S.B. No. 1426
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 within the
4-3 scope of their respective licenses and do not use the titles in
4-4 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 50.003, Human Resources Code, is amended
5-6 to read as follows:
5-7 Sec. 50.003. Civil Rights. A consideration of an
5-8 application for licensure <certification>, examination, regulation,
5-9 disciplinary proceeding, and any other action and decision
5-10 performed by authority of this chapter shall be made or done
5-11 without regard to sex, race, religion, national origin, color, or
5-12 political affiliation.
5-13 SECTION 4. Section 50.004, Human Resources Code, is amended
5-14 to read as follows:
5-15 Sec. 50.004. Texas State Board of Social Worker Examiners
5-16 <Council for Social Work Certification>. (a) The Texas State
5-17 Board of Social Worker Examiners <Council for Social Work
5-18 Certification> is created <to advise the department on problems
5-19 relating to the practice of social work. The council shall review
5-20 rules and minimum standards for social work certification and make
5-21 recommendations to the department concerning rules, standards, and
5-22 administration under this chapter>.
5-23 (b) The board <council> is composed of nine members
5-24 appointed by the governor with the advice and consent of the senate
5-25 <board upon the recommendation of the commissioner>. The board
5-26 <council> is composed as follows: three members shall be at all
5-27 times licensed master <certified> social workers licensed
6-1 <certified> under this chapter, at least two of whom shall be at
6-2 all times recognized as advanced clinical practitioners; two
6-3 <three> members shall be at all times licensed social workers
6-4 licensed <or social work associates certified> under this chapter;
6-5 one member shall be at all times a social work associate licensed
6-6 under this chapter;<,> and the remaining three members shall be
6-7 representatives of the public who are not licensed <certified>
6-8 under this chapter and who do not have, other than as consumers,
6-9 any interest in the practice of social work. <Until December 31,
6-10 1987, one member who is a certified social worker must have been
6-11 certified under the work experience qualifications prescribed by
6-12 Subdivision (3) or (4) of Subsection (a) of Section 50.015 of this
6-13 chapter, and one member who is a social worker must have been
6-14 certified under the work experience qualifications prescribed by
6-15 Subdivisions (2), (3), or (4) of Subsection (a) of Section 50.016
6-16 of this chapter.>
6-17 (c) Members of the board <Except for the initial
6-18 appointments, members> hold office for staggered terms of six
6-19 <three> years with three members' terms expiring February 1
6-20 <January 31> of each odd-numbered year. A member appointed to fill
6-21 a vacancy shall hold office for the remainder of that term. <In
6-22 making the initial appointments, the board shall appoint members
6-23 within 90 days after this chapter takes effect to serve the
6-24 following terms: three members for terms that expire January 31,
6-25 1985, three members for terms that expire January 31, 1984, and
6-26 three members for terms that expire January 31, 1983.>
6-27 (d) The governor <board> shall make appointments to the
7-1 board <council> after considering how representative the board
7-2 <council> is with regard to race, sex, age, and geographical
7-3 representation.
7-4 (e) <It is a ground for removal from the council that a
7-5 member:>
7-6 <(1) does not have at the time of appointment the
7-7 qualifications required by Subsection (b) of this section for
7-8 appointment to the council;>
7-9 <(2) does not maintain during the service on the
7-10 council the qualifications required by Subsection (b) of this
7-11 section for appointment to the council; or>
7-12 <(3) violates a prohibition established by Subsection
7-13 (g) or (h) of this section. The validity of an action of the
7-14 council is not affected by the fact that it was taken when a ground
7-15 for removal of a member of the council existed.>
7-16 <(f) A person who is required to register as a lobbyist
7-17 under Chapter 305, Government Code, by virtue of his activities for
7-18 compensation in or on behalf of a profession related to the
7-19 operation of the council may not serve as a council member or act
7-20 as the general counsel to the council.>
7-21 <(g) A member or employee of the council may not be an
7-22 officer, employee, or paid consultant of a trade association in the
7-23 field of social work.>
7-24 <(h) A member or employee of the council may not be related
7-25 within the second degree by affinity or consanguinity, as
7-26 determined under Article 5996h, Revised Statutes, to a person who
7-27 is an officer, employee, or paid consultant of a trade association
8-1 in the field of social work.>
8-2 <(i) Members of the council must be citizens of the United
8-3 States and residents of this state. Social workers appointed to
8-4 the board must be certified as required by this section, except
8-5 that the initial appointees must be persons who are eligible for
8-6 the appropriate certificate and must have actively, actually, and
8-7 continuously engaged in rendering social work services or in social
8-8 work teaching or administration for a period of at least five years
8-9 immediately preceding appointment.>
8-10 <(j)> Each member of the board <council> is entitled to a
8-11 per diem as set by legislative appropriation for state employees
8-12 and travel expenses to and from the business of the board
8-13 <council>. No member shall receive actual or necessary expenses
8-14 except for travel to and from meetings.
8-15 (f) <(k)> The board <council> shall meet at least once a
8-16 year. The governor shall designate one member of the board as
8-17 presiding officer to serve in that capacity at the pleasure of the
8-18 governor. At the first regular meeting each year the board
8-19 <council> shall elect other officers <a chairman and a
8-20 vice-chairman>. Other regular meetings may be held as the rules of
8-21 the board <council> may provide. Special meetings may be held at
8-22 times considered advisable by the board <council>.
8-23 (g) <(l)> The board <council> is subject to the open
8-24 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
8-25 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
8-26 Statutes), and the Administrative Procedure and Texas Register Act,
8-27 as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
9-1 (h) <(m) The department shall provide staff necessary to
9-2 assist the council in performing its duties. The staff person
9-3 directly responsible for the administration of this chapter shall
9-4 at all times have the confidence of the majority of the council.>
9-5 <(n)> The Texas State Board of Social Worker Examiners
9-6 <Council for Social Work Certification> is subject to Chapter 325,
9-7 Government Code (Texas Sunset Act). Unless continued in existence
9-8 as provided by that chapter, the board <council> is abolished and
9-9 this section expires September 1, 2005 <1993>. <If the council is
9-10 continued in existence beyond that date, subsequent sunset
9-11 provisions should be made to conform with those of the Texas
9-12 Department of Human Services.>
9-13 SECTION 5. Chapter 50, Human Resources Code, is amended by
9-14 adding Sections 50.0041 through 50.0045 to read as follows:
9-15 Sec. 50.0041. PUBLIC MEMBERSHIP RESTRICTION. A person is
9-16 not eligible for appointment as a public member of the board if the
9-17 person or the person's spouse:
9-18 (1) is registered, certified, or licensed by an
9-19 occupational regulatory agency in the field of health care;
9-20 (2) is employed by or participates in the management
9-21 of a business entity or other organization regulated by the board
9-22 or the department or receiving funds from the board or the
9-23 department;
9-24 (3) owns or controls, directly or indirectly, more
9-25 than a 10 percent interest in a business entity or other
9-26 organization regulated by the board or the department or receiving
9-27 funds from the board or the department; or
10-1 (4) uses or receives a substantial amount of tangible
10-2 goods, services, or funds from the board or the department, other
10-3 than compensation or reimbursement authorized by law for board
10-4 membership, attendance, or expenses.
10-5 Sec. 50.0042. CONFLICT OF INTEREST RESTRICTIONS. (a) An
10-6 officer, employee, or paid consultant of a Texas trade association
10-7 in the field of health care may not be a member of the board or
10-8 employee of the department who is exempt from the state's position
10-9 classification plan or is compensated at or above the amount
10-10 prescribed by the General Appropriations Act for step 1, salary
10-11 group 17, of the position classification salary schedule.
10-12 (b) A person who is the spouse of an officer, manager, or
10-13 paid consultant of a Texas trade association in the field of health
10-14 care may not be a board member and may not be an employee of the
10-15 department who is exempt from the state's position classification
10-16 plan or is compensated at or above the amount prescribed by the
10-17 General Appropriations Act for step 1, salary group 17, of the
10-18 position classification salary schedule.
10-19 (c) For the purposes of this section, a Texas trade
10-20 association is a nonprofit, cooperative, and voluntarily joined
10-21 association of business or professional competitors in this state
10-22 designed to assist its members and its industry or profession in
10-23 dealing with mutual business or professional problems and in
10-24 promoting their common interest.
10-25 Sec. 50.0043. EFFECT OF LOBBYING ACTIVITY. A person may not
10-26 serve as a member of the board or serve as general counsel to the
10-27 board if the person is required to register as a lobbyist under
11-1 Chapter 305, Government Code, and its subsequent amendments,
11-2 because of the person's activities for compensation on behalf of a
11-3 profession related to the operation of the board.
11-4 Sec. 50.0044. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
11-5 ground for removal from the board if a member:
11-6 (1) does not have at the time of appointment the
11-7 qualifications required by Section 50.004;
11-8 (2) does not maintain during service on the board the
11-9 qualifications required by Section 50.004;
11-10 (3) violates a prohibition established by Section
11-11 50.0042 or 50.0043;
11-12 (4) cannot discharge the member's duties for a
11-13 substantial part of the term for which the member is appointed
11-14 because of illness or disability; or
11-15 (5) is absent from more than half of the regularly
11-16 scheduled board meetings that the member is eligible to attend
11-17 during a calendar year unless the absence is excused by majority
11-18 vote of the board.
