73R10878 CAG-D
By Parker S.B. No. 1426
Substitute the following for S.B. No. 1426:
By Van de Putte C.S.S.B. No. 1426
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of social workers and to the creation of
1-3 a new state board to replace the Council for Social Work
1-4 Certification.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 50.001, Human Resources Code, is amended
1-7 to read as follows:
1-8 Sec. 50.001. TITLE; DEFINITIONS. (a) This chapter may be
1-9 cited as the Texas Professional Social Work Act.
1-10 (b) In this chapter:
1-11 (1) "Board" means the Texas State Board of Social
1-12 Worker Examiners <Human Services>.
1-13 (2) "Licensed <Certified> social worker" means a
1-14 person who is duly licensed <certified> as a licensed <certified>
1-15 social worker by the board <department> in accordance with this
1-16 chapter.
1-17 (3) <"Social work services" means the professional
1-18 activity of helping individuals, groups, or communities enhance or
1-19 restore their capacity for social functioning and creating societal
1-20 conditions favorable to this goal. Social work services consist of
1-21 the professional application of social work values, principles, and
1-22 techniques to one or more of the following ends: helping people
1-23 obtain tangible services, counseling with individuals, families, or
1-24 groups, helping communities or groups provide social and health
2-1 services, and participating in formulating relevant public
2-2 policies. The practice of social work requires knowledge of human
2-3 development and behavior, of social, economic, and cultural
2-4 institutions, and of the interaction of all these factors.>
2-5 <(4)> "Social worker" means a person who has been
2-6 licensed <duly certified as a social worker> by the board
2-7 <department> in accordance with this chapter.
2-8 (4) "Licensed master social worker" means a person who
2-9 is licensed as a licensed master social worker by the board in
2-10 accordance with this chapter.
2-11 (5) "Advanced clinical practitioner" means a person
2-12 who is licensed as a licensed master social worker and recognized
2-13 as being qualified for the practice of clinical social work by the
2-14 board in accordance with this chapter.
2-15 (6) "Professional social work practice" means service
2-16 and action performed for compensation to effect changes in human
2-17 behavior, a person's emotional responses, interpersonal
2-18 relationships, and the social conditions of individuals, families,
2-19 groups, organizations, and communities. For the purpose of this
2-20 definition, the practice of professional social work is guided by
2-21 special knowledge, acquired through formal professional social work
2-22 education, of social welfare policies and services, social welfare
2-23 systems and resources, human development and behavior within the
2-24 context of the social environment, and methods to enhance the
2-25 functioning of individuals, families, groups, communities, and
2-26 social welfare organizations. Professional social work practice
2-27 involves the disciplined application of social work values,
3-1 principles, and methods, including psychotherapy, marriage and
3-2 family therapy, couples therapy, group therapy, counseling,
3-3 assessment, and evaluation.
3-4 (7) "License" means a license required of a person to
3-5 use any title or represent that the person is authorized to
3-6 practice professional social work under this chapter.
3-7 (8) "Council on Social Work Education" means the
3-8 national organization primarily responsible for accrediting schools
3-9 of social work in the United States.
3-10 (9) "Department" means the Texas Department of Health.
3-11 (10) <(5)> "Social work associate" means a person who
3-12 is licensed <has been duly certified> as a social work associate by
3-13 the board <department> in accordance with this chapter.
3-14 <(6) "Council" means the Council for Social Work
3-15 Certification.>
3-16 <(7) "Department" means the Texas Department of Human
3-17 Services.>
3-18 (c) <(b)> The board <department> may define by rule any word
3-19 or term not defined in this section as necessary to administer or
3-20 enforce this chapter. The definition may not be inconsistent or in
3-21 conflict with the purposes or objectives of this chapter.
3-22 SECTION 2. Section 50.002, Human Resources Code, is amended
3-23 to read as follows:
3-24 Sec. 50.002. EXEMPTIONS. This chapter does not apply to:
3-25 (1) activities or services of other licensed,
3-26 certified, or registered professions, including physicians and
3-27 surgeons, attorneys, registered and licensed vocational nurses,
4-1 psychologists, occupational therapists, licensed marriage and
4-2 family therapists, licensed chemical dependency counselors, and
4-3 licensed professional counselors, if the persons act strictly
4-4 within the scope of their respective licenses and do not use the
4-5 titles in Section 50.010;
4-6 (2) the delivery of human services by a volunteer or a
4-7 staff member, if the person does not represent the person's
4-8 services as social work services or represent the person as a
4-9 social worker or use a title that would imply licensure or
4-10 certification in professional social work services;
4-11 (3) the activity of a student, intern, or trainee in
4-12 social work in connection with an institution of higher learning
4-13 accredited by the Council on Social Work Education;
4-14 (4) an activity constituting a part of the course of
4-15 study for the baccalaureate or master's degree in social work, if
4-16 the person does not use a title that would imply licensure or
4-17 certification in professional social work services;
4-18 (5) a service rendered by a nonresident of this state
4-19 for less than 30 days during the calendar year, if the person is
4-20 authorized to provide the service under the laws of the state or
4-21 country of the person's residence;
4-22 (6) the activity or service of pastoral care
4-23 counselors, including Christian Science practitioners recognized by
4-24 the Church of Christ Scientist as registered and published in the
4-25 Christian Science Journal and other recognized religious
4-26 practitioners, if the person does not use a title that would imply
4-27 licensure or certification in professional social work services; or
5-1 (7) all <All> persons who <are exempt from this
5-2 chapter if they> do not represent or hold themselves out to the
5-3 public, directly or indirectly, as licensed <certified> under this
5-4 chapter and do not use any name, title, or designation indicating
5-5 that they are licensed <certified> under this chapter.
5-6 SECTION 3. Section 50.003, Human Resources Code, is amended
5-7 to read as follows:
5-8 Sec. 50.003. Civil Rights. A consideration of an
5-9 application for licensure <certification>, examination, regulation,
5-10 disciplinary proceeding, and any other action and decision
5-11 performed by authority of this chapter shall be made or done
5-12 without regard to sex, race, religion, national origin, color, or
5-13 political affiliation.
5-14 SECTION 4. Section 50.004, Human Resources Code, is amended
5-15 to read as follows:
5-16 Sec. 50.004. Texas State Board of Social Worker Examiners
5-17 <Council for Social Work Certification>. (a) The Texas State
5-18 Board of Social Worker Examiners <Council for Social Work
5-19 Certification> is created <to advise the department on problems
5-20 relating to the practice of social work. The council shall review
5-21 rules and minimum standards for social work certification and make
5-22 recommendations to the department concerning rules, standards, and
5-23 administration under this chapter>.
5-24 (b) The board <council> is composed of nine members
5-25 appointed by the governor with the advice and consent of the senate
5-26 <board upon the recommendation of the commissioner>. The board
5-27 <council> is composed as follows: three members shall be at all
6-1 times licensed master <certified> social workers licensed
6-2 <certified> under this chapter, at least two of whom shall be at
6-3 all times recognized as advanced clinical practitioners; two
6-4 <three> members shall be at all times licensed social workers
6-5 licensed <or social work associates certified> under this chapter;
6-6 one member shall be at all times a social work associate licensed
6-7 under this chapter;<,> and the remaining three members shall be
6-8 representatives of the public who are not licensed <certified>
6-9 under this chapter and who do not have, other than as consumers,
6-10 any interest in the practice of social work. <Until December 31,
6-11 1987, one member who is a certified social worker must have been
6-12 certified under the work experience qualifications prescribed by
6-13 Subdivision (3) or (4) of Subsection (a) of Section 50.015 of this
6-14 chapter, and one member who is a social worker must have been
6-15 certified under the work experience qualifications prescribed by
6-16 Subdivisions (2), (3), or (4) of Subsection (a) of Section 50.016
6-17 of this chapter.>
6-18 (c) Members of the board <Except for the initial
6-19 appointments, members> hold office for staggered terms of six
6-20 <three> years with three members' terms expiring February 1
6-21 <January 31> of each odd-numbered year. A member appointed to fill
6-22 a vacancy shall hold office for the remainder of that term. <In
6-23 making the initial appointments, the board shall appoint members
6-24 within 90 days after this chapter takes effect to serve the
6-25 following terms: three members for terms that expire January 31,
6-26 1985, three members for terms that expire January 31, 1984, and
6-27 three members for terms that expire January 31, 1983.>
7-1 (d) The governor <board> shall make appointments to the
7-2 board <council> after considering how representative the board
7-3 <council> is with regard to race, sex, age, and geographical
7-4 representation.
7-5 (e) <It is a ground for removal from the council that a
7-6 member:>
7-7 <(1) does not have at the time of appointment the
7-8 qualifications required by Subsection (b) of this section for
7-9 appointment to the council;>
7-10 <(2) does not maintain during the service on the
7-11 council the qualifications required by Subsection (b) of this
7-12 section for appointment to the council; or>
7-13 <(3) violates a prohibition established by Subsection
7-14 (g) or (h) of this section. The validity of an action of the
7-15 council is not affected by the fact that it was taken when a ground
7-16 for removal of a member of the council existed.>
7-17 <(f) A person who is required to register as a lobbyist
7-18 under Chapter 305, Government Code, by virtue of his activities for
7-19 compensation in or on behalf of a profession related to the
7-20 operation of the council may not serve as a council member or act
7-21 as the general counsel to the council.>
7-22 <(g) A member or employee of the council may not be an
7-23 officer, employee, or paid consultant of a trade association in the
7-24 field of social work.>
7-25 <(h) A member or employee of the council may not be related
7-26 within the second degree by affinity or consanguinity, as
7-27 determined under Article 5996h, Revised Statutes, to a person who
8-1 is an officer, employee, or paid consultant of a trade association
8-2 in the field of social work.>
8-3 <(i) Members of the council must be citizens of the United
8-4 States and residents of this state. Social workers appointed to
8-5 the board must be certified as required by this section, except
8-6 that the initial appointees must be persons who are eligible for
8-7 the appropriate certificate and must have actively, actually, and
8-8 continuously engaged in rendering social work services or in social
8-9 work teaching or administration for a period of at least five years
8-10 immediately preceding appointment.>
8-11 <(j)> Each member of the board <council> is entitled to a
8-12 per diem as set by legislative appropriation for state employees
8-13 and travel expenses to and from the business of the board
8-14 <council>. No member shall receive actual or necessary expenses
8-15 except for travel to and from meetings.
