By:  Parker                                           S.B. No. 1426
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of social workers and to the creation of
    1-2  a new state board to replace the Council for Social Work
    1-3  Certification.
    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 societal
   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
   1-24  services, and participating in formulating relevant public
    2-1  policies.  The practice of social work requires knowledge of human
    2-2  development and behavior, of social, economic, and cultural
    2-3  institutions, and of the interaction of all these factors.>
    2-4              <(4)>  "Social worker" means a person who has been
    2-5  licensed <duly certified as a social worker> by the board
    2-6  <department> in accordance with this chapter.
    2-7              (4)  "Licensed master social worker" means a person who
    2-8  is licensed as a licensed master social worker by the board in
    2-9  accordance with this chapter.
   2-10              (5)  "Advanced clinical practitioner" means a person
   2-11  who is licensed as a licensed master social worker and recognized
   2-12  as being qualified for the practice of clinical social work by the
   2-13  board in accordance with this chapter.
   2-14              (6)  "Professional social work practice" means service
   2-15  and action performed for compensation to effect changes in human
   2-16  behavior, a person's emotional responses, interpersonal
   2-17  relationships, and the social conditions of individuals, families,
   2-18  groups, organizations, and communities.  For the purpose of this
   2-19  definition, the practice of professional social work is guided by
   2-20  special knowledge, acquired through formal professional social work
   2-21  education, of social welfare policies and services, social welfare
   2-22  systems and resources, human development and behavior within the
   2-23  context of the social environment, and methods to enhance the
   2-24  functioning of individuals, families, groups, communities, and
   2-25  social welfare organizations.  Professional social work practice
   2-26  involves the disciplined application of social work values,
   2-27  principles, and methods, including psychotherapy, marriage and
    3-1  family therapy, couples therapy, group therapy, counseling,
    3-2  assessment, and evaluation.
    3-3              (7)  "License" means a license required of a person to
    3-4  use any title or represent that the person is authorized to
    3-5  practice professional social work under this chapter.
    3-6              (8)  "Council on Social Work Education" means the
    3-7  national organization primarily responsible for accrediting schools
    3-8  of social work in the United States.
    3-9              (9)  "Department" means the Texas Department of Health.
   3-10              (10) <(5)>  "Social work associate" means a person who
   3-11  is licensed <has been duly certified> as a social work associate by
   3-12  the board <department> in accordance with this chapter.
   3-13              <(6)  "Council" means the Council for Social Work
   3-14  Certification.>
   3-15              <(7)  "Department" means the Texas Department of Human
   3-16  Services.>
   3-17        (c) <(b)>  The board <department> may define by rule any word
   3-18  or term not defined in this section as necessary to administer or
   3-19  enforce this chapter.  The definition may not be inconsistent or in
   3-20  conflict with the purposes or objectives of this chapter.
   3-21        SECTION 2.  Section 50.002, Human Resources Code, is amended
   3-22  to read as follows:
   3-23        Sec. 50.002.  EXEMPTIONS.  This chapter does not apply to:
   3-24              (1)  activities or services of other licensed,
   3-25  certified, or registered professions, including physicians and
   3-26  surgeons, attorneys, registered and licensed vocational nurses,
   3-27  psychologists, occupational therapists, licensed marriage and
    4-1  family therapists, licensed chemical dependency counselors, and
    4-2  licensed professional counselors, if the persons act strictly
    4-3  within the scope of their respective licenses and do not use the
    4-4  titles in Section 50.010;
    4-5              (2)  the delivery of human services by a volunteer or a
    4-6  staff member, if the person does not represent the person's
    4-7  services as social work services or represent the person as a
    4-8  social worker or use a title that would imply licensure or
    4-9  certification in professional social work services;
   4-10              (3)  the activity of a student, intern, or trainee in
   4-11  social work in connection with an institution of higher learning
   4-12  accredited by the Council on Social Work Education;
   4-13              (4)  an activity constituting a part of the course of
   4-14  study for the baccalaureate or master's degree in social work, if
   4-15  the person does not use a title that would imply licensure or
   4-16  certification in professional social work services;
   4-17              (5)  a service rendered by a nonresident of this state
   4-18  for less than 30 days during the calendar year, if the person is
   4-19  authorized to provide the service under the laws of the state or
   4-20  country of the person's residence;
   4-21              (6)  the activity or service of pastoral care
   4-22  counselors, including Christian Science practitioners recognized by
   4-23  the Church of Christ Scientist as registered and published in the
   4-24  Christian Science Journal and other recognized religious
   4-25  practitioners, if the person does not use a title that would imply
   4-26  licensure or certification in professional social work services; or
   4-27              (7)  all <All> persons who <are exempt from this
    5-1  chapter if they> do not represent or hold themselves out to the
    5-2  public, directly or indirectly, as licensed <certified> under this
    5-3  chapter and do not use any name, title, or designation indicating
    5-4  that they are licensed <certified> under this chapter.
    5-5        SECTION 3.  Section 50.004, Human Resources Code, is amended
    5-6  to read as follows:
    5-7        Sec. 50.004.  Texas State Board of Social Worker Examiners
    5-8  <Council for Social Work Certification>.  (a)  The Texas State
    5-9  Board of Social Worker Examiners <Council for Social Work
   5-10  Certification> is created <to advise the department on problems
   5-11  relating to the practice of social work.  The council shall review
   5-12  rules and minimum standards for social work certification and make
   5-13  recommendations to the department concerning rules, standards, and
   5-14  administration under this chapter>.
   5-15        (b)  The board <council> is composed of nine members
   5-16  appointed by the governor with the advice and consent of the senate
   5-17  <board upon the recommendation of the commissioner>.  The board
   5-18  <council> is composed as follows:  three members shall be at all
   5-19  times licensed master <certified> social workers licensed
   5-20  <certified> under this chapter, three members shall be at all times
   5-21  social workers or social work associates licensed <certified> under
   5-22  this chapter, and the remaining three members shall be
   5-23  representatives of the public who are not licensed <certified>
   5-24  under this chapter and who do not have, other than as consumers,
   5-25  any interest in the practice of social work.  <Until December 31,
   5-26  1987, one member who is a certified social worker must have been
   5-27  certified under the work experience qualifications prescribed by
    6-1  Subdivision (3) or (4) of Subsection (a) of Section 50.015 of this
    6-2  chapter, and one member who is a social worker must have been
    6-3  certified under the work experience qualifications prescribed by
    6-4  Subdivisions (2), (3), or (4) of Subsection (a) of Section 50.016
    6-5  of this chapter.>
    6-6        (c)  Members of the board <Except for the initial
    6-7  appointments, members> hold office for staggered terms of six
    6-8  <three> years with three members' terms expiring February 1
    6-9  <January 31> of each odd-numbered year.  A member appointed to fill
   6-10  a vacancy shall hold office for the remainder of that term.  <In
   6-11  making the initial appointments, the board shall appoint members
   6-12  within 90 days after this chapter takes effect to serve the
   6-13  following terms:  three members for terms that expire January 31,
   6-14  1985, three members for terms that expire January 31, 1984, and
   6-15  three members for terms that expire January 31, 1983.>
   6-16        (d)  The board shall make appointments to the council after
   6-17  considering how representative the council is with regard to race,
   6-18  sex, age, and geographical representation.
   6-19        (e)  <It is a ground for removal from the council that a
   6-20  member:>
   6-21              <(1)  does not have at the time of appointment the
   6-22  qualifications required by Subsection (b) of this section for
   6-23  appointment to the council;>
   6-24              <(2)  does not maintain during the service on the
   6-25  council the qualifications required by Subsection (b) of this
   6-26  section for appointment to the council; or>
   6-27              <(3)  violates a prohibition established by Subsection
    7-1  (g) or (h) of this section.  The validity of an action of the
    7-2  council is not affected by the fact that it was taken when a ground
    7-3  for removal of a member of the council existed.>
    7-4        <(f)  A person who is required to register as a lobbyist
    7-5  under Chapter 305, Government Code, by virtue of his activities for
    7-6  compensation in or on behalf of a profession related to the
    7-7  operation of the council may not serve as a council member or act
    7-8  as the general counsel to the council.>
    7-9        <(g)  A member or employee of the council may not be an
   7-10  officer, employee, or paid consultant of a trade association in the
   7-11  field of social work.>
   7-12        <(h)  A member or employee of the council may not be related
   7-13  within the second degree by affinity or consanguinity, as
   7-14  determined under Article 5996h, Revised Statutes, to a person who
   7-15  is an officer, employee, or paid consultant of a trade association
   7-16  in the field of social work.>
   7-17        <(i)  Members of the council must be citizens of the United
   7-18  States and residents of this state.  Social workers appointed to
   7-19  the board must be certified as required by this section, except
   7-20  that the initial appointees must be persons who are eligible for
   7-21  the appropriate certificate and must have actively, actually, and
   7-22  continuously engaged in rendering social work services or in social
   7-23  work teaching or administration for a period of at least five years
   7-24  immediately preceding appointment.>
   7-25        <(j)>  Each member of the board <council> is entitled to a
   7-26  per diem as set by legislative appropriation for state employees
   7-27  and travel expenses to and from the business of the board
    8-1  <council>.  No member shall receive actual or necessary expenses
    8-2  except for travel to and from meetings.
    8-3        (f) <(k)>  The board <council> shall meet at least once a
    8-4  year.  The governor shall designate one member of the board as
    8-5  presiding officer to serve in that capacity at the pleasure of the
    8-6  governor.  At the first regular meeting each year the board
    8-7  <council> shall elect other officers <a chairman and a
    8-8  vice-chairman>.  Other regular meetings may be held as the rules of
    8-9  the board <council> may provide.  Special meetings may be held at
   8-10  times considered advisable by the board <council>.
