By: Parker S.B. No. 1426
73R6981 CAG-D
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. Definitions. (a) In this chapter:
1-9 (1) "Board" means the Texas State Board of Examiners
1-10 of Social Workers <Human Services>.
1-11 (2) "Certified social worker" means a person who is
1-12 duly certified as a certified social worker by the board
1-13 <department> in accordance with this chapter.
1-14 (3) "Social work services" means the professional
1-15 activity of helping individuals, groups, or communities enhance or
1-16 restore their capacity for social functioning and creating social
1-17 conditions favorable to this goal. Social work services consist of
1-18 the professional application of social work values, principles, and
1-19 techniques to one or more of the following ends: helping people
1-20 obtain tangible services, counseling with individuals, families, or
1-21 groups, helping communities or groups provide social and health
1-22 services, and participating in formulating relevant public
1-23 policies. The practice of social work requires knowledge of human
1-24 development and behavior, of social, economic, and cultural
2-1 institutions, and of the interaction of all these factors.
2-2 (4) "Social worker" means a person who has been duly
2-3 certified as a social worker by the board <department> in
2-4 accordance with this chapter.
2-5 (5) "Social work associate" means a person who has
2-6 been duly certified as a social work associate by the board
2-7 <department> in accordance with this chapter.
2-8 (6) "Department" means the Texas Department of Health.
2-9 <(6) "Council" means the Council for Social Work
2-10 Certification.>
2-11 <(7) "Department" means the Texas Department of Human
2-12 Services.>
2-13 (b) The department may define by rule any word or term not
2-14 defined in this section as necessary to administer or enforce this
2-15 chapter. The definition may not be inconsistent or in conflict
2-16 with the purposes or objectives of this chapter.
2-17 SECTION 2. Section 50.004, Human Resources Code, is amended
2-18 to read as follows:
2-19 Sec. 50.004. Texas State Board of Examiners of Social
2-20 Workers <Council for Social Work Certification>. (a) The Texas
2-21 State Board of Examiners of Social Workers <Council for Social Work
2-22 Certification> is created <to advise the department on problems
2-23 relating to the practice of social work. The council shall review
2-24 rules and minimum standards for social work certification and make
2-25 recommendations to the department concerning rules, standards, and
2-26 administration under this chapter>.
2-27 (b) The board <council> is composed of nine members
3-1 appointed by the governor with the advice and consent of the senate
3-2 <board upon the recommendation of the commissioner>. The board
3-3 <council> is composed as follows: three members shall be at all
3-4 times certified social workers certified under this chapter, three
3-5 members shall be at all times social workers or social work
3-6 associates certified under this chapter, and the remaining three
3-7 members shall be representatives of the public who are not
3-8 certified under this chapter and who do not have, other than as
3-9 consumers, any interest in the practice of social work. <Until
3-10 December 31, 1987, one member who is a certified social worker must
3-11 have been certified under the work experience qualifications
3-12 prescribed by Subdivision (3) or (4) of Subsection (a) of Section
3-13 50.015 of this chapter, and one member who is a social worker must
3-14 have been certified under the work experience qualifications
3-15 prescribed by Subdivisions (2), (3), or (4) of Subsection (a) of
3-16 Section 50.016 of this chapter.>
3-17 (c) Members of the board <Except for the initial
3-18 appointments, members> hold office for staggered terms of six
3-19 <three> years with three members' terms expiring February 1
3-20 <January 31> of each odd-numbered year. A member appointed to fill
3-21 a vacancy shall hold office for the remainder of that term. <In
3-22 making the initial appointments, the board shall appoint members
3-23 within 90 days after this chapter takes effect to serve the
3-24 following terms: three members for terms that expire January 31,
3-25 1985, three members for terms that expire January 31, 1984, and
3-26 three members for terms that expire January 31, 1983.>
3-27 (d) The board shall make appointments to the council after
4-1 considering how representative the council is with regard to race,
4-2 sex, age, and geographical representation.
4-3 (e) <It is a ground for removal from the council that a
4-4 member:>
4-5 <(1) does not have at the time of appointment the
4-6 qualifications required by Subsection (b) of this section for
4-7 appointment to the council;>
4-8 <(2) does not maintain during the service on the
4-9 council the qualifications required by Subsection (b) of this
4-10 section for appointment to the council; or>
4-11 <(3) violates a prohibition established by Subsection
4-12 (g) or (h) of this section. The validity of an action of the
4-13 council is not affected by the fact that it was taken when a ground
4-14 for removal of a member of the council existed.>
4-15 <(f) A person who is required to register as a lobbyist
4-16 under Chapter 305, Government Code, by virtue of his activities for
4-17 compensation in or on behalf of a profession related to the
4-18 operation of the council may not serve as a council member or act
4-19 as the general counsel to the council.>
4-20 <(g) A member or employee of the council may not be an
4-21 officer, employee, or paid consultant of a trade association in the
4-22 field of social work.>
4-23 <(h) A member or employee of the council may not be related
4-24 within the second degree by affinity or consanguinity, as
4-25 determined under Article 5996h, Revised Statutes, to a person who
4-26 is an officer, employee, or paid consultant of a trade association
4-27 in the field of social work.>
5-1 <(i) Members of the council must be citizens of the United
5-2 States and residents of this state. Social workers appointed to
5-3 the board must be certified as required by this section, except
5-4 that the initial appointees must be persons who are eligible for
5-5 the appropriate certificate and must have actively, actually, and
5-6 continuously engaged in rendering social work services or in social
5-7 work teaching or administration for a period of at least five years
5-8 immediately preceding appointment.>
5-9 <(j)> Each member of the board <council> is entitled to a
5-10 per diem as set by legislative appropriation for state employees
5-11 and travel expenses to and from the business of the board
5-12 <council>. No member shall receive actual or necessary expenses
5-13 except for travel to and from meetings.
5-14 (f) <(k)> The board <council> shall meet at least once a
5-15 year. At the first regular meeting each year the board <council>
5-16 shall elect a presiding officer and other officers <chairman and a
5-17 vice-chairman>. Other regular meetings may be held as the rules of
5-18 the board <council> may provide. Special meetings may be held at
5-19 times considered advisable by the board <council>.