11-19 (b) The validity of an action of the board is not affected
11-20 by the fact that it is taken when a ground for removal of a board
11-21 member exists.
11-22 (c) If the executive director has knowledge that a potential
11-23 ground for removal exists, the executive director shall notify the
11-24 governor and the attorney general that a potential ground for
11-25 removal exists.
11-26 Sec. 50.0045. STAFF. (a) The board is administratively
11-27 attached to the Texas Department of Health and the basic personnel
12-1 and necessary facilities that are required to administer this
12-2 chapter shall be the personnel and facilities of the department.
12-3 The department personnel shall act as the agents of the board. If
12-4 necessary to the administration of this chapter, the department by
12-5 agreement may secure and provide for compensation for services that
12-6 it considers necessary and may employ and compensate within
12-7 available appropriations professional consultants, technical
12-8 assistants, and employees on a full-time or part-time basis.
12-9 (b) The commissioner of health shall designate an employee
12-10 of the department to serve as executive director of the board. The
12-11 executive director shall be the administrator of the licensing and
12-12 regulatory activities of the board. In addition to other duties
12-13 provided by this chapter and by the department, the executive
12-14 director shall:
12-15 (1) keep full and accurate minutes of the transactions
12-16 and proceedings of the board;
12-17 (2) be the custodian of the files and records of the
12-18 board;
12-19 (3) prepare and recommend to the board plans and
12-20 procedures necessary to implement the purposes and objectives of
12-21 this chapter, including rules and proposals or administrative
12-22 procedures consistent with this chapter;
12-23 (4) exercise general supervision over persons employed
12-24 by the department in the administration of this chapter;
12-25 (5) be responsible for the investigation of complaints
12-26 and for the presentation of formal complaints;
12-27 (6) attend all meetings of the board as a nonvoting
13-1 participant; and
13-2 (7) handle the correspondence of the board and obtain,
13-3 assemble, or prepare the reports and information that the board may
13-4 direct or authorize.
13-5 (c) The department shall provide staff necessary to assist
13-6 the board in performing its duties. The executive director shall
13-7 at all times have the confidence of the majority of the board.
13-8 SECTION 6. Section 50.005, Human Resources Code, is amended
13-9 by amending Subsection (a) and adding Subsections (c) and (d) to
13-10 read as follows:
13-11 (a) All money paid to the department <derived from fees,
13-12 assessments, or charges> under this chapter shall be deposited in
13-13 the state treasury to the credit of a special social worker account
13-14 in the general revenue fund and may be used only for the
13-15 administration <paid by the department into the State Treasury for
13-16 safekeeping and shall be placed by the State Treasurer in a
13-17 separate fund to be known as the social workers fund. The money
13-18 shall be available to the department exclusively for the
13-19 administration, implementation,> and enforcement of this chapter.
13-20 Surpluses are reserved for the use of the department in the
13-21 administration and enforcement of this chapter.
13-22 (c) The financial transactions of the board are subject to
13-23 audit by the state auditor in accordance with Chapter 321,
13-24 Government Code.
13-25 (d) The department shall file annually with the governor and
13-26 the presiding officer of each house of the legislature a complete
13-27 and detailed written report accounting for all funds received and
14-1 disbursed by the board during the preceding fiscal year. The
14-2 annual report must be in a form and reported in the time provided
14-3 by the General Appropriations Act.
14-4 SECTION 7. Section 50.006, Human Resources Code, is amended
14-5 to read as follows:
14-6 Sec. 50.006. Regulation and Enforcement. (a) The board
14-7 <department> may <adopt and> enforce <the> rules adopted by the
14-8 board necessary for the performance of its duties, establish
14-9 standards of conduct and ethics for all persons licensed
14-10 <certified> under this chapter, and ensure strict compliance with
14-11 and enforcement of this chapter. In adopting rules, the board
14-12 shall consider the rules and procedures of the Texas Board of
14-13 Health and the department and shall adopt procedural rules not
14-14 inconsistent with similar existing rules and procedures of the
14-15 Texas Board of Health or the department.
14-16 (b) The violation by a licensed master <certified> social
14-17 worker, licensed social worker, or social work associate of this
14-18 chapter or of any rule of the board <department> pertaining to the
14-19 practice of social work is sufficient reason to reprimand a license
14-20 holder or to suspend or revoke a license <certificate> issued under
14-21 this chapter.
14-22 (c) In addition to any other action, proceeding, or remedy
14-23 authorized by law, the board or department may institute an action
14-24 to enjoin a violation of this chapter or a rule of the board
14-25 <department>. The suit may be brought in Travis County, in the
14-26 county of the defendant's residence, or in the county where any
14-27 part of the alleged violation occurred. In order for the board or
15-1 department to sustain the action, it is not necessary to allege or
15-2 prove the lack of an adequate remedy at law or that substantial or
15-3 irreparable damage would result from the continued violation.
15-4 Either party to the action may appeal to the appellate court having
15-5 jurisdiction of the cause. The board or department shall not be
15-6 required to give any appeal bond in any cause arising under this
15-7 chapter. The attorney general shall represent the board or
15-8 department in all actions and proceedings to enforce this chapter.
15-9 (d) The board <department> shall prepare information of
15-10 consumer interest describing the regulatory functions of the board
15-11 <department> and describing the board's <department's> procedures
15-12 by which consumer complaints are filed with and resolved by the
15-13 board <department>. The board <department> shall make the
15-14 information available to the general public and appropriate state
15-15 agencies.
15-16 (e) The board by rule shall establish methods by which
15-17 consumers and service recipients are notified of the name, mailing
15-18 address, and telephone number of the board for the purpose of
15-19 directing complaints to the board. The board may provide for that
15-20 notification:
15-21 (1) on each registration form, application, or written
15-22 contract for services of an individual or entity regulated by the
15-23 board;
15-24 (2) on a sign prominently displayed in the place of
15-25 business of each individual or entity regulated by the board; or
15-26 (3) in a bill for service provided by an individual or
15-27 entity regulated by the board.
16-1 (f) The board shall list along with its regular telephone
16-2 number the toll-free telephone number that may be called to present
16-3 a complaint about a health professional if the toll-free number is
16-4 established under other state law <There shall be prominently
16-5 displayed at all times in the place of business of each person
16-6 certified under this chapter a sign containing the name, mailing
16-7 address, and telephone number of the department and a statement
16-8 informing consumers that complaints against persons certified under
16-9 this chapter may be directed to the department>.
16-10 SECTION 8. Section 50.0061, Human Resources Code, is amended
16-11 to read as follows:
16-12 Sec. 50.0061. Advertising. (a) The board <department> may
16-13 not adopt rules restricting competitive bidding or advertising by a
16-14 person regulated by the board <department> except to prohibit
16-15 false, misleading, or deceptive practices by the person.
16-16 (b) The board <department> may not include in its rules to
16-17 prohibit false, misleading, or deceptive practices by a person
16-18 regulated by the board <department> a rule that:
16-19 (1) restricts the person's use of any medium for
16-20 advertising;
16-21 (2) restricts the person's personal appearance or use
16-22 of the person's <his> voice in an advertisement;
16-23 (3) relates to the size or duration of an
16-24 advertisement by the person; or
16-25 (4) restricts the person's advertisement under a trade
16-26 name.
16-27 SECTION 9. Chapter 50, Human Resources Code, is amended by
17-1 adding Sections 50.0062 through 50.0065 to read as follows:
17-2 Sec. 50.0062. PUBLIC PARTICIPATION IN BOARD HEARINGS. The
17-3 board shall develop and implement policies that provide the public
17-4 with a reasonable opportunity to appear before the board and to
17-5 speak on any issue under the jurisdiction of the board.
17-6 Sec. 50.0063. PROGRAM ACCESSIBILITY. The board shall
17-7 prepare and maintain a written plan that describes how a person who
17-8 does not speak English can be provided reasonable access to the
17-9 board's programs. The board shall also comply with federal and
17-10 state laws for program and facility accessibility.
17-11 Sec. 50.0064. STANDARDS OF CONDUCT INFORMATION. The board
17-12 shall provide to its members and employees, as often as necessary,
17-13 information regarding their qualifications for office or employment
17-14 under this article and their responsibilities under applicable laws
17-15 relating to standards of conduct for state officers or employees.
17-16 Sec. 50.0065. TRAINING. (a) The board shall establish a
17-17 training program for the members of the board.
17-18 (b) Before a member of the board may assume the member's
17-19 duties, the member must complete at least one course of the
17-20 training program established under this section.
17-21 (c) A training program established under this section shall
17-22 provide information to a participant regarding:
17-23 (1) the enabling legislation that created the board;
17-24 (2) the programs operated by the board;
17-25 (3) the role and functions of the board;
17-26 (4) the rules of the board, with an emphasis on the
17-27 rules that relate to disciplinary and investigatory authority;
18-1 (5) the current budget for the board;
18-2 (6) the results of the most recent formal audit of the
18-3 board;
18-4 (7) the requirements of the:
18-5 (A) open meetings law, Chapter 271, Acts of the
18-6 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
18-7 Texas Civil Statutes);
18-8 (B) open records law, Chapter 424, Acts of the
18-9 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
18-10 Texas Civil Statutes); and
18-11 (C) Administrative Procedure and Texas Register
18-12 Act (Article 6252-13a, Vernon's Texas Civil Statutes);
18-13 (8) the requirements of the conflict of interest laws
18-14 and other laws relating to public officials; and
18-15 (9) any applicable ethics policies adopted by the
18-16 board or the Texas Ethics Commission.