   8-11        (g) <(l)>  The board <council> is subject to the open
   8-12  meetings law, Chapter 271, Acts of the 60th Legislature, Regular
   8-13  Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
   8-14  Statutes), and the Administrative Procedure and Texas Register Act,
   8-15  as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
   8-16        (h) <(m)  The department shall provide staff necessary to
   8-17  assist the council in performing its duties.  The staff person
   8-18  directly responsible for the administration of this chapter shall
   8-19  at all times have the confidence of the majority of the council.>
   8-20        <(n)>  The Texas State Board of Social Worker Examiners
   8-21  <Council for Social Work Certification> is subject to Chapter 325,
   8-22  Government Code (Texas Sunset Act).  Unless continued in existence
   8-23  as provided by that chapter, the board <council> is abolished and
   8-24  this section expires September 1, 2005 <1993>.  <If the council is
   8-25  continued in existence beyond that date, subsequent sunset
   8-26  provisions should be made to conform with those of the Texas
   8-27  Department of Human Services.>
    9-1        SECTION 4.  Chapter 50, Human Resources Code, is amended by
    9-2  adding Sections 50.0041-50.0045 to read as follows:
    9-3        Sec. 50.0041.  PUBLIC MEMBERSHIP RESTRICTION.  A person is
    9-4  not eligible for appointment as a public member of the board if the
    9-5  person or the person's spouse:
    9-6              (1)  is registered, certified, or licensed by an
    9-7  occupational regulatory agency in the field of health care;
    9-8              (2)  is employed by or participates in the management
    9-9  of a business entity or other organization regulated by the board
   9-10  or the department or receiving funds from the board or the
   9-11  department;
   9-12              (3)  owns or controls, directly or indirectly, more
   9-13  than a 10 percent interest in a business entity or other
   9-14  organization regulated by the board or the department or receiving
   9-15  funds from the board or the department; or
   9-16              (4)  uses or receives a substantial amount of tangible
   9-17  goods, services, or funds from the board or the department, other
   9-18  than compensation or reimbursement authorized by law for board
   9-19  membership, attendance, or expenses.
   9-20        Sec. 50.0042.  CONFLICT OF INTEREST RESTRICTIONS.  (a)  An
   9-21  officer, employee, or paid consultant of a Texas trade association
   9-22  in the field of health care may not be a member of the board or
   9-23  employee of the department who is exempt from the state's position
   9-24  classification plan or is compensated at or above the amount
   9-25  prescribed by the General Appropriations Act for step 1, salary
   9-26  group 17, of the position classification salary schedule.
   9-27        (b)  A person who is the spouse of an officer, manager, or
   10-1  paid consultant of a Texas trade association in the field of health
   10-2  care may not be a board member and may not be an employee of the
   10-3  department who is exempt from the state's position classification
   10-4  plan or is compensated at or above the amount prescribed by the
   10-5  General Appropriations Act for step 1, salary group 17, of the
   10-6  position classification salary schedule.
   10-7        (c)  For the purposes of this section, a Texas trade
   10-8  association is a nonprofit, cooperative, and voluntarily joined
   10-9  association of business or professional competitors in this state
  10-10  designed to assist its members and its industry or profession in
  10-11  dealing with mutual business or professional problems and in
  10-12  promoting their common interest.
  10-13        Sec. 50.0043.  EFFECT OF LOBBYING ACTIVITY.  A person may not
  10-14  serve as a member of the board if the person is required to
  10-15  register as a lobbyist under Chapter 305, Government Code, and its
  10-16  subsequent amendments, because of the person's activities for
  10-17  compensation on behalf of a profession related to the operation of
  10-18  the board.
  10-19        Sec. 50.0044.  GROUNDS FOR REMOVAL FROM BOARD.  (a)  It is a
  10-20  ground for removal from the board if a member:
  10-21              (1)  does not have at the time of appointment the
  10-22  qualifications required by Section 50.004;
  10-23              (2)  does not maintain during service on the board the
  10-24  qualifications required by Section 50.004;
  10-25              (3)  violates a prohibition established by Section
  10-26  50.0042 or 50.0043;
  10-27              (4)  cannot discharge the member's duties for a
   11-1  substantial part of the term for which the member is appointed
   11-2  because of illness or disability; or
   11-3              (5)  is absent from more than half of the regularly
   11-4  scheduled board meetings that the member is eligible to attend
   11-5  during a calendar year unless the absence is excused by majority
   11-6  vote of the board.
   11-7        (b)  The validity of an action of the board is not affected
   11-8  by the fact that it is taken when a ground for removal of a board
   11-9  member exists.
  11-10        (c)  If the program director has knowledge that a potential
  11-11  ground for removal exists, the program director shall notify the
  11-12  governor and the attorney general that a potential ground for
  11-13  removal exists.
  11-14        Sec. 50.0045.  STAFF.  (a)  The department shall provide
  11-15  staff necessary to assist the board in performing its duties.  The
  11-16  department shall employ a program director to coordinate the
  11-17  department's administrative and clerical employees as necessary to
  11-18  carry out the board's functions.
  11-19        (b)  The board shall develop and implement policies that
  11-20  clearly define the respective responsibilities of the board and the
  11-21  staff of the department.
  11-22        SECTION 5.  Subsection (a), Section 50.005, Human Resources
  11-23  Code, is amended to read as follows:
  11-24        (a)  All money paid to the department <derived from fees,
  11-25  assessments, or charges> under this chapter shall be deposited
  11-26  <paid by the department> into the State Treasury <for safekeeping
  11-27  and shall be placed by the State Treasurer> in a separate fund to
   12-1  be known as the social workers fund.  The money shall be available
   12-2  to the department exclusively for the administration,
   12-3  implementation, and enforcement of this chapter.  Surpluses are
   12-4  reserved for the use of the department in the administration and
   12-5  enforcement of this chapter.
   12-6        SECTION 6.  Section 50.006, Human Resources Code, is amended
   12-7  to read as follows:
   12-8        Sec. 50.006.  Regulation and Enforcement.  (a)  The board
   12-9  <department> may <adopt and> enforce <the> rules adopted by the
  12-10  board necessary for the performance of its duties, establish
  12-11  standards of conduct and ethics for all persons licensed
  12-12  <certified> under this chapter, and ensure strict compliance with
  12-13  and enforcement of this chapter.  In adopting rules, the board
  12-14  shall consider the rules and procedures of the Texas Board of
  12-15  Health and the department and shall adopt procedural rules not
  12-16  inconsistent with similar existing rules and procedures of the
  12-17  Texas Board of Health or the department.
  12-18        (b)  The violation by a licensed master <certified> social
  12-19  worker, licensed social worker, or social work associate of this
  12-20  chapter or of any rule of the board <department> pertaining to the
  12-21  practice of social work is sufficient reason to reprimand a license
  12-22  holder or to suspend or revoke a license <certificate> issued under
  12-23  this chapter.
  12-24        (c)  In addition to any other action, proceeding, or remedy
  12-25  authorized by law, the board or department may institute an action
  12-26  to enjoin a violation of this chapter or a rule of the board
  12-27  <department>.  The suit may be brought in Travis County, in the
   13-1  county of the defendant's residence, or in the county where any
   13-2  part of the alleged violation occurred.  In order for the board or
   13-3  department to sustain the action, it is not necessary to allege or
   13-4  prove the lack of an adequate remedy at law or that substantial or
   13-5  irreparable damage would result from the continued violation.
   13-6  Either party to the action may appeal to the appellate court having
   13-7  jurisdiction of the cause.  The board or department shall not be
   13-8  required to give any appeal bond in any cause arising under this
   13-9  chapter.  The attorney general shall represent the board or
  13-10  department in all actions and proceedings to enforce this chapter.
  13-11        (d)  The board <department> shall prepare information of
  13-12  consumer interest describing the regulatory functions of the board
  13-13  <department> and describing the board's <department's> procedures
  13-14  by which consumer complaints are filed with and resolved by the
  13-15  board <department>.  The board <department> shall make the
  13-16  information available to the general public and appropriate state
  13-17  agencies.
  13-18        (e)  The board by rule shall establish methods by which
  13-19  consumers and service recipients are notified of the name, mailing
  13-20  address, and telephone number of the board for the purpose of
  13-21  directing complaints to the board.  The board may provide for that
  13-22  notification:
  13-23              (1)  on each registration form, application, or written
  13-24  contract for services of an individual or entity regulated by the
  13-25  board;
  13-26              (2)  on a sign prominently displayed in the place of
  13-27  business of each individual or entity regulated by the board; or
   14-1              (3)  in a bill for service provided by an individual or
   14-2  entity regulated by the board.
   14-3        (f)  The board shall list along with its regular telephone
   14-4  number the toll-free telephone number that may be called to present
   14-5  a complaint about a health professional if the toll-free number is
   14-6  established under other state law  <There shall be prominently
   14-7  displayed at all times in the place of business of each person
   14-8  certified under this chapter a sign containing the name, mailing
   14-9  address, and telephone number of the department and a statement
  14-10  informing consumers that complaints against persons certified under
  14-11  this chapter may be directed to the department>.
  14-12        SECTION 7.  Section 50.0061, Human Resources Code, is amended
  14-13  to read as follows:
  14-14        Sec. 50.0061.  Advertising.  (a)  The board <department> may
  14-15  not adopt rules restricting competitive bidding or advertising by a
  14-16  person regulated by the board <department> except to prohibit
  14-17  false, misleading, or deceptive practices by the person.
  14-18        (b)  The board <department> may not include in its rules to
  14-19  prohibit false, misleading, or deceptive practices by a person
  14-20  regulated by the board <department> a rule that:
  14-21              (1)  restricts the person's use of any medium for
  14-22  advertising;
  14-23              (2)  restricts the person's personal appearance or use
  14-24  of the person's <his> voice in an advertisement;
  14-25              (3)  relates to the size or duration of an
  14-26  advertisement by the person; or
  14-27              (4)  restricts the person's advertisement under a trade
   15-1  name.
   15-2        SECTION 8.  Chapter 50, Human Resources Code, is amended by
   15-3  adding Sections 50.0062-50.0065 to read as follows:
   15-4        Sec. 50.0062.  PUBLIC PARTICIPATION IN BOARD HEARINGS.  The
   15-5  board shall develop and implement policies that provide the public
   15-6  with a reasonable opportunity to appear before the board and to
   15-7  speak on any issue under the jurisdiction of the board.