5-20 (g) <(l)> The board <council> is subject to the open
5-21 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
5-22 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
5-23 Statutes), and the Administrative Procedure and Texas Register Act,
5-24 as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
5-25 <(m) The department shall provide staff necessary to assist
5-26 the council in performing its duties. The staff person directly
5-27 responsible for the administration of this chapter shall at all
6-1 times have the confidence of the majority of the council.>
6-2 (h) <(n)> The Texas State Board of Examiners of Social
6-3 Workers <Council for Social Work Certification> is subject to
6-4 Chapter 325, Government Code (Texas Sunset Act). Unless continued
6-5 in existence as provided by that chapter, the board <council> is
6-6 abolished and this section expires September 1, 2005 <1993>. <If
6-7 the council is continued in existence beyond that date, subsequent
6-8 sunset provisions should be made to conform with those of the Texas
6-9 Department of Human Services.>
6-10 SECTION 3. Chapter 50, Human Resources Code, is amended by
6-11 adding Sections 50.0041-50.0046 to read as follows:
6-12 Sec. 50.0041. PUBLIC MEMBERSHIP RESTRICTION. A person is
6-13 not eligible for appointment as a public member of the board if the
6-14 person or the person's spouse:
6-15 (1) is registered, certified, or licensed by an
6-16 occupational regulatory agency in the field of health care;
6-17 (2) is employed by or participates in the management
6-18 of a business entity or other organization regulated by the board
6-19 or the department or receiving funds from the board or the
6-20 department;
6-21 (3) owns or controls, directly or indirectly, more
6-22 than 10 percent interest in a business entity or other organization
6-23 regulated by the board or the department or receiving funds from
6-24 the board or the department; or
6-25 (4) uses or receives a substantial amount of tangible
6-26 goods, services, or funds from the board or the department, other
6-27 than compensation or reimbursement authorized by law for board
7-1 membership, attendance, or expenses.
7-2 Sec. 50.0042. CONFLICT OF INTEREST RESTRICTIONS. (a) An
7-3 officer, employee, or paid consultant of a Texas trade association
7-4 in the field of health care may not be a member of the board or
7-5 employee of the department who is exempt from the state's position
7-6 classification plan or is compensated at or above the amount
7-7 prescribed by the General Appropriations Act for step 1, salary
7-8 group 17, of the position classification salary schedule.
7-9 (b) A person who is the spouse of an officer, manager, or
7-10 paid consultant of a Texas trade association in the field of health
7-11 care may not be a board member and may not be an employee of the
7-12 department who is exempt from the state's position classification
7-13 plan or is compensated at or above the amount prescribed by the
7-14 General Appropriations Act for step 1, salary group 17, of the
7-15 position classification salary schedule.
7-16 (c) For the purposes of this section, a Texas trade
7-17 association is a nonprofit, cooperative, and voluntarily joined
7-18 association of business or professional competitors in this state
7-19 designed to assist its members and its industry or profession in
7-20 dealing with mutual business or professional problems and in
7-21 promoting their common interest.
7-22 Sec. 50.0043. EFFECT OF LOBBYING ACTIVITY. A person may not
7-23 serve as a member of the board if the person is required to
7-24 register as a lobbyist under Chapter 305, Government Code, and its
7-25 subsequent amendments, because of the person's activities for
7-26 compensation on behalf of a profession related to the operation of
7-27 the board.
8-1 Sec. 50.0044. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
8-2 ground for removal from the board if a member:
8-3 (1) does not have at the time of appointment the
8-4 qualifications required by Section 50.004;
8-5 (2) does not maintain during service on the board the
8-6 qualifications required by Section 50.004;
8-7 (3) violates a prohibition established by Section
8-8 50.0042 or 50.0043;
8-9 (4) cannot discharge the member's term for a
8-10 substantial part of the term for which the member is appointed
8-11 because of illness or disability; or
8-12 (5) is absent from more than half of the regularly
8-13 scheduled board meetings that the member is eligible to attend
8-14 during a calendar year unless the absence is excused by majority
8-15 vote of the board.
8-16 (b) The validity of an action of the board is not affected
8-17 by the fact that it is taken when a ground for removal of a board
8-18 member exists.
8-19 (c) If the program director has knowledge that a potential
8-20 ground for removal exists, the program director shall notify the
8-21 presiding officer of the board of the ground. The presiding
8-22 officer shall then notify the governor that a potential ground for
8-23 removal exists.
8-24 Sec. 50.0045. STAFF. (a) The department shall provide
8-25 staff necessary to assist the board in performing its duties. The
8-26 department shall employ a program director to coordinate the
8-27 department's administrative and clerical employees as necessary to
9-1 carry out the board's functions.
9-2 (b) The board shall develop and implement policies that
9-3 clearly define the respective responsibilities of the board and the
9-4 staff of the department.
9-5 Sec. 50.0046. DEPARTMENT OVERSIGHT OF BOARD. (a) Except as
9-6 otherwise provided, a rule or order adopted or issued by the board
9-7 must be approved by the department. A rule or order is not
9-8 effective until it is approved by the department.
9-9 (b) A disciplinary action taken by the board is final when
9-10 the order is issued by the board. The board shall report to the
9-11 department all disciplinary actions taken.
9-12 (c) The board shall file with the department an annual
9-13 report of actions taken by the board.
9-14 SECTION 4. Section 50.005, Human Resources Code, is amended
9-15 to read as follows:
9-16 Sec. 50.005. Funding. (a) All money paid to the department
9-17 <derived from fees, assessments, or charges> under this chapter
9-18 shall be deposited <paid by the department> into the State Treasury
9-19 <for safekeeping and shall be placed by the State Treasurer> in a
9-20 separate fund to be known as the social workers fund. The money
9-21 shall be available to the department exclusively for the
9-22 administration, implementation, and enforcement of this chapter.
9-23 Surpluses are reserved for the use of the department in the
9-24 administration and enforcement of this chapter.
9-25 (b) The comptroller shall, on requisition of the department,
9-26 draw warrants from time to time on the State Treasurer for the
9-27 amount specified in the requisition, not exceeding the amount in
10-1 the fund at the time the requisition is made. However, all money
10-2 expended in the administration, implementation, or enforcement of
10-3 this chapter shall be specified and determined by itemized
10-4 appropriation in the General Appropriations Act for the department
10-5 and not otherwise.