8-16 (f) <(k)> The board <council> shall meet at least once a
8-17 year. The governor shall designate one member of the board as
8-18 presiding officer to serve in that capacity at the pleasure of the
8-19 governor. At the first regular meeting each year the board
8-20 <council> shall elect other officers <a chairman and a
8-21 vice-chairman>. Other regular meetings may be held as the rules of
8-22 the board <council> may provide. Special meetings may be held at
8-23 times considered advisable by the board <council>.
8-24 (g) <(l)> The board <council> is subject to the open
8-25 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
8-26 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
8-27 Statutes), and the Administrative Procedure and Texas Register Act,
9-1 as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
9-2 (h) <(m) The department shall provide staff necessary to
9-3 assist the council in performing its duties. The staff person
9-4 directly responsible for the administration of this chapter shall
9-5 at all times have the confidence of the majority of the council.>
9-6 <(n)> The Texas State Board of Social Worker Examiners
9-7 <Council for Social Work Certification> is subject to Chapter 325,
9-8 Government Code (Texas Sunset Act). Unless continued in existence
9-9 as provided by that chapter, the board <council> is abolished and
9-10 this section expires September 1, 2005 <1993>. <If the council is
9-11 continued in existence beyond that date, subsequent sunset
9-12 provisions should be made to conform with those of the Texas
9-13 Department of Human Services.>
9-14 SECTION 5. Chapter 50, Human Resources Code, is amended by
9-15 adding Sections 50.0041-50.0045 to read as follows:
9-16 Sec. 50.0041. PUBLIC MEMBERSHIP RESTRICTION. A person is
9-17 not eligible for appointment as a public member of the board if the
9-18 person or the person's spouse:
9-19 (1) is registered, certified, or licensed by an
9-20 occupational regulatory agency in the field of health care;
9-21 (2) is employed by or participates in the management
9-22 of a business entity or other organization regulated by the board
9-23 or the department or receiving funds from the board or the
9-24 department;
9-25 (3) owns or controls, directly or indirectly, more
9-26 than a 10 percent interest in a business entity or other
9-27 organization regulated by the board or the department or receiving
10-1 funds from the board or the department; or
10-2 (4) uses or receives a substantial amount of tangible
10-3 goods, services, or funds from the board or the department, other
10-4 than compensation or reimbursement authorized by law for board
10-5 membership, attendance, or expenses.
10-6 Sec. 50.0042. CONFLICT OF INTEREST RESTRICTIONS. (a) An
10-7 officer, employee, or paid consultant of a Texas trade association
10-8 in the field of health care may not be a member of the board or
10-9 employee of the department who is exempt from the state's position
10-10 classification plan or is compensated at or above the amount
10-11 prescribed by the General Appropriations Act for step 1, salary
10-12 group 17, of the position classification salary schedule.
10-13 (b) A person who is the spouse of an officer, manager, or
10-14 paid consultant of a Texas trade association in the field of health
10-15 care may not be a board member and may not be an employee of the
10-16 department who is exempt from the state's position classification
10-17 plan or is compensated at or above the amount prescribed by the
10-18 General Appropriations Act for step 1, salary group 17, of the
10-19 position classification salary schedule.
10-20 (c) For the purposes of this section, a Texas trade
10-21 association is a nonprofit, cooperative, and voluntarily joined
10-22 association of business or professional competitors in this state
10-23 designed to assist its members and its industry or profession in
10-24 dealing with mutual business or professional problems and in
10-25 promoting their common interest.
10-26 Sec. 50.0043. EFFECT OF LOBBYING ACTIVITY. A person may not
10-27 serve as a member of the board if the person is required to
11-1 register as a lobbyist under Chapter 305, Government Code, and its
11-2 subsequent amendments, because of the person's activities for
11-3 compensation on behalf of a profession related to the operation of
11-4 the board.
11-5 Sec. 50.0044. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
11-6 ground for removal from the board if a member:
11-7 (1) does not have at the time of appointment the
11-8 qualifications required by Section 50.004;
11-9 (2) does not maintain during service on the board the
11-10 qualifications required by Section 50.004;
11-11 (3) violates a prohibition established by Section
11-12 50.0042 or 50.0043;
11-13 (4) cannot discharge the member's duties for a
11-14 substantial part of the term for which the member is appointed
11-15 because of illness or disability; or
11-16 (5) is absent from more than half of the regularly
11-17 scheduled board meetings that the member is eligible to attend
11-18 during a calendar year unless the absence is excused by majority
11-19 vote of the board.
11-20 (b) The validity of an action of the board is not affected
11-21 by the fact that it is taken when a ground for removal of a board
11-22 member exists.
11-23 (c) If the executive director has knowledge that a potential
11-24 ground for removal exists, the executive director shall notify the
11-25 governor and the attorney general that a potential ground for
11-26 removal exists.
11-27 Sec. 50.0045. STAFF. (a) The board is administratively
12-1 attached to the Texas Department of Health and the basic personnel
12-2 and necessary facilities that are required to administer this
12-3 chapter shall be the personnel and facilities of the department.
12-4 The department personnel shall act as the agents of the board. If
12-5 necessary to the administration of this chapter, the department by
12-6 agreement may secure and provide for compensation for services that
12-7 it considers necessary and may employ and compensate within
12-8 available appropriations professional consultants, technical
12-9 assistants, and employees on a full-time or part-time basis.
12-10 (b) The commissioner of health shall designate an employee
12-11 of the department to serve as executive director of the board. The
12-12 executive director shall be the administrator of the licensing and
12-13 regulatory activities of the board. In addition to other duties
12-14 provided by this chapter and by the department, the executive
12-15 director shall:
12-16 (1) keep full and accurate minutes of the transactions
12-17 and proceedings of the board;
12-18 (2) be the custodian of the files and records of the
12-19 board;
12-20 (3) prepare and recommend to the board plans and
12-21 procedures necessary to implement the purposes and objectives of
12-22 this chapter, including rules and proposals or administrative
12-23 procedures consistent with this chapter;
12-24 (4) exercise general supervision over persons employed
12-25 by the department in the administration of this chapter;
12-26 (5) be responsible for the investigation of complaints
12-27 and for the presentation of formal complaints;
13-1 (6) attend all meetings of the board as a nonvoting
13-2 participant; and
13-3 (7) handle the correspondence of the board and obtain,
13-4 assemble, or prepare the reports and information that the board may
13-5 direct or authorize.
13-6 (c) The department shall provide staff necessary to assist
13-7 the board in performing its duties. The executive director shall
13-8 at all times have the confidence of the majority of the board.
13-9 SECTION 6. Section 50.005, Human Resources Code, is amended
13-10 by amending Subsection (a) and adding Subsections (c) and (d) to
13-11 read as follows:
13-12 (a) All money paid to the department <derived from fees,
13-13 assessments, or charges> under this chapter shall be deposited in
13-14 the state treasury to the credit of a special social worker account
13-15 in the general revenue fund and may be used only for the
13-16 administration <paid by the department into the State Treasury for
13-17 safekeeping and shall be placed by the State Treasurer in a
13-18 separate fund to be known as the social workers fund. The money
13-19 shall be available to the department exclusively for the
13-20 administration, implementation,> and enforcement of this chapter.
13-21 Surpluses are reserved for the use of the department in the
13-22 administration and enforcement of this chapter.
13-23 (c) The financial transactions of the board are subject to
13-24 audit by the state auditor in accordance with Chapter 321,
13-25 Government Code.
13-26 (d) The department shall file annually with the governor and
13-27 the presiding officer of each house of the legislature a complete
14-1 and detailed written report accounting for all funds received and
14-2 disbursed by the board during the preceding fiscal year. The
14-3 annual report must be in a form and reported in the time provided
14-4 by the General Appropriations Act.
14-5 SECTION 7. Section 50.006, Human Resources Code, is amended
14-6 to read as follows:
14-7 Sec. 50.006. Regulation and Enforcement. (a) The board
14-8 <department> may <adopt and> enforce <the> rules adopted by the
14-9 board necessary for the performance of its duties, establish
14-10 standards of conduct and ethics for all persons licensed
14-11 <certified> under this chapter, and ensure strict compliance with
14-12 and enforcement of this chapter. In adopting rules, the board
14-13 shall consider the rules and procedures of the Texas Board of
14-14 Health and the department and shall adopt procedural rules not
14-15 inconsistent with similar existing rules and procedures of the
14-16 Texas Board of Health or the department.
14-17 (b) The violation by a licensed master <certified> social
14-18 worker, licensed social worker, or social work associate of this
14-19 chapter or of any rule of the board <department> pertaining to the
14-20 practice of social work is sufficient reason to reprimand a license
14-21 holder or to suspend or revoke a license <certificate> issued under
14-22 this chapter.
14-23 (c) In addition to any other action, proceeding, or remedy
14-24 authorized by law, the board or department may institute an action
14-25 to enjoin a violation of this chapter or a rule of the board
14-26 <department>. The suit may be brought in Travis County, in the
14-27 county of the defendant's residence, or in the county where any
15-1 part of the alleged violation occurred. In order for the board or
15-2 department to sustain the action, it is not necessary to allege or
15-3 prove the lack of an adequate remedy at law or that substantial or
15-4 irreparable damage would result from the continued violation.
15-5 Either party to the action may appeal to the appellate court having
15-6 jurisdiction of the cause. The board or department shall not be
15-7 required to give any appeal bond in any cause arising under this
15-8 chapter. The attorney general shall represent the board or
15-9 department in all actions and proceedings to enforce this chapter.