   15-8        Sec. 50.0063.  PROGRAM ACCESSIBILITY.  The board shall
   15-9  prepare and maintain a written plan that describes how a person who
  15-10  does not speak English can be provided reasonable access to the
  15-11  board's programs.  The board shall also comply with federal and
  15-12  state laws for program and facility accessibility.
  15-13        Sec. 50.0064.   STANDARDS OF CONDUCT INFORMATION.  The board
  15-14  shall provide to its members and employees, as often as necessary,
  15-15  information regarding their qualifications for office or employment
  15-16  under this article and their responsibilities under applicable laws
  15-17  relating to standards of conduct for state officers or employees.
  15-18        Sec. 50.0065.  TRAINING.  (a)  The board shall establish a
  15-19  training program for the members of the board.
  15-20        (b)  Before a member of the board may assume the member's
  15-21  duties, the member must complete at least one course of the
  15-22  training program established under this section, and before the
  15-23  member may be confirmed by the senate, the member must pass an
  15-24  examination given in conjunction with the attorney general on
  15-25  subjects described by Subsections (c)(7), (8), and (9).
  15-26        (c)  A training program established under this section shall
  15-27  provide information to a participant regarding:
   16-1              (1)  the enabling legislation that created the board;
   16-2              (2)  the programs operated by the board;
   16-3              (3)  the role and functions of the board;
   16-4              (4)  the rules of the board, with an emphasis on the
   16-5  rules that relate to disciplinary and investigatory authority;
   16-6              (5)  the current budget for the board;
   16-7              (6)  the results of the most recent formal audit of the
   16-8  board;
   16-9              (7)  the requirements of the:
  16-10                    (A)  open meetings law, Chapter 271, Acts of the
  16-11  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
  16-12  Texas Civil Statutes);
  16-13                    (B)  open records law, Chapter 424, Acts of the
  16-14  63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
  16-15  Texas Civil Statutes); and
  16-16                    (C)  Administrative Procedure and Texas Register
  16-17  Act (Article 6252-13a, Vernon's Texas Civil Statutes);
  16-18              (8)  the requirements of the conflict of interest laws
  16-19  and other laws relating to public officials; and
  16-20              (9)  any applicable ethics policies adopted by the
  16-21  board or the Texas Ethics Commission.
  16-22        (d)  In developing the training requirements provided for by
  16-23  this section, the board shall consult with the governor's office,
  16-24  the attorney general's office, and the Texas Ethics Commission.
  16-25        (e)  In the event that another state agency or entity is
  16-26  given the authority to establish the training requirements, the
  16-27  board shall allow that training in lieu of developing its own
   17-1  program.
   17-2        SECTION 9.  Subsection (a), Section 50.008, Human Resources
   17-3  Code, is amended to read as follows:
   17-4        (a)  A roster showing the names and addresses, as reflected
   17-5  by the board's <department's> records, of all licensed master
   17-6  <certified> social workers, licensed social workers, and social
   17-7  work associates certified by the board <department> shall be
   17-8  prepared and published by the board <department> at its discretion.
   17-9  Copies of the roster shall be mailed to each person certified by
  17-10  the department and placed on file with the secretary of state.
  17-11        SECTION 10.  Section 50.009, Human Resources Code, is amended
  17-12  to read as follows:
  17-13        Sec. 50.009.  Fees.  (a)  The board by rule <department>
  17-14  shall establish reasonable and necessary<, charge, and collect>
  17-15  fees so that the fees, in the aggregate, produce sufficient
  17-16  revenues to cover the cost of administering this chapter<, as
  17-17  follows:>
  17-18              <(1)  a fee for the filing of an application to take an
  17-19  examination for a certificate under this chapter;>
  17-20              <(2)  a fee for the taking of an examination;>
  17-21              <(3)  a fee for the original issuance of certificate
  17-22  under this chapter;>
  17-23              <(4)  a fee for the original issuance of an order of
  17-24  recognition to practice a specialty in the practice of social work;>
  17-25              <(5)  a fee for an annual renewal of an order of
  17-26  recognition to practice a specialty in the practice of social work;>
  17-27              <(6)  a fee for an annual renewal of a certificate
   18-1  issued in accordance with this chapter;>
   18-2              <(7)  a fee for replacement of a certificate, specialty
   18-3  order of recognition, or renewal lost or destroyed; and>
   18-4              <(8)  a fee for a copy of the official roster of
   18-5  certified persons published by the department for the one copy
   18-6  mailed to each person certified>.
   18-7        (b)  The fees set by the board may be adjusted so that the
   18-8  total fees collected are sufficient to meet the expenses of
   18-9  administering this chapter.  The board may not set a fee for an
  18-10  amount less than the amount of that fee on September 1, 1993  <If a
  18-11  certified social work associate is qualified on September 2, 1983,
  18-12  to be examined for a certificate as a social worker because of a
  18-13  legislative change in qualifications under Section 50.016 of this
  18-14  chapter, the department may not charge or collect a fee for issuing
  18-15  the social worker certificate to that person>.
  18-16        SECTION 11.  Section 50.010, Human Resources Code, is amended
  18-17  to read as follows:
  18-18        Sec. 50.010.  LICENSE RESTRICTIONS AND LIMITATIONS
  18-19  <LIMITATION OF PRACTICE>.  (a)  Unless licensed <certified> under
  18-20  this chapter or unless specifically exempted from its provisions, a
  18-21  person may not:
  18-22              (1)  employ, use, cause to be used, or make use of any
  18-23  of the following terms or any combinations, variations, or
  18-24  abbreviations of the terms as a professional, business, or
  18-25  commercial identification, title, name, representation, claim,
  18-26  asset, or means of advantage or benefit:  "<certified> social
  18-27  worker," "licensed master <certified> social worker," "licensed
   19-1  social worker," or <"registered certified social worker," "social
   19-2  worker," "licensed social worker," "registered social worker,">
   19-3  "social work associate<,>" <or "registered social work associate">;
   19-4  or
   19-5              (2)  use a title that implies licensure or
   19-6  certification in professional social work services <employ, use,
   19-7  cause to be used, or make use of any letter, abbreviation, word,
   19-8  symbol, slogan, sign, or any combination or variation of them that
   19-9  tends or is likely to create any impression with a member of the
  19-10  public that a person is qualified or authorized to practice social
  19-11  work or is a certified social worker, social worker, or social work
  19-12  associate, unless appropriately certified under and practicing in
  19-13  accordance with this chapter>.
  19-14        (b)  A person, firm, partnership, association, corporation,
  19-15  business, or professional entity that does or offers or attempts to
  19-16  do  an act prescribed by Subsection (a) of this section is engaged
  19-17  in the practice of professional social work.
  19-18        SECTION 12.  Section 50.011, Human Resources Code, is amended
  19-19  to read as follows:
  19-20        Sec. 50.011.  Professional Identification.  A person licensed
  19-21  <certified> by the board <department> in accordance with this
  19-22  chapter shall, in the professional use of the person's <his> name
  19-23  or any sign, directory, listing, contract, document, pamphlet,
  19-24  stationery, letterhead, advertisement, signature, or other means of
  19-25  professional identification, written or printed, use the following
  19-26  legally required identifications:
  19-27              (1)  if licensed <certified> as a licensed master
   20-1  <certified> social worker, the words "licensed master <certified>
   20-2  social worker" or the initials "L.M.S.W." <"C.S.W.">;
   20-3              (2)  if licensed <certified> as a licensed social
   20-4  worker, the words "licensed social worker" or the initials
   20-5  "L.S.W."; or
   20-6              (3)  if licensed <certified> as a social work
   20-7  associate, the words "social work associate" or the initials
   20-8  "S.W.A."
   20-9        SECTION 13.  Section 50.012, Human Resources Code, is amended
  20-10  to read as follows:
  20-11        Sec. 50.012.  Public Representations.  A firm, partnership,
  20-12  association, corporation, or other business or professional entity
  20-13  may not hold itself or another out to the public as being engaged
  20-14  in the work or practice of social work or offering social work
  20-15  services under an assumed, trade, business, professional,
  20-16  partnership, or corporate name or title or employ, use, cause to be
  20-17  used, or make use of, directly or indirectly or in any manner, the
  20-18  words or terms "social work," "social work services," "social work,
  20-19  inc.," "professional social workers," "licensed <certified> social
  20-20  workers," "licensed master social workers," "social work
  20-21  associate," "L.M.S.W.," "L.S.W.," "S.W.A.," <"social work
  20-22  associates," "C.S.W.," "S.W.A.,"> or any combinations,
  20-23  abbreviations, or variations of any of these or in combination with
  20-24  any other words, letters, initials, signs, legends, or symbols on,
  20-25  in, or as a part of, directly or indirectly, any sign, directory,
  20-26  listing, contract, document, pamphlet, stationery, letterhead,
  20-27  advertisement, signature, trade name, assumed name, or corporate or
   21-1  other business or professional name, unless the firm, partnership,
   21-2  association, corporation, or other business or professional entity
   21-3  is actually and actively engaged in the practice of social work or
   21-4  is actually and actively performing social work services, and
   21-5  unless the services performed by it which constitute the practice
   21-6  of social work are either personally performed or done by a
   21-7  <certified> social worker<, social worker, or social work
   21-8  associate> practicing in accordance with this chapter or under the
   21-9  supervision <general direction> of a licensed <certified> social
  21-10  worker or licensed master social worker.
  21-11        SECTION 14.  Section 50.013, Human Resources Code, is amended
  21-12  to read as follows:
  21-13        Sec. 50.013.  Applications.  An application for licensure
  21-14  <certification> under this chapter shall be on a form prescribed
  21-15  and furnished by the board <department> and shall contain
  21-16  statements made under oath setting forth in detail the applicant's
  21-17  education, experience, and other information as required by the
  21-18  board <department> that qualify the applicant for a license
  21-19  <certificate> under this chapter.  No person is eligible for a
  21-20  license <certificate> provided under this chapter unless the person
  21-21  <he> is at least 18 years of age and worthy of the public trust and
  21-22  confidence.
