, the total renewal fee is payable.
33-2 (b) Not later than 30 days before the expiration date, the
33-3 board <department> shall notify in writing each person licensed
33-4 <certified> of the date of the expiration of a license
33-5 <certificate> or order of recognition issued to him, the amount of
33-6 the fee for renewal, and the continuing education provisions that
33-7 are required for its renewal for one year. The board <department>
33-8 shall attempt to obtain from the person a signed receipt confirming
33-9 receipt of the notice.
33-10 (c) If a person's license <certificate> or order of
33-11 recognition has been expired for not longer than 90 days, the
33-12 person may renew the license <certificate> or order of recognition
33-13 by paying the board <department> the required renewal fee and an
33-14 additional fee that is one-half of the <examination> fee for the
33-15 license <certificate>.
33-16 (d) If a person's license <certificate> or order of
33-17 recognition has been expired for longer than 90 days but less than
33-18 2 years, the person may renew the license <certificate> or order of
33-19 recognition by paying to the board <department> all unpaid renewal
33-20 fees and an additional fee that is equal to the <examination> fee
33-21 for the license <certificate>.
33-22 (e) If a person's license <certificate> or order of
33-23 recognition has been expired for two years or longer, the person
33-24 may not renew the license <certificate> or order of recognition.
33-25 The person may obtain a new license <certificate> or order of
34-1 recognition by submitting to reexamination, if an examination was
34-2 originally required, and complying with the requirements and
34-3 procedures for obtaining an original license <certificate> or order
34-4 of recognition.
34-5 SECTION 25. Section 50.024, Human Resources Code, is amended
34-6 to read as follows:
34-7 Sec. 50.024. SPECIALTY RECOGNITION <DEPARTMENT REGULATION>.
34-8 (a) The board <department> may establish, within the scope of
34-9 social work and this Act <chapter>, specifically designed areas of
34-10 specialty work service or practice for those persons licensed
34-11 <certified> and in good standing as licensed master <certified>
34-12 social workers <or social workers>. The basis for board
34-13 <department> action in establishing a social work specialty shall
34-14 be founded in the public interest and necessity and for the purpose
34-15 of practicing, aiding, and assisting the public in identifying
34-16 those persons in the professions qualified to practice or perform
34-17 specialty services.
34-18 (b) In establishing a specialty service or practice, the
34-19 board <department> shall define the scope of the specialty,
34-20 establish standards of special qualifications for the specialty
34-21 workers or practitioners that will accurately and truly describe
34-22 the parameters of the specialty and the use of which will be
34-23 prohibited to those who have not satisfied the board's
34-24 <department's> requirements for qualification in the specialty,
34-25 adopt rules of conduct for specialty practitioners that will ensure
35-1 strict compliance with and enforcement of this Act <chapter> and
35-2 adopt rules for suspending or revoking the order of recognition in
35-3 the specialty.
35-4 (c) A specialty may not be authorized for the private
35-5 practice of social work except for those persons licensed
35-6 <certified> as licensed master <certified> social workers under
35-7 this Act <chapter> meeting the minimum number of years of actual
35-8 and active social work practice with appropriate supervision and
35-9 examination as determined by the board <department>. However, the
35-10 board <department> may not establish any specialty or specialty
35-11 identification in conflict with any licensing law of this state.
35-12 (d) The board shall establish a social work specialty for
35-13 those person qualified for the practice of clinical social work.
35-14 Use of the title "Advanced Clinical Practitioner" or the initials
35-15 "ACP" shall be restricted to those persons who have qualified for
35-16 the practice of clinical social work under this Act. A specialty
35-17 may not be authorized for the practice of clinical social work
35-18 except for those persons licensed as licensed master social workers
35-19 under this Act meeting the minimum number of years of actual and
35-20 active social work practice with appropriate supervision and
35-21 clinical examination as determined by the board.
35-22 (e) Any person certified and in good standing as of August
35-23 31, 1993 under the Social Work Certification Act as a "Certified
35-24 Social Worker - Advanced Clinical Practitioner" shall be eligible
35-25 for recognition as being qualified for the practice of clinical
36-1 social work and the use of the authorized specialty designation
36-2 evidencing same under this Act without examination, and upon
36-3 application pursuant to the provisions of this Act shall be so
36-4 recognized.
36-5 (f) Persons recognized as being qualified for the practice
36-6 of clinical social work pursuant to the provisions of this section
36-7 shall, for the purposes of Article 21.52, Texas Insurance Code, as
36-8 amended, be authorized to use the title "certified social
36-9 worker - advanced clinical practitioner" or any other title
36-10 approved by the board and said other title shall mean the same as
36-11 and be equivalent to, for any and all purposes whatsoever, the
36-12 title "certified social worker - advanced clinical practitioner" as
36-13 used in Article 21.52, Texas Insurance Code."
36-14 SECTION 26. Section 50.025, Human Resources Code, is amended
36-15 to read as follows:
36-16 Sec. 50.025. LIMITATIONS. After the effective date of any
36-17 order of the board <department> establishing areas of specialty
36-18 service or practice, a licensed master <certified> social worker
36-19 <or social worker> may not make use of a specialty professional
36-20 identification or title designated by the board <department> until
36-21 the person has qualified and been recognized by the board
36-22 <department> as worthy of the public trust in performing services
36-23 within the scope of the specialty.