10-6 SECTION 5. Section 50.006, Human Resources Code, is amended
10-7 to read as follows:
10-8 Sec. 50.006. Regulation and Enforcement. (a) The board
10-9 <department> may <adopt and> enforce <the> rules adopted by the
10-10 board and approved by the department necessary for the performance
10-11 of its duties, establish standards of conduct and ethics for all
10-12 persons certified under this chapter, and ensure strict compliance
10-13 with and enforcement of this chapter.
10-14 (b) The violation by a certified social worker, social
10-15 worker, or social work associate of this chapter or of any rule of
10-16 the board <department> pertaining to the practice of social work is
10-17 sufficient reason to suspend or revoke a certificate issued under
10-18 this chapter.
10-19 (c) In addition to any other action, proceeding, or remedy
10-20 authorized by law, the board or department may institute an action
10-21 to enjoin a violation of this chapter or a rule of the board
10-22 <department>. In order for the board or department to sustain the
10-23 action, it is not necessary to allege or prove the lack of an
10-24 adequate remedy at law or that substantial or irreparable damage
10-25 would result from the continued violation. Either party to the
10-26 action may appeal to the appellate court having jurisdiction of the
10-27 cause. The board or department shall not be required to give any
11-1 appeal bond in any cause arising under this chapter. The attorney
11-2 general shall represent the board or department in all actions and
11-3 proceedings to enforce this chapter.
11-4 (d) The board <department> shall prepare information of
11-5 consumer interest describing the regulatory functions of the board
11-6 <department> and describing the board's <department's> procedures
11-7 by which consumer complaints are filed with and resolved by the
11-8 board <department>. The board <department> shall make the
11-9 information available to the general public and appropriate state
11-10 agencies.
11-11 (e) The board by rule shall establish methods by which
11-12 consumers and service recipients are notified of the name, mailing
11-13 address, and telephone number of the board for the purpose of
11-14 directing complaints to the board. The board may provide for that
11-15 notification:
11-16 (1) on each registration form, application, or written
11-17 contract for services of an individual or entity regulated by the
11-18 board;
11-19 (2) on a sign prominently displayed in the place of
11-20 business of each individual or entity regulated by the board; or
11-21 (3) in a bill for service provided by an individual or
11-22 entity regulated by the board.
11-23 (f) The board shall list along with its regular telephone
11-24 number the toll-free telephone number that may be called to present
11-25 a complaint about a health professional if the toll-free number is
11-26 established under other state law <There shall be prominently
11-27 displayed at all times in the place of business of each person
12-1 certified under this chapter a sign containing the name, mailing
12-2 address, and telephone number of the department and a statement
12-3 informing consumers that complaints against persons certified under
12-4 this chapter may be directed to the department>.
12-5 SECTION 6. Section 50.0061, Human Resources Code, is amended
12-6 to read as follows:
12-7 Sec. 50.0061. Advertising. (a) The board <department> may
12-8 not adopt rules restricting competitive bidding or advertising by a
12-9 person regulated by the board <department> except to prohibit
12-10 false, misleading, or deceptive practices by the person.
12-11 (b) The board <department> may not include in its rules to
12-12 prohibit false, misleading, or deceptive practices by a person
12-13 regulated by the board <department> a rule that:
12-14 (1) restricts the person's use of any medium for
12-15 advertising;
12-16 (2) restricts the person's personal appearance or use
12-17 of the person's <his> voice in an advertisement;
12-18 (3) relates to the size or duration of an
12-19 advertisement by the person; or
12-20 (4) restricts the person's advertisement under a trade
12-21 name.
12-22 SECTION 7. Chapter 50, Human Resources Code, is amended by
12-23 adding Sections 50.0062-50.0064 to read as follows:
12-24 Sec. 50.0062. PUBLIC PARTICIPATION IN BOARD HEARINGS. The
12-25 board shall develop and implement policies that provide the public
12-26 with a reasonable opportunity to appear before the board and to
12-27 speak on any issue under the jurisdiction of the board.
13-1 Sec. 50.0063. PROGRAM ACCESSIBILITY. The board shall
13-2 prepare and maintain a written plan that describes how a person who
13-3 does not speak English can be provided reasonable access to the
13-4 board's programs. The board shall also comply with federal and
13-5 state laws for program and facility accessibility.
13-6 Sec. 50.0064. TRAINING; STANDARDS OF CONDUCT INFORMATION.
13-7 (a) Each board member shall comply with the board member training
13-8 requirements established by any other state agency that is given
13-9 authority to establish the requirements for the board.
13-10 (b) The board shall provide to its members and employees, as
13-11 often as necessary, information regarding their qualifications for
13-12 office or employment under this article and their responsibilities
13-13 under applicable laws relating to standards of conduct for state
13-14 officers or employees.
13-15 SECTION 8. Section 50.008(a), Human Resources Code, is
13-16 amended to read as follows:
13-17 (a) A roster showing the names and addresses, as reflected
13-18 by the board's <department's> records, of all certified social
13-19 workers, social workers, and social work associates certified by
13-20 the department shall be prepared and published by the department at
13-21 its discretion. Copies of the roster shall be mailed to each
13-22 person certified by the department placed on file with the
13-23 secretary of state.
13-24 SECTION 9. Section 50.009, Human Resources Code, is amended
13-25 to read as follows:
13-26 Sec. 50.009. Fees. (a) The department by rule shall
13-27 establish reasonable and necessary<, charge, and collect> fees so
14-1 that the fees, in the aggregate, produce sufficient revenues to
14-2 cover the cost of administering this chapter<, as follows:>
14-3 <(1) a fee for the filing of an application to take an
14-4 examination for a certificate under this chapter;>
14-5 <(2) a fee for the taking of an examination;>
14-6 <(3) a fee for the original issuance of certificate
14-7 under this chapter;>
14-8 <(4) a fee for the original issuance of an order of
14-9 recognition to practice a specialty in the practice of social work;>
14-10 <(5) a fee for an annual renewal of an order of
14-11 recognition to practice a specialty in the practice of social work;>
14-12 <(6) a fee for an annual renewal of a certificate
14-13 issued in accordance with this chapter;>
14-14 <(7) a fee for replacement of a certificate, specialty
14-15 order of recognition, or renewal lost or destroyed; and>
14-16 <(8) a fee for a copy of the official roster of
14-17 certified persons published by the department for the one copy
14-18 mailed to each person certified>.