  21-23        SECTION 15.  Section 50.014, Human Resources Code, is amended
  21-24  to read as follows:
  21-25        Sec. 50.014.  Examinations.  (a)  At least once each calendar
  21-26  year the board <department> shall prepare and administer an
  21-27  examination to determine the qualifications of applicants for
   22-1  certificates under this chapter.  Examinations shall be conducted
   22-2  in the manner the board <department> determines and in a manner
   22-3  that is fair and impartial to all individuals and to every school
   22-4  or system of social work.  Applicants shall be known to the
   22-5  examiners only by numbers until after the general averages of the
   22-6  applicants in a class have been determined and licenses
   22-7  <certificates> have been granted or refused.  The scope and content
   22-8  of examinations shall be sufficient to ensure professional efficacy
   22-9  and competence in keeping with the highest standards of the social
  22-10  work profession.  The board shall have the written portion of the
  22-11  examination, if any, validated by an independent testing entity.
  22-12        (b)  On satisfactory completion of all requirements of the
  22-13  examination conducted by the board <department>, an applicant may
  22-14  be granted a license <certificate> as a licensed master <certified>
  22-15  social worker, licensed social worker, or social work associate as
  22-16  the board <department> determines.
  22-17        (c)  The board by rule shall establish:
  22-18              (1)  a limit on the number of times an applicant who
  22-19  fails an examination may retake the examination;
  22-20              (2)  requirements for retaking an examination; and
  22-21              (3)  alternative methods of examining competency  <An
  22-22  applicant who fails an examination may be reexamined at a
  22-23  subsequent time on payment of the required fees.  An applicant may
  22-24  be reexamined only three times for the same certificate>.
  22-25        (d)  If requested by a person who fails the examination for a
  22-26  license <certificate>, the board <department> shall furnish to the
  22-27  person an analysis of the person's performance on the examination.
   23-1        (e)  Not later than the 30th day after the day on which a
   23-2  licensing <certification>  examination is administered under this
   23-3  chapter, the board <department> shall notify each examinee of the
   23-4  results of the examination.  However, if an examination is graded
   23-5  or reviewed by a national testing service, the board <department>
   23-6  shall notify examinees of the results of the examination not later
   23-7  than the 14th day after the day on which the board <department>
   23-8  receives the results from the testing service.  If the notice of
   23-9  the examination results will be delayed for longer than 90 days
  23-10  after the examination date, the board <department> shall notify the
  23-11  examinee of the reason for the delay before the 90th day.
  23-12        SECTION 16.  Section 50.015, Human Resources Code, is amended
  23-13  to read as follows:
  23-14        Sec. 50.015.  LICENSED MASTER <CERTIFIED> SOCIAL WORKER.  The
  23-15  board  <(a)  Until December 31, 1985, the department> shall
  23-16  consider <the following as minimum evidence that an applicant is
  23-17  qualified to be examined for a certificate as a certified social
  23-18  worker:>
  23-19              <(1)>  a doctoral degree in social work or master's
  23-20  degree in social work from  a <an accredited> graduate program
  23-21  accredited <approved> by the Council on Social Work Education
  23-22  <department;>
  23-23              <(2)  a doctoral degree or master's degree not in
  23-24  social work from an accredited program approved by the department
  23-25  and the successful completion of two years' actual and active
  23-26  social work experience approved by the department; or>
  23-27              <(3)  a baccalaureate degree in social work or a
   24-1  related field from an educational program approved by the
   24-2  department and the successful completion of five years' actual and
   24-3  active social work experience approved by the department; or>
   24-4              <(4)  a baccalaureate degree not in social work or a
   24-5  related field from an educational institution approved by the
   24-6  department and the successful completion of 10 years' actual and
   24-7  active social work experience approved by the department.>
   24-8        <(b)  After December 31, 1985, the department shall consider
   24-9  only the qualifications prescribed by Subdivision (1) of Subsection
  24-10  (a) of this section> as minimum evidence that an applicant is
  24-11  qualified to be examined for a license <certificate> as a licensed
  24-12  master <certified> social worker.
  24-13        SECTION 17.  Section 50.016, Human Resources Code, is amended
  24-14  to read as follows:
  24-15        Sec. 50.016.  LICENSED SOCIAL WORKER.  The board  <(a)  Until
  24-16  December 31, 1985, the department> shall consider <the following as
  24-17  minimum evidence that an applicant is qualified to be examined for
  24-18  a certificate as a social worker:>
  24-19              <(1)>  a baccalaureate degree in social work from an
  24-20  educational program accredited <approved> by the Council on Social
  24-21  Work Education <department;>
  24-22              <(2)  a baccalaureate degree not in social work from an
  24-23  educational institution approved by the department and the
  24-24  successful completion of five years' actual and active social work
  24-25  experience approved by the department;>
  24-26              <(3)  an associate degree from an educational
  24-27  institution approved by the department and the successful
   25-1  completion of 10 years' actual and active social work experience
   25-2  approved by the department; or>
   25-3              <(4)  a high school diploma or its substantial
   25-4  equivalent as determined by the department and the successful
   25-5  completion of 15 years' actual and active social work experience
   25-6  approved by the department.>
   25-7        <(b)  After December 31, 1985, the department shall consider
   25-8  only the qualifications prescribed by Subdivision (1) of Subsection
   25-9  (a) of this section> as minimum evidence that an applicant is
  25-10  qualified to be examined for a license <certificate> as a licensed
  25-11  social worker.
  25-12        SECTION 18.  Section 50.017, Human Resources Code, is amended
  25-13  to read as follows:
  25-14        Sec. 50.017.  Social Work Associate.  <(a)>  The board
  25-15  <department> shall consider the following as minimum evidence that
  25-16  an applicant is qualified to be examined for a license
  25-17  <certificate> as a social work associate:
  25-18              (1)  a baccalaureate degree from an accredited
  25-19  educational institution and the additional satisfactory completion
  25-20  of a reasonable specified number of years of actual and active
  25-21  social work experience approved by the board <department>; or
  25-22              (2)  an associate of arts degree in the behavioral
  25-23  sciences as determined by the board from an accredited educational
  25-24  institution and the additional satisfactory completion of a
  25-25  reasonable specified number of years of actual and active social
  25-26  work experience approved by the board <department; or>
  25-27              <(3)  a high school diploma or its substantial
   26-1  equivalent as determined by the department and the satisfactory
   26-2  completion of a specified number of years of actual and active
   26-3  social work experience approved by the department>.
   26-4        SECTION 19.  Section 50.018, Human Resources Code, is amended
   26-5  to read as follows:
   26-6        Sec. 50.018.  Experience Evaluation.  In determining the
   26-7  credibility and acceptability of an applicant's professional or
   26-8  technical experience or competence, the board <department> may
   26-9  require documentary evidence of the quality, scope, and nature of
  26-10  the experience and competence as necessary to ensure public safety,
  26-11  health, and welfare.
  26-12        SECTION 20.  Section 50.019, Human Resources Code, is amended
  26-13  to read as follows:
  26-14        Sec. 50.019.  TEMPORARY LICENSE <Provisional Certificate>.
  26-15  Prior to examination, an applicant for licensure may obtain a
  26-16  temporary license as long as the applicant meets all the
  26-17  requirements, except examination, as prescribed in this chapter for
  26-18  the level of license sought.  The temporary license is valid until
  26-19  the results of the first qualifying written examination are
  26-20  available <(a)  Until December 31, 1985, a person who, in the
  26-21  judgment of the department, meets the requirements of this chapter
  26-22  may be issued the appropriate certificate, as the department shall
  26-23  determine, without examination, on application to the department in
  26-24  the form and content that it may require and on payment of the fee
  26-25  for the original issue of a certificate as established by the
  26-26  department in accordance with this chapter.>
  26-27        <(b)  After December 31, 1985, a person who has some of the
   27-1  work experience requirements for examination in Section 50.015 or
   27-2  50.016 of this chapter may, after completion of the required work
   27-3  experience, be issued the appropriate certificate without
   27-4  examination if:>
   27-5              <(1)  the person has at least one-half of the work
   27-6  experience prescribed by Section 50.015 or 50.016 of this chapter
   27-7  by December 31, 1985;>
   27-8              <(2)  the person notifies the department not later than
   27-9  December 31, 1985, of the person's intention to apply for a
  27-10  certificate without examination; and>
  27-11              <(3)  the department determines that the work
  27-12  experience is satisfactory>.
  27-13        SECTION 21.  Section 50.020, Human Resources Code, is amended
  27-14  to read as follows:
  27-15        Sec. 50.020.  PRIVATE PRACTICE.  (a)  The board <department>
  27-16  shall establish procedures for the recognition of persons qualified
  27-17  for the private, independent practice of social work and publish or
  27-18  cause to be published a roster of qualified persons.  Minimum
  27-19  qualifications for recognition shall include:
  27-20              (1)  licensure <certification> as a licensed master
  27-21  <certified> social worker under this chapter; and <or>
  27-22              (2)  a number of years of acceptable social work
  27-23  experience as determined by the board <department>.
  27-24        (b)  A licensed social worker or social work associate will
  27-25  not be eligible for recognition as being qualified to practice
  27-26  social work as a private, independent practitioner.
  27-27        (c)  A person qualified for the private, independent practice
   28-1  of social work under this section shall, for the purposes of
   28-2  Article 21.52, Insurance Code, be authorized to use the title
   28-3  "advanced clinical practitioner" or any other title approved by the
   28-4  board and the other title shall mean the same as and be equivalent
   28-5  to the title "advanced clinical practitioner" as used in Article
   28-6  21.52, Insurance Code.