15-10 (d) The board <department> shall prepare information of
15-11 consumer interest describing the regulatory functions of the board
15-12 <department> and describing the board's <department's> procedures
15-13 by which consumer complaints are filed with and resolved by the
15-14 board <department>. The board <department> shall make the
15-15 information available to the general public and appropriate state
15-16 agencies.
15-17 (e) The board by rule shall establish methods by which
15-18 consumers and service recipients are notified of the name, mailing
15-19 address, and telephone number of the board for the purpose of
15-20 directing complaints to the board. The board may provide for that
15-21 notification:
15-22 (1) on each registration form, application, or written
15-23 contract for services of an individual or entity regulated by the
15-24 board;
15-25 (2) on a sign prominently displayed in the place of
15-26 business of each individual or entity regulated by the board; or
15-27 (3) in a bill for service provided by an individual or
16-1 entity regulated by the board.
16-2 (f) The board shall list along with its regular telephone
16-3 number the toll-free telephone number that may be called to present
16-4 a complaint about a health professional if the toll-free number is
16-5 established under other state law <There shall be prominently
16-6 displayed at all times in the place of business of each person
16-7 certified under this chapter a sign containing the name, mailing
16-8 address, and telephone number of the department and a statement
16-9 informing consumers that complaints against persons certified under
16-10 this chapter may be directed to the department>.
16-11 SECTION 8. Section 50.0061, Human Resources Code, is amended
16-12 to read as follows:
16-13 Sec. 50.0061. Advertising. (a) The board <department> may
16-14 not adopt rules restricting competitive bidding or advertising by a
16-15 person regulated by the board <department> except to prohibit
16-16 false, misleading, or deceptive practices by the person.
16-17 (b) The board <department> may not include in its rules to
16-18 prohibit false, misleading, or deceptive practices by a person
16-19 regulated by the board <department> a rule that:
16-20 (1) restricts the person's use of any medium for
16-21 advertising;
16-22 (2) restricts the person's personal appearance or use
16-23 of the person's <his> voice in an advertisement;
16-24 (3) relates to the size or duration of an
16-25 advertisement by the person; or
16-26 (4) restricts the person's advertisement under a trade
16-27 name.
17-1 SECTION 9. Chapter 50, Human Resources Code, is amended by
17-2 adding Sections 50.0062-50.0065 to read as follows:
17-3 Sec. 50.0062. PUBLIC PARTICIPATION IN BOARD HEARINGS. The
17-4 board shall develop and implement policies that provide the public
17-5 with a reasonable opportunity to appear before the board and to
17-6 speak on any issue under the jurisdiction of the board.
17-7 Sec. 50.0063. PROGRAM ACCESSIBILITY. The board shall
17-8 prepare and maintain a written plan that describes how a person who
17-9 does not speak English can be provided reasonable access to the
17-10 board's programs. The board shall also comply with federal and
17-11 state laws for program and facility accessibility.
17-12 Sec. 50.0064. STANDARDS OF CONDUCT INFORMATION. The board
17-13 shall provide to its members and employees, as often as necessary,
17-14 information regarding their qualifications for office or employment
17-15 under this article and their responsibilities under applicable laws
17-16 relating to standards of conduct for state officers or employees.
17-17 Sec. 50.0065. TRAINING. (a) The board shall establish a
17-18 training program for the members of the board.
17-19 (b) Before a member of the board may assume the member's
17-20 duties, the member must complete at least one course of the
17-21 training program established under this section, and before the
17-22 member may be confirmed by the senate, the member must pass an
17-23 examination given in conjunction with the attorney general on
17-24 subjects described by Subsections (c)(7), (8), and (9).
17-25 (c) A training program established under this section shall
17-26 provide information to a participant regarding:
17-27 (1) the enabling legislation that created the board;
18-1 (2) the programs operated by the board;
18-2 (3) the role and functions of the board;
18-3 (4) the rules of the board, with an emphasis on the
18-4 rules that relate to disciplinary and investigatory authority;
18-5 (5) the current budget for the board;
18-6 (6) the results of the most recent formal audit of the
18-7 board;
18-8 (7) the requirements of the:
18-9 (A) open meetings law, Chapter 271, Acts of the
18-10 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
18-11 Texas Civil Statutes);
18-12 (B) open records law, Chapter 424, Acts of the
18-13 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
18-14 Texas Civil Statutes); and
18-15 (C) Administrative Procedure and Texas Register
18-16 Act (Article 6252-13a, Vernon's Texas Civil Statutes);
18-17 (8) the requirements of the conflict of interest laws
18-18 and other laws relating to public officials; and
18-19 (9) any applicable ethics policies adopted by the
18-20 board or the Texas Ethics Commission.
18-21 (d) In developing the training requirements provided for by
18-22 this section, the board shall consult with the governor's office,
18-23 the attorney general's office, and the Texas Ethics Commission.
18-24 (e) In the event that another state agency or entity is
18-25 given the authority to establish the training requirements, the
18-26 board shall allow that training in lieu of developing its own
18-27 program.
19-1 SECTION 10. Subsection (a), Section 50.008, Human Resources
19-2 Code, is amended to read as follows:
19-3 (a) A roster showing the names and addresses, as reflected
19-4 by the board's <department's> records, of all licensed master
19-5 <certified> social workers, licensed social workers, and social
19-6 work associates licensed <certified> by the board <department>
19-7 shall be prepared and published by the board <department> at its
19-8 discretion. Copies of the roster shall be mailed to each person
19-9 certified by the department and placed on file with the secretary
19-10 of state.
19-11 SECTION 11. Section 50.009, Human Resources Code, is amended
19-12 to read as follows:
19-13 Sec. 50.009. Fees. (a) The board by rule <department>
19-14 shall establish reasonable and necessary<, charge, and collect>
19-15 fees so that the fees, in the aggregate, produce sufficient
19-16 revenues to cover the cost of administering this chapter<, as
19-17 follows:>
19-18 <(1) a fee for the filing of an application to take an
19-19 examination for a certificate under this chapter;>
19-20 <(2) a fee for the taking of an examination;>
19-21 <(3) a fee for the original issuance of certificate
19-22 under this chapter;>
19-23 <(4) a fee for the original issuance of an order of
19-24 recognition to practice a specialty in the practice of social work;>
19-25 <(5) a fee for an annual renewal of an order of
19-26 recognition to practice a specialty in the practice of social work;>
19-27 <(6) a fee for an annual renewal of a certificate
20-1 issued in accordance with this chapter;>
20-2 <(7) a fee for replacement of a certificate, specialty
20-3 order of recognition, or renewal lost or destroyed; and>
20-4 <(8) a fee for a copy of the official roster of
20-5 certified persons published by the department for the one copy
20-6 mailed to each person certified>.
20-7 (b) The fees set by the board may be adjusted so that the
20-8 total fees collected are sufficient to meet the expenses of
20-9 administering this chapter. The board may not set a fee for an
20-10 amount less than the amount of that fee on September 1, 1993 <If a
20-11 certified social work associate is qualified on September 2, 1983,
20-12 to be examined for a certificate as a social worker because of a
20-13 legislative change in qualifications under Section 50.016 of this
20-14 chapter, the department may not charge or collect a fee for issuing
20-15 the social worker certificate to that person>.
20-16 SECTION 12. Section 50.010, Human Resources Code, is amended
20-17 to read as follows:
20-18 Sec. 50.010. LICENSE RESTRICTIONS AND LIMITATIONS
20-19 <LIMITATION OF PRACTICE>. (a) Unless licensed <certified> under
20-20 this chapter or unless specifically exempted from its provisions, a
20-21 person may not:
20-22 (1) employ, use, cause to be used, or make use of any
20-23 of the following terms or any combinations, variations, or
20-24 abbreviations of the terms as a professional, business, or
20-25 commercial identification, title, name, representation, claim,
20-26 asset, or means of advantage or benefit: "<certified> social
20-27 worker," "licensed master <certified> social worker," "licensed
21-1 social worker," or <"registered certified social worker," "social
21-2 worker," "licensed social worker," "registered social worker,">
21-3 "social work associate<,>" <or "registered social work associate">;
21-4 or
21-5 (2) use a title that implies licensure or
21-6 certification in professional social work services <employ, use,
21-7 cause to be used, or make use of any letter, abbreviation, word,
21-8 symbol, slogan, sign, or any combination or variation of them that
21-9 tends or is likely to create any impression with a member of the
21-10 public that a person is qualified or authorized to practice social
21-11 work or is a certified social worker, social worker, or social work
21-12 associate, unless appropriately certified under and practicing in
21-13 accordance with this chapter>.
21-14 (b) A person, firm, partnership, association, corporation,
21-15 business, or professional entity that does or offers or attempts to
21-16 do an act prescribed by Subsection (a) of this section is engaged
21-17 in the practice of professional social work.
21-18 SECTION 13. Section 50.011, Human Resources Code, is amended
21-19 to read as follows:
21-20 Sec. 50.011. Professional Identification. A person licensed
21-21 <certified> by the board <department> in accordance with this
21-22 chapter shall, in the professional use of the person's <his> name
21-23 or any sign, directory, listing, contract, document, pamphlet,
21-24 stationery, letterhead, advertisement, signature, or other means of
21-25 professional identification, written or printed, use the following
21-26 legally required identifications:
21-27 (1) if licensed <certified> as a licensed master
22-1 <certified> social worker, the words "licensed master <certified>
22-2 social worker" or the initials "L.M.S.W." <"C.S.W.">;
22-3 (2) if licensed <certified> as a licensed social
22-4 worker, the words "licensed social worker" or the initials
22-5 "L.S.W."; or
22-6 (3) if licensed <certified> as a social work
22-7 associate, the words "social work associate" or the initials
22-8 "S.W.A."