14-19 (b) The fees set by the department may be adjusted so that
14-20 the total fees collected are sufficient to meet the expenses of
14-21 administering this chapter. The department may not set a fee for
14-22 an amount less than the amount of that fee on September 1, 1993
14-23 <If a certified social work associate is qualified on September 2,
14-24 1983, to be examined for a certificate as a social worker because
14-25 of a legislative change in qualifications under Section 50.016 of
14-26 this chapter, the department may not charge or collect a fee for
14-27 issuing the social worker certificate to that person>.
15-1 SECTION 10. Section 50.011, Human Resources Code, is amended
15-2 to read as follows:
15-3 Sec. 50.011. Professional Identification. A person
15-4 certified by the board <department> in accordance with this chapter
15-5 shall, in the professional use of the person's <his> name or any
15-6 sign, directory, listing, contract, document, pamphlet, stationery,
15-7 letterhead, advertisement, signature, or other means of
15-8 professional identification, written or printed, use the following
15-9 legally required identifications:
15-10 (1) if certified as a certified social worker, the
15-11 words "certified social worker" or the initials "C.S.W.";
15-12 (2) if certified as a social worker, the words "social
15-13 worker" or the initials "S.W."; or
15-14 (3) if certified as a social work associate, the words
15-15 "social work associate" or the initials "S.W.A."
15-16 SECTION 11. Section 50.013, Human Resources Code, is amended
15-17 to read as follows:
15-18 Sec. 50.013. Applications. An application for certification
15-19 under this chapter shall be on a form prescribed by the board and
15-20 approved and furnished by the department and shall contain
15-21 statements made under oath setting forth in detail the applicant's
15-22 education, experience, and other information as required by the
15-23 board <department> that qualify the applicant for a certificate
15-24 under this chapter. No person is eligible for a certificate
15-25 provided under this chapter unless he is at least 18 years of age
15-26 and worthy of the public trust and confidence.
15-27 SECTION 12. Section 50.014, Human Resources Code, is amended
16-1 to read as follows:
16-2 Sec. 50.014. Examinations. (a) At least once each calendar
16-3 year the board <department> shall prepare and administer an
16-4 examination to determine the qualifications of applicants for
16-5 certificates under this chapter. Examinations shall be conducted
16-6 in the manner the board <department> determines and in a manner
16-7 that is fair and impartial to all individuals and to every school
16-8 or system of social work. Applicants shall be known to the
16-9 examiners only by numbers until after the general averages of the
16-10 applicants in a class have been determined and certificates have
16-11 been granted or refused. The scope and content of examinations
16-12 shall be sufficient to ensure professional efficacy and competence
16-13 in keeping with the highest standards of the social work
16-14 profession. The board shall have the written portion of the
16-15 examination, if any, validated by an independent testing entity.
16-16 (b) On satisfactory completion of all requirements of the
16-17 examination conducted by the board <department>, an applicant may
16-18 be granted a certificate as a certified social worker, social
16-19 worker, or social work associate as the board <department>
16-20 determines.
16-21 (c) The board by rule shall establish:
16-22 (1) a limit on the number of times an applicant who
16-23 fails an examination may retake the examination;
16-24 (2) requirements for retaking an examination; and
16-25 (3) alternative methods of examining competency <An
16-26 applicant who fails an examination may be reexamined at a
16-27 subsequent time on payment of the required fees. An applicant may
17-1 be reexamined only three times for the same certificate>.
17-2 (d) If requested by a person who fails the examination for a
17-3 certificate, the board <department> shall furnish to the person an
17-4 analysis of the person's performance on the examination.
17-5 (e) Not later than the 30th day after the day on which a
17-6 certification examination is administered under this chapter, the
17-7 board <department> shall notify each examinee of the results of the
17-8 examination. However, if an examination is graded or reviewed by a
17-9 national testing service, the board <department> shall notify
17-10 examinees of the results of the examination not later than the 14th
17-11 day after the day on which the board <department> receives the
17-12 results from the testing service. If the notice of the examination
17-13 results will be delayed for longer than 90 days after the
17-14 examination date, the board <department> shall notify the examinee
17-15 of the reason for the delay before the 90th day.
17-16 SECTION 13. Section 50.015, Human Resources Code, is amended
17-17 to read as follows:
17-18 Sec. 50.015. Certified Social Worker. The board <(a)
17-19 Until December 31, 1985, the department> shall consider <the
17-20 following as minimum evidence that an applicant is qualified to be
17-21 examined for a certificate as a certified social worker:>
17-22 <(1)> a doctoral degree or master's degree in social
17-23 work from an accredited graduate program approved by the board
17-24 <department;>
17-25 <(2) a doctoral degree or master's degree not in
17-26 social work from an accredited program approved by the department
17-27 and the successful completion of two years' actual and active
18-1 social work experience approved by the department; or>
18-2 <(3) a baccalaureate degree in social work or a
18-3 related field from an educational program approved by the
18-4 department and the successful completion of five years' actual and
18-5 active social work experience approved by the department; or>
18-6 <(4) a baccalaureate degree not in social work or a
18-7 related field from an educational institution approved by the
18-8 department and the successful completion of 10 years' actual and
18-9 active social work experience approved by the department.>
18-10 <(b) After December 31, 1985, the department shall consider
18-11 only the qualifications prescribed by Subdivision (1) of Subsection
18-12 (a) of this section> as minimum evidence that an applicant is
18-13 qualified to be examined for a certificate as a certified social
18-14 worker.
18-15 SECTION 14. Section 50.016, Human Resources Code, is amended
18-16 to read as follows:
18-17 Sec. 50.016. Social Worker. The board <(a) Until December
18-18 31, 1985, the department> shall consider <the following as minimum
18-19 evidence that an applicant is qualified to be examined for a
18-20 certificate as a social worker:>
18-21 <(1)> a baccalaureate degree in social work from an
18-22 educational program approved by the board <department;>
18-23 <(2) a baccalaureate degree not in social work from an
18-24 educational institution approved by the department and the
18-25 successful completion of five years' actual and active social work
18-26 experience approved by the department;>
18-27 <(3) an associate degree from an educational
19-1 institution approved by the department and the successful
19-2 completion of 10 years' actual and active social work experience
19-3 approved by the department; or>
19-4 <(4) a high school diploma or its substantial
19-5 equivalent as determined by the department and the successful
19-6 completion of 15 years' actual and active social work experience
19-7 approved by the department.>
19-8 <(b) After December 31, 1985, the department shall consider
19-9 only the qualifications prescribed by Subdivision (1) of Subsection
19-10 (a) of this section> as minimum evidence that an applicant is
19-11 qualified to be examined for a certificate as a social worker.