   28-7        SECTION 22.  Section 50.021, Human Resources Code, is amended
   28-8  to read as follows:
   28-9        Sec. 50.021.  Revocation and Suspension.  (a)  The board
  28-10  shall revoke or suspend <department may refuse to issue or to
  28-11  renew> a license <certificate> or order of recognition, <may> place
  28-12  on probation a person whose license <certificate> or order of
  28-13  recognition has been suspended, or <may> reprimand a person with a
  28-14  license <certificate> or order of recognition<, or may revoke or
  28-15  suspend a certificate or order of recognition issued under this
  28-16  chapter> for any of the following reasons:
  28-17              (1)  violating a provision of this chapter or a rule of
  28-18  the board <department>;
  28-19              (2)  circumventing or attempting to circumvent this
  28-20  chapter or a rule of the board <department>;
  28-21              (3)  participating, directly or indirectly, in a plan,
  28-22  scheme, or arrangement attempting or having as its purpose the
  28-23  evasion of this chapter or a rule of the board <department>;
  28-24              (4)  engaging in unethical conduct;
  28-25              (5)  engaging in conduct which discredits or tends to
  28-26  discredit the profession of social work;
  28-27              (6)  performing an act, allowing an omission, or making
   29-1  an assertion or representation that is fraudulent, deceitful, or
   29-2  misleading or that in any manner tends to create a misleading
   29-3  impression;
   29-4              (7)  knowingly associating with or permitting or
   29-5  allowing the use of any licensed <certified> person's professional
   29-6  services or professional identification in a project or enterprise
   29-7  that the person knows or with the exercise of reasonable diligence
   29-8  should know is a practice that violates this chapter or a rule of
   29-9  the board <department> pertaining to the practice of social work;
  29-10              (8)  knowingly associating with or permitting the use
  29-11  of a licensed <certified> person's name, professional services,
  29-12  professional identification, or endorsement in connection with a
  29-13  venture or enterprise that the person knows or with the exercise of
  29-14  reasonable diligence should know is a trade, business, or
  29-15  professional practice of a fraudulent, deceitful, misleading, or
  29-16  dishonest nature;
  29-17              (9)  revealing, directly or indirectly, or causing to
  29-18  be revealed a confidential communication transmitted to the
  29-19  licensed <certified> person by a client or recipient of his
  29-20  services except as may be required by law;
  29-21              (10)  having a certificate or a license to practice
  29-22  social work in another jurisdiction denied, suspended, or revoked
  29-23  for reasons or causes the board <department> finds would constitute
  29-24  a violation of this chapter or a rule pertaining to the practice of
  29-25  social work adopted by the board <department>;
  29-26              (11)  having been convicted of a felony in an American
  29-27  jurisdiction; or
   30-1              (12)  refusing to do or perform any act or service for
   30-2  which the person is licensed <certified> under this chapter solely
   30-3  on the basis of the recipient's age, sex, race, religion, national
   30-4  origin, color, or political affiliation.
   30-5        (b)  If a license or order of recognition suspension is
   30-6  probated, the board may require the probationer to:
   30-7              (1)  report regularly to the board on matters that are
   30-8  the basis of the probation;
   30-9              (2)  limit practice to the areas prescribed by the
  30-10  board; or
  30-11              (3)  continue or review continuing professional
  30-12  education until the probationer attains a degree of skill
  30-13  satisfactory to the board in those areas that are the basis of the
  30-14  probation.
  30-15        SECTION 23.  Section 50.022, Human Resources Code, is amended
  30-16  to read as follows:
  30-17        Sec. 50.022.  Disciplinary Proceedings.  (a)  A proceeding
  30-18  under Section 50.021 <of this chapter> begins when a charge is
  30-19  filed with the department and referred to the board in writing and
  30-20  under oath.  The charge may be made by any person.
  30-21        (b)  A person is entitled to notice and a hearing before the
  30-22  State Office of Administrative Hearings before a sanction is
  30-23  imposed under Section 50.021.
  30-24        <(c)  The department may rule that the order revoking or
  30-25  suspending a  certificate or order of recognition be probated so
  30-26  long as the probationer conforms to the orders and rules that the
  30-27  department sets out as the terms of probation.  The department, at
   31-1  the time of probation, shall set out the period of time that
   31-2  constitutes the probationary period.  The department may at any
   31-3  time while the probationer remains on probation hold a hearing and
   31-4  on majority vote rescind the probation and enforce the department's
   31-5  original action in revoking or suspending the certificate or order
   31-6  of recognition.>
   31-7        <(d)  The department shall provide for notice and an
   31-8  opportunity to appeal from disciplinary proceedings.>  Disciplinary
   31-9  proceedings and the appeals from the proceedings are governed by
  31-10  the Administrative Procedure and Texas Register Act, as amended
  31-11  (Article 6252-13a, Vernon's Texas Civil Statutes).  The board by
  31-12  rule shall adopt a broad schedule of sanctions for violations under
  31-13  this chapter.  The State Office of Administrative Hearings shall
  31-14  use the schedule for any sanction imposed as the result of a
  31-15  hearing conducted by that office.
  31-16        <(e)  The department shall keep an information file on each
  31-17  complaint or charge filed.  During the consideration of a charge
  31-18  filed under this section and until the charge is finally resolved,
  31-19  all parties shall be informed monthly in writing as to the status
  31-20  of the complaint.>
  31-21        SECTION 24.  Chapter 50, Human Resources Code, is amended by
  31-22  adding Sections 50.0221 through 50.0224 to read as follows:
  31-23        Sec. 50.0221.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The
  31-24  board shall keep an information file about each complaint filed
  31-25  with the department and referred to the board.  The board's
  31-26  information file shall be kept current and contain a record for
  31-27  each complaint of:
   32-1              (1)  all persons contacted in relation to the
   32-2  complaint;
   32-3              (2)  a summary of findings made at each step of the
   32-4  complaint process;
   32-5              (3)  an explanation of the legal basis and reason for a
   32-6  complaint that is dismissed; and
   32-7              (4)  other relevant information.
   32-8        (b)  If a written complaint is referred to the board, the
   32-9  board, at least as frequently as quarterly and until final
  32-10  disposition of the complaint, shall notify the parties to the
  32-11  complaint of the status of the complaint unless the notice would
  32-12  jeopardize an undercover investigation.
  32-13        (c)  The board by rule shall adopt a form to standardize
  32-14  information concerning complaints made to the board.  The board by
  32-15  rule shall prescribe information to be provided to a person when
  32-16  the person files a complaint with the board.
  32-17        (d)  The board shall provide reasonable assistance to a
  32-18  person who wishes to file a complaint with the board.
  32-19        Sec. 50.0222.  COMPLAINT INVESTIGATION AND DISPOSITION.
  32-20  (a)  The board shall adopt rules concerning the investigation of a
  32-21  complaint filed with the department and referred to the board.  The
  32-22  rules adopted under this subsection shall:
  32-23              (1)  distinguish between categories of complaints;
  32-24              (2)  ensure that complaints are not dismissed without
  32-25  appropriate consideration;
  32-26              (3)  require that the board be advised of a complaint
  32-27  that is dismissed and that a letter be sent to the person who filed
   33-1  the complaint explaining the action taken on the dismissed
   33-2  complaint;
   33-3              (4)  ensure that the person who filed the complaint has
   33-4  an opportunity to explain the allegations made in the complaint;
   33-5  and
   33-6              (5)  prescribe guidelines concerning the categories of
   33-7  complaints that require the use of a private investigator and the
   33-8  procedures for the board to obtain the services of a private
   33-9  investigator.
  33-10        (b)  The board shall dispose of all complaints in a timely
  33-11  manner.  The board shall establish a schedule for conducting each
  33-12  phase of a complaint that is under the control of the board not
  33-13  later than the 30th day after the date the complaint is received by
  33-14  the board.  The schedule shall be kept in the information file for
  33-15  the complaint and all parties shall be notified of the projected
  33-16  time requirements for pursuing the complaint.  A change in the
  33-17  schedule must be noted in the complaint information file and all
  33-18  parties to the complaint must be notified not later than the
  33-19  seventh day after the date the change is made.
  33-20        (c)  The program director for the board shall notify the
  33-21  board of a complaint that extends beyond the time prescribed by the
  33-22  board for resolving the complaint so that the board may take
  33-23  necessary action on the complaint.
  33-24        Sec. 50.0223.  INFORMAL PROCEEDINGS.  (a)  The board by rule
  33-25  shall adopt procedures governing:
  33-26              (1)  informal disposition of a contested case under
  33-27  Section 13(e), Administrative Procedure and Texas Register Act
   34-1  (Article 6252-13a, Vernon's Texas Civil Statutes); and
   34-2              (2)  informal proceedings held in compliance with
   34-3  Section 18(c), Administrative Procedure and Texas Register Act
   34-4  (Article 6252-13a, Vernon's Texas Civil Statutes).
   34-5        (b)  Rules adopted under this section must provide the
   34-6  complainant and the license or order of recognition holder an
   34-7  opportunity to be heard and must require the presence of a
   34-8  representative of the department's legal staff to advise the board
   34-9  or board's employees.
  34-10        Sec. 50.0224.  MONITORING OF LICENSE OR ORDER OF RECOGNITION
  34-11  HOLDER.  The board by rule shall develop a system for monitoring
  34-12  license or order of recognition holders' compliance with the
  34-13  requirements of this Act.  Rules adopted under this section shall
  34-14  include procedures for monitoring a license or order of recognition
  34-15  holder who is ordered by the board to perform certain acts to
  34-16  ascertain that the license or order of recognition holder performs
  34-17  the required acts and to identify and monitor license or order of
  34-18  recognition holders who represent a risk to the public.
  34-19        SECTION 25.  Section 50.023, Human Resources Code, is amended
  34-20  to read as follows:
  34-21        Sec. 50.023.  Expiration and Renewal.  (a)  The board
  34-22  <department> by rule shall adopt a system under which licenses
  34-23  <certificates> or orders of recognition issued under this chapter
  34-24  expire on various dates during the year, and the dates for renewal
  34-25  shall be adjusted accordingly.  A person may renew an expired
  34-26  license <On renewal of the certificate> or order of recognition by
  34-27  paying to the department before <or on> the expiration date of the
   35-1  license or order the required<, the total> renewal fee <is
   35-2  payable>.
   35-3        (b)  Not later than 30 days before the expiration date, the
   35-4  board <department> shall notify in writing each person licensed
   35-5  <certified> of the date of the expiration of a license
   35-6  <certificate> or order of recognition issued to the person at the
   35-7  person's last known address according to the records of the board
   35-8  <him, the amount of the fee for renewal, and the continuing
   35-9  education provisions that are required for its renewal for one
  35-10  year.  The department shall attempt to obtain from the person a
  35-11  signed receipt confirming receipt of the notice>.