18-17 (d) In developing the training requirements provided for by
18-18 this section, the board shall consult with the governor's office,
18-19 the attorney general's office, and the Texas Ethics Commission.
18-20 (e) In the event that another state agency or entity is
18-21 given the authority to establish the training requirements, the
18-22 board shall allow that training in lieu of developing its own
18-23 program.
18-24 SECTION 10. Subsection (a), Section 50.008, Human Resources
18-25 Code, is amended to read as follows:
18-26 (a) A roster showing the names and addresses, as reflected
18-27 by the board's <department's> records, of all licensed master
19-1 <certified> social workers, licensed social workers, and social
19-2 work associates licensed <certified> by the board <department>
19-3 shall be prepared and published by the board <department> at its
19-4 discretion. Copies of the roster shall be mailed to each person
19-5 licensed <certified> by the board <department> and placed on file
19-6 with the secretary of state.
19-7 SECTION 11. Section 50.009, Human Resources Code, is amended
19-8 to read as follows:
19-9 Sec. 50.009. Fees. (a) The board by rule <department>
19-10 shall establish reasonable and necessary<, charge, and collect>
19-11 fees so that the fees, in the aggregate, produce sufficient
19-12 revenues to cover the cost of administering this chapter<, as
19-13 follows:>
19-14 <(1) a fee for the filing of an application to take an
19-15 examination for a certificate under this chapter;>
19-16 <(2) a fee for the taking of an examination;>
19-17 <(3) a fee for the original issuance of certificate
19-18 under this chapter;>
19-19 <(4) a fee for the original issuance of an order of
19-20 recognition to practice a specialty in the practice of social work;>
19-21 <(5) a fee for an annual renewal of an order of
19-22 recognition to practice a specialty in the practice of social work;>
19-23 <(6) a fee for an annual renewal of a certificate
19-24 issued in accordance with this chapter;>
19-25 <(7) a fee for replacement of a certificate, specialty
19-26 order of recognition, or renewal lost or destroyed; and>
19-27 <(8) a fee for a copy of the official roster of
20-1 certified persons published by the department for the one copy
20-2 mailed to each person certified>.
20-3 (b) The fees set by the board may be adjusted so that the
20-4 total fees collected are sufficient to meet the expenses of
20-5 administering this chapter. The board may not set a fee for an
20-6 amount less than the amount of that fee on September 1, 1993 <If a
20-7 certified social work associate is qualified on September 2, 1983,
20-8 to be examined for a certificate as a social worker because of a
20-9 legislative change in qualifications under Section 50.016 of this
20-10 chapter, the department may not charge or collect a fee for issuing
20-11 the social worker certificate to that person>.
20-12 SECTION 12. Section 50.010, Human Resources Code, is amended
20-13 to read as follows:
20-14 Sec. 50.010. LICENSE RESTRICTIONS AND LIMITATIONS
20-15 <LIMITATION OF PRACTICE>. (a) Unless licensed <certified> under
20-16 this chapter or unless specifically exempted from its provisions, a
20-17 person may not:
20-18 (1) employ, use, cause to be used, or make use of any
20-19 of the following terms or any combinations, variations, or
20-20 abbreviations of the terms as a professional, business, or
20-21 commercial identification, title, name, representation, claim,
20-22 asset, or means of advantage or benefit: "<certified> social
20-23 worker," "licensed master <certified> social worker," "licensed
20-24 social worker," or <"registered certified social worker," "social
20-25 worker," "licensed social worker," "registered social worker,">
20-26 "social work associate<,>" <or "registered social work associate">;
20-27 or
21-1 (2) use a title that implies licensure or
21-2 certification in professional social work services <employ, use,
21-3 cause to be used, or make use of any letter, abbreviation, word,
21-4 symbol, slogan, sign, or any combination or variation of them that
21-5 tends or is likely to create any impression with a member of the
21-6 public that a person is qualified or authorized to practice social
21-7 work or is a certified social worker, social worker, or social work
21-8 associate, unless appropriately certified under and practicing in
21-9 accordance with this chapter>.
21-10 (b) A person, firm, partnership, association, corporation,
21-11 business, or professional entity that does or offers or attempts to
21-12 do an act prescribed by Subsection (a) of this section is engaged
21-13 in the practice of professional social work.
21-14 SECTION 13. Section 50.011, Human Resources Code, is amended
21-15 to read as follows:
21-16 Sec. 50.011. Professional Identification. A person licensed
21-17 <certified> by the board <department> in accordance with this
21-18 chapter shall, in the professional use of the person's <his> name
21-19 or any sign, directory, listing, contract, document, pamphlet,
21-20 stationery, letterhead, advertisement, signature, or other means of
21-21 professional identification, written or printed, use the following
21-22 legally required identifications:
21-23 (1) if licensed <certified> as a licensed master
21-24 <certified> social worker, the words "licensed master <certified>
21-25 social worker" or the initials "L.M.S.W." <"C.S.W.">;
21-26 (2) if licensed <certified> as a licensed social
21-27 worker, the words "licensed social worker" or the initials
22-1 "L.S.W."; or
22-2 (3) if licensed <certified> as a social work
22-3 associate, the words "social work associate" or the initials
22-4 "S.W.A."
22-5 SECTION 14. Section 50.012, Human Resources Code, is amended
22-6 to read as follows:
22-7 Sec. 50.012. Public Representations. A firm, partnership,
22-8 association, corporation, or other business or professional entity
22-9 may not hold itself or another out to the public as being engaged
22-10 in the work or practice of social work or offering social work
22-11 services under an assumed, trade, business, professional,
22-12 partnership, or corporate name or title or employ, use, cause to be
22-13 used, or make use of, directly or indirectly or in any manner, the
22-14 words or terms "social work," "social work services," "social work,
22-15 inc.," "professional social workers," "licensed <certified> social
22-16 workers," "licensed master social workers," "social work
22-17 associate," "L.M.S.W.," "L.S.W.," "S.W.A.," <"social work
22-18 associates," "C.S.W.," "S.W.A.,"> or any combinations,
22-19 abbreviations, or variations of any of these or in combination with
22-20 any other words, letters, initials, signs, legends, or symbols on,
22-21 in, or as a part of, directly or indirectly, any sign, directory,
22-22 listing, contract, document, pamphlet, stationery, letterhead,
22-23 advertisement, signature, trade name, assumed name, or corporate or
22-24 other business or professional name, unless the firm, partnership,
22-25 association, corporation, or other business or professional entity
22-26 is actually and actively engaged in the practice of social work or
22-27 is actually and actively performing social work services, and
23-1 unless the services performed by it which constitute the practice
23-2 of social work are either personally performed or done by a
23-3 <certified> social worker<, social worker, or social work
23-4 associate> practicing in accordance with this chapter or under the
23-5 supervision <general direction> of a licensed <certified> social
23-6 worker or licensed master social worker.
23-7 SECTION 15. Section 50.013, Human Resources Code, is amended
23-8 to read as follows:
23-9 Sec. 50.013. Applications. An application for licensure
23-10 <certification> under this chapter shall be on a form prescribed
23-11 and furnished by the board <department> and shall contain
23-12 statements made under oath setting forth in detail the applicant's
23-13 education, experience, and other information as required by the
23-14 board <department> that qualify the applicant for a license
23-15 <certificate> under this chapter. No person is eligible for a
23-16 license <certificate> provided under this chapter unless the person
23-17 <he> is at least 18 years of age and worthy of the public trust and
23-18 confidence.
23-19 SECTION 16. Section 50.014, Human Resources Code, is amended
23-20 to read as follows:
23-21 Sec. 50.014. Examinations. (a) At least once each calendar
23-22 year the board <department> shall prepare and administer an
23-23 examination to determine the qualifications of applicants for
23-24 licenses <certificates> under this chapter. Examinations shall be
23-25 conducted in the manner the board <department> determines and in a
23-26 manner that is fair and impartial to all individuals and to every
23-27 school or system of social work. Applicants shall be known to the
24-1 examiners only by numbers until after the general averages of the
24-2 applicants in a class have been determined and licenses
24-3 <certificates> have been granted or refused. The scope and content
24-4 of examinations shall be sufficient to ensure professional efficacy
24-5 and competence in keeping with the highest standards of the social
24-6 work profession. The board shall have the written portion of the
24-7 examination, if any, validated by an independent testing entity.
24-8 (b) On satisfactory completion of all requirements of the
24-9 examination conducted by the board <department>, an applicant may
24-10 be granted a license <certificate> as a licensed master <certified>
24-11 social worker, licensed social worker, or social work associate as
24-12 the board <department> determines.
24-13 (c) The board by rule shall establish:
24-14 (1) a limit on the number of times an applicant who
24-15 fails an examination may retake the examination;
24-16 (2) requirements for retaking an examination; and
24-17 (3) alternative methods of examining competency <An
24-18 applicant who fails an examination may be reexamined at a
24-19 subsequent time on payment of the required fees. An applicant may
24-20 be reexamined only three times for the same certificate>.
24-21 (d) If requested by a person who fails the examination for a
24-22 license <certificate>, the board <department> shall furnish to the
24-23 person an analysis of the person's performance on the examination.