19-12 SECTION 15. Section 50.017, Human Resources Code, is amended
19-13 to read as follows:
19-14 Sec. 50.017. Social Work Associate. <(a)> The board
19-15 <department> shall consider the following as minimum evidence that
19-16 an applicant is qualified to be examined for a certificate as a
19-17 social work associate:
19-18 (1) a baccalaureate degree from an accredited
19-19 educational institution and the additional satisfactory completion
19-20 of a specified number of years of actual and active social work
19-21 experience approved by the board <department>;
19-22 (2) an associate of arts degree from an accredited
19-23 educational institution and the additional satisfactory completion
19-24 of a specified number of years of actual and active social work
19-25 experience approved by the board <department>; or
19-26 (3) a high school diploma or its substantial
19-27 equivalent as determined by the board <department> and the
20-1 satisfactory completion of a specified number of years of actual
20-2 and active social work experience approved by the board
20-3 <department>.
20-4 SECTION 16. Section 50.018, Human Resources Code, is amended
20-5 to read as follows:
20-6 Sec. 50.018. Experience Evaluation. In determining the
20-7 credibility and acceptability of an applicant's professional or
20-8 technical experience or competence, the board <department> may
20-9 require documentary evidence of the quality, scope, and nature of
20-10 the experience and competence as necessary to ensure public safety,
20-11 health, and welfare.
20-12 SECTION 17. Section 50.020(a), Human Resources Code, is
20-13 amended to read as follows:
20-14 (a) The board <department> shall establish procedures for
20-15 the recognition of persons qualified for the private, independent
20-16 practice of social work and publish or cause to be published a
20-17 roster of qualified persons. Minimum qualifications for
20-18 recognition shall include:
20-19 (1) certification as a certified social worker under
20-20 this chapter; or
20-21 (2) a number of years of acceptable social work
20-22 experience as determined by the board <department>.
20-23 SECTION 18. Section 50.021, Human Resources Code, is amended
20-24 to read as follows:
20-25 Sec. 50.021. Revocation and Suspension. (a) The board
20-26 shall revoke or suspend <department may refuse to issue or to
20-27 renew> a certificate or order of recognition, <may> place on
21-1 probation a person whose certificate or order of recognition has
21-2 been suspended, or <may> reprimand a person with a certificate or
21-3 order of recognition<, or may revoke or suspend a certificate or
21-4 order of recognition issued under this chapter> for any of the
21-5 following reasons:
21-6 (1) violating a provision of this chapter or a rule of
21-7 the board <department>;
21-8 (2) circumventing or attempting to circumvent this
21-9 chapter or a rule of the board <department>;
21-10 (3) participating, directly or indirectly, in a plan,
21-11 scheme, or arrangement attempting or having as its purpose the
21-12 evasion of this chapter or a rule of the board <department>;
21-13 (4) engaging in unethical conduct;
21-14 (5) engaging in conduct which discredits or tends to
21-15 discredit the profession of social work;
21-16 (6) performing an act, allowing an omission, or making
21-17 an assertion or representation that is fraudulent, deceitful, or
21-18 misleading or that in any manner tends to create a misleading
21-19 impression;
21-20 (7) knowingly associating with or permitting or
21-21 allowing the use of any certified person's professional services or
21-22 professional identification in a project or enterprise that the
21-23 person knows or with the exercise of reasonable diligence should
21-24 know is a practice that violates this chapter or a rule of the
21-25 board <department> pertaining to the practice of social work;
21-26 (8) knowingly associating with or permitting the use
21-27 of a certified person's name, professional services, professional
22-1 identification, or endorsement in connection with a venture or
22-2 enterprise that the person knows or with the exercise of reasonable
22-3 diligence should know is a trade, business, or professional
22-4 practice of a fraudulent, deceitful, misleading, or dishonest
22-5 nature;
22-6 (9) revealing, directly or indirectly, or causing to
22-7 be revealed a confidential communication transmitted to the
22-8 certified person by a client or recipient of his services except as
22-9 may be required by law;
22-10 (10) having a certificate or a license to practice
22-11 social work in another jurisdiction denied, suspended, or revoked
22-12 for reasons or causes the board <department> finds would constitute
22-13 a violation of this chapter or a rule pertaining to the practice of
22-14 social work adopted by the board <department>;
22-15 (11) having been convicted of a felony in an American
22-16 jurisdiction; or
22-17 (12) refusing to do or perform any act or service for
22-18 which the person is certified under this chapter solely on the
22-19 basis of the recipient's age, sex, race, religion, national origin,
22-20 color, or political affiliation.
22-21 (b) If a certificate or order of recognition suspension is
22-22 probated, the board may require the probationer to:
22-23 (1) report regularly to the board on matters that are
22-24 the basis of the probation;
22-25 (2) limit practice to the areas prescribed by the
22-26 board; or
22-27 (3) continue or review continuing professional
23-1 education until the probationer attains a degree of skill
23-2 satisfactory to the board in those areas that are the basis of the
23-3 probation.
23-4 SECTION 19. Section 50.022, Human Resources Code, is amended
23-5 to read as follows:
23-6 Sec. 50.022. Disciplinary Proceedings. (a) A proceeding
23-7 under Section 50.021 <of this chapter> begins when a charge is
23-8 filed with the department and referred to the board in writing and
23-9 under oath. The charge may be made by any person.