22-9 SECTION 14. Section 50.012, Human Resources Code, is amended
22-10 to read as follows:
22-11 Sec. 50.012. Public Representations. A firm, partnership,
22-12 association, corporation, or other business or professional entity
22-13 may not hold itself or another out to the public as being engaged
22-14 in the work or practice of social work or offering social work
22-15 services under an assumed, trade, business, professional,
22-16 partnership, or corporate name or title or employ, use, cause to be
22-17 used, or make use of, directly or indirectly or in any manner, the
22-18 words or terms "social work," "social work services," "social work,
22-19 inc.," "professional social workers," "licensed <certified> social
22-20 workers," "licensed master social workers," "social work
22-21 associate," "L.M.S.W.," "L.S.W.," "S.W.A.," <"social work
22-22 associates," "C.S.W.," "S.W.A.,"> or any combinations,
22-23 abbreviations, or variations of any of these or in combination with
22-24 any other words, letters, initials, signs, legends, or symbols on,
22-25 in, or as a part of, directly or indirectly, any sign, directory,
22-26 listing, contract, document, pamphlet, stationery, letterhead,
22-27 advertisement, signature, trade name, assumed name, or corporate or
23-1 other business or professional name, unless the firm, partnership,
23-2 association, corporation, or other business or professional entity
23-3 is actually and actively engaged in the practice of social work or
23-4 is actually and actively performing social work services, and
23-5 unless the services performed by it which constitute the practice
23-6 of social work are either personally performed or done by a
23-7 <certified> social worker<, social worker, or social work
23-8 associate> practicing in accordance with this chapter or under the
23-9 supervision <general direction> of a licensed <certified> social
23-10 worker or licensed master social worker.
23-11 SECTION 15. Section 50.013, Human Resources Code, is amended
23-12 to read as follows:
23-13 Sec. 50.013. Applications. An application for licensure
23-14 <certification> under this chapter shall be on a form prescribed
23-15 and furnished by the board <department> and shall contain
23-16 statements made under oath setting forth in detail the applicant's
23-17 education, experience, and other information as required by the
23-18 board <department> that qualify the applicant for a license
23-19 <certificate> under this chapter. No person is eligible for a
23-20 license <certificate> provided under this chapter unless the person
23-21 <he> is at least 18 years of age and worthy of the public trust and
23-22 confidence.
23-23 SECTION 16. Section 50.014, Human Resources Code, is amended
23-24 to read as follows:
23-25 Sec. 50.014. Examinations. (a) At least once each calendar
23-26 year the board <department> shall prepare and administer an
23-27 examination to determine the qualifications of applicants for
24-1 certificates under this chapter. Examinations shall be conducted
24-2 in the manner the board <department> determines and in a manner
24-3 that is fair and impartial to all individuals and to every school
24-4 or system of social work. Applicants shall be known to the
24-5 examiners only by numbers until after the general averages of the
24-6 applicants in a class have been determined and licenses
24-7 <certificates> have been granted or refused. The scope and content
24-8 of examinations shall be sufficient to ensure professional efficacy
24-9 and competence in keeping with the highest standards of the social
24-10 work profession. The board shall have the written portion of the
24-11 examination, if any, validated by an independent testing entity.
24-12 (b) On satisfactory completion of all requirements of the
24-13 examination conducted by the board <department>, an applicant may
24-14 be granted a license <certificate> as a licensed master <certified>
24-15 social worker, licensed social worker, or social work associate as
24-16 the board <department> determines.
24-17 (c) The board by rule shall establish:
24-18 (1) a limit on the number of times an applicant who
24-19 fails an examination may retake the examination;
24-20 (2) requirements for retaking an examination; and
24-21 (3) alternative methods of examining competency <An
24-22 applicant who fails an examination may be reexamined at a
24-23 subsequent time on payment of the required fees. An applicant may
24-24 be reexamined only three times for the same certificate>.
24-25 (d) If requested by a person who fails the examination for a
24-26 license <certificate>, the board <department> shall furnish to the
24-27 person an analysis of the person's performance on the examination.
25-1 (e) Not later than the 30th day after the day on which a
25-2 licensing <certification> examination is administered under this
25-3 chapter, the board <department> shall notify each examinee of the
25-4 results of the examination. However, if an examination is graded
25-5 or reviewed by a national testing service, the board <department>
25-6 shall notify examinees of the results of the examination not later
25-7 than the 14th day after the day on which the board <department>
25-8 receives the results from the testing service. If the notice of
25-9 the examination results will be delayed for longer than 90 days
25-10 after the examination date, the board <department> shall notify the
25-11 examinee of the reason for the delay before the 90th day.
25-12 SECTION 17. Section 50.015, Human Resources Code, is amended
25-13 to read as follows:
25-14 Sec. 50.015. LICENSED MASTER <CERTIFIED> SOCIAL WORKER. The
25-15 board <(a) Until December 31, 1985, the department> shall
25-16 consider <the following as minimum evidence that an applicant is
25-17 qualified to be examined for a certificate as a certified social
25-18 worker:>
25-19 <(1)> a doctoral degree in social work or master's
25-20 degree in social work from a <an accredited> graduate program
25-21 accredited <approved> by the Council on Social Work Education
25-22 <department;>
25-23 <(2) a doctoral degree or master's degree not in
25-24 social work from an accredited program approved by the department
25-25 and the successful completion of two years' actual and active
25-26 social work experience approved by the department; or>
25-27 <(3) a baccalaureate degree in social work or a
26-1 related field from an educational program approved by the
26-2 department and the successful completion of five years' actual and
26-3 active social work experience approved by the department; or>
26-4 <(4) a baccalaureate degree not in social work or a
26-5 related field from an educational institution approved by the
26-6 department and the successful completion of 10 years' actual and
26-7 active social work experience approved by the department.>
26-8 <(b) After December 31, 1985, the department shall consider
26-9 only the qualifications prescribed by Subdivision (1) of Subsection
26-10 (a) of this section> as minimum evidence that an applicant is
26-11 qualified to be examined for a license <certificate> as a licensed
26-12 master <certified> social worker.
26-13 SECTION 18. Section 50.016, Human Resources Code, is amended
26-14 to read as follows:
26-15 Sec. 50.016. LICENSED SOCIAL WORKER. The board <(a) Until
26-16 December 31, 1985, the department> shall consider <the following as
26-17 minimum evidence that an applicant is qualified to be examined for
26-18 a certificate as a social worker:>
26-19 <(1)> a baccalaureate degree in social work from an
26-20 educational program accredited <approved> by the Council on Social
26-21 Work Education <department;>
26-22 <(2) a baccalaureate degree not in social work from an
26-23 educational institution approved by the department and the
26-24 successful completion of five years' actual and active social work
26-25 experience approved by the department;>
26-26 <(3) an associate degree from an educational
26-27 institution approved by the department and the successful
27-1 completion of 10 years' actual and active social work experience
27-2 approved by the department; or>
27-3 <(4) a high school diploma or its substantial
27-4 equivalent as determined by the department and the successful
27-5 completion of 15 years' actual and active social work experience
27-6 approved by the department.>
27-7 <(b) After December 31, 1985, the department shall consider
27-8 only the qualifications prescribed by Subdivision (1) of Subsection
27-9 (a) of this section> as minimum evidence that an applicant is
27-10 qualified to be examined for a license <certificate> as a licensed
27-11 social worker.
27-12 SECTION 19. Section 50.017, Human Resources Code, is amended
27-13 to read as follows:
27-14 Sec. 50.017. Social Work Associate. <(a)> The board
27-15 <department> shall consider the following as minimum evidence that
27-16 an applicant is qualified to be examined for a license
27-17 <certificate> as a social work associate:
27-18 (1) a baccalaureate degree from an accredited
27-19 educational institution and the additional satisfactory completion
27-20 of a reasonable specified number of years of actual and active
27-21 social work experience approved by the board <department>; or
27-22 (2) an associate of arts degree in the behavioral
27-23 sciences as determined by the board from an accredited educational
27-24 institution and the additional satisfactory completion of a
27-25 reasonable specified number of years of actual and active social
27-26 work experience approved by the board <department; or>
27-27 <(3) a high school diploma or its substantial
28-1 equivalent as determined by the department and the satisfactory
28-2 completion of a specified number of years of actual and active
28-3 social work experience approved by the department>.
28-4 SECTION 20. Section 50.018, Human Resources Code, is amended
28-5 to read as follows:
28-6 Sec. 50.018. Experience Evaluation. In determining the
28-7 credibility and acceptability of an applicant's professional or
28-8 technical experience or competence, the board <department> may
28-9 require documentary evidence of the quality, scope, and nature of
28-10 the experience and competence as necessary to ensure public safety,
28-11 health, and welfare.
28-12 SECTION 21. Section 50.019, Human Resources Code, is amended
28-13 to read as follows:
28-14 Sec. 50.019. TEMPORARY LICENSE <Provisional Certificate>.
28-15 Prior to examination, an applicant for licensure may obtain a
28-16 temporary license as long as the applicant meets all the
28-17 requirements, except examination, as prescribed in this chapter for
28-18 the level of license sought. The temporary license is valid until
28-19 the results of the first qualifying written examination are
28-20 available <(a) Until December 31, 1985, a person who, in the
28-21 judgment of the department, meets the requirements of this chapter
28-22 may be issued the appropriate certificate, as the department shall
28-23 determine, without examination, on application to the department in
28-24 the form and content that it may require and on payment of the fee
28-25 for the original issue of a certificate as established by the
28-26 department in accordance with this chapter.>
28-27 <(b) After December 31, 1985, a person who has some of the
29-1 work experience requirements for examination in Section 50.015 or
29-2 50.016 of this chapter may, after completion of the required work
29-3 experience, be issued the appropriate certificate without
29-4 examination if:>
29-5 <(1) the person has at least one-half of the work
29-6 experience prescribed by Section 50.015 or 50.016 of this chapter
29-7 by December 31, 1985;>
29-8 <(2) the person notifies the department not later than
29-9 December 31, 1985, of the person's intention to apply for a
29-10 certificate without examination; and>
29-11 <(3) the department determines that the work
29-12 experience is satisfactory>.