24-24 (e) Not later than the 30th day after the day on which a
24-25 licensing <certification> examination is administered under this
24-26 chapter, the board <department> shall notify each examinee of the
24-27 results of the examination. However, if an examination is graded
25-1 or reviewed by a national testing service, the board <department>
25-2 shall notify examinees of the results of the examination not later
25-3 than the 14th day after the day on which the board <department>
25-4 receives the results from the testing service. If the notice of
25-5 the examination results will be delayed for longer than 90 days
25-6 after the examination date, the board <department> shall notify the
25-7 examinee of the reason for the delay before the 90th day.
25-8 SECTION 17. Section 50.015, Human Resources Code, is amended
25-9 to read as follows:
25-10 Sec. 50.015. LICENSED MASTER <CERTIFIED> SOCIAL WORKER. The
25-11 board <(a) Until December 31, 1985, the department> shall
25-12 consider <the following as minimum evidence that an applicant is
25-13 qualified to be examined for a certificate as a certified social
25-14 worker:>
25-15 <(1)> a doctoral degree in social work or master's
25-16 degree in social work from a <an accredited> graduate program
25-17 accredited <approved> by the Council on Social Work Education
25-18 <department;>
25-19 <(2) a doctoral degree or master's degree not in
25-20 social work from an accredited program approved by the department
25-21 and the successful completion of two years' actual and active
25-22 social work experience approved by the department; or>
25-23 <(3) a baccalaureate degree in social work or a
25-24 related field from an educational program approved by the
25-25 department and the successful completion of five years' actual and
25-26 active social work experience approved by the department; or>
25-27 <(4) a baccalaureate degree not in social work or a
26-1 related field from an educational institution approved by the
26-2 department and the successful completion of 10 years' actual and
26-3 active social work experience approved by the department.>
26-4 <(b) After December 31, 1985, the department shall consider
26-5 only the qualifications prescribed by Subdivision (1) of Subsection
26-6 (a) of this section> as minimum evidence that an applicant is
26-7 qualified to be examined for a license <certificate> as a licensed
26-8 master <certified> social worker.
26-9 SECTION 18. Section 50.016, Human Resources Code, is amended
26-10 to read as follows:
26-11 Sec. 50.016. LICENSED SOCIAL WORKER. The board <(a) Until
26-12 December 31, 1985, the department> shall consider <the following as
26-13 minimum evidence that an applicant is qualified to be examined for
26-14 a certificate as a social worker:>
26-15 <(1)> a baccalaureate degree in social work from an
26-16 educational program accredited <approved> by the Council on Social
26-17 Work Education <department;>
26-18 <(2) a baccalaureate degree not in social work from an
26-19 educational institution approved by the department and the
26-20 successful completion of five years' actual and active social work
26-21 experience approved by the department;>
26-22 <(3) an associate degree from an educational
26-23 institution approved by the department and the successful
26-24 completion of 10 years' actual and active social work experience
26-25 approved by the department; or>
26-26 <(4) a high school diploma or its substantial
26-27 equivalent as determined by the department and the successful
27-1 completion of 15 years' actual and active social work experience
27-2 approved by the department.>
27-3 <(b) After December 31, 1985, the department shall consider
27-4 only the qualifications prescribed by Subdivision (1) of Subsection
27-5 (a) of this section> as minimum evidence that an applicant is
27-6 qualified to be examined for a license <certificate> as a licensed
27-7 social worker.
27-8 SECTION 19. Section 50.017, Human Resources Code, is amended
27-9 to read as follows:
27-10 Sec. 50.017. Social Work Associate. <(a)> The board
27-11 <department> shall consider the following as minimum evidence that
27-12 an applicant is qualified to be examined for a license
27-13 <certificate> as a social work associate:
27-14 (1) a baccalaureate degree from an accredited
27-15 educational institution and the additional satisfactory completion
27-16 of a reasonable specified number of years of actual and active
27-17 social work experience approved by the board <department>; or
27-18 (2) an associate of arts degree in the behavioral
27-19 sciences as determined by the board from an accredited educational
27-20 institution and the additional satisfactory completion of a
27-21 reasonable specified number of years of actual and active social
27-22 work experience approved by the board <department; or>
27-23 <(3) a high school diploma or its substantial
27-24 equivalent as determined by the department and the satisfactory
27-25 completion of a specified number of years of actual and active
27-26 social work experience approved by the department>.
27-27 SECTION 20. Section 50.018, Human Resources Code, is amended
28-1 to read as follows:
28-2 Sec. 50.018. Experience Evaluation. In determining the
28-3 credibility and acceptability of an applicant's professional or
28-4 technical experience or competence, the board <department> may
28-5 require documentary evidence of the quality, scope, and nature of
28-6 the experience and competence as necessary to ensure public safety,
28-7 health, and welfare.
28-8 SECTION 21. Section 50.019, Human Resources Code, is amended
28-9 to read as follows:
28-10 Sec. 50.019. TEMPORARY LICENSE <Provisional Certificate>.
28-11 Prior to examination, an applicant for licensure may obtain a
28-12 temporary license as long as the applicant meets all the
28-13 requirements, except examination, as prescribed in this chapter for
28-14 the level of license sought. The temporary license is valid until
28-15 the results of the first qualifying written examination are
28-16 available <(a) Until December 31, 1985, a person who, in the
28-17 judgment of the department, meets the requirements of this chapter
28-18 may be issued the appropriate certificate, as the department shall
28-19 determine, without examination, on application to the department in
28-20 the form and content that it may require and on payment of the fee
28-21 for the original issue of a certificate as established by the
28-22 department in accordance with this chapter.>
28-23 <(b) After December 31, 1985, a person who has some of the
28-24 work experience requirements for examination in Section 50.015 or
28-25 50.016 of this chapter may, after completion of the required work
28-26 experience, be issued the appropriate certificate without
28-27 examination if:>
29-1 <(1) the person has at least one-half of the work
29-2 experience prescribed by Section 50.015 or 50.016 of this chapter
29-3 by December 31, 1985;>
29-4 <(2) the person notifies the department not later than
29-5 December 31, 1985, of the person's intention to apply for a
29-6 certificate without examination; and>
29-7 <(3) the department determines that the work
29-8 experience is satisfactory>.
29-9 SECTION 22. Section 50.020, Human Resources Code, is amended
29-10 to read as follows:
29-11 Sec. 50.020. PRIVATE PRACTICE. (a) The board <department>
29-12 shall establish procedures for the recognition of persons qualified
29-13 for the private, independent practice of social work and publish or
29-14 cause to be published a roster of qualified persons. Minimum
29-15 qualifications for recognition shall include:
29-16 (1) licensure <certification> as a licensed master
29-17 <certified> social worker under this chapter; and <or>
29-18 (2) a number of years of acceptable social work
29-19 experience as determined by the board <department>.
29-20 (b) A licensed social worker or social work associate will
29-21 not be eligible for recognition as being qualified to practice
29-22 social work as a private, independent practitioner.
29-23 SECTION 23. Section 50.021, Human Resources Code, is amended
29-24 to read as follows:
29-25 Sec. 50.021. Revocation and Suspension. (a) The board
29-26 shall revoke or suspend <department may refuse to issue or to
29-27 renew> a license <certificate> or order of recognition, <may> place
30-1 on probation a person whose license <certificate> or order of
30-2 recognition has been suspended, or <may> reprimand a person with a
30-3 license <certificate> or order of recognition<, or may revoke or
30-4 suspend a certificate or order of recognition issued under this
30-5 chapter> for any of the following reasons:
30-6 (1) violating a provision of this chapter or a rule of
30-7 the board <department>;
30-8 (2) circumventing or attempting to circumvent this
30-9 chapter or a rule of the board <department>;
30-10 (3) participating, directly or indirectly, in a plan,
30-11 scheme, or arrangement attempting or having as its purpose the
30-12 evasion of this chapter or a rule of the board <department>;
30-13 (4) engaging in unethical conduct;
30-14 (5) engaging in conduct which discredits or tends to
30-15 discredit the profession of social work;
30-16 (6) performing an act, allowing an omission, or making
30-17 an assertion or representation that is fraudulent, deceitful, or
30-18 misleading or that in any manner tends to create a misleading
30-19 impression;
30-20 (7) knowingly associating with or permitting or
30-21 allowing the use of any licensed <certified> person's professional
30-22 services or professional identification in a project or enterprise
30-23 that the person knows or with the exercise of reasonable diligence
30-24 should know is a practice that violates this chapter or a rule of
30-25 the board <department> pertaining to the practice of social work;
30-26 (8) knowingly associating with or permitting the use
30-27 of a licensed <certified> person's name, professional services,
31-1 professional identification, or endorsement in connection with a
31-2 venture or enterprise that the person knows or with the exercise of
31-3 reasonable diligence should know is a trade, business, or
31-4 professional practice of a fraudulent, deceitful, misleading, or
31-5 dishonest nature;
31-6 (9) revealing, directly or indirectly, or causing to
31-7 be revealed a confidential communication transmitted to the
31-8 licensed <certified> person by a client or recipient of his
31-9 services except as may be required by law;
31-10 (10) having a certificate or a license to practice
31-11 social work in another jurisdiction denied, suspended, or revoked
31-12 for reasons or causes the board <department> finds would constitute
31-13 a violation of this chapter or a rule pertaining to the practice of
31-14 social work adopted by the board <department>;
31-15 (11) having been convicted of a felony in an American
31-16 jurisdiction; or
31-17 (12) refusing to do or perform any act or service for
31-18 which the person is licensed <certified> under this chapter solely
31-19 on the basis of the recipient's age, sex, race, religion, national
31-20 origin, color, or political affiliation.