23-10 (b) A person is entitled to notice and a hearing before the
23-11 State Office of Administrative Hearings before a sanction is
23-12 imposed under Section 50.021
23-13 <(c) The department may rule that the order revoking or
23-14 suspending a certificate or order of recognition be probated so
23-15 long as the probationer conforms to the orders and rules that the
23-16 department sets out as the terms of probation. The department, at
23-17 the time of probation, shall set out the period of time that
23-18 constitutes the probationary period. The department may at any
23-19 time while the probationer remains on probation hold a hearing and
23-20 on majority vote rescind the probation and enforce the department's
23-21 original action in revoking or suspending the certificate or order
23-22 of recognition.>
23-23 <(d) The department shall provide for notice and an
23-24 opportunity to appeal from disciplinary proceedings>. Disciplinary
23-25 proceedings and the appeals from the proceedings are governed by
23-26 the Administrative Procedure and Texas Register Act, as amended
23-27 (Article 6252-13a, Vernon's Texas Civil Statutes). The board by
24-1 rule shall adopt a broad schedule of sanctions for violations under
24-2 this chapter. The State Office of Administrative Hearings shall
24-3 use the schedule for any sanction imposed as the result of a
24-4 hearing conducted by that office.
24-5 <(e) The department shall keep an information file on each
24-6 complaint or charge filed. During the consideration of a charge
24-7 filed under this section and until the charge is finally resolved,
24-8 all parties shall be informed monthly in writing as to the status
24-9 of the complaint.>
24-10 SECTION 20. Chapter 50, Human Resources Code, is amended by
24-11 adding Sections 50.0221, 50.0222, 50.0223, and 50.0224 to read as
24-12 follows:
24-13 Sec. 50.0221. COMPLAINT PROCEDURE IN GENERAL. (a) The
24-14 board shall keep an information file about each complaint filed
24-15 with the department and referred to the board. The board's
24-16 information file shall be kept current and contain a record for
24-17 each complaint of:
24-18 (1) all persons contacted in relation to the
24-19 complaint;
24-20 (2) a summary of findings made at each step of the
24-21 complaint process;
24-22 (3) an explanation of the legal basis and reason for a
24-23 complaint that is dismissed; and
24-24 (4) other relevant information.
24-25 (b) If a written complaint is referred to the board, the
24-26 board, at least as frequently as quarterly and until final
24-27 disposition of the complaint, shall notify the parties to the
25-1 complaint of the status of the complaint unless the notice would
25-2 jeopardize an undercover investigation.
25-3 (c) The board by rule shall adopt a form to standardize
25-4 information concerning complaints made to the board. The board by
25-5 rule shall prescribe information to be provided to a person when
25-6 the person files a complaint with the board.
25-7 (d) The board shall provide reasonable assistance to a
25-8 person who wishes to file a complaint with the board.
25-9 Sec. 50.0222. COMPLAINT INVESTIGATION AND DISPOSITION. (a)
25-10 The board shall adopt rules concerning the investigation of a
25-11 complaint filed with the department and referred to the board. The
25-12 rules adopted under this subsection shall:
25-13 (1) distinguish between categories of complaints;
25-14 (2) ensure that complaints are not dismissed without
25-15 appropriate consideration;
25-16 (3) require that the board be advised of a complaint
25-17 that is dismissed and that a letter be sent to the person who filed
25-18 the complaint explaining the action taken on the dismissed
25-19 complaint;
25-20 (4) ensure that the person who filed the complaint has
25-21 an opportunity to explain the allegations made in the complaint;
25-22 and
25-23 (5) prescribe guidelines concerning the categories of
25-24 complaints that require the use of a private investigator and the
25-25 procedures for the board to obtain the services of a private
25-26 investigator.
25-27 (b) The board shall dispose of all complaints in a timely
26-1 manner. The board shall establish a schedule for conducting each
26-2 phase of a complaint that is under the control of the board not
26-3 later than the 30th day after the date the complaint is received by
26-4 the board. The schedule shall be kept in the information file for
26-5 the complaint and all parties shall be notified of the projected
26-6 time requirements for pursuing the complaint. A change in the
26-7 schedule must be noted in the complaint information file and all
26-8 parties to the complaint must be notified not later than the
26-9 seventh day after the date the change is made.
26-10 (c) The program director for the board shall notify the
26-11 board of a complaint that extends beyond the time prescribed by the
26-12 board for resolving the complaint so that the board may take
26-13 necessary action on the complaint.
26-14 Sec. 50.0223. INFORMAL PROCEEDINGS. (a) The board by rule
26-15 shall adopt procedures governing:
26-16 (1) informal disposition of a contested case under
26-17 Section 13(e), Administrative Procedure and Texas Register Act
26-18 (Article 6252-13a, Vernon's Texas Civil Statutes); and
26-19 (2) informal proceedings held in compliance with
26-20 Section 18(c), Administrative Procedure and Texas Register Act
26-21 (Article 6252-13a, Vernon's Texas Civil Statutes).
26-22 (b) Rules adopted under this section must provide the
26-23 complainant and the certificate or order of recognition holder an
26-24 opportunity to be heard and must require the presence of a
26-25 representative of the office of the attorney general to advise the
26-26 board or board's employees.
26-27 Sec. 50.0224. MONITORING OF CERTIFICATE OR ORDER OF
27-1 RECOGNITION HOLDER. The board by rule shall develop a system for
27-2 monitoring certificate or order of recognition holders' compliance
27-3 with the requirements of this Act. Rules adopted under this
27-4 section shall include procedures for monitoring a certificate or
27-5 order of recognition holder who is ordered by the board to perform
27-6 certain acts to ascertain that the certificate or order of
27-7 recognition holder performs the required acts and to identify and
27-8 monitor certificate or order of recognition holders who represent a
27-9 risk to the public.
27-10 SECTION 21. Section 50.023, Human Resources Code, is amended
27-11 to read as follows:
27-12 Sec. 50.023. Expiration and Renewal. (a) The board
27-13 <department> by rule shall adopt a system under which certificates
27-14 or orders of recognition issued under this chapter expire on
27-15 various dates during the year, and the dates for renewal shall be
27-16 adjusted accordingly. A person may renew an expired <On renewal of
27-17 the> certificate or order of recognition by paying to the
27-18 department before <or on> the expiration date of the certificate or
27-19 order the required<, the total> renewal fee <is payable>.
27-20 (b) Not later than 30 days before the expiration date, the
27-21 department shall notify in writing each person certified of the
27-22 date of the expiration of a certificate or order of recognition
27-23 issued to the person at the person's last known address according
27-24 to the records of the board <him, the amount of the fee for
27-25 renewal, and the continuing education provisions that are required
27-26 for its renewal for one year. The department shall attempt to
27-27 obtain from the person a signed receipt confirming receipt of the
28-1 notice>.