  35-12        (c)  If a person's license <certificate> or order of
  35-13  recognition has been expired for <not longer than> 90 days or less,
  35-14  the person may renew the license <certificate> or order of
  35-15  recognition by paying to the department the required renewal fee
  35-16  and a fee that is one-half of the examination fee for the license
  35-17  <certificate>.
  35-18        (d)  If a person's license <certificate> or order of
  35-19  recognition has been expired for longer than 90 days but less than
  35-20  one year <two years>, the person may renew the license
  35-21  <certificate> or order of recognition by paying to the department
  35-22  all unpaid renewal fees and a fee that is equal to the examination
  35-23  fee for the license <certificate>.
  35-24        (e)  If a person's license <certificate> or order of
  35-25  recognition has been expired for one year <two years> or longer,
  35-26  the person may not renew the license <certificate> or order of
  35-27  recognition.  The person may obtain a new license <certificate> or
   36-1  order of recognition by submitting to reexamination, if an
   36-2  examination was originally required, and complying with the
   36-3  requirements and procedures for obtaining an original license
   36-4  <certificate> or order of recognition.  However, the board may
   36-5  renew without reexamination an expired license or order of
   36-6  recognition of a person who was certified in this state, moved to
   36-7  another state, and is currently licensed and has been in practice
   36-8  in the other state for the two years preceding application.  The
   36-9  person must pay to the department a fee that is equal to the
  36-10  examination fee for the license or order of recognition.
  36-11        SECTION 26.  Section 50.024, Human Resources Code, is amended
  36-12  to read as follows:
  36-13        Sec. 50.024.  SPECIALTY <DEPARTMENT> REGULATION.  (a)  The
  36-14  board <department> may establish, within the scope of social work
  36-15  and this chapter, specifically designed areas of specialty work
  36-16  service or practice for those persons licensed <certified> and in
  36-17  good standing as licensed master <certified social workers or>
  36-18  social workers.  The basis for board <department> action in
  36-19  establishing a social work specialty shall be founded in the public
  36-20  interest and necessity and for the purpose of practicing, aiding,
  36-21  and assisting the public in identifying those persons in the
  36-22  professions qualified to practice or perform specialty services.
  36-23        (b)  In establishing a specialty service or practice, the
  36-24  board <department> shall define the scope of the specialty,
  36-25  establish standards of special qualifications for the specialty
  36-26  workers or practitioners that will accurately and truly describe
  36-27  the parameters of the specialty and the use of which will be
   37-1  prohibited to those who have not satisfied the board's
   37-2  <department's> requirements for qualification in the specialty,
   37-3  adopt rules of conduct for specialty practitioners that will ensure
   37-4  strict compliance with and enforcement of this chapter, and adopt
   37-5  rules for suspending or revoking the order of recognition in the
   37-6  specialty.
   37-7        (c)  A specialty may not be authorized for the private
   37-8  practice of social work except for those persons licensed
   37-9  <certified> as licensed master <certified> social workers under
  37-10  this chapter meeting the minimum number of years of actual and
  37-11  active social work practice with appropriate supervision and
  37-12  examination as determined by the board <department>.  However, the
  37-13  board <department> may not establish any specialty or specialty
  37-14  identification in conflict with any licensing law of this state.
  37-15        (d)  The board shall establish a social work specialty for
  37-16  those persons qualified for the practice of clinical social work.
  37-17  Use of the title "Advanced Clinical Practitioner" or the initials
  37-18  "A.C.P." shall be restricted to those persons who have qualified
  37-19  for the practice of clinical social work under this chapter.  A
  37-20  specialty may not be authorized for the practice of clinical social
  37-21  work except for those persons licensed as licensed master social
  37-22  workers under this chapter meeting the minimum number of years of
  37-23  actual and active social work practice with appropriate supervision
  37-24  and clinical examination as determined by the board.
  37-25        (e)  Persons recognized as being qualified for the practice
  37-26  of clinical social work pursuant to the provisions of this section
  37-27  shall, for the purposes of Article 21.52, Insurance Code, be
   38-1  authorized to use the title "advanced clinical practitioner" or any
   38-2  other title approved by the board and said other title shall mean
   38-3  the same as and be equivalent to, for any and all purposes
   38-4  whatsoever, the title "advanced clinical practitioner" as used in
   38-5  Article 21.52, Insurance Code.
   38-6        SECTION 27.  Section 50.025, Human Resources Code, is amended
   38-7  to read as follows:
   38-8        Sec. 50.025.  Limitations.  After the effective date of an
   38-9  order of the board <department> establishing areas of specialty
  38-10  service or practice, a licensed master <certified> social worker or
  38-11  licensed social worker may not make use of a specialty professional
  38-12  identification or title designated by the board <department> until
  38-13  the person has qualified and been recognized by the board
  38-14  <department> as worthy of the public trust in performing services
  38-15  within the scope of the specialty.
  38-16        SECTION 28.  Section 50.026, Human Resources Code, is amended
  38-17  to read as follows:
  38-18        Sec. 50.026.  Recognition Order.  After a licensed master
  38-19  <certified> social worker or licensed social worker has met all
  38-20  requirements of the board <department> for recognition in a
  38-21  specialty established by the board <department>, the board
  38-22  <department> shall recognize the person as so qualified.  The
  38-23  recognition shall be evidenced by an order of recognition of
  38-24  specialty of a name, design, and content as the board <department>
  38-25  shall determine, setting forth the full name of the person,
  38-26  official specialty serial number, the signature of the presiding
  38-27  officer <commissioner and the chairman> of the board <council>, and
   39-1  the board's <department's> official seal.  Issue of the order of
   39-2  recognition of specialty shall be evidence that the person to whom
   39-3  it is issued has been recognized by this state as a specialty
   39-4  social work practitioner under the name or title designated by the
   39-5  board <department>.
   39-6        SECTION 29.  Section 50.027, Human Resources Code, is amended
   39-7  to read as follows:
   39-8        Sec. 50.027.  Expiration.  The board <department> by rule
   39-9  shall adopt a system under which orders of recognition of specialty
  39-10  practice expire on various dates during the year, and the dates for
  39-11  renewal shall be adjusted accordingly.  On renewal of the specialty
  39-12  order of recognition on the expiration date, the total specialty
  39-13  order of recognition renewal fee is payable.
  39-14        SECTION 30.  Section 50.028, Human Resources Code, is amended
  39-15  to read as follows:
  39-16        Sec. 50.028.  Violations.  A person who violates this chapter
  39-17  or a rule of the board <department> pertaining to the practice of
  39-18  social work is subject to a civil penalty of not less than $50 nor
  39-19  more than $500 for each day of violation.
  39-20        SECTION 31.  Section 50.029, Human Resources Code, is amended
  39-21  to read as follows:
  39-22        Sec. 50.029.  INJUNCTIVE RELIEF <ENFORCEMENT>.  (a)  When it
  39-23  appears that a person has violated or is violating or is
  39-24  threatening to violate this chapter or a rule or order of the board
  39-25  <department> pertaining to social work, the board or department may
  39-26  cause a civil suit to be instituted in a district court for
  39-27  injunctive relief to restrain the continued violation or threat of
   40-1  violation or for the assessment and recovery of the civil penalty,
   40-2  as the court may consider proper, or for both injunctive relief and
   40-3  civil penalty.  On application for injunctive relief and a finding
   40-4  that a person is violating or threatening to violate this chapter
   40-5  or a rule, variance, or order of the board or department, the
   40-6  district court may grant the injunctive relief that the facts
   40-7  warrant.
   40-8        (b)  At the request of the board or department, the attorney
   40-9  general shall institute and conduct a suit in the name of this
  40-10  state for injunctive relief or to recover the civil penalty or for
  40-11  both injunctive relief and penalty, as authorized in Subsection (a)
  40-12  <of this section>.
  40-13        SECTION 32.  Section 50.030, Human Resources Code, is amended
  40-14  to read as follows:
  40-15        Sec. 50.030.  FUNDS <APPROPRIATION>.  <For the biennium
  40-16  ending August 31, 1983, the funds received in the social workers
  40-17  fund are appropriated to the department to be expended by it in the
  40-18  administration of this chapter.>  To the extent applicable, the
  40-19  general rules of the General Appropriations Act apply to the
  40-20  expenditure of funds under an <this> appropriation.
  40-21        SECTION 33.  Section 50.031, Human Resources Code, is amended
  40-22  to read as follows:
  40-23        Sec. 50.031.  Grants.  The board or department may
  40-24  <department is hereby empowered and authorized to> take all action
  40-25  necessary to qualify for, accept, and receive funds or grants made
  40-26  available by the United States or an agency of the United States,
  40-27  by this state or any agency of this state, or by a private
   41-1  foundation or other source for the establishment and maintenance of
   41-2  programs of continuing education.
   41-3        SECTION 34.  Section 50.032, Human Resources Code, is amended
   41-4  to read as follows:
   41-5        Sec. 50.032.  ENDORSEMENT <Reciprocity>.  (a)  The board
   41-6  <department> may, on application and payment of the appropriate
   41-7  fee, grant a provisional license to a <certify as a certified
   41-8  social worker,> social worker<,> or social work associate <a
   41-9  person> who is appropriately certified or licensed by another
  41-10  state, territory, or possession of the United States if the
  41-11  requirements of that state, territory, or possession for the
  41-12  certificate or license are the substantial equivalent of the
  41-13  requirements of this chapter as determined by the board
  41-14  <department>.  An applicant for a provisional license under this
  41-15  section must:
  41-16              (1)  be licensed in good standing as a social worker or
  41-17  social work associate in another state, the District of Columbia,
  41-18  or a territory of the United States that has license requirements
  41-19  that are substantially equivalent to the requirements of this
  41-20  chapter;
  41-21              (2)  have passed a national or other examination
  41-22  recognized by the board relating to social work; and
  41-23              (3)  be sponsored by a person licensed by the board
  41-24  under this chapter with whom the provisional license holder may
  41-25  practice under this section.