31-21 (b) If a license or order of recognition suspension is
31-22 probated, the board may require the probationer to:
31-23 (1) report regularly to the board on matters that are
31-24 the basis of the probation;
31-25 (2) limit practice to the areas prescribed by the
31-26 board; or
31-27 (3) continue or review continuing professional
32-1 education until the probationer attains a degree of skill
32-2 satisfactory to the board in those areas that are the basis of the
32-3 probation.
32-4 SECTION 24. Section 50.022, Human Resources Code, is amended
32-5 to read as follows:
32-6 Sec. 50.022. Disciplinary Proceedings. (a) A proceeding
32-7 under Section 50.021 <of this chapter> begins when a charge is
32-8 filed with the department and referred to the board in writing and
32-9 under oath. The charge may be made by any person.
32-10 (b) A person is entitled to notice and a hearing before the
32-11 State Office of Administrative Hearings before a sanction is
32-12 imposed under Section 50.021.
32-13 <(c) The department may rule that the order revoking or
32-14 suspending a certificate or order of recognition be probated so
32-15 long as the probationer conforms to the orders and rules that the
32-16 department sets out as the terms of probation. The department, at
32-17 the time of probation, shall set out the period of time that
32-18 constitutes the probationary period. The department may at any
32-19 time while the probationer remains on probation hold a hearing and
32-20 on majority vote rescind the probation and enforce the department's
32-21 original action in revoking or suspending the certificate or order
32-22 of recognition.>
32-23 <(d) The department shall provide for notice and an
32-24 opportunity to appeal from disciplinary proceedings.> Disciplinary
32-25 proceedings and the appeals from the proceedings are governed by
32-26 the Administrative Procedure and Texas Register Act, as amended
32-27 (Article 6252-13a, Vernon's Texas Civil Statutes). The board by
33-1 rule shall adopt a broad schedule of sanctions for violations under
33-2 this chapter. The State Office of Administrative Hearings shall
33-3 use the schedule for any sanction imposed as the result of a
33-4 hearing conducted by that office.
33-5 <(e) The department shall keep an information file on each
33-6 complaint or charge filed. During the consideration of a charge
33-7 filed under this section and until the charge is finally resolved,
33-8 all parties shall be informed monthly in writing as to the status
33-9 of the complaint.>
33-10 SECTION 25. Chapter 50, Human Resources Code, is amended by
33-11 adding Sections 50.0221 through 50.0224 to read as follows:
33-12 Sec. 50.0221. COMPLAINT PROCEDURE IN GENERAL. (a) The
33-13 board shall keep an information file about each complaint filed
33-14 with the department and referred to the board. The board's
33-15 information file shall be kept current and contain a record for
33-16 each complaint of:
33-17 (1) all persons contacted in relation to the
33-18 complaint;
33-19 (2) a summary of findings made at each step of the
33-20 complaint process;
33-21 (3) an explanation of the legal basis and reason for a
33-22 complaint that is dismissed; and
33-23 (4) other relevant information.
33-24 (b) If a written complaint is referred to the board that the
33-25 board has the authority to resolve, the board, at least as
33-26 frequently as quarterly and until final disposition of the
33-27 complaint, shall notify the parties to the complaint of the status
34-1 of the complaint unless the notice would jeopardize an undercover
34-2 investigation.
34-3 (c) The board by rule shall adopt a form to standardize
34-4 information concerning complaints made to the board. The board by
34-5 rule shall prescribe information to be provided to a person when
34-6 the person files a complaint with the board.
34-7 (d) The board shall provide reasonable assistance to a
34-8 person who wishes to file a complaint with the board.
34-9 Sec. 50.0222. COMPLAINT INVESTIGATION AND DISPOSITION.
34-10 (a) The board shall adopt rules concerning the investigation of a
34-11 complaint filed with the department and referred to the board. The
34-12 rules adopted under this subsection shall:
34-13 (1) distinguish between categories of complaints;
34-14 (2) ensure that complaints are not dismissed without
34-15 appropriate consideration;
34-16 (3) require that the board be advised of a complaint
34-17 that is dismissed and that a letter be sent to the person who filed
34-18 the complaint explaining the action taken on the dismissed
34-19 complaint;
34-20 (4) ensure that the person who filed the complaint has
34-21 an opportunity to explain the allegations made in the complaint;
34-22 and
34-23 (5) prescribe guidelines concerning the categories of
34-24 complaints that require the use of a private investigator and the
34-25 procedures for the board to obtain the services of a private
34-26 investigator.
34-27 (b) The board shall dispose of all complaints in a timely
35-1 manner. The board shall establish a schedule for conducting each
35-2 phase of a complaint that is under the control of the board not
35-3 later than the 30th day after the date the complaint is received by
35-4 the board. The schedule shall be kept in the information file for
35-5 the complaint and all parties shall be notified of the projected
35-6 time requirements for pursuing the complaint. A change in the
35-7 schedule must be noted in the complaint information file and all
35-8 parties to the complaint must be notified not later than the
35-9 seventh day after the date the change is made.
35-10 (c) The executive director for the board shall notify the
35-11 board of a complaint that extends beyond the time prescribed by the
35-12 board for resolving the complaint so that the board may take
35-13 necessary action on the complaint.
35-14 Sec. 50.0223. INFORMAL PROCEEDINGS. (a) The board by rule
35-15 shall adopt procedures governing:
35-16 (1) informal disposition of a contested case under
35-17 Section 13(e), Administrative Procedure and Texas Register Act
35-18 (Article 6252-13a, Vernon's Texas Civil Statutes); and
35-19 (2) informal proceedings held in compliance with
35-20 Section 18(c), Administrative Procedure and Texas Register Act
35-21 (Article 6252-13a, Vernon's Texas Civil Statutes).
35-22 (b) Rules adopted under this section must provide the
35-23 complainant and the license or order of recognition holder an
35-24 opportunity to be heard and must require the presence of a
35-25 representative of the department's legal staff or the attorney
35-26 general's office to advise the board or board's employees.
35-27 Sec. 50.0224. MONITORING OF LICENSE OR ORDER OF RECOGNITION
36-1 HOLDER. The board by rule shall develop a system for monitoring
36-2 license or order of recognition holders' compliance with the
36-3 requirements of this Act. Rules adopted under this section shall
36-4 include procedures for monitoring a license or order of recognition
36-5 holder who is ordered by the board to perform certain acts to
36-6 ascertain that the license or order of recognition holder performs
36-7 the required acts and to identify and monitor license or order of
36-8 recognition holders who represent a risk to the public.
36-9 SECTION 26. Section 50.023, Human Resources Code, is amended
36-10 to read as follows:
36-11 Sec. 50.023. Expiration and Renewal. (a) The board
36-12 <department> by rule shall adopt a system under which licenses
36-13 <certificates> or orders of recognition issued under this chapter
36-14 expire on various dates during the year, and the dates for renewal
36-15 shall be adjusted accordingly. A person may renew an expired
36-16 license <On renewal of the certificate> or order of recognition by
36-17 paying to the department before <or on> the expiration date of the
36-18 license or order the required<, the total> renewal fee <is
36-19 payable>.
36-20 (b) Not later than 30 days before the expiration date, the
36-21 board <department> shall notify in writing each person licensed
36-22 <certified> of the date of the expiration of a license
36-23 <certificate> or order of recognition issued to the person at the
36-24 person's last known address according to the records of the board
36-25 <him, the amount of the fee for renewal, and the continuing
36-26 education provisions that are required for its renewal for one
36-27 year. The department shall attempt to obtain from the person a
37-1 signed receipt confirming receipt of the notice>.
37-2 (c) If a person's license or certificate or order of
37-3 recognition has been expired for <not longer than> 90 days or less,
37-4 the person may renew the license <certificate> or order of
37-5 recognition by paying to the department the required renewal fee
37-6 and a fee that is one-half of the examination fee for the license
37-7 <certificate>.
37-8 (d) If a person's license or certificate or order of
37-9 recognition has been expired for longer than 90 days but less than
37-10 one year <two years>, the person may renew the license
37-11 <certificate> or order of recognition by paying to the department
37-12 all unpaid renewal fees and a fee that is equal to the examination
37-13 fee for the license <certificate>.
37-14 (e) If a person's license or certificate or order of
37-15 recognition has been expired for one year <two years> or longer,
37-16 the person may not renew the license <certificate> or order of
37-17 recognition. The person may obtain a new license <certificate> or
37-18 order of recognition by submitting to reexamination, if an
37-19 examination was originally required, and complying with the
37-20 requirements and procedures for obtaining an original license or
37-21 certificate or order of recognition. However, the board may renew
37-22 without reexamination an expired license or certificate or order of
37-23 recognition of a person who was licensed in this state, moved to
37-24 another state, and is currently licensed or certified and has been
37-25 in practice in the other state for the two years preceding
37-26 application. The person must pay to the department a fee that is
37-27 equal to the examination fee for the license or order of
38-1 recognition.