28-2 (c) If a person's certificate or order of recognition has
28-3 been expired for <not longer than> 90 days or less, the person may
28-4 renew the certificate or order of recognition by paying to the
28-5 department the required renewal fee and a fee that is one-half of
28-6 the examination fee for the certificate.
28-7 (d) If a person's certificate or order of recognition has
28-8 been expired for longer than 90 days but less than one year <two
28-9 years>, the person may renew the certificate or order of
28-10 recognition by paying to the department all unpaid renewal fees and
28-11 a fee that is equal to the examination fee for the certificate.
28-12 (e) If a person's certificate or order of recognition has
28-13 been expired for one year <two years> or longer, the person may not
28-14 renew the certificate or order of recognition. The person may
28-15 obtain a new certificate or order of recognition by submitting to
28-16 reexamination, if an examination was originally required, and
28-17 complying with the requirements and procedures for obtaining an
28-18 original certificate or order of recognition. However, the board
28-19 may renew without reexamination an expired certificate or order of
28-20 recognition of a person who was certified in this state, moved to
28-21 another state, and is currently certified and has been in practice
28-22 in the other state for the two years preceding application. The
28-23 person must pay to the department a fee that is equal to the
28-24 examination fee for the certificate or order of recognition.
28-25 SECTION 22. Section 50.024, Human Resources Code, is amended
28-26 to read as follows:
28-27 Sec. 50.024. BOARD <DEPARTMENT> REGULATION. (a) The board
29-1 <department> may establish, within the scope of social work and
29-2 this chapter, specifically designed areas of specialty work service
29-3 or practice for those persons certified and in good standing as
29-4 certified social workers or social workers. The basis for board
29-5 <department> action in establishing a social work specialty shall
29-6 be founded in the public interest and necessity and for the purpose
29-7 of practicing, aiding, and assisting the public in identifying
29-8 those persons in the professions qualified to practice or perform
29-9 specialty services.
29-10 (b) In establishing a specialty service or practice, the
29-11 board <department> shall define the scope of the specialty,
29-12 establish standards of special qualifications for the specialty
29-13 workers or practitioners that will accurately and truly describe
29-14 the parameters of the specialty and the use of which will be
29-15 prohibited to those who have not satisfied the board <department's>
29-16 requirements for qualification in the specialty, adopt rules of
29-17 conduct for specialty practitioners that will ensure strict
29-18 compliance with and enforcement of this chapter, and adopt rules
29-19 for suspending or revoking the order of recognition in the
29-20 specialty.
29-21 (c) A specialty may not be authorized for the private
29-22 practice of social work except for those persons certified as
29-23 certified social workers under this chapter meeting the minimum
29-24 number of years of actual and active social work practice as
29-25 determined by the board <department>. However, the board
29-26 <department> may not establish any specialty or specialty
29-27 identification in conflict with any licensing law of this state.
30-1 SECTION 23. Section 50.025, Human Resources Code, is amended
30-2 to read as follows:
30-3 Sec. 50.025. Limitations. After the effective date of an
30-4 order of the board <department> establishing areas of specialty
30-5 service or practice, a certified social worker or social worker may
30-6 not make use of a specialty professional identification or title
30-7 designated by the board <department> until the person has qualified
30-8 and been recognized by the board <department> as worthy of the
30-9 public trust in performing services within the scope of the
30-10 specialty.
30-11 SECTION 24. Section 50.026, Human Resources Code, is amended
30-12 to read as follows:
30-13 Sec. 50.026. Recognition Order. After a certified social
30-14 worker or social worker has met all requirements of the board
30-15 <department> for recognition in a specialty established by the
30-16 board <department>, the board <department> shall recognize the
30-17 person as so qualified. The recognition shall be evidenced by an
30-18 order of recognition of specialty of a name, design, and content as
30-19 the board <department> shall determine, setting forth the full name
30-20 of the person, official specialty serial number, the signature of
30-21 the presiding officer <commissioner and the chairman> of the board
30-22 <council>, and the board's <department's> official seal. Issue of
30-23 the order of recognition of specialty shall be evidence that the
30-24 person to whom it is issued has been recognized by this state as a
30-25 specialty social work practitioner under the name or title
30-26 designated by the board <department>.
30-27 SECTION 25. Section 50.027, Human Resources Code, is amended
31-1 to read as follows:
31-2 Sec. 50.027. Expiration. The board <department> by rule
31-3 shall adopt a system under which orders of recognition of specialty
31-4 practice expire on various dates during the year, and the dates for
31-5 renewal shall be adjusted accordingly. On renewal of the specialty
31-6 order of recognition on the expiration date, the total specialty
31-7 order of recognition renewal fee is payable.
31-8 SECTION 26. Section 50.028, Human Resources Code, is amended
31-9 to read as follows:
31-10 Sec. 50.028. Violations. A person who violates this chapter
31-11 or a rule of the board <department> pertaining to the practice of
31-12 social work is subject to a civil penalty of not less than $50 nor
31-13 more than $500 for each day of violation.
31-14 SECTION 27. Section 50.029, Human Resources Code, is amended
31-15 to read as follows:
31-16 Sec. 50.029. INJUNCTIVE RELIEF <ENFORCEMENT>. (a) When it
31-17 appears that a person has violated or is violating or is
31-18 threatening to violate this chapter or a rule or order of the board
31-19 <department> pertaining to social work, the board or department may
31-20 cause a civil suit to be instituted in a district court for
31-21 injunctive relief to restrain the continued violation or threat of
31-22 violation or for the assessment and recovery of the civil penalty,
31-23 as the court may consider proper, or for both injunctive relief and
31-24 civil penalty. On application for injunctive relief and a finding
31-25 that a person is violating or threatening to violate this chapter
31-26 or a rule, variance, or order of the board or department, the
31-27 district court may grant the injunctive relief that the facts
32-1 warrant.
32-2 (b) At the request of the board or department, the attorney
32-3 general shall institute and conduct a suit in the name of this
32-4 state for injunctive relief or to recover the civil penalty or for
32-5 both injunctive relief and penalty, as authorized in Subsection (a)
32-6 <of this section>.