29-13 SECTION 22. Section 50.020, Human Resources Code, is amended
29-14 to read as follows:
29-15 Sec. 50.020. PRIVATE PRACTICE. (a) The board <department>
29-16 shall establish procedures for the recognition of persons qualified
29-17 for the private, independent practice of social work and publish or
29-18 cause to be published a roster of qualified persons. Minimum
29-19 qualifications for recognition shall include:
29-20 (1) licensure <certification> as a licensed master
29-21 <certified> social worker under this chapter; and <or>
29-22 (2) a number of years of acceptable social work
29-23 experience as determined by the board <department>.
29-24 (b) A licensed social worker or social work associate will
29-25 not be eligible for recognition as being qualified to practice
29-26 social work as a private, independent practitioner.
29-27 (c) A person qualified for the private, independent practice
30-1 of social work under this section shall, for the purposes of
30-2 Article 21.52, Insurance Code, be authorized to use the title
30-3 "advanced clinical practitioner" or any other title approved by the
30-4 board and the other title shall mean the same as and be equivalent
30-5 to the title "advanced clinical practitioner" as used in Article
30-6 21.52, Insurance Code.
30-7 SECTION 23. Section 50.021, Human Resources Code, is amended
30-8 to read as follows:
30-9 Sec. 50.021. Revocation and Suspension. (a) The board
30-10 shall revoke or suspend <department may refuse to issue or to
30-11 renew> a license <certificate> or order of recognition, <may> place
30-12 on probation a person whose license <certificate> or order of
30-13 recognition has been suspended, or <may> reprimand a person with a
30-14 license <certificate> or order of recognition<, or may revoke or
30-15 suspend a certificate or order of recognition issued under this
30-16 chapter> for any of the following reasons:
30-17 (1) violating a provision of this chapter or a rule of
30-18 the board <department>;
30-19 (2) circumventing or attempting to circumvent this
30-20 chapter or a rule of the board <department>;
30-21 (3) participating, directly or indirectly, in a plan,
30-22 scheme, or arrangement attempting or having as its purpose the
30-23 evasion of this chapter or a rule of the board <department>;
30-24 (4) engaging in unethical conduct;
30-25 (5) engaging in conduct which discredits or tends to
30-26 discredit the profession of social work;
30-27 (6) performing an act, allowing an omission, or making
31-1 an assertion or representation that is fraudulent, deceitful, or
31-2 misleading or that in any manner tends to create a misleading
31-3 impression;
31-4 (7) knowingly associating with or permitting or
31-5 allowing the use of any licensed <certified> person's professional
31-6 services or professional identification in a project or enterprise
31-7 that the person knows or with the exercise of reasonable diligence
31-8 should know is a practice that violates this chapter or a rule of
31-9 the board <department> pertaining to the practice of social work;
31-10 (8) knowingly associating with or permitting the use
31-11 of a licensed <certified> person's name, professional services,
31-12 professional identification, or endorsement in connection with a
31-13 venture or enterprise that the person knows or with the exercise of
31-14 reasonable diligence should know is a trade, business, or
31-15 professional practice of a fraudulent, deceitful, misleading, or
31-16 dishonest nature;
31-17 (9) revealing, directly or indirectly, or causing to
31-18 be revealed a confidential communication transmitted to the
31-19 licensed <certified> person by a client or recipient of his
31-20 services except as may be required by law;
31-21 (10) having a certificate or a license to practice
31-22 social work in another jurisdiction denied, suspended, or revoked
31-23 for reasons or causes the board <department> finds would constitute
31-24 a violation of this chapter or a rule pertaining to the practice of
31-25 social work adopted by the board <department>;
31-26 (11) having been convicted of a felony in an American
31-27 jurisdiction; or
32-1 (12) refusing to do or perform any act or service for
32-2 which the person is licensed <certified> under this chapter solely
32-3 on the basis of the recipient's age, sex, race, religion, national
32-4 origin, color, or political affiliation.
32-5 (b) If a license or order of recognition suspension is
32-6 probated, the board may require the probationer to:
32-7 (1) report regularly to the board on matters that are
32-8 the basis of the probation;
32-9 (2) limit practice to the areas prescribed by the
32-10 board; or
32-11 (3) continue or review continuing professional
32-12 education until the probationer attains a degree of skill
32-13 satisfactory to the board in those areas that are the basis of the
32-14 probation.
32-15 SECTION 24. Section 50.022, Human Resources Code, is amended
32-16 to read as follows:
32-17 Sec. 50.022. Disciplinary Proceedings. (a) A proceeding
32-18 under Section 50.021 <of this chapter> begins when a charge is
32-19 filed with the department and referred to the board in writing and
32-20 under oath. The charge may be made by any person.
32-21 (b) A person is entitled to notice and a hearing before the
32-22 State Office of Administrative Hearings before a sanction is
32-23 imposed under Section 50.021.
32-24 <(c) The department may rule that the order revoking or
32-25 suspending a certificate or order of recognition be probated so
32-26 long as the probationer conforms to the orders and rules that the
32-27 department sets out as the terms of probation. The department, at
33-1 the time of probation, shall set out the period of time that
33-2 constitutes the probationary period. The department may at any
33-3 time while the probationer remains on probation hold a hearing and
33-4 on majority vote rescind the probation and enforce the department's
33-5 original action in revoking or suspending the certificate or order
33-6 of recognition.>
33-7 <(d) The department shall provide for notice and an
33-8 opportunity to appeal from disciplinary proceedings.> Disciplinary
33-9 proceedings and the appeals from the proceedings are governed by
33-10 the Administrative Procedure and Texas Register Act, as amended
33-11 (Article 6252-13a, Vernon's Texas Civil Statutes). The board by
33-12 rule shall adopt a broad schedule of sanctions for violations under
33-13 this chapter. The State Office of Administrative Hearings shall
33-14 use the schedule for any sanction imposed as the result of a
33-15 hearing conducted by that office.
33-16 <(e) The department shall keep an information file on each
33-17 complaint or charge filed. During the consideration of a charge
33-18 filed under this section and until the charge is finally resolved,
33-19 all parties shall be informed monthly in writing as to the status
33-20 of the complaint.>
33-21 SECTION 25. Chapter 50, Human Resources Code, is amended by
33-22 adding Sections 50.0221 through 50.0224 to read as follows:
33-23 Sec. 50.0221. COMPLAINT PROCEDURE IN GENERAL. (a) The
33-24 board shall keep an information file about each complaint filed
33-25 with the department and referred to the board. The board's
33-26 information file shall be kept current and contain a record for
33-27 each complaint of:
34-1 (1) all persons contacted in relation to the
34-2 complaint;
34-3 (2) a summary of findings made at each step of the
34-4 complaint process;
34-5 (3) an explanation of the legal basis and reason for a
34-6 complaint that is dismissed; and
34-7 (4) other relevant information.
34-8 (b) If a written complaint is referred to the board, the
34-9 board, at least as frequently as quarterly and until final
34-10 disposition of the complaint, shall notify the parties to the
34-11 complaint of the status of the complaint unless the notice would
34-12 jeopardize an undercover investigation.
34-13 (c) The board by rule shall adopt a form to standardize
34-14 information concerning complaints made to the board. The board by
34-15 rule shall prescribe information to be provided to a person when
34-16 the person files a complaint with the board.
34-17 (d) The board shall provide reasonable assistance to a
34-18 person who wishes to file a complaint with the board.
34-19 Sec. 50.0222. COMPLAINT INVESTIGATION AND DISPOSITION.
34-20 (a) The board shall adopt rules concerning the investigation of a
34-21 complaint filed with the department and referred to the board. The
34-22 rules adopted under this subsection shall:
34-23 (1) distinguish between categories of complaints;
34-24 (2) ensure that complaints are not dismissed without
34-25 appropriate consideration;
34-26 (3) require that the board be advised of a complaint
34-27 that is dismissed and that a letter be sent to the person who filed
35-1 the complaint explaining the action taken on the dismissed
35-2 complaint;
35-3 (4) ensure that the person who filed the complaint has
35-4 an opportunity to explain the allegations made in the complaint;
35-5 and
35-6 (5) prescribe guidelines concerning the categories of
35-7 complaints that require the use of a private investigator and the
35-8 procedures for the board to obtain the services of a private
35-9 investigator.
35-10 (b) The board shall dispose of all complaints in a timely
35-11 manner. The board shall establish a schedule for conducting each
35-12 phase of a complaint that is under the control of the board not
35-13 later than the 30th day after the date the complaint is received by
35-14 the board. The schedule shall be kept in the information file for
35-15 the complaint and all parties shall be notified of the projected
35-16 time requirements for pursuing the complaint. A change in the
35-17 schedule must be noted in the complaint information file and all
35-18 parties to the complaint must be notified not later than the
35-19 seventh day after the date the change is made.
35-20 (c) The program director for the board shall notify the
35-21 board of a complaint that extends beyond the time prescribed by the
35-22 board for resolving the complaint so that the board may take
35-23 necessary action on the complaint.
35-24 Sec. 50.0223. INFORMAL PROCEEDINGS. (a) The board by rule
35-25 shall adopt procedures governing:
35-26 (1) informal disposition of a contested case under
35-27 Section 13(e), Administrative Procedure and Texas Register Act
36-1 (Article 6252-13a, Vernon's Texas Civil Statutes); and
36-2 (2) informal proceedings held in compliance with
36-3 Section 18(c), Administrative Procedure and Texas Register Act
36-4 (Article 6252-13a, Vernon's Texas Civil Statutes).
36-5 (b) Rules adopted under this section must provide the
36-6 complainant and the license or order of recognition holder an
36-7 opportunity to be heard and must require the presence of a
36-8 representative of the department's legal staff to advise the board
36-9 or board's employees.