38-2 SECTION 27. Section 50.024, Human Resources Code, is amended
38-3 to read as follows:
38-4 Sec. 50.024. SPECIALTY <DEPARTMENT> REGULATION. (a) The
38-5 board <department> may establish, within the scope of social work
38-6 and this chapter, specifically designed areas of specialty work
38-7 service or practice for those persons licensed <certified> and in
38-8 good standing as licensed master <certified social workers or>
38-9 social workers. The basis for board <department> action in
38-10 establishing a social work specialty shall be founded in the public
38-11 interest and necessity and for the purpose of practicing, aiding,
38-12 and assisting the public in identifying those persons in the
38-13 professions qualified to practice or perform specialty services.
38-14 (b) In establishing a specialty service or practice, the
38-15 board <department> shall define the scope of the specialty,
38-16 establish standards of special qualifications for the specialty
38-17 workers or practitioners that will accurately and truly describe
38-18 the parameters of the specialty and the use of which will be
38-19 prohibited to those who have not satisfied the board's
38-20 <department's> requirements for qualification in the specialty,
38-21 adopt rules of conduct for specialty practitioners that will ensure
38-22 strict compliance with and enforcement of this chapter, and adopt
38-23 rules for suspending or revoking the order of recognition in the
38-24 specialty.
38-25 (c) A specialty may not be authorized for the private
38-26 practice of social work except for those persons licensed
38-27 <certified> as licensed master <certified> social workers under
39-1 this chapter meeting the minimum number of years of actual and
39-2 active social work practice with appropriate supervision and
39-3 examination as determined by the board <department>. However, the
39-4 board <department> may not establish any specialty or specialty
39-5 identification in conflict with any licensing law of this state.
39-6 (d) The board shall establish a social work specialty for
39-7 those persons qualified for the practice of clinical social work.
39-8 Use of the title "Advanced Clinical Practitioner" or the initials
39-9 "A.C.P." shall be restricted to those persons who have qualified
39-10 for the practice of clinical social work under this chapter. A
39-11 specialty may not be authorized for the practice of clinical social
39-12 work except for those persons licensed as licensed master social
39-13 workers under this chapter meeting the minimum number of years of
39-14 actual and active social work practice with appropriate supervision
39-15 and clinical examination as determined by the board.
39-16 (e) Persons recognized as being qualified for the practice
39-17 of clinical social work pursuant to the provisions of this section
39-18 shall, for the purposes of Article 21.52, Insurance Code, as
39-19 amended, be authorized to use the title "advanced clinical
39-20 practitioner" or any other title approved by the board and said
39-21 other title shall mean the same as and be equivalent to, for any
39-22 and all purposes whatsoever, the title "advanced clinical
39-23 practitioner" as used in Article 21.52, Insurance Code, as amended.
39-24 SECTION 28. Section 50.025, Human Resources Code, is amended
39-25 to read as follows:
39-26 Sec. 50.025. Limitations. After the effective date of an
39-27 order of the board <department> establishing areas of specialty
40-1 service or practice, a licensed master <certified> social worker or
40-2 licensed social worker may not make use of a specialty professional
40-3 identification or title designated by the board <department> until
40-4 the person has qualified and been recognized by the board
40-5 <department> as worthy of the public trust in performing services
40-6 within the scope of the specialty.
40-7 SECTION 29. Section 50.026, Human Resources Code, is amended
40-8 to read as follows:
40-9 Sec. 50.026. Recognition Order. After a licensed master
40-10 <certified> social worker <or social worker> has met all
40-11 requirements of the board <department> for recognition in a
40-12 specialty established by the board <department>, the board
40-13 <department> shall recognize the person as so qualified. The
40-14 recognition shall be evidenced by an order of recognition of
40-15 specialty of a name, design, and content as the board <department>
40-16 shall determine, setting forth the full name of the person,
40-17 official specialty serial number, the signature of the presiding
40-18 officer <commissioner and the chairman> of the board <council>, and
40-19 the board's <department's> official seal. Issue of the order of
40-20 recognition of specialty shall be evidence that the person to whom
40-21 it is issued has been recognized by this state as a specialty
40-22 social work practitioner under the name or title designated by the
40-23 board <department>.
40-24 SECTION 30. Section 50.027, Human Resources Code, is amended
40-25 to read as follows:
40-26 Sec. 50.027. Expiration. The board <department> by rule
40-27 shall adopt a system under which orders of recognition of specialty
41-1 practice expire on various dates during the year, and the dates for
41-2 renewal shall be adjusted accordingly. On renewal of the specialty
41-3 order of recognition on the expiration date, the total specialty
41-4 order of recognition renewal fee is payable.
41-5 SECTION 31. Section 50.028, Human Resources Code, is amended
41-6 to read as follows:
41-7 Sec. 50.028. Violations. A person who violates this chapter
41-8 or a rule of the board <department> pertaining to the practice of
41-9 social work is subject to a civil penalty of not less than $50 nor
41-10 more than $500 for each day of violation.
41-11 SECTION 32. Section 50.029, Human Resources Code, is amended
41-12 to read as follows:
41-13 Sec. 50.029. INJUNCTIVE RELIEF <ENFORCEMENT>. (a) When it
41-14 appears that a person has violated or is violating or is
41-15 threatening to violate this chapter or a rule or order of the board
41-16 <department> pertaining to social work, the board or department may
41-17 cause a civil suit to be instituted in a district court for
41-18 injunctive relief to restrain the continued violation or threat of
41-19 violation or for the assessment and recovery of the civil penalty,
41-20 as the court may consider proper, or for both injunctive relief and
41-21 civil penalty. On application for injunctive relief and a finding
41-22 that a person is violating or threatening to violate this chapter
41-23 or a rule, variance, or order of the board or department, the
41-24 district court may grant the injunctive relief that the facts
41-25 warrant.
41-26 (b) At the request of the board or department, the attorney
41-27 general shall institute and conduct a suit in the name of this
42-1 state for injunctive relief or to recover the civil penalty or for
42-2 both injunctive relief and penalty, as authorized in Subsection (a)
42-3 <of this section>.
42-4 SECTION 33. Section 50.030, Human Resources Code, is amended
42-5 to read as follows:
42-6 Sec. 50.030. FUNDS <APPROPRIATION>. <For the biennium
42-7 ending August 31, 1983, the funds received in the social workers
42-8 fund are appropriated to the department to be expended by it in the
42-9 administration of this chapter.> To the extent applicable, the
42-10 general rules of the General Appropriations Act apply to the
42-11 expenditure of funds under an <this> appropriation.
42-12 SECTION 34. Section 50.031, Human Resources Code, is amended
42-13 to read as follows:
42-14 Sec. 50.031. Grants. The board or department may
42-15 <department is hereby empowered and authorized to> take all action
42-16 necessary to qualify for, accept, and receive funds or grants made
42-17 available by the United States or an agency of the United States,
42-18 by this state or any agency of this state, or by a private
42-19 foundation or other source for the establishment and maintenance of
42-20 programs of continuing education.
42-21 SECTION 35. Section 50.032, Human Resources Code, is amended
42-22 to read as follows:
42-23 Sec. 50.032. ENDORSEMENT <Reciprocity>. (a) The board
42-24 <department> may, on application and payment of the appropriate
42-25 fee, grant a provisional license to a <certify as a certified
42-26 social worker,> social worker<,> or social work associate <a
42-27 person> who is appropriately certified or licensed by another
43-1 state, territory, or possession of the United States if the
43-2 requirements of that state, territory, or possession for the
43-3 certificate or license are the substantial equivalent of the
43-4 requirements of this chapter as determined by the board
43-5 <department>. An applicant for a provisional license under this
43-6 section must:
43-7 (1) be licensed in good standing as a social worker or
43-8 social work associate in another state, the District of Columbia,
43-9 or a territory of the United States that has license requirements
43-10 that are substantially equivalent to the requirements of this
43-11 chapter;
43-12 (2) have passed a national or other examination
43-13 recognized by the board relating to social work; and
43-14 (3) be sponsored by a person licensed by the board
43-15 under this chapter with whom the provisional license holder may
43-16 practice under this section.
43-17 (b) An applicant for a provisional license may be excused
43-18 from the requirement of Subsection (a)(3) if the board determines
43-19 that compliance with that subsection constitutes a hardship to the
43-20 applicant.
43-21 (c) A provisional license is valid until the date the board
43-22 approves or denies the provisional license holder's application for
43-23 a license. The board shall issue a license under this chapter to
43-24 the holder of a provisional license under this section if:
43-25 (1) the provisional license holder passes the
43-26 examination required by Section 50.014;
43-27 (2) the board verifies that the provisional license
44-1 holder has the academic and experience requirements for a license
44-2 under this chapter; and
44-3 (3) the provisional license holder satisfies any other
44-4 license requirements under this chapter.
44-5 (d) The board must complete the processing of a provisional
44-6 license holder's application for a license not later than the 180th
44-7 day after the date the provisional license is issued or at the time
44-8 licenses are issued following the successful completion of the
44-9 examination, whichever is later.
44-10 (e) <(b)> The board <department> may waive any licensure
44-11 <certification> requirement for an applicant with a valid
44-12 certificate or license from another state with which the State of
44-13 Texas has a reciprocity agreement.