32-7 SECTION 28. Section 50.031, Human Resources Code, is amended
32-8 to read as follows:
32-9 Sec. 50.031. Grants. The board or department may
32-10 <department is hereby empowered and authorized to> take all action
32-11 necessary to qualify for, accept, and receive funds or grants made
32-12 available by the United States or an agency of the United States,
32-13 by this state or any agency of this state, or by a private
32-14 foundation or other source for the establishment and maintenance of
32-15 programs of continuing education.
32-16 SECTION 29. Section 50.032, Human Resources Code, is amended
32-17 to read as follows:
32-18 Sec. 50.032. ENDORSEMENT <Reciprocity>. (a) The board
32-19 <department> may, on application and payment of the appropriate
32-20 fee, grant a provisional certificate to a <certify as a certified
32-21 social worker,> social worker<,> or social work associate <a
32-22 person> who is appropriately certified or licensed by another
32-23 state, territory, or possession of the United States if the
32-24 requirements of that state, territory, or possession for the
32-25 certificate or license are the substantial equivalent of the
32-26 requirements of this chapter as determined by the board
32-27 <department>. An applicant for a provisional certificate under
33-1 this section must:
33-2 (1) be licensed in good standing as a social worker or
33-3 social work associate in another state, the District of Columbia,
33-4 or a territory of the United States that has certification
33-5 requirements that are substantially equivalent to the requirements
33-6 of this chapter;
33-7 (2) have passed a national or other examination
33-8 recognized by the board relating to social work; and
33-9 (3) be sponsored by a person certified by the board
33-10 under this chapter with whom the provisional certificate holder may
33-11 practice under this section.
33-12 (b) An applicant for a provisional certificate may be
33-13 excused from the requirement of Subsection (a)(3) if the board
33-14 determines that compliance with that subsection constitutes a
33-15 hardship to the applicant.
33-16 (c) A provisional certificate is valid until the date the
33-17 board approves or denies the provisional certificate holder's
33-18 application for a certificate. The board shall issue a certificate
33-19 under this chapter to the holder of a provisional certificate under
33-20 this section if:
33-21 (1) the provisional certificate holder passes the
33-22 examination required by Section 50.014;
33-23 (2) the board verifies that the provisional
33-24 certificate holder has the academic and experience requirements for
33-25 a certificate under this chapter; and
33-26 (3) the provisional certificate holder satisfies any
33-27 other certificate requirements under this chapter.
34-1 (d) The board must complete the processing of a provisional
34-2 certificate holder's application for a certificate not later than
34-3 the 180th day after the date the provisional certificate is issued.
34-4 (e) <(b)> The board <department> may waive any certification
34-5 requirement for an applicant with a valid certificate or license
34-6 from another state with which the State of Texas has a reciprocity
34-7 agreement.
34-8 SECTION 30. Section 50.034, Human Resources Code, is amended
34-9 to read as follows:
34-10 Sec. 50.034. Continuing Education. (a) The board by rule
34-11 shall establish <department may recognize, prepare, or administer>
34-12 mandatory continuing education programs for certified social
34-13 workers, social workers, and social work associates certified under
34-14 this chapter<. Participation in the programs is voluntary>.
34-15 (b) The board by rule shall establish a minimum number of
34-16 hours of continuing education required to renew a certificate or
34-17 order of recognition under this chapter. The board may assess the
34-18 continuing education needs of certificate or order of recognition
34-19 holders and may require certificate or order of recognition holders
34-20 to attend continuing education courses specified by the board. The
34-21 board by rule shall develop a process to evaluate and approve
34-22 continuing education courses.
34-23 (c) The board shall identify the key factors for the
34-24 competent performance by a certificate or order of recognition
34-25 holder of the certificate or order of recognition holder's
34-26 professional duties. The board shall adopt a procedure to assess a
34-27 certificate or order of recognition holder's participation in
35-1 continuing education programs.
35-2 SECTION 31. (a) As soon as possible after the effective
35-3 date of this Act, the governor shall appoint the initial members of
35-4 the Texas State Board of Examiners of Social Workers in accordance
35-5 with Chapter 50, Human Resources Code, as amended by this Act. In
35-6 making the initial appointments, the governor shall designate
35-7 members to serve terms so that one member certified as a social
35-8 worker or social worker associate, one member certified as a social
35-9 worker, and one public member serve for terms:
35-10 (1) expiring February 1, 1995;
35-11 (2) expiring February 1, 1997; and
35-12 (3) expiring February 1, 1999.
35-13 (b) The Texas State Board of Examiners of Social Workers may
35-14 not take any action and is not created until the day after the date
35-15 that the last appointee to the initial board takes office. On the
35-16 date of its creation, the board assumes its functions and:
35-17 (1) the Council for Social Work Certification is
35-18 abolished;
35-19 (2) the obligations, rights, contracts, records and
35-20 other property, and personnel of, and unspent money appropriated to
35-21 or for, the abolished council are transferred to the Texas State
35-22 Board of Examiners of Social Workers;
35-23 (3) the rules of the abolished council are continued
35-24 in effect as rules of the Texas State Board of Examiners of Social
35-25 Workers until superseded by rule of the new board;
35-26 (4) the licenses, certificates, and orders of
35-27 recognition in effect that were issued by the abolished council are
36-1 continued in effect as licenses, certificates, and orders of
36-2 recognition of the Texas State Board of Examiners of Social
36-3 Workers;
36-4 (5) a complaint or investigation pending before the
36-5 abolished council is transferred without change in status to the
36-6 Texas State Board of Examiners of Social Workers;
36-7 (6) a contested case pending before the abolished
36-8 council is transferred to the State Office of Administrative
36-9 Hearings, and actions taken in the proceeding are treated as if
36-10 taken by the State Office of Administrative Hearings; and
36-11 (7) any reference in a law to the abolished council
36-12 means the Texas State Board of Examiners of Social Workers.
36-13 (c) Regardless of the changes in law made by this Act, until
36-14 the date that the Council for Social Work Certification is
36-15 abolished as provided by this section, the council continues in
36-16 existence and shall administer its functions under the law that
36-17 governed the council before the effective date of this Act, and the
36-18 prior law is continued in effect for that purpose.
36-19 SECTION 32. This Act takes effect September 1, 1993.
36-20 SECTION 33. The importance of this legislation and the
36-21 crowded condition of the calendars in both houses create an
36-22 emergency and an imperative public necessity that the
36-23 constitutional rule requiring bills to be read on three several
36-24 days in each house be suspended, and this rule is hereby suspended.