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.