44-14 SECTION 36. Section 50.033, Human Resources Code, is amended
44-15 to read as follows:
44-16 Sec. 50.033. EMPLOYMENT OF SOCIAL WORKER. Nothing in this
44-17 chapter shall be construed as requiring the employment of a
44-18 licensed <certified> social worker, <a social worker, or> a social
44-19 work associate, or a licensed master social worker by any public
44-20 agency or private employer. As used in this section, private
44-21 employer includes but is not limited to a nonprofit corporation.
44-22 SECTION 37. Section 50.034, Human Resources Code, is amended
44-23 to read as follows:
44-24 Sec. 50.034. Continuing Education. (a) The board by rule
44-25 shall establish mandatory <department may recognize, prepare, or
44-26 administer> continuing education requirements <programs> for
44-27 licensed master <certified> social workers, licensed social
45-1 workers, and social work associates licensed <certified> under this
45-2 chapter<. Participation in the programs is voluntary>.
45-3 (b) The board by rule shall establish a minimum number of
45-4 hours of continuing education required to renew a license or order
45-5 of recognition under this chapter. The board may assess the
45-6 continuing education needs of license or order of recognition
45-7 holders and may require license or order of recognition holders to
45-8 attend continuing education courses specified by the board. The
45-9 board by rule shall develop a process to evaluate and approve
45-10 continuing education courses.
45-11 (c) The board shall identify the key factors for the
45-12 competent performance by a license or order of recognition holder
45-13 of the license or order of recognition holder's professional
45-14 duties. The board shall adopt a procedure to assess a license or
45-15 order of recognition holder's participation in continuing education
45-16 programs.
45-17 SECTION 38. Subsection (B), Section 2, Chapter 397, Acts of
45-18 the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas
45-19 Insurance Code), is amended to read as follows:
45-20 (B) No policy of accident and sickness insurance shall make
45-21 benefits contingent upon treatment or examination by a particular
45-22 practitioner or by particular practitioners of the healing arts
45-23 hereinafter designated unless such policy contains a provision
45-24 designating the practitioner or practitioners who will be
45-25 recognized by the insurer and those who will not be recognized by
45-26 the insurer. Such provision may be located in the "Exceptions" or
45-27 "Exceptions and Reductions" provisions, or elsewhere in the policy,
46-1 or by endorsement attached to the policy, at the insurer's option.
46-2 In designating the practitioners who will and will not be
46-3 recognized, such provision shall use the following terms: Doctor
46-4 of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
46-5 Chiropractic, Doctor of Optometry, Doctor of Podiatry, Audiologist,
46-6 Speech-language Pathologist, Doctor in Psychology, Licensed Master
46-7 <Certified> Social Worker--Advanced Clinical Practitioner, Licensed
46-8 Dietitian, Licensed Professional Counselor, and Licensed Marriage
46-9 and Family Therapist.
46-10 For purposes of this Act, such designations shall have the
46-11 following meanings:
46-12 Doctor of Medicine: One licensed by the Texas State Board of
46-13 Medical Examiners on the basis of the degree "Doctor of Medicine";
46-14 Doctor of Osteopathy: One licensed by the Texas State Board
46-15 of Medical Examiners on the basis of the degree of "Doctor of
46-16 Osteopathy";
46-17 Doctor of Dentistry: One licensed by the State Board of
46-18 Dental Examiners;
46-19 Doctor of Chiropractic: One licensed by the Texas Board of
46-20 Chiropractic Examiners;
46-21 Doctor of Optometry: One licensed by the Texas Optometry
46-22 Board;
46-23 Doctor of Podiatry: One licensed by the State Board of
46-24 Podiatry Examiners;
46-25 Audiologist: One with a master's or doctorate degree in
46-26 audiology from an accredited college or university and who is
46-27 certified by the American Speech-language and Hearing Association;
47-1 Speech-language Pathologist: One with a master's or
47-2 doctorate degree in speech pathology or speech-language pathology
47-3 from an accredited college or university and who is certified by
47-4 the American Speech-language and Hearing Association;
47-5 Doctor in Psychology: One licensed by the Texas State Board
47-6 of Examiners of Psychologists and certified as a Health Service
47-7 Provider;
47-8 Licensed Master <Certified> Social Worker--Advanced Clinical
47-9 Practitioner: One licensed <certified> by the Texas State Board of
47-10 Social Worker Examiners <Department of Human Services> as a
47-11 Licensed Master <Certified> Social Worker with the order of
47-12 recognition of Advanced Clinical Practitioner;
47-13 Licensed Dietitian: One licensed by the Texas State Board of
47-14 Examiners of Dietitians;
47-15 Licensed Professional Counselor: One licensed by the Texas
47-16 State Board of Examiners of Professional Counselors; and
47-17 Licensed Marriage and Family Therapist: One licensed by the
47-18 Texas State Board of Examiners of Marriage and Family Therapists.
47-19 SECTION 39. Sections 1 and 3, Article 21.52, Insurance Code,
47-20 as amended by Chapters 242 and 824, Acts of the 72nd Legislature,
47-21 Regular Session, 1991, are reenacted and amended to read as
47-22 follows:
47-23 Sec. 1. DEFINITIONS. As used in this article:
47-24 (a) "health insurance policy" means any individual,
47-25 group, blanket, or franchise insurance policy, insurance agreement,
47-26 or group hospital service contract, providing benefits for medical
47-27 or surgical expenses incurred as a result of an accident or
48-1 sickness;
48-2 (b) "doctor of podiatric medicine" includes D.P.M.,
48-3 podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
48-4 (c) "doctor of optometry" includes optometrist, doctor
48-5 of optometry, and O.D.;
48-6 (d) "doctor of chiropractic" means a person who is
48-7 licensed by the Texas Board of Chiropractic Examiners to practice
48-8 chiropractic;
48-9 (e) "licensed dentist" means a person who is licensed
48-10 to practice dentistry by the State Board of Dental Examiners;
48-11 (f) "audiologist" means a person who has received a
48-12 master's or doctorate degree in audiology from an accredited
48-13 college or university and is certified by the American
48-14 Speech-language and Hearing Association;
48-15 (g) "speech-language pathologist" means a person who
48-16 has received a master's or doctorate degree in speech-language
48-17 pathology from an accredited college or university and is
48-18 certified by the American Speech-language and Hearing Association
48-19 to restore speech loss or correct a speech impairment;
48-20 (h) "licensed master <certified> social
48-21 worker--advanced clinical practitioner" means a person who is
48-22 licensed <certified> by the Texas State Board of Social Worker
48-23 Examiners <Department of Human Services> as a licensed master
48-24 <certified> social worker with the order of recognition of advanced
48-25 clinical practitioner;
48-26 (i) "licensed dietitian" means a person who is
48-27 licensed by the Texas State Board of Examiners of Dietitians;
49-1 (j) "licensed professional counselor" means a person
49-2 who is licensed by the Texas State Board of Examiners of
49-3 Professional Counselors; <and>
49-4 (k) "psychologist" means a person licensed to practice
49-5 psychology by the Texas State Board of Examiners of Psychologists;
49-6 and<.>
49-7 (l) <(k)> "licensed marriage and family therapist"
49-8 means a person who is licensed by the Texas State Board of
49-9 Examiners of Marriage and Family Therapists.
49-10 Sec. 3. SELECTION OF PRACTITIONERS. Any person who is
49-11 issued, who is a party to, or who is a beneficiary under any health
49-12 insurance policy delivered, renewed, or issued for delivery in this
49-13 state by any insurance company, association, or organization to
49-14 which this article applies may select a licensed doctor of
49-15 podiatric medicine, a licensed dentist, or a doctor of chiropractic
49-16 to perform the medical or surgical services or procedures scheduled
49-17 in the policy which fall within the scope of the license of that
49-18 practitioner, a licensed doctor of optometry to perform the
49-19 services or procedures scheduled in the policy which fall within
49-20 the scope of the license of that doctor of optometry, an
49-21 audiologist to measure hearing for the purpose of determining the
49-22 presence or extent of a hearing loss and to provide aural
49-23 rehabilitation services to a person with a hearing loss if those
49-24 services or procedures are scheduled in the policy, a
49-25 speech-language pathologist to evaluate speech and language and to
49-26 provide habilitative and rehabilitative services to restore speech
49-27 or language loss or to correct a speech or language impairment if
50-1 those services or procedures are scheduled in the policy, a
50-2 licensed master <certified> social worker--advanced clinical
50-3 practitioner to provide the services that fall within the scope of
50-4 the license of such licensed <certified> practitioner and which are
50-5 specified as services within the terms of the policy of insurance,
50-6 including the provision of direct, diagnostic, preventive, or
50-7 clinical services to individuals, families, and groups whose
50-8 functioning is threatened or affected by social or psychological
50-9 stress or health impairment, if those services or procedures are
50-10 scheduled in the policy, a licensed dietitian including a
50-11 provisional licensed dietitian under a licensed dietitian's
50-12 supervision to provide the services that fall within the scope of
50-13 the license of that dietitian if those services are scheduled in
50-14 the policy, a licensed professional counselor to provide the
50-15 services that fall within the scope of the license of that
50-16 professional if those services are scheduled in the policy, or a
50-17 licensed marriage and family therapist to provide the services that
50-18 fall within the scope of the license of that professional if those
50-19 services are scheduled in the policy, or a psychologist to perform
50-20 the services or procedures scheduled in the policy that fall within
50-21 the scope of the license of that psychologist. The services of a
50-22 licensed master <certified> social worker--advanced clinical
50-23 practitioner, licensed professional counselor, or licensed marriage
50-24 and family therapist that are included in this Act may require a
50-25 professional recommendation by a doctor of medicine or doctor of
50-26 osteopathy unless the health insurance policy terms do not require
50-27 such a recommendation. The payment or reimbursement by the
51-1 insurance company, association, or organization for those services
51-2 or procedures in accordance with the payment schedule or the
51-3 payment provisions in the policy shall not be denied because the
51-4 same were performed by a licensed doctor of podiatric medicine, a
51-5 licensed doctor of optometry, a licensed doctor of chiropractic, a
51-6 licensed dentist, an audiologist, a speech-language pathologist, a
51-7 licensed master <certified> social worker--advanced clinical
51-8 practitioner, a licensed dietitian, a licensed professional
51-9 counselor, or a licensed marriage and family therapist, or a
51-10 psychologist. There shall not be any classification,
51-11 differentiation, or other discrimination in the payment schedule or
51-12 the payment provisions in a health insurance policy, nor in the
51-13 amount or manner of payment or reimbursement thereunder, between
51-14 scheduled services or procedures when performed by a doctor of
51-15 podiatric medicine, a doctor of optometry, a doctor of
51-16 chiropractic, a licensed dentist, an audiologist, a speech-language
51-17 pathologist, a licensed master <certified> social worker--advanced
51-18 clinical practitioner, a licensed dietitian, a licensed
51-19 professional counselor, or a licensed marriage and family
51-20 therapist, or a psychologist which fall within the scope of his
51-21 license or certification and the same services or procedures when
51-22 performed by any other practitioner of the healing arts whose
51-23 services or procedures are covered by the policy. Any provision in
51-24 a health insurance policy contrary to or in conflict with the
51-25 provisions of this article shall, to the extent of the conflict, be
51-26 void, but such invalidity shall not affect the validity of the
51-27 other provisions of this policy. Any presently approved policy
52-1 form containing any provision in conflict with the requirements of
52-2 this Act shall be brought into compliance with this Act by the use
52-3 of riders and endorsements which have been approved by the State
52-4 Board of Insurance or by the filing of new or revised policy forms
52-5 for approval by the State Board of Insurance.