  41-26        (b)  An applicant for a provisional license may be excused
  41-27  from the requirement of Subsection (a)(3) if the board determines
   42-1  that compliance with that subsection constitutes a hardship to the
   42-2  applicant.
   42-3        (c)  A provisional license is valid until the date the board
   42-4  approves or denies the provisional license holder's application for
   42-5  a license.  The board shall issue a license under this chapter to
   42-6  the holder of a provisional license under this section if:
   42-7              (1)  the provisional license holder passes the
   42-8  examination required by Section 50.014;
   42-9              (2)  the board verifies that the provisional license
  42-10  holder has the academic and experience requirements for a license
  42-11  under this chapter; and
  42-12              (3)  the provisional license holder satisfies any other
  42-13  license requirements under this chapter.
  42-14        (d)  The board must complete the processing of a provisional
  42-15  license holder's application for a license not later than the 180th
  42-16  day after the date the provisional license is issued or at the time
  42-17  licenses are issued following the successful completion of the
  42-18  examination, whichever is later.
  42-19        (e) <(b)>  The board <department> may waive any licensure
  42-20  <certification> requirement for an applicant with a valid
  42-21  certificate or license from another state with which the State of
  42-22  Texas has a reciprocity agreement.
  42-23        SECTION 35.  Section 50.033, Human Resources Code, is amended
  42-24  to read as follows:
  42-25        Sec. 50.033.  EMPLOYMENT OF SOCIAL WORKER.  Nothing in this
  42-26  chapter shall be construed as requiring the employment of a
  42-27  licensed <certified> social worker, <a social worker, or> a social
   43-1  work associate, or a licensed master social worker by any public
   43-2  agency or private employer.  As used in this section, private
   43-3  employer includes but is not limited to a nonprofit corporation.
   43-4        SECTION 36.  Section 50.034, Human Resources Code, is amended
   43-5  to read as follows:
   43-6        Sec. 50.034.  Continuing Education.  (a)  The board by rule
   43-7  shall establish mandatory <department may recognize, prepare, or
   43-8  administer> continuing education requirements <programs> for
   43-9  licensed master <certified> social workers, licensed social
  43-10  workers, and social work associates licensed <certified> under this
  43-11  chapter<.  Participation in the programs is voluntary>.
  43-12        (b)  The board by rule shall establish a minimum number of
  43-13  hours of continuing education required to renew a license or order
  43-14  of recognition under this chapter.  The board may assess the
  43-15  continuing education needs of license or order of recognition
  43-16  holders and may require license or order of recognition holders to
  43-17  attend continuing education courses specified by the board.  The
  43-18  board by rule shall develop a process to evaluate and approve
  43-19  continuing education courses.
  43-20        (c)  The board shall identify the key factors for the
  43-21  competent performance by a license or order of recognition holder
  43-22  of the license or order of recognition holder's professional
  43-23  duties.  The board shall adopt a procedure to assess a license or
  43-24  order of recognition holder's participation in continuing education
  43-25  programs.
  43-26        SECTION 37.  Subsection (B), Section 2, Chapter 397, Acts of
  43-27  the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas
   44-1  Insurance Code), is amended to read as follows:
   44-2        (B)  No policy of accident and sickness insurance shall make
   44-3  benefits contingent upon treatment or examination by a particular
   44-4  practitioner or by particular practitioners of the healing arts
   44-5  hereinafter designated unless such policy contains a provision
   44-6  designating the practitioner or practitioners who will be
   44-7  recognized by the insurer and those who will not be recognized by
   44-8  the insurer.  Such provision may be located in the "Exceptions" or
   44-9  "Exceptions and Reductions" provisions, or elsewhere in the policy,
  44-10  or by endorsement attached to the policy, at the insurer's option.
  44-11  In designating the practitioners who will and will not be
  44-12  recognized, such provision shall use the following terms:  Doctor
  44-13  of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
  44-14  Chiropractic, Doctor of Optometry, Doctor of Podiatry, Audiologist,
  44-15  Speech-language Pathologist, Doctor in Psychology, <Certified
  44-16  Social Worker-->Advanced Clinical Practitioner, Licensed Dietitian,
  44-17  Licensed Professional Counselor, and Licensed Marriage and Family
  44-18  Therapist.
  44-19        For purposes of this Act, such designations shall have the
  44-20  following meanings:
  44-21        Doctor of Medicine:  One licensed by the Texas State Board of
  44-22  Medical Examiners on the basis of the degree "Doctor of Medicine";
  44-23        Doctor of Osteopathy:  One licensed by the Texas State Board
  44-24  of Medical Examiners on the basis of the degree of "Doctor of
  44-25  Osteopathy";
  44-26        Doctor of Dentistry:  One licensed by the State Board of
  44-27  Dental Examiners;
   45-1        Doctor of Chiropractic:  One licensed by the Texas Board of
   45-2  Chiropractic Examiners;
   45-3        Doctor of Optometry:  One licensed by the Texas Optometry
   45-4  Board;
   45-5        Doctor of Podiatry:  One licensed by the State Board of
   45-6  Podiatry Examiners;
   45-7        Audiologist:  One with a master's or doctorate degree in
   45-8  audiology from an accredited college or university and who is
   45-9  certified by the American Speech-language and Hearing Association;
  45-10        Speech-language Pathologist:  One with a master's or
  45-11  doctorate degree in speech pathology or speech-language pathology
  45-12  from an accredited college or university and who is  certified by
  45-13  the American Speech-language and Hearing Association;
  45-14        Doctor in Psychology:  One licensed by the Texas State Board
  45-15  of Examiners of Psychologists and certified as a Health Service
  45-16  Provider;
  45-17        <Certified Social Worker-->Advanced Clinical Practitioner:
  45-18  One licensed <certified> by the Texas State Board of Social Worker
  45-19  Examiners <Department of Human Services> as a Licensed Master
  45-20  <Certified> Social Worker with the order of recognition of Advanced
  45-21  Clinical Practitioner;
  45-22        Licensed Dietitian:  One licensed by the Texas State Board of
  45-23  Examiners of Dietitians;
  45-24        Licensed Professional Counselor:  One licensed by the Texas
  45-25  State Board of Examiners of Professional Counselors; and
  45-26        Licensed Marriage and Family Therapist:  One licensed by the
  45-27  Texas State Board of Examiners of Marriage and Family Therapists.
   46-1        SECTION 38.  Sections 1 and 3, Article 21.52, Insurance Code,
   46-2  as amended by Chapters 242 and 824, Acts of the 72nd Legislature,
   46-3  Regular Session, 1991, are reenacted and amended to read as
   46-4  follows:
   46-5        Sec. 1.  DEFINITIONS.  As used in this article:
   46-6              (a)  "health insurance policy" means any individual,
   46-7  group, blanket, or franchise insurance policy, insurance agreement,
   46-8  or group hospital service contract, providing benefits for medical
   46-9  or surgical expenses incurred as a result of an accident or
  46-10  sickness;
  46-11              (b)  "doctor of podiatric medicine" includes D.P.M.,
  46-12  podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
  46-13              (c)  "doctor of optometry" includes optometrist, doctor
  46-14  of optometry, and O.D.;
  46-15              (d)  "doctor of chiropractic" means a person who is
  46-16  licensed by the Texas Board of Chiropractic Examiners to practice
  46-17  chiropractic;
  46-18              (e)  "licensed dentist" means a person who is licensed
  46-19  to practice dentistry by the State Board of Dental Examiners;
  46-20              (f)  "audiologist" means a person who has received a
  46-21  master's or doctorate degree in audiology from an accredited
  46-22  college or university and is  certified by the American
  46-23  Speech-language and Hearing Association;
  46-24              (g)  "speech-language pathologist" means a person who
  46-25  has received a master's or doctorate degree in speech-language
  46-26  pathology from an accredited college or university and is
  46-27  certified by the American Speech-language and Hearing Association
   47-1  to restore speech loss or correct a speech impairment;
   47-2              (h)  "<certified social worker-->advanced clinical
   47-3  practitioner" means a person who is licensed <certified> by the
   47-4  Texas State Board of Social Worker Examiners <Department of Human
   47-5  Services> as a licensed master <certified> social worker with the
   47-6  order of recognition of advanced clinical practitioner;
   47-7              (i)  "licensed dietitian" means a person who is
   47-8  licensed by the Texas State Board of Examiners of Dietitians;
   47-9              (j)  "licensed professional counselor" means a person
  47-10  who is licensed by the Texas State Board of Examiners of
  47-11  Professional Counselors; <and>
  47-12              (k)  "psychologist" means a person licensed to practice
  47-13  psychology by the Texas State Board of Examiners of Psychologists;
  47-14  and<.>
  47-15              (l) <(k)>  "licensed marriage and family therapist"
  47-16  means a person who is licensed by the Texas State Board of
  47-17  Examiners of Marriage and Family Therapists.