36-24 SECTION 27. Section 50.026, Human Resource Code, is amended
36-25 to read as follows:
37-1 Sec. 50.026. RECOGNITION ORDER. After a licensed master
37-2 <certified> social worker has met all requirements of the board
37-3 <department> for recognition in a specialty established by the
37-4 board <department>, the board <department> shall recognize the
37-5 person as so qualified. The recognition shall be evidenced by an
37-6 order of recognition of specialty of a name, design, and content as
37-7 the board <department> shall determine, setting forth the full name
37-8 of the person, official specialty serial number, the signature of
37-9 the <commissioner and the> chairman of the board <council>, and the
37-10 board's <department's> official seal. Issue of the order of
37-11 recognition of specialty shall be evidence that the person to whom
37-12 it is issued has been recognized by this state as a specialty
37-13 social work practitioner under the name or title designated by the
37-14 board <department>.
37-15 SECTION 28. Section 50.027, Human Resources Code, is amended
37-16 to read as follows:
37-17 Sec. 50.027. Expiration. The board <department> by rule
37-18 shall adopt a system under which orders of recognition of specialty
37-19 practice expire on various dates during the year, and the dates for
37-20 renewal shall be adjusted accordingly. On renewal of the specialty
37-21 order of recognition on the expiration date, the total specialty
37-22 order of recognition renewal fee is payable.
37-23 SECTION 29. Section 50.028, Human Resources Code, is amended
37-24 to read as follows:
37-25 Sec. 50.028. Violations. A person who violates this Act
38-1 <chapter> or a rule of the board <department> pertaining to the
38-2 practice of social work is subject to a civil penalty of not less
38-3 than $50.00 nor more than $500.00 for each day of violation.
38-4 SECTION 30. Section 50.029, Human Resources Code, is amended
38-5 to read as follows:
38-6 Sec. 50.029. Enforcement. (a) When it appears that a
38-7 person has violated or is violating or is threatening to violate
38-8 this Act <chapter> or a rule or order of the board <department>
38-9 pertaining to social work, the board <department> may cause a civil
38-10 suit to be instituted in a district court for injunctive relief to
38-11 restrain the continued violation or threat of violation or for the
38-12 assessment and recovery of the civil penalty, as the court may
38-13 consider proper, or for both injunctive relief and civil penalty.
38-14 On application for injunctive relief and a finding that a person is
38-15 violating or threatening to violate this Act <chapter> or a rule,
38-16 variance, or order of the board <department>, the district court
38-17 may grant the injunctive relief that the facts warrant.
38-18 (b) At the request of the board <department>, the attorney
38-19 general shall institute and conduct a suit in the name of this
38-20 state for injunctive relief or to recover the civil penalty or both
38-21 injunctive relief and penalty, as authorized in Subsection (a) of
38-22 this section.
38-23 (c) A suit brought under this section is in addition to any
38-24 other action, proceeding or remedy authorized by law.
38-25 SECTION 31. Section 50.030, Human Resources Code, is amended
39-1 to read as follows:
39-2 Sec. 50.030. FUNDS <APPROPRIATION>. <For the biennium
39-3 ending August 31, 1983, the funds received in the social workers
39-4 fund are appropriated to the department to be expended by it in the
39-5 administration of this chapter.> To the extent applicable, the
39-6 general rules of the General Appropriations Act apply to the
39-7 expenditure of funds under this appropriation.
39-8 SECTION 32. Section 50.031, Human Resources Code, is amended
39-9 to read as follows:
39-10 Sec. 50.031. Grants. The board <department> is hereby
39-11 empowered and authorized to take all action necessary to qualify
39-12 for, accept, and receive funds or grants made available by the
39-13 United States or an agency of the United States, by this state or
39-14 any agency of this state, or by a private foundation or other
39-15 source for the establishment and maintenance of programs of
39-16 continuing education.
39-17 SECTION 33. Section 50.032, Human Resources Code, is amended
39-18 to read as follows:
39-19 Sec. 50.032. Reciprocity. (a) The board <department> may,
39-20 on application and payment of the appropriate fee, certify as a
39-21 licensed <certified> social worker<,> or licensed master social
39-22 worker<, or social worker associate> a person who is appropriately
39-23 certified or licensed by another state, territory, or possession of
39-24 the United States if the requirements of that state, territory, or
39-25 possession for the certificate or license are the substantial
40-1 equivalent of the requirements of this Act <chapter> as determined
40-2 by the board <department>.
40-3 (b) The board <department> may waive any licensure
40-4 <certification> requirement for an applicant with a valid
40-5 certificate or license from another state with which the State of
40-6 Texas has a reciprocity agreement.
40-7 SECTION 34. Section 50.033, Human Resources Code, is amended
40-8 to read as follows:
40-9 Sec. 50.033. Employment of Social Worker. Nothing in this
40-10 Act <chapter> shall be construed as requiring the employment of a
40-11 licensed master <certified> social worker, a licensed social worker
40-12 or a provisional licensed social worker <social work associate> by
40-13 any public agency or private employer. As used in this section,
40-14 private employer includes but is not limited to a nonprofit
40-15 corporation.
40-16 SECTION 35. Section 50.034, Human Resources Code, is amended
40-17 to read as follows:
40-18 Sec. 50.034. Continuing Education. The board shall
40-19 <department may> recognize, approve, prepare, or administer
40-20 continuing education programs for licensed <certified> social
40-21 workers, and shall require each license holder to participate in an
40-22 approved continuing education program in order to renew a license
40-23 issued under this Act <,social workers, and social work associates
40-24 certified under this chapter. Participation in the programs is
40-25 voluntary>.
41-1 SECTION 36. This Act takes effect September 1, 1993.
41-2 SECTION 37. The importance of this legislation and the
41-3 crowded condition of the calendars in both houses create an
41-4 emergency and an imperative public necessity that the
41-5 constitutional rule requiring bills to be read on three several
41-6 days in each house be suspended, and this rule is hereby suspended.