52-6 SECTION 40. (a) As soon as possible after the effective
52-7 date of this Act, the governor shall appoint the initial members of
52-8 the Texas State Board of Social Worker Examiners in accordance with
52-9 this Act. In making the initial appointments, the governor shall
52-10 designate members to serve terms as follows:
52-11 (1) one member certified as a certified social worker
52-12 and eligible for licensure as a "licensed master social worker" who
52-13 holds an order of recognition as an "advanced clinical
52-14 practitioner" under this Act, one member certified as a social work
52-15 associate and eligible for licensure as a social work associate
52-16 under this Act, and one public member to serve for the terms
52-17 expiring January 31, 1995;
52-18 (2) one member certified as a certified social worker
52-19 and eligible for licensure as a "licensed master social worker" who
52-20 holds an order of recognition as an "advanced clinical
52-21 practitioner" under this Act, one member certified as a social
52-22 worker and eligible for licensure as a licensed social worker under
52-23 this Act, and one public member to serve for the terms expiring
52-24 January 31, 1997; and
52-25 (3) one member certified as a certified social worker
52-26 and eligible for licensure as a "licensed master social worker" who
52-27 may or may not hold an order of recognition as an "advanced
53-1 clinical practitioner" under this Act, one member certified as a
53-2 social worker and eligible for licensure as a licensed social
53-3 worker under this Act, and one public member to serve for the terms
53-4 expiring January 31, 1999.
53-5 (b) The Texas State Board of Social Worker Examiners may not
53-6 take any action and is not created until the day after the date
53-7 that the last appointee to the initial board takes office. On the
53-8 date of its creation, the board assumes its functions and:
53-9 (1) the Council for Social Work Certification is
53-10 abolished;
53-11 (2) the obligations, rights, contracts, equipment,
53-12 other property, personnel, and records of and the unspent money
53-13 appropriated to or for the Council for Social Work Certification in
53-14 the social worker fund are transferred to and for the Texas
53-15 Department of Health;
53-16 (3) the rules of the Council for Social Work
53-17 Certification and Department of Human Services regarding the
53-18 certification or licensure, recognition, and regulation of social
53-19 workers are continued in effect as rules of the Texas State Board
53-20 of Social Worker Examiners until superseded by rule of the new
53-21 board;
53-22 (4) the certificates and orders of recognition in
53-23 effect that were issued by the Council for Social Work
53-24 Certification and the Department of Human Services are continued in
53-25 effect as licenses and orders of recognition of the Texas State
53-26 Board of Social Worker Examiners as provided in this section;
53-27 (5) a complaint or investigation pending before the
54-1 Council for Social Work Certification or the Department of Human
54-2 Services is transferred without change in status to the Texas State
54-3 Board of Social Worker Examiners;
54-4 (6) a contested case pending before the Council for
54-5 Social Work Certification or the Department of Human Services is
54-6 transferred to the Texas State Board of Social Worker Examiners,
54-7 and actions taken in the proceeding are treated as if taken by the
54-8 Texas State Board of Social Worker Examiners; and
54-9 (7) any reference in a law to the Council for Social
54-10 Work Certification means the Texas State Board of Social Worker
54-11 Examiners.
54-12 (c) In order to effect a transition from the certification
54-13 of social workers to licensure:
54-14 (1) any qualified person certified in good standing as
54-15 of August 31, 1993, under the Social Work Certification Act as a
54-16 "certified social worker" shall, on the date of renewal of the
54-17 certificate and subsequent renewals, receive a license as a
54-18 "licensed master social worker" without examination under the
54-19 requirements in effect on or before August 31, 1993;
54-20 (2) any qualified person certified in good standing as
54-21 of August 31, 1993, under the Social Work Certification Act as a
54-22 "social worker" shall, on the date of renewal of the certificate
54-23 and subsequent renewals, receive a license as a "licensed social
54-24 worker" without examination under the requirements in effect on or
54-25 before August 31, 1993;
54-26 (3) any qualified person certified in good standing as
54-27 of August 31, 1993, under the Social Work Certification Act as a
55-1 "social work associate" shall, on the date of renewal of the
55-2 certificate and subsequent renewals, receive a license as a "social
55-3 work associate" without examination under the requirements in
55-4 effect on or before August 31, 1993;
55-5 (4) any qualified person certified in good standing as
55-6 of August 31, 1993, under the Social Work Certification Act as a
55-7 "certified social worker -- advanced clinical practitioner" shall,
55-8 on the date of renewal of the order of recognition and subsequent
55-9 renewals, be recognized as being qualified for the private,
55-10 independent practice of social work under this Act, without
55-11 examination under the requirements in effect on or before
55-12 August 31, 1993;
55-13 (5) any qualified person certified in good standing as
55-14 of August 31, 1993, under the Social Work Certification Act as a
55-15 "certified social worker -- advanced clinical practitioner" shall,
55-16 on the date of renewal of the order of recognition and subsequent
55-17 renewals, be recognized as being qualified for the practice of
55-18 clinical social work and the use of the authorized specialty
55-19 designation evidencing same under this Act without examination, and
55-20 on application pursuant to the provisions of this Act shall be so
55-21 recognized;
55-22 (6) any person with an application on file for
55-23 certification as a social work associate with the Department of
55-24 Human Services as of August 31, 1993, and who completes the
55-25 requirements in effect on the day the application was submitted
55-26 shall be licensed as a social work associate;
55-27 (7) any person with an application on file for
56-1 certification as a social worker with the Department of Human
56-2 Services as of August 31, 1993, and who completes the requirements
56-3 in effect on the day the application was submitted shall be
56-4 licensed as a licensed social worker;
56-5 (8) any person with an application on file for
56-6 certification as a certified social worker with the Department of
56-7 Human Services as of August 31, 1993, and who completes the
56-8 requirements in effect on the day the application was submitted
56-9 shall be licensed as a licensed master social worker; and
56-10 (9) any qualified person who satisfies the
56-11 requirements of Section 17 of this Act and who has been
56-12 continuously engaged in the teaching of social work in an
56-13 institution of higher education in this or another state for not
56-14 less than five years immediately prior to the effective date of
56-15 this Act shall, on application filed with the board not later than
56-16 September 1, 1994, be licensed as a licensed master social worker
56-17 without examination.
56-18 (d) The Texas State Board of Social Worker Examiners shall
56-19 adopt rules under this Act not later than March 1, 1994.
56-20 SECTION 41. On or after January 1, 1994, the State Office of
56-21 Administrative Hearings shall assume responsibility for hearings
56-22 held with respect to contested cases arising under Chapter 50,
56-23 Human Resources Code, and its subsequent amendments. The Texas
56-24 State Board of Social Worker Examiners and the chief administrative
56-25 law judge of the State Office of Administrative Hearings may agree
56-26 to transfer contested cases pending before the board to the State
56-27 Office of Administrative Hearings before January 1, 1994.
57-1 SECTION 42. This Act takes effect September 1, 1993.
57-2 SECTION 43. The importance of this legislation and the
57-3 crowded condition of the calendars in both houses create an
57-4 emergency and an imperative public necessity that the
57-5 constitutional rule requiring bills to be read on three several
57-6 days in each house be suspended, and this rule is hereby suspended.