  47-18        Sec. 3.  SELECTION OF PRACTITIONERS.  Any person who is
  47-19  issued, who is a party to, or who is a beneficiary under any health
  47-20  insurance policy delivered, renewed, or issued for delivery in this
  47-21  state by any insurance company, association, or organization to
  47-22  which this article applies may select a licensed doctor of
  47-23  podiatric medicine, a licensed dentist, or a doctor of chiropractic
  47-24  to perform the medical or surgical services or procedures scheduled
  47-25  in the policy which fall within the scope of the license of that
  47-26  practitioner, a licensed doctor of optometry to perform the
  47-27  services or procedures scheduled in the policy which fall within
   48-1  the scope of the license of that doctor of optometry,  an
   48-2  audiologist to measure hearing for the purpose of determining the
   48-3  presence or extent of a hearing loss and to provide aural
   48-4  rehabilitation services to a person with a hearing loss if those
   48-5  services or procedures are scheduled in the policy, a
   48-6  speech-language pathologist to evaluate speech and language and to
   48-7  provide habilitative and rehabilitative services to restore speech
   48-8  or language loss or to correct a speech or language impairment if
   48-9  those services or procedures are scheduled in the policy, an <a
  48-10  certified social worker-->advanced clinical practitioner to provide
  48-11  the services that fall within the scope of the license of such
  48-12  licensed <certified> practitioner and which are specified as
  48-13  services within the terms of the policy of insurance, including the
  48-14  provision of direct, diagnostic, preventive, or clinical services
  48-15  to individuals, families, and groups whose functioning is
  48-16  threatened or affected by social or psychological stress or health
  48-17  impairment, if those services or procedures are scheduled in the
  48-18  policy, a licensed dietitian including a provisional licensed
  48-19  dietitian under a licensed dietitian's supervision to provide the
  48-20  services that fall within the scope of the license of that
  48-21  dietitian if those services are scheduled in the policy, a licensed
  48-22  professional counselor to provide the services that fall within the
  48-23  scope of the license of that professional if those services are
  48-24  scheduled in the policy, or a licensed marriage and family
  48-25  therapist to provide the services that fall within the scope of the
  48-26  license of that professional if those services are scheduled in the
  48-27  policy, or a psychologist to perform the services or procedures
   49-1  scheduled in the policy that fall within the scope of the license
   49-2  of that psychologist.  The services of an <a certified social
   49-3  worker-->advanced clinical practitioner, licensed professional
   49-4  counselor, or licensed marriage and family therapist that are
   49-5  included in this Act may require a professional recommendation by a
   49-6  doctor of medicine or doctor of osteopathy unless the health
   49-7  insurance policy terms do not require such a recommendation.  The
   49-8  payment or reimbursement by the insurance company, association, or
   49-9  organization for those services or procedures in accordance with
  49-10  the payment schedule or the payment provisions in the policy shall
  49-11  not be denied because the same were performed by a licensed doctor
  49-12  of podiatric medicine, a licensed doctor of optometry, a licensed
  49-13  doctor of chiropractic, a licensed dentist, an audiologist, a
  49-14  speech-language pathologist, an <a certified social
  49-15  worker-->advanced clinical practitioner, a licensed dietitian, a
  49-16  licensed professional counselor, or a licensed marriage and family
  49-17  therapist, or a psychologist.  There shall not be any
  49-18  classification, differentiation, or other discrimination in the
  49-19  payment schedule or the payment provisions in a health insurance
  49-20  policy, nor in the amount or manner of payment or reimbursement
  49-21  thereunder, between scheduled services or procedures when performed
  49-22  by a doctor of podiatric medicine, a doctor of optometry, a doctor
  49-23  of chiropractic, a licensed dentist, an audiologist, a
  49-24  speech-language pathologist, an <a certified social
  49-25  worker-->advanced clinical practitioner, a licensed dietitian, a
  49-26  licensed professional counselor, or a licensed marriage and family
  49-27  therapist, or a psychologist which fall within the scope of his
   50-1  license or certification and the same services or procedures when
   50-2  performed by any other practitioner of the healing arts whose
   50-3  services or procedures are covered by the policy.  Any provision in
   50-4  a health insurance policy contrary to or in conflict with the
   50-5  provisions of this article shall, to the extent of the conflict, be
   50-6  void, but such invalidity shall not affect the validity of the
   50-7  other provisions of this policy.  Any presently approved policy
   50-8  form containing any provision in conflict with the requirements of
   50-9  this Act shall be brought into compliance with this Act by the use
  50-10  of riders and endorsements which have been approved by the State
  50-11  Board of Insurance or by the filing of new or revised policy forms
  50-12  for approval by the State Board of Insurance.
  50-13        SECTION 39.  (a)  As soon as possible after the effective
  50-14  date of this Act, the governor shall appoint the initial members of
  50-15  the Texas State Board of Social Worker Examiners in accordance with
  50-16  this Act.  In making the initial appointments, the governor shall
  50-17  designate members to serve terms as follows:
  50-18              (1)  one member certified as a certified social worker
  50-19  and eligible for licensure as a "licensed master social worker"
  50-20  under this Act, one member certified as either a social worker and
  50-21  eligible for licensure as a "licensed social worker" under this Act
  50-22  or certified as a social work associate and eligible for licensure
  50-23  as a "social work associate" under this Act, and one public member
  50-24  to serve for the terms expiring January 31, 1995;
  50-25              (2)  one member certified as a certified social worker
  50-26  and eligible for licensure as a "licensed master social worker"
  50-27  under this Act, one member certified as either a social worker and
   51-1  eligible for licensure as a "licensed social worker" under this Act
   51-2  or certified as a social work associate and eligible for licensure
   51-3  as a "social work associate" under this Act, and one public member
   51-4  to serve for the terms expiring January 31, 1997; and
   51-5              (3)  one member certified as a certified social worker
   51-6  and eligible for licensure as a "licensed master social worker"
   51-7  under this Act, one member certified as either a social worker and
   51-8  eligible for licensure as a "licensed social worker" under this Act
   51-9  or certified as a social work associate and eligible for licensure
  51-10  as a "social work associate" under this Act, and one public member
  51-11  to serve for the terms expiring January 31, 1999.
  51-12        (b)  The Texas State Board of Social Worker Examiners may not
  51-13  take any action and is not created until the day after the date
  51-14  that the last appointee to the initial board takes office.  On the
  51-15  date of its creation, the board assumes its functions and:
  51-16              (1)  the Council for Social Work Certification is
  51-17  abolished;
  51-18              (2)  the obligations, rights, contracts, equipment,
  51-19  other property, personnel, and records of and the unspent money
  51-20  appropriated to or for the Council for Social Work Certification in
  51-21  the social worker fund are transferred to and for the Texas State
  51-22  Board of Social Worker Examiners;
  51-23              (3)  the rules of the Council for Social Work
  51-24  Certification and Department of Human Services regarding the
  51-25  certification or licensure, recognition, and regulation of social
  51-26  workers are continued in effect as rules of the Texas State Board
  51-27  of Social Worker Examiners until superseded by rule of the new
   52-1  board;
   52-2              (4)  the certificates and orders of recognition in
   52-3  effect that were issued by the Council for Social Work
   52-4  Certification and the Department of Human Services are continued in
   52-5  effect as licenses and orders of recognition of the Texas State
   52-6  Board of Social Worker Examiners as provided in this section;
   52-7              (5)  a complaint or investigation pending before the
   52-8  Council for Social Work Certification or the Department of Human
   52-9  Services is transferred without change in status to the Texas State
  52-10  Board of Social Worker Examiners;
  52-11              (6)  a contested case pending before the Council for
  52-12  Social Work Certification or the Department of Human Services is
  52-13  transferred to the Texas State Board of Social Worker Examiners,
  52-14  and actions taken in the proceeding are treated as if taken by the
  52-15  Texas State Board of Social Worker Examiners; and
  52-16              (7)  any reference in a law to the Council for Social
  52-17  Work Certification means the Texas State Board of Social Worker
  52-18  Examiners.
  52-19        (c)  In order to effect a transition from the certification
  52-20  of social workers to licensure:
  52-21              (1)  any qualified person certified in good standing as
  52-22  of August 31, 1993, under the Social Work Certification Act as a
  52-23  "certified social worker" shall, on the date of renewal of the
  52-24  certificate and subsequent renewals, receive a license as a
  52-25  "licensed master social worker" without examination under the
  52-26  requirements in effect on or before August 31, 1993;
  52-27              (2)  any qualified person certified in good standing as
   53-1  of August 31, 1993, under the Social Work Certification Act as a
   53-2  "social worker" shall, on the date of renewal of the certificate
   53-3  and subsequent renewals, receive a license as a "licensed social
   53-4  worker" without examination under the requirements in effect on or
   53-5  before August 31, 1993;
   53-6              (3)  any qualified person certified in good standing as
   53-7  of August 31, 1993, under the Social Work Certification Act as a
   53-8  "social work associate" shall, on the date of renewal of the
   53-9  certificate and subsequent renewals, receive a license as a "social
  53-10  work associate" without examination under the requirements in
  53-11  effect on or before August 31, 1993;
  53-12              (4)  any qualified person certified in good standing as
  53-13  of August 31, 1993, under the Social Work Certification Act as a
  53-14  "certified social worker -- advanced clinical practitioner" shall,
  53-15  on the date of renewal of the order of recognition and subsequent
  53-16  renewals, be recognized as being qualified for the private,
  53-17  independent practice of social work under this Act, without
  53-18  examination under the requirements in effect on or before
  53-19  August 31, 1993;
  53-20              (5)  any qualified person certified in good standing as
  53-21  of August 31, 1993, under the Social Work Certification Act as a
  53-22  "certified social worker -- advanced clinical practitioner" shall,
  53-23  on the date of renewal of the order of recognition and subsequent
  53-24  renewals, be recognized as being qualified for the practice of
  53-25  clinical social work and the use of the authorized specialty
  53-26  designation evidencing same under this Act without examination, and
  53-27  on application pursuant to the provisions of this Act shall be so
   54-1  recognized;
   54-2              (6)  any person with an application on file for
   54-3  certification as a social work associate with the Department of
   54-4  Human Services as of August 31, 1993, and who completes the
   54-5  requirements in effect on the day the application was submitted
   54-6  shall be licensed as a social work associate;
   54-7              (7)  any person with an application on file for
   54-8  certification as a social worker with the Department of Human
   54-9  Services as of August 31, 1993, and who completes the requirements
  54-10  of this Act before August 31, 1994, shall be licensed as a licensed
  54-11  social worker; and
  54-12              (8)  any person with an application on file for
  54-13  certification as a certified social worker with the Department of
  54-14  Human Services as of August 31, 1993, and who completes the
  54-15  requirements in effect on the day the application was submitted
  54-16  shall be licensed as a licensed master social worker.
  54-17        (d)  The Texas State Board of Social Worker Examiners shall
  54-18  adopt rules under this Act not later than March 1, 1994.
  54-19        SECTION 40.  This Act takes effect September 1, 1993.
  54-20        SECTION 41.  The importance of this legislation and the
  54-21  crowded condition of the calendars in both houses create an
  54-22  emergency and an imperative public necessity that the
  54-23  constitutional rule requiring bills to be read on three several
  54-24  days in each house be suspended, and this rule is hereby suspended.