36-10 Sec. 50.0224. MONITORING OF LICENSE OR ORDER OF RECOGNITION
36-11 HOLDER. The board by rule shall develop a system for monitoring
36-12 license or order of recognition holders' compliance with the
36-13 requirements of this Act. Rules adopted under this section shall
36-14 include procedures for monitoring a license or order of recognition
36-15 holder who is ordered by the board to perform certain acts to
36-16 ascertain that the license or order of recognition holder performs
36-17 the required acts and to identify and monitor license or order of
36-18 recognition holders who represent a risk to the public.
36-19 SECTION 26. Section 50.023, Human Resources Code, is amended
36-20 to read as follows:
36-21 Sec. 50.023. Expiration and Renewal. (a) The board
36-22 <department> by rule shall adopt a system under which licenses
36-23 <certificates> or orders of recognition issued under this chapter
36-24 expire on various dates during the year, and the dates for renewal
36-25 shall be adjusted accordingly. A person may renew an expired
36-26 license <On renewal of the certificate> or order of recognition by
36-27 paying to the department before <or on> the expiration date of the
37-1 license or order the required<, the total> renewal fee <is
37-2 payable>.
37-3 (b) Not later than 30 days before the expiration date, the
37-4 board <department> shall notify in writing each person licensed
37-5 <certified> of the date of the expiration of a license
37-6 <certificate> or order of recognition issued to the person at the
37-7 person's last known address according to the records of the board
37-8 <him, the amount of the fee for renewal, and the continuing
37-9 education provisions that are required for its renewal for one
37-10 year. The department shall attempt to obtain from the person a
37-11 signed receipt confirming receipt of the notice>.
37-12 (c) If a person's license <certificate> or order of
37-13 recognition has been expired for <not longer than> 90 days or less,
37-14 the person may renew the license <certificate> or order of
37-15 recognition by paying to the department the required renewal fee
37-16 and a fee that is one-half of the examination fee for the license
37-17 <certificate>.
37-18 (d) If a person's license <certificate> or order of
37-19 recognition has been expired for longer than 90 days but less than
37-20 one year <two years>, the person may renew the license
37-21 <certificate> or order of recognition by paying to the department
37-22 all unpaid renewal fees and a fee that is equal to the examination
37-23 fee for the license <certificate>.
37-24 (e) If a person's license <certificate> or order of
37-25 recognition has been expired for one year <two years> or longer,
37-26 the person may not renew the license <certificate> or order of
37-27 recognition. The person may obtain a new license <certificate> or
38-1 order of recognition by submitting to reexamination, if an
38-2 examination was originally required, and complying with the
38-3 requirements and procedures for obtaining an original license
38-4 <certificate> or order of recognition. However, the board may
38-5 renew without reexamination an expired license or order of
38-6 recognition of a person who was licensed in this state, moved to
38-7 another state, and is currently licensed or certified and has been
38-8 in practice in the other state for the two years preceding
38-9 application. The person must pay to the department a fee that is
38-10 equal to the examination fee for the license or order of
38-11 recognition.
38-12 SECTION 27. Section 50.024, Human Resources Code, is amended
38-13 to read as follows:
38-14 Sec. 50.024. SPECIALTY <DEPARTMENT> REGULATION. (a) The
38-15 board <department> may establish, within the scope of social work
38-16 and this chapter, specifically designed areas of specialty work
38-17 service or practice for those persons licensed <certified> and in
38-18 good standing as licensed master <certified social workers or>
38-19 social workers. The basis for board <department> action in
38-20 establishing a social work specialty shall be founded in the public
38-21 interest and necessity and for the purpose of practicing, aiding,
38-22 and assisting the public in identifying those persons in the
38-23 professions qualified to practice or perform specialty services.
38-24 (b) In establishing a specialty service or practice, the
38-25 board <department> shall define the scope of the specialty,
38-26 establish standards of special qualifications for the specialty
38-27 workers or practitioners that will accurately and truly describe
39-1 the parameters of the specialty and the use of which will be
39-2 prohibited to those who have not satisfied the board's
39-3 <department's> requirements for qualification in the specialty,
39-4 adopt rules of conduct for specialty practitioners that will ensure
39-5 strict compliance with and enforcement of this chapter, and adopt
39-6 rules for suspending or revoking the order of recognition in the
39-7 specialty.
39-8 (c) A specialty may not be authorized for the private
39-9 practice of social work except for those persons licensed
39-10 <certified> as licensed master <certified> social workers under
39-11 this chapter meeting the minimum number of years of actual and
39-12 active social work practice with appropriate supervision and
39-13 examination as determined by the board <department>. However, the
39-14 board <department> may not establish any specialty or specialty
39-15 identification in conflict with any licensing law of this state.
39-16 (d) The board shall establish a social work specialty for
39-17 those persons qualified for the practice of clinical social work.
39-18 Use of the title "Advanced Clinical Practitioner" or the initials
39-19 "A.C.P." shall be restricted to those persons who have qualified
39-20 for the practice of clinical social work under this chapter. A
39-21 specialty may not be authorized for the practice of clinical social
39-22 work except for those persons licensed as licensed master social
39-23 workers under this chapter meeting the minimum number of years of
39-24 actual and active social work practice with appropriate supervision
39-25 and clinical examination as determined by the board.
39-26 (e) Persons recognized as being qualified for the practice
39-27 of clinical social work pursuant to the provisions of this section
40-1 shall, for the purposes of Article 21.52, Insurance Code, as
40-2 amended, be authorized to use the title "advanced clinical
40-3 practitioner" or any other title approved by the board and said
40-4 other title shall mean the same as and be equivalent to, for any
40-5 and all purposes whatsoever, the title "advanced clinical
40-6 practitioner" as used in Article 21.52, Insurance Code, as amended.
40-7 SECTION 28. Section 50.025, Human Resources Code, is amended
40-8 to read as follows:
40-9 Sec. 50.025. Limitations. After the effective date of an
40-10 order of the board <department> establishing areas of specialty
40-11 service or practice, a licensed master <certified> social worker or
40-12 licensed social worker may not make use of a specialty professional
40-13 identification or title designated by the board <department> until
40-14 the person has qualified and been recognized by the board
40-15 <department> as worthy of the public trust in performing services
40-16 within the scope of the specialty.
40-17 SECTION 29. Section 50.026, Human Resources Code, is amended
40-18 to read as follows:
40-19 Sec. 50.026. Recognition Order. After a licensed master
40-20 <certified> social worker <or social worker> has met all
40-21 requirements of the board <department> for recognition in a
40-22 specialty established by the board <department>, the board
40-23 <department> shall recognize the person as so qualified. The
40-24 recognition shall be evidenced by an order of recognition of
40-25 specialty of a name, design, and content as the board <department>
40-26 shall determine, setting forth the full name of the person,
40-27 official specialty serial number, the signature of the presiding
41-1 officer <commissioner and the chairman> of the board <council>, and
41-2 the board's <department's> official seal. Issue of the order of
41-3 recognition of specialty shall be evidence that the person to whom
41-4 it is issued has been recognized by this state as a specialty
41-5 social work practitioner under the name or title designated by the
41-6 board <department>.
41-7 SECTION 30. Section 50.027, Human Resources Code, is amended
41-8 to read as follows:
41-9 Sec. 50.027. Expiration. The board <department> by rule
41-10 shall adopt a system under which orders of recognition of specialty
41-11 practice expire on various dates during the year, and the dates for
41-12 renewal shall be adjusted accordingly. On renewal of the specialty
41-13 order of recognition on the expiration date, the total specialty
41-14 order of recognition renewal fee is payable.
41-15 SECTION 31. Section 50.028, Human Resources Code, is amended
41-16 to read as follows:
41-17 Sec. 50.028. Violations. A person who violates this chapter
41-18 or a rule of the board <department> pertaining to the practice of
41-19 social work is subject to a civil penalty of not less than $50 nor
41-20 more than $500 for each day of violation.
41-21 SECTION 32. Section 50.029, Human Resources Code, is amended
41-22 to read as follows:
41-23 Sec. 50.029. INJUNCTIVE RELIEF <ENFORCEMENT>. (a) When it
41-24 appears that a person has violated or is violating or is
41-25 threatening to violate this chapter or a rule or order of the board
41-26 <department> pertaining to social work, the board or department may
41-27 cause a civil suit to be instituted in a district court for
42-1 injunctive relief to restrain the continued violation or threat of
42-2 violation or for the assessment and recovery of the civil penalty,
42-3 as the court may consider proper, or for both injunctive relief and
42-4 civil penalty. On application for injunctive relief and a finding
42-5 that a person is violating or threatening to violate this chapter
42-6 or a rule, variance, or order of the board or department, the
42-7 district court may grant the injunctive relief that the facts
42-8 warrant.
42-9 (b) At the request of the board or department, the attorney
42-10 general shall institute and conduct a suit in the name of this
42-11 state for injunctive relief or to recover the civil penalty or for
42-12 both injunctive relief and penalty, as authorized in Subsection (a)
42-13 <of this section>.
42-14 SECTION 33. Section 50.030, Human Resources Code, is amended
42-15 to read as follows:
42-16 Sec. 50.030. FUNDS <APPROPRIATION>. <For the biennium
42-17 ending August 31, 1983, the funds received in the social workers
42-18 fund are appropriated to the department to be expended by it in the
42-19 administration of this chapter.> To the extent applicable, the
42-20 general rules of the General Appropriations Act apply to the
42-21 expenditure of funds under an <this> appropriation.
42-22 SECTION 34. Section 50.031, Human Resources Code, is amended
42-23 to read as follows:
42-24 Sec. 50.031. Grants. The board or department may
42-25 <department is hereby empowered and authorized to> take all action
42-26 necessary to qualify for, accept, and receive funds or grants made
42-27 available by the United States or an agency of the United States,
43-1 by this state or any agency of this state, or by a private
43-2 foundation or other source for the establishment and maintenance of
43-3 programs of continuing education.
43-4 SECTION 35. Section 50.032, Human Resources Code, is amended
43-5 to read as follows:
43-6 Sec. 50.032. ENDORSEMENT <Reciprocity>. (a) The board
43-7 <department> may, on application and payment of the appropriate
43-8 fee, grant a provisional license to a <certify as a certified
43-9 social worker,> social worker<,> or social work associate <a
43-10 person> who is appropriately certified or licensed by another
43-11 state, territory, or possession of the United States if the
43-12 requirements of that state, territory, or possession for the
43-13 certificate or license are the substantial equivalent of the
43-14 requirements of this chapter as determined by the board
43-15 <department>. An applicant for a provisional license under this
43-16 section must:
43-17 (1) be licensed in good standing as a social worker or
43-18 social work associate in another state, the District of Columbia,
43-19 or a territory of the United States that has license requirements
43-20 that are substantially equivalent to the requirements of this
43-21 chapter;
43-22 (2) have passed a national or other examination
43-23 recognized by the board relating to social work; and
43-24 (3) be sponsored by a person licensed by the board
43-25 under this chapter with whom the provisional license holder may
43-26 practice under this section.
43-27 (b) An applicant for a provisional license may be excused
44-1 from the requirement of Subsection (a)(3) if the board determines
44-2 that compliance with that subsection constitutes a hardship to the
44-3 applicant.
44-4 (c) A provisional license is valid until the date the board
44-5 approves or denies the provisional license holder's application for
44-6 a license. The board shall issue a license under this chapter to
44-7 the holder of a provisional license under this section if:
44-8 (1) the provisional license holder passes the
44-9 examination required by Section 50.014;
44-10 (2) the board verifies that the provisional license
44-11 holder has the academic and experience requirements for a license
44-12 under this chapter; and
44-13 (3) the provisional license holder satisfies any other
44-14 license requirements under this chapter.
44-15 (d) The board must complete the processing of a provisional
44-16 license holder's application for a license not later than the 180th
44-17 day after the date the provisional license is issued or at the time
44-18 licenses are issued following the successful completion of the
44-19 examination, whichever is later.
44-20 (e) <(b)> The board <department> may waive any licensure
44-21 <certification> requirement for an applicant with a valid
44-22 certificate or license from another state with which the State of
44-23 Texas has a reciprocity agreement.
44-24 SECTION 36. Section 50.033, Human Resources Code, is amended
44-25 to read as follows:
44-26 Sec. 50.033. EMPLOYMENT OF SOCIAL WORKER. Nothing in this
44-27 chapter shall be construed as requiring the employment of a
45-1 licensed <certified> social worker, <a social worker, or> a social
45-2 work associate, or a licensed master social worker by any public
45-3 agency or private employer. As used in this section, private
45-4 employer includes but is not limited to a nonprofit corporation.
45-5 SECTION 37. Section 50.034, Human Resources Code, is amended
45-6 to read as follows:
45-7 Sec. 50.034. Continuing Education. (a) The board by rule
45-8 shall establish mandatory <department may recognize, prepare, or
45-9 administer> continuing education requirements <programs> for
45-10 licensed master <certified> social workers, licensed social
45-11 workers, and social work associates licensed <certified> under this
45-12 chapter<. Participation in the programs is voluntary>.
45-13 (b) The board by rule shall establish a minimum number of
45-14 hours of continuing education required to renew a license or order
45-15 of recognition under this chapter. The board may assess the
45-16 continuing education needs of license or order of recognition
45-17 holders and may require license or order of recognition holders to
45-18 attend continuing education courses specified by the board. The
45-19 board by rule shall develop a process to evaluate and approve
45-20 continuing education courses.
45-21 (c) The board shall identify the key factors for the
45-22 competent performance by a license or order of recognition holder
45-23 of the license or order of recognition holder's professional
45-24 duties. The board shall adopt a procedure to assess a license or
45-25 order of recognition holder's participation in continuing education
45-26 programs.
45-27 SECTION 38. Subsection (B), Section 2, Chapter 397, Acts of
46-1 the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas
46-2 Insurance Code), is amended to read as follows:
46-3 (B) No policy of accident and sickness insurance shall make
46-4 benefits contingent upon treatment or examination by a particular
46-5 practitioner or by particular practitioners of the healing arts
46-6 hereinafter designated unless such policy contains a provision
46-7 designating the practitioner or practitioners who will be
46-8 recognized by the insurer and those who will not be recognized by
46-9 the insurer. Such provision may be located in the "Exceptions" or
46-10 "Exceptions and Reductions" provisions, or elsewhere in the policy,
46-11 or by endorsement attached to the policy, at the insurer's option.
46-12 In designating the practitioners who will and will not be
46-13 recognized, such provision shall use the following terms: Doctor
46-14 of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
46-15 Chiropractic, Doctor of Optometry, Doctor of Podiatry, Audiologist,
46-16 Speech-language Pathologist, Doctor in Psychology, Licensed Master
46-17 <Certified> Social Worker--Advanced Clinical Practitioner, Licensed
46-18 Dietitian, Licensed Professional Counselor, and Licensed Marriage
46-19 and Family Therapist.
46-20 For purposes of this Act, such designations shall have the
46-21 following meanings:
46-22 Doctor of Medicine: One licensed by the Texas State Board of
46-23 Medical Examiners on the basis of the degree "Doctor of Medicine";
46-24 Doctor of Osteopathy: One licensed by the Texas State Board
46-25 of Medical Examiners on the basis of the degree of "Doctor of
46-26 Osteopathy";
46-27 Doctor of Dentistry: One licensed by the State Board of
47-1 Dental Examiners;
47-2 Doctor of Chiropractic: One licensed by the Texas Board of
47-3 Chiropractic Examiners;
47-4 Doctor of Optometry: One licensed by the Texas Optometry
47-5 Board;
47-6 Doctor of Podiatry: One licensed by the State Board of
47-7 Podiatry Examiners;
47-8 Audiologist: One with a master's or doctorate degree in
47-9 audiology from an accredited college or university and who is
47-10 certified by the American Speech-language and Hearing Association;
47-11 Speech-language Pathologist: One with a master's or
47-12 doctorate degree in speech pathology or speech-language pathology
47-13 from an accredited college or university and who is certified by
47-14 the American Speech-language and Hearing Association;
47-15 Doctor in Psychology: One licensed by the Texas State Board
47-16 of Examiners of Psychologists and certified as a Health Service
47-17 Provider;
47-18 Licensed Master <Certified> Social Worker--Advanced Clinical
47-19 Practitioner: One licensed <certified> by the Texas State Board of
47-20 Social Worker Examiners <Department of Human Services> as a
47-21 Licensed Master <Certified> Social Worker with the order of
47-22 recognition of Advanced Clinical Practitioner;
47-23 Licensed Dietitian: One licensed by the Texas State Board of
47-24 Examiners of Dietitians;
47-25 Licensed Professional Counselor: One licensed by the Texas
47-26 State Board of Examiners of Professional Counselors; and
47-27 Licensed Marriage and Family Therapist: One licensed by the
48-1 Texas State Board of Examiners of Marriage and Family Therapists.
48-2 SECTION 39. Sections 1 and 3, Article 21.52, Insurance Code,
48-3 as amended by Chapters 242 and 824, Acts of the 72nd Legislature,
48-4 Regular Session, 1991, are reenacted and amended to read as
48-5 follows:
48-6 Sec. 1. DEFINITIONS. As used in this article:
48-7 (a) "health insurance policy" means any individual,
48-8 group, blanket, or franchise insurance policy, insurance agreement,
48-9 or group hospital service contract, providing benefits for medical
48-10 or surgical expenses incurred as a result of an accident or
48-11 sickness;
48-12 (b) "doctor of podiatric medicine" includes D.P.M.,
48-13 podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
48-14 (c) "doctor of optometry" includes optometrist, doctor
48-15 of optometry, and O.D.;
48-16 (d) "doctor of chiropractic" means a person who is
48-17 licensed by the Texas Board of Chiropractic Examiners to practice
48-18 chiropractic;
48-19 (e) "licensed dentist" means a person who is licensed
48-20 to practice dentistry by the State Board of Dental Examiners;
48-21 (f) "audiologist" means a person who has received a
48-22 master's or doctorate degree in audiology from an accredited
48-23 college or university and is certified by the American
48-24 Speech-language and Hearing Association;
48-25 (g) "speech-language pathologist" means a person who
48-26 has received a master's or doctorate degree in speech-language
48-27 pathology from an accredited college or university and is
49-1 certified by the American Speech-language and Hearing Association
49-2 to restore speech loss or correct a speech impairment;
49-3 (h) "licensed master <certified> social
49-4 worker--advanced clinical practitioner" means a person who is
49-5 licensed <certified> by the Texas State Board of Social Worker
49-6 Examiners <Department of Human Services> as a licensed master
49-7 <certified> social worker with the order of recognition of advanced
49-8 clinical practitioner;
49-9 (i) "licensed dietitian" means a person who is
49-10 licensed by the Texas State Board of Examiners of Dietitians;
49-11 (j) "licensed professional counselor" means a person
49-12 who is licensed by the Texas State Board of Examiners of
49-13 Professional Counselors; <and>
49-14 (k) "psychologist" means a person licensed to practice
49-15 psychology by the Texas State Board of Examiners of Psychologists;
49-16 and<.>
49-17 (l) <(k)> "licensed marriage and family therapist"
49-18 means a person who is licensed by the Texas State Board of
49-19 Examiners of Marriage and Family Therapists.
49-20 Sec. 3. SELECTION OF PRACTITIONERS. Any person who is
49-21 issued, who is a party to, or who is a beneficiary under any health
49-22 insurance policy delivered, renewed, or issued for delivery in this
49-23 state by any insurance company, association, or organization to
49-24 which this article applies may select a licensed doctor of
49-25 podiatric medicine, a licensed dentist, or a doctor of chiropractic
49-26 to perform the medical or surgical services or procedures scheduled
49-27 in the policy which fall within the scope of the license of that
50-1 practitioner, a licensed doctor of optometry to perform the
50-2 services or procedures scheduled in the policy which fall within
50-3 the scope of the license of that doctor of optometry, an
50-4 audiologist to measure hearing for the purpose of determining the
50-5 presence or extent of a hearing loss and to provide aural
50-6 rehabilitation services to a person with a hearing loss if those
50-7 services or procedures are scheduled in the policy, a
50-8 speech-language pathologist to evaluate speech and language and to
50-9 provide habilitative and rehabilitative services to restore speech
50-10 or language loss or to correct a speech or language impairment if
50-11 those services or procedures are scheduled in the policy, a
50-12 licensed master <certified> social worker--advanced clinical
50-13 practitioner to provide the services that fall within the scope of
50-14 the license of such licensed <certified> practitioner and which are
50-15 specified as services within the terms of the policy of insurance,
50-16 including the provision of direct, diagnostic, preventive, or
50-17 clinical services to individuals, families, and groups whose
50-18 functioning is threatened or affected by social or psychological
50-19 stress or health impairment, if those services or procedures are
50-20 scheduled in the policy, a licensed dietitian including a
50-21 provisional licensed dietitian under a licensed dietitian's
50-22 supervision to provide the services that fall within the scope of
50-23 the license of that dietitian if those services are scheduled in
50-24 the policy, a licensed professional counselor to provide the
50-25 services that fall within the scope of the license of that
50-26 professional if those services are scheduled in the policy, or a
50-27 licensed marriage and family therapist to provide the services that
51-1 fall within the scope of the license of that professional if those
51-2 services are scheduled in the policy, or a psychologist to perform
51-3 the services or procedures scheduled in the policy that fall within
51-4 the scope of the license of that psychologist. The services of a
51-5 licensed master <certified> social worker--advanced clinical
51-6 practitioner, licensed professional counselor, or licensed marriage
51-7 and family therapist that are included in this Act may require a
51-8 professional recommendation by a doctor of medicine or doctor of
51-9 osteopathy unless the health insurance policy terms do not require
51-10 such a recommendation. The payment or reimbursement by the
51-11 insurance company, association, or organization for those services
51-12 or procedures in accordance with the payment schedule or the
51-13 payment provisions in the policy shall not be denied because the
51-14 same were performed by a licensed doctor of podiatric medicine, a
51-15 licensed doctor of optometry, a licensed doctor of chiropractic, a
51-16 licensed dentist, an audiologist, a speech-language pathologist, a
51-17 licensed master <certified> social worker--advanced clinical
51-18 practitioner, a licensed dietitian, a licensed professional
51-19 counselor, or a licensed marriage and family therapist, or a
51-20 psychologist. There shall not be any classification,
51-21 differentiation, or other discrimination in the payment schedule or
51-22 the payment provisions in a health insurance policy, nor in the
51-23 amount or manner of payment or reimbursement thereunder, between
51-24 scheduled services or procedures when performed by a doctor of
51-25 podiatric medicine, a doctor of optometry, a doctor of
51-26 chiropractic, a licensed dentist, an audiologist, a speech-language
51-27 pathologist, a licensed master <certified> social worker--advanced
52-1 clinical practitioner, a licensed dietitian, a licensed
52-2 professional counselor, or a licensed marriage and family
52-3 therapist, or a psychologist which fall within the scope of his
52-4 license or certification and the same services or procedures when
52-5 performed by any other practitioner of the healing arts whose
52-6 services or procedures are covered by the policy. Any provision in
52-7 a health insurance policy contrary to or in conflict with the
52-8 provisions of this article shall, to the extent of the conflict, be
52-9 void, but such invalidity shall not affect the validity of the
52-10 other provisions of this policy. Any presently approved policy
52-11 form containing any provision in conflict with the requirements of
52-12 this Act shall be brought into compliance with this Act by the use
52-13 of riders and endorsements which have been approved by the State
52-14 Board of Insurance or by the filing of new or revised policy forms
52-15 for approval by the State Board of Insurance.
52-16 SECTION 40. (a) As soon as possible after the effective
52-17 date of this Act, the governor shall appoint the initial members of
52-18 the Texas State Board of Social Worker Examiners in accordance with
52-19 this Act. In making the initial appointments, the governor shall
52-20 designate members to serve terms as follows:
52-21 (1) one member certified as a certified social worker
52-22 and eligible for licensure as a "licensed master social worker" who
52-23 holds an order of recognition as an "advanced clinical
52-24 practitioner" under this Act, one member certified as a social work
52-25 associate and eligible for licensure as a social work associate
52-26 under this Act, and one public member to serve for the terms
52-27 expiring January 31, 1995;
53-1 (2) one member certified as a certified social worker
53-2 and eligible for licensure as a "licensed master social worker" who
53-3 holds an order of recognition as an "advanced clinical
53-4 practitioner" under this Act, one member certified as a social
53-5 worker and eligible for licensure as a licensed social worker under
53-6 this Act, and one public member to serve for the terms expiring
53-7 January 31, 1997; and
53-8 (3) one member certified as a certified social worker
53-9 and eligible for licensure as a "licensed master social worker" who
53-10 may or may not hold an order of recognition as an "advanced
53-11 clinical practitioner" under this Act, one member certified as a
53-12 social worker and eligible for licensure as a licensed social
53-13 worker under this Act, and one public member to serve for the terms
53-14 expiring January 31, 1999.
53-15 (b) The Texas State Board of Social Worker Examiners may not
53-16 take any action and is not created until the day after the date
53-17 that the last appointee to the initial board takes office. On the
53-18 date of its creation, the board assumes its functions and:
53-19 (1) the Council for Social Work Certification is
53-20 abolished;
53-21 (2) the obligations, rights, contracts, equipment,
53-22 other property, personnel, and records of and the unspent money
53-23 appropriated to or for the Council for Social Work Certification in
53-24 the social worker fund are transferred to and for the Texas
53-25 Department of Health;
53-26 (3) the rules of the Council for Social Work
53-27 Certification and Department of Human Services regarding the
54-1 certification or licensure, recognition, and regulation of social
54-2 workers are continued in effect as rules of the Texas State Board
54-3 of Social Worker Examiners until superseded by rule of the new
54-4 board;
54-5 (4) the certificates and orders of recognition in
54-6 effect that were issued by the Council for Social Work
54-7 Certification and the Department of Human Services are continued in
54-8 effect as licenses and orders of recognition of the Texas State
54-9 Board of Social Worker Examiners as provided in this section;
54-10 (5) a complaint or investigation pending before the
54-11 Council for Social Work Certification or the Department of Human
54-12 Services is transferred without change in status to the Texas State
54-13 Board of Social Worker Examiners;
54-14 (6) a contested case pending before the Council for
54-15 Social Work Certification or the Department of Human Services is
54-16 transferred to the Texas State Board of Social Worker Examiners,
54-17 and actions taken in the proceeding are treated as if taken by the
54-18 Texas State Board of Social Worker Examiners; and
54-19 (7) any reference in a law to the Council for Social
54-20 Work Certification means the Texas State Board of Social Worker
54-21 Examiners.
54-22 (c) In order to effect a transition from the certification
54-23 of social workers to licensure:
54-24 (1) any qualified person certified in good standing as
54-25 of August 31, 1993, under the Social Work Certification Act as a
54-26 "certified social worker" shall, on the date of renewal of the
54-27 certificate and subsequent renewals, receive a license as a
55-1 "licensed master social worker" without examination under the
55-2 requirements in effect on or before August 31, 1993;
55-3 (2) any qualified person certified in good standing as
55-4 of August 31, 1993, under the Social Work Certification Act as a
55-5 "social worker" shall, on the date of renewal of the certificate
55-6 and subsequent renewals, receive a license as a "licensed social
55-7 worker" without examination under the requirements in effect on or
55-8 before August 31, 1993;
55-9 (3) any qualified person certified in good standing as
55-10 of August 31, 1993, under the Social Work Certification Act as a
55-11 "social work associate" shall, on the date of renewal of the
55-12 certificate and subsequent renewals, receive a license as a "social
55-13 work associate" without examination under the requirements in
55-14 effect on or before August 31, 1993;
55-15 (4) any qualified person certified in good standing as
55-16 of August 31, 1993, under the Social Work Certification Act as a
55-17 "certified social worker -- advanced clinical practitioner" shall,
55-18 on the date of renewal of the order of recognition and subsequent
55-19 renewals, be recognized as being qualified for the private,
55-20 independent practice of social work under this Act, without
55-21 examination under the requirements in effect on or before
55-22 August 31, 1993;
55-23 (5) any qualified person certified in good standing as
55-24 of August 31, 1993, under the Social Work Certification Act as a
55-25 "certified social worker -- advanced clinical practitioner" shall,
55-26 on the date of renewal of the order of recognition and subsequent
55-27 renewals, be recognized as being qualified for the practice of
56-1 clinical social work and the use of the authorized specialty
56-2 designation evidencing same under this Act without examination, and
56-3 on application pursuant to the provisions of this Act shall be so
56-4 recognized;
56-5 (6) any person with an application on file for
56-6 certification as a social work associate 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 social work associate;
56-10 (7) any person with an application on file for
56-11 certification as a social worker with the Department of Human
56-12 Services as of August 31, 1993, and who completes the requirements
56-13 of this Act before August 31, 1994, shall be licensed as a licensed
56-14 social worker; and
56-15 (8) any person with an application on file for
56-16 certification as a certified social worker with the Department of
56-17 Human Services as of August 31, 1993, and who completes the
56-18 requirements in effect on the day the application was submitted
56-19 shall be licensed as a licensed master social worker.
56-20 (d) The Texas State Board of Social Worker Examiners shall
56-21 adopt rules under this Act not later than March 1, 1994.
56-22 SECTION 41. This Act takes effect September 1, 1993.
56-23 SECTION 42. The importance of this legislation and the
56-24 crowded condition of the calendars in both houses create an
56-25 emergency and an imperative public necessity that the
56-26 constitutional rule requiring bills to be read on three several
56-27 days in each house be suspended, and this rule is hereby